Powers of trustee to apply for directions
Section 7 of the Charitable and Religious Trusts Act, 1920 deals with powers of trustee to apply for directions. Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the tru The Act came into force on 20 Mar 1920.
(1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be, thereon:
Provided that the Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal.
(2) The Court on a petition under sub-section (1), may either give its opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed, to be served on such of the person interested in the trust, or to be published for information in such manner, as it thinks fit.
(3) On any date fixed under sub-section (2) or on any subsequent date to which the hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition.
(4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made.
Section 7, The Charitable and Religious Trusts Act, 1920 (Act 14 of 1920).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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L. M. Menezes & Ors. v. Rt. Rev. Dr. Lawrence Pius & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED signed Final Order 2011-12-14 (order-12.pdf; body NEW DELHI DECEMBER 14, 2011 matches index ROP/disposal date): Arch Bishop undertaking accepted that De Monte Trust properties will not be disposed/leased/dealt with to trust detriment unless competent-court permission under s.7 is obtained; appeal disposed on that undertaking (s.92 CPC 'persons interested' left open for future applications).
On this section: s.7 court permission is the statutory gate before trustee disposal/lease/dealing of charitable/religious trust property.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 7
What have the courts held on Section 7 of the Charitable and Religious Trusts Act?
L. M. Menezes & Ors. v. Rt. Rev. Dr. Lawrence Pius & Ors. (14 Dec 2011) is the leading judgment on this section among those set out below: s.7 court permission is the statutory gate before trustee disposal/lease/dealing of charitable/religious trust property.
How do I find court cases under Section 7 of the Charitable and Religious Trusts Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Charitable and Religious Trusts Act 7, section 7 Charitable and Religious Trusts Act, section 7 of the Charitable and Religious Trusts Act. People searching for it also type section 7 of the charitable and religious trusts act 1920. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with L. M. Menezes & Ors. v. Rt. Rev. Dr. Lawrence Pius & Ors. (14 Dec 2011).
When did Section 7 of the Charitable and Religious Trusts Act come into force?
Section 7 of the Charitable and Religious Trusts Act, cited as Charitable and Religious Trusts Act 7, came into force on 20 Mar 1920, having been enacted on 20 Mar 1920. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Procedure on petition434 words
- 10. Power of Courts as to costs in certain suits against trustees of charitable and religious trusts201 words
- 3. Power to apply to the Court in respect of trusts of a charitable or religious nature159 words
- 9. Savings122 words
- 8. Costs of petition under this Act115 words
- 11. Provisions of the Code of Civil Procedure to apply104 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.