Court : Allahabad
Reported in : AIR1996All350
..... no such order in the present case appointing the official trustee as sole executor consequently the submission made on behalf of administrator general to administer the estate of the deceased in his capacity as the official trustee under the official trustees act, 1913 cannot be accepted.14. ..... that apart, as there is no application as envisaged under section 10 of the official trustees act for appointment of the official trustee for managing the trust, as already seen above, the application was filed for grant of letters of administration by ..... have been made regarding mis-appropriation of the trust property against sharad chand and sanjay kumar sons of the alleged deceased managing trustee, it is apparent therefore, that the trustees are incapable of acting in the interest of the trust and consequently the provisions of section 10 of the official trustees act are attracted. ..... is taken that under section 7 of the administrator general act, the petition would not he maintainable as the next of kin are available and the case for grant of letters of administration with the will annexed is pending before the court below yet by virtue of the provisions of section 10 of the official trustees act, this court is empowered to grant letters of administration to the administrator general as official trustee he-cause the property in question is subject of a trust and the trustees are not capable to act for the benefit ..... shall drop the proceedings and award cost to the administrator general. ..... cost .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal411
..... it seems to me that the provisions of the religious part of the trust being performed by the heirs of the settlor, takes the instant case out of the provisions of section 7(5) of the official trustees act and the said section is no impediment to the official trustee acting as trustee in the instant case. ..... even if it is held that section 7(5) operatesas a bar to the official trustee in acting as trusteeunder the instant trust, less than two trustees are incompetent in terms of the instrument to exercise the function of trustee for a period more than three months and as such phani ghose alone was competent in law to appoint hem chandra' as trustee. ..... section 7(5) of the official trustees act reads as follows:-'the official trustee shall not save as provided in the rules made under this act accept any trust for religious purposes..... ..... it is however argued against this contention that the official trustee suffers from the disability to become a trustee of the instant trust under section 7(5) of the official trustees act. ..... this would operate as a discharge of the surviving trustee under section 71(c) of the official trustees act. ..... 2,500/- and direct the deity's costs to be paid in the first instance. ..... there is no pleading, however, of how much money the lessee actually spent for the benefit of the estate, nor is there sufficient or any evidence at all on this point. ..... it is recited that for meeting the funeral expenses, adya sradh, the cost of obtaining probate etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2005(11)SC277; 2004(10)SCALE22; (2005)1SCC457
..... high court on the above findings and conclusions modified the decree granted by the courts below and directed that as the property belongs to a public trust with no scheme provided for its management through appointed trustees, the administrator-general under act 45 of 1963 and official trustees act 1913 should take over the management of the trust.8. ..... charitable endowments' means all property given or endowed for the benefit of, or used as of right by, the hindu or the jain community or any section thereof, for the support or maintenance of object of utility to the said community or section, such as rest-houses, choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of alike nature; and includes ..... in the circumstances of the case each party is directed to bear their own costs throughout.the registry is directed to send a copy of this judgment and decree in the second appeal in s.a. no. ..... learned author at page 35 of his commentary explains how such a property vests in the property itself as a juristic person. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(14)SCALE285
..... interpretation and application of the provisions of sections 25 and 26 of the official trustees act, 1913 (for short, 'the 1913 act') as also section 302 of the indian succession act, 1925 (for short, 'the succession act') falls for consideration in this appeal, which arises out of a judgment and order dated 21.12.1999 passed by a division bench of the calcutta high court in apd/t no ..... the principal questions which in view of the rival contentions of the parties arise for consideration are:a) whether the application made by the respondent under the official trustee act, 1925 to the calcutta high court was maintainable?b) whether the defect of unregistered document assigning lease of immovable property stood cured by registration of subsequent document ..... until and unless the appellant had paid off the debentures the scheme of trust was to continue but:upon proof being given to the reasonable satisfaction of the trustees that all the debentures entitled to the benefit of the trusts herein contained have been paid off or satisfied and upon payment of all costs charges and expenses incurred by the trustees in relation to those presents the trustees shall at the request and cost of the company-.release the charged ..... the accounts of the official trustee is liable to be audited once annually. ..... ramanatha aiyar, the two expressions have been defined in the following terms:'beneficiary' beneficiaries are persons for whose benefit property is held by trustees, executors, etc. ..... etc ..... etc. v. l.v.a .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR100; 2007(3)BomCR7
..... the dispute was regarding grant of long term lease in respect of the said property and exercise of supervisory jurisdiction of high court under section 25 of the official trustees act, 1913. ..... the learned single judge of the high court disposed of the said application by treating the same as one under official trustees act, 1913. ..... application for sanction of an alienation shall contain information inter alia on the following points:(i) whether the instrument of trust contains any directions as to alienation of immovable property; (ii) what is the necessity for the proposed alienation;(iii) how the proposed alienation is in the interest of the public trust; and (iv) in the case of a proposed lease, the terms of the past leases, if any, such application shall be accompanied, as far as practicable, by a valuation report of an expert. ..... 397-98, para 10).the trustees or persons authorised to sell by private negotiations, can, in a given case, enter into a secret or invisible underhand deal or understanding with the purchasers at the cost of the concerned institution. ..... in the said decision, the apex court had observed that the trustees or persons authorised to sell by private negotiations, can, in a given case, enter into a secret or invisible underhand deal or understanding with the purchasers at the cost of the concerned institution. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710
