Court : Allahabad
Reported in : AIR1996All350
..... 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 the administrator general. ..... neither the official trustee nor any person has moved any application to appoint the official trustee as a trustee in the present case.sub-section (6) of section 7 of the said act lays down that the official trustee shall not administer the estate of a deceased person unless he is expressly appointed as executor of, and sole trustee under the will of such person. ..... there is 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. ..... a division bench of our court by interpreting the relevant provisions of the administrator general act, 1913 had laid down that in the proceedings before the high court for letters of administration the administrator genera! ..... 1913 which reads as follows :'10. ..... 1913. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44
..... official trustee applied for the probate of the will of ethiraj under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913 ..... high court examined the provisions of the administrators-general act, 1963 and the official trustees act, 1913 and held as under:it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executorships must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the ..... will under which he created a trust in respect of his properties and appointed the official trustee of madras as the sole executor and trustee ..... a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise including any wakf deed which is valid under the mussalman wakf validating act, 1913 (6 of 1913), receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees;(v) ... ..... an executor or administrator shall, within six months from the grant of probate or letters of administration, or within such further time as the court which granted the probate or letters may appoint, exhibit in that court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1999)155CTR(SC)585
..... come into existence and the properties had vested in the official trustee.'16. ..... official trustee applied for the probate of the will of either under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913. ..... the high court examined the provisions of (lie administrators general act, 1963 and the official trustees act, 1913 and held as under:'it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executor ship must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust had ..... in this case, one ethiraj executed his will under which he created a trust in respect of his properties and appointed the official trustee of madras as the sole executor and trustee. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1999]106TAXMAN151(SC)
..... of ethiraj (deceased) under his will became vested in the official trustee of madras as a "trustee" from the very inception and, therefore, the income of the estate was not assessable in his hands under the provisions of section 168 of the act.high court examined the provisions of the administrators- general act, 1963 and the official trustees act, 1913 and held as under:- "it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executorship must automatically come ..... to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the ..... ethiraj died on september 8, 1960.official trustee applied for the probate of the will of ethiraj under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913.probate was granted to him on may 3, 1961. .....
Tag this Judgment!Court : Chennai
Reported in : (1980)16CTR(Mad)238; [1979]120ITR271(Mad)
..... the tribunal, after examining the terms of the will and the provisions of the official trustees act, 1913, allowed the assessee's appeals by common order dated august 30, 1974, holding that where the official trustee is appointed as a trustee by a testator under his will, there is no question of an executor functioning at all that even if there is any executor he has to transfer the properties subject to the trust after obtaining the probate of the will to the trustee, that the directions contained in the will regarding the sale of the properties merely ..... the assessee applied to the high court of madras for the probate of the aforesaid will of the deceased under section 222 of the indian succession act, 1925, read with section 7(6) of the official trustees act, 1913, in o.p. no. ..... having regard to the view expressed in the above authorities and in the face of sections 7(6) and 9 of the official trustees act, it appears to be quite clear that though the official trustee has been appoint both as sole executor and as sole trustee, the executorship must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust had come into existence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal379
..... i hold therefore that a trustee has been properly appointed within the meaning of the section, and that it is not necessary to appoint the official trustee, that is to say, the holder of the office created under the provisions of the official trustees act of 1913.8. ..... but in my opinion the real explanation of this apparent inconsistency is that section 6, married women's property act (act 3 of 1874) does not apply to the corporation sole which has been created under the provisions of the official trustees act of 1913; that is to say the official trustee mentioned in section 6, married women's property act is not the legal person referred to in the official trustees act of 1913, which is a corporation sole. ..... in the circumstances the suit must now proceed, and in the event of the plaintiff-succeeding, the sum decreed will be paid to the trustee who will hold it in trust as provided by section 6.10. ..... now the rule of interpretation with regard to inconsistent statutes is that where two acts are inconsistent the later will be read as having impliedly repealed the earlier (craies on statute law, edn. 4, p. ..... the defendant company will pay to the plaintiff the costs of hearing of this preliminary issue incurred on the 17th november and to day, which will be treated as one day's costs. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ680
..... , the agot is administering the estate of c.kandasamy naidu as the sole executor appointed under the will dated 21.5.1948 and as per the letters of administration granted to the official trustee by order of this court dated 5.10.1948 in the above o.p. no. ..... xxxviii indian law reports 1134, while dealing with the consequence of an order of probate under the administrators general act, 1913, held that:a grant of letters of administration under section 20 of the administrator-general's act to the administrator general in respect of the estate of a deceased hindu vests the estate in the administrator general and enables him to dispose of immovable property without the consent of the court ..... 278 of 1948 on the file of this court probating the will dated 21.5.1948, all the properties - both movable and immovable of the deceased, whether exempted or otherwise vest with the agot by operation of law under the provisions of the administrators general act, 1913, which stands repealed by the administrators general act, 1963 and therefore, the question of proving ownership and title does not arise; ..... that apart, the objections raised by the agot to the award proceedings, the request for higher compensation at the market value, and the request to refer the matter under section 18 of the land acquisition act to the civil court for determination of the amount of compensation made by representation dated 19.1.1989, followed by a reminder dated 14.9.1993, were also not at all considered by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710
..... 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. ..... 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 ..... the official trustee of madras has been appointed as the executor and the trustee of the will and he has been empowered to sell and dispose of the properties, immovable as well as movable, o.p. no ..... 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' ..... 2 for grant of lease was treated and disposed of as an application under section 25 of the act which reads as under:power of high court to make orders in respect of property vested in official trustee. ..... 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. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi582; 1974RLR276
..... if there be no trustee 'willing or capable to act in the trust' within the jurisdiction of the high court, that court may on application make an order for the appointment of the official trustee with his consent: see section 10(i). ..... according to section 7(1) of that act the official trustee 'may, if he thinks fit,- (a)act as an ordinary trustee; (b)be appointed trustee by a court of competent jurisdiction' ..... alternatively, if all the existing trustees and beneficiaries are desirous that the official trustee be appointed in the room of such trustees they may so appoint him by an instrument in writing with his consent: -see section 11. ..... i would suggest to them that they either appoint the official trustee in their stead by an instrument in writing or make an application under section 10 for him to be so appointed. ..... whichever procedure be adopted, the official trustee holds the trust property on the same trusts as before: see sections 10(2) and 11(2). ..... for this reason i think it is appropriate that a copy of this order be sent to the official trustee to enable him to decide whether he would wish to move under section 10. ..... its purpose as stated in the objects and reasons is to provide in india an official capable of discharging the functions which are discharged in england by the official trustee of charity lands and the official trustees of charitable funds. ..... procedures are provided by the act for vesting trust property in the official trustee. ..... first, there is the official trustees act 1913. .....
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 ..... under section 10 of the said act, the high court has power to appoint an official trustee to be trustee of property ..... the high court accepted all the contentions of the official trustee not only by enhancing the quantum of rent payable by the company, but also appointing a valuer for the purpose of arriving at a reasonable quantum of rent, which might become payable on the expiry of the period of lease.30 ..... ; 4493 for 1919 subject to an indenture dated the 15th day of august 1923 made between the official trustee of bengal of the one part and as such the sole executor and trustee of the will of the said peter charles ernest paul of the one part and the transferor of the other part and registered at calcutta in book i vol ..... an official trustee is appointed by the ..... he executed a will on 16.06.1920 appointing the official trustee as its executor and trustee in respect of the said property ..... in this case, he was, however, appointed by a will. ..... hemingway, died leaving behind a will in terms whereof the public trustee of the public trust of london took over her estate and started receiving her share of .....
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