Power of High Court to appoint Official Trustee to be trustee of property
Section 10 of the Official Trustees Act, 1913 deals with power of High Court to appoint Official Trustee to be trustee of property. If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act The Act came into force on 01 Apr 1914.
(1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act in the trust, the High Court may on application make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of such property.
(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be exempt from the liability as trustees of such property save in respect of acts done before the date of such order.
(3) Nothing in this section shall be deemed to affect the provisions of 1* * * the Indian Trusts Act, 1882 (2 of 1882).
Section 10, The Official Trustees Act, 1913 (Act 2 of 1913).
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 10
What does Section 10 of the Official Trustees Act deal with?
Section 10 of the Official Trustees Act is headed "Power of High Court to appoint Official Trustee to be trustee of property". If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act
How do I find court cases under Section 10 of the Official Trustees 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: Official Trustees Act 1913 10, section 10 Official Trustees Act 1913, section 10 of the Official Trustees Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 10 of the Official Trustees Act, and has it changed?
One instrument names it without being made under it, most recently The Official Trustees (Maharashtra) Rules, 1971 (1971).
When did Section 10 of the Official Trustees Act come into force?
Section 10 of the Official Trustees Act, cited as Official Trustees Act 1913 10, came into force on 01 Apr 1914, having been enacted on 27 Feb 1913. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Rules473 words
- 7. General powers and duties of Official Trustee236 words
- 19. Auditors to be appointed to examine Official Trustees‟s accounts, etc., and to report to Government195 words
- 32B. Special provision regarding certain Official Trustees affected by States‟ reorganisation192 words
- 11. Power of private trustees to appoint Official Trustee to be trustee of property186 words
- 32A. Saving182 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 18 Oct 2026. This page is not a substitute for legal advice.