..... these appeals relating to grant of a long term lease in respect of immovable property vested in the official trustee as executor and trustee raise questions relating to the exercise of the supervisory jurisdiction by the high court under section 25 of the official trustees act, 1913, herein referred to as 'the act'.2. ..... under section 7 of the act, the official trustee acts as an ordinary trustee and has the same powers, duties and liabilities and is entitled to the same rights and privileges and is subject to the same control and orders of the court as any other trustee acting in the same capacity. ..... in this regard it may be mentioned that in view of section 9 of the act when the official trustee has been appointed trustee under a will he holds the property vested him upon the trust expressed in the will. ..... in the matter of exercise of its supervisory jurisdiction under section 25 of the act the high court has to be guided by the same consideration which governs the administration of trust property by the official trustee, namely, 'to make the trust get the maximum advantage of a transaction'. ..... thickness to a length of 63.70 metres at his cost as mentioned in the report filed by the assistant engineer within a period of one year, without claiming any reimbursement or adjustment in the rent payable. ..... this raises the question - how would the court satisfy itself the terms are just and reasonable? ..... etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR1; 2005(2)MhLj921
..... section 24 envisages that the act shall have effect, notwithstanding anything contained in the bombay public trust act, 1950, the official trustees act, 1913 or any other law for the time being in force, or in any scheme of management framed thereunder, or in any judgment, decree or order of any court, tribunal, charity commissioner or other competent authority or in ..... provides that in particular, but without prejudice to the generality of sub-section (1), the committee :-''(a) prepare the annual budget estimating the income and expenditure of the trust and send a copy of it to the state government;(b) maintain proper accounts and records of the properties and the income and expenditure of the trust;(c) cause the accounts of the trust to be audited annually by the such person and by such date in the next ..... the state government is empowered by this section to remove a member if it appears that he is a minor or is convicted by criminal court or of unsound mind or has direct or indirect interest in immovable property of temple trust or is a paid servant of committee or has any interest in execution, supply or performance of any service undertaken by the committee in respect of the temple trust or is guilty of misconduct ..... is for the petitioner to show how the law violates any of the ..... challenge to the provisions of the act fails and the petition is accordingly dismissed with no order as to costs. ..... articles 25 and 26 of the constitution.12, the same view is taken in dharam das etc. v. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT539(HC)
..... section 7 of the official trustee act reads thus; '7 ..... the official trustee, in terms of the provision of the official trustee act, has statutory duties to perform ..... the sum of rs.25,000/- (twenty five thousand) only the interest on the said sum of rs.25,000/-(twenty five thousand) only shall be paid to the shebait for the time being of the said thakurs hereinafter mentioned when the said reserve fund shall reach rupees one lakh the official trustee shall not accumulate such one-fifth part or share of the nett rents and profits but shall also pay the same ..... subject to, and in accordance with the provisions of this act and the rules made thereunder, the official trustee may, if he thinks fit-- (a) act as an ordinary trustee; (b) be appointed trustee by a court of competent jurisdiction. ..... 10,000.00 such costs will be paid in equal shares by the person occupying the post of official-trustee at present and the person who had affirmed the written-statement when he had occupied the post, out of their respective personal funds, and such costs shall be deposited in the funds of the debutter-estate.i, therefore, hold, that the defendant no ..... it is true that in the evidence the plaintiffs witness stated: q, how many properties were given to the trust under this deed? a. ..... necessity, the transferee gets only the widow's estate which is not even an idefeasible life estate for it can come to an end not merely on her death but on the happening of other contigencies like re-marriage, adoption, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN555
..... he further contended that the hon'ble first court could not have passed the said judgement and/or order dated march 19, 2004 even treating the said petition as a petition under section 25 of the official trustees act, 1930 without making of an order of public auction in accordance with the decision of the hon'ble supreme court which is reported in : (1994)1scc475 (committee of management of pachaiyappa's ..... persons as the said committee for the time being may direct provided that in the case of immovable property it shall first be necessary for the official trustee of west bengal to obtain the ..... the salient features of the said trust are as follows:(i) the official trustees of west bengal shall at the request and cost of the said committee convey, transfer, assign or make over any of the properties of the institution movable or immovable held or to be held by him as aforesaid at such time or times and in such a manner and to such person or ..... of maximum area possible to be constructed on the premises;(b) plans also to be sanctioned within one year and building should be constructed and completed and furthermore under the said agreement the total consideration including costs payable by the committee/society shall be rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All341
..... under section 25 of the official trustees act, 1913 read with section 25 of the administrators general act, 1963 ..... opinion that unless there is a direction by the court or anorder by the court within the meaning of sections 29 and 25 of the official trustees act, 1913, no trust property can be transferred by the official trustee. 19. ..... at section 25 of the official trustees act, 1913. ..... section 25 of the official trustees act makes it clear that the high court may make such orders as it thinks fit respecting, any trust property vested in the official trustee or ..... from the above that the high court has very wide powers under section 25 of the official trustees act. 14. ..... is the official trustee under the official trustees act became the trustee of the ..... contentions raised before me it would be proper to refer to the specific provisions in the administrators general act and the official trustees act. ..... official trustees act ..... section 29 also says that nothing in this act shall be deemed to prevent the transfer by the official trustee of any property vested in him to any other person ..... the applicant then stated that the managing committee arya samaj, meerut, the district magistrate, meerut as well as the official trustee completely mismanaged the trust inasmuch as they varied the scheme of the trust as created by the testator without any valid order of the competent court and gave financial help at ..... of the case there will be no order as to costs. ..... of some curiosity as to how she comes to make this .....
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