The Official Trustees Act, 1913

( ACT NO. II OF 1913 )

1♣An Act to consolidate and amend the Law constituting the office of Official Trustee.

WHEREAS it is expedient to consolidate and amend the law constituting the office of the Official Trustee; It is hereby enacted as follows:-



1. Short title, extent and commencement

2. Interpretation clause

3. Extent of jurisdiction of High Court Division

4. Official Trustees

5. Appointment and powers of Deputy Official Trustee

6. Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name

7. General powers and duties of Official Trustee

8. Official Trustee may with consent be appointed trustee of settlement by grantor

9. Appointment of Official Trustee as trustee by will

10. Power of High Court Division to appoint Official Trustee to be trustee of property

11. Power of private trustees to appoint Official Trustee to be trustee of property

12. Executor or administrator may pay to Official Trustee legacy, share, etc., of infant or lunatic

13. Official Trustee not to be required to give bond or security

14. Entry of Official Trustee not to constitute notice of a trust

14A. Power to examine on Oath

15. Liability of Government

16. Notice of suit not required in certain cases

17. Fees

18. Disposal of fees

19. Auditors to be appointed to examine Official Trustee’s accounts, etc., and to report to Government

20. Auditor’s power to summon witnesses and to call for documents

21. Costs of audit, etc., how paid

22. Right of beneficiary to inspection and copies of accounts

23. Transfer to Government of accumulations in the hands of Official Trustee

24. Mode of proceeding by claimant to recover money so transferred

25. Power of High Court Division to make orders in respect of property vested in Official Trustee

26. Who may apply for order under Act

27. Order of Court to have effect of a decree

28. General powers of administration

29. Transfer of trust property by Official Trustee to original trustee or any other trustee

30. Rules

30A. False evidence

31. [Repealed]

32. Savings of provisions of Registration Act, 1908

32A. [Omitted]

33. [Repealed]