Sections 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 10 to 12 of the Madhya Pradesh Public Trusts Act, 1951 deal with three situations in Madhya Pradesh. Where trust property lies in more than one district, the Registrar sends copies of the entries to the other Collectors. Where a public trust is created by will, the executor applies for registration. And a court or revenue officer must tell the Registrar when a document creating a public trust is produced before it.
This article explains sections 10 to 12 of the Madhya Pradesh Public Trusts Act, 1951 (M.P. Act No. 30 of 1951) as amended up to the date of the English text consulted on 3 October 2026 (published without amendment footnotes; bracketed words show that the State has amended it). Check the current text with the State's Devasthan Department or Registrar of Public Trusts before relying on it.
Section 10: if part of the trust property is in more than one district, the Registrar forwards a copy of the entries to all the Collectors concerned, and each Collector has the particulars entered in a prescribed register. Section 11: for a public trust created by will, the executor applies for registration within one month from the grant of probate or within six months from the day of the testator's death, in the manner of section 4. Section 12: a Civil Court or Revenue Officer before which a document creating a public trust is produced, or a question likely to affect an entry arises, must give notice to the Registrar and make him a party if he applies.
Section 10: intimation to the Collector
The section heading, as printed, reads "Intimation to the about the trust property situated in his district". The word "Collector" is in square brackets in the published copy, which shows an amendment.
Sub-section (1). "