Skip to main content

The Official Trustees Act, 1913

Central

To consolidate and amend the law constituting the office of the Official Trustee.

Act number
2 of 1913
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
27 Feb 1913
In force from
1 Apr 1914

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

35 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Interpretation clause.
  3. Section 3Extent of jurisdiction of High Court.
  4. Section 4Official Trustees.
  5. Section 5Appointment and powers of Deputy Official Trustee.
  6. Section 6Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name.
  7. Section 7General powers and duties of Official Trustee.
  8. Section 8Official Trustee may with consent be appointed trustee of settlement by grantor.
  9. Section 9Appointment of Official Trustee as trustee by will.
  10. Section 10Power of High Court to appoint Official Trustee to be trustee of property.
  11. Section 11Power of private trustees to appoint Official Trustee to be trustee of property.
  12. Section 12Executor or administrator may pay to Official Trustee legacy, share, etc., of minor or lunatic.
  13. Section 13Official Trustee not to be required to give bond or security.
  14. Section 14Entry of Official Trustee not to constitute notice of a trust.
  15. Section 15Liability of Government.
  16. Section 16Notice- of suit not required in certain cases.
  17. Section 17Fees.
  18. Section 18Disposal of fees.
  19. Section 19Auditors to be appointed to examine Official Trustees‟s accounts, etc., and to report to Government.
  20. Section 20Auditor‟s power to summon witnesses and to call for documents.
  21. Section 21Costs of audit, etc., how paid.
  22. Section 22Right of beneficiary to inspection and copies of accounts.
  23. Section 23Transfer to Government of accumulations in the hands of Official Trustee.
  24. Section 24Mode of proceeding by claimant to recover money so transferred.
  25. Section 25Power of High Court to make orders in respect of property vested in Official Trustee.
  26. Section 26Who may apply for order under Act.
  27. Section 27Order of Court to have effect of a decree.
  28. Section 28General powers of administration.
  29. Section 29Transfer of trust property by Official Trustee to original trustee or any other trustee.
  30. Section 30Rules.
  31. Section 31[Repealed.].
  32. Section 32Saving of provisions of Indian Registration Act, 1908.
  33. Section 32ASaving.
  34. Section 32BSpecial provision regarding certain Official Trustees affected by States‟ reorganisation.
  35. Section 33[Repealed.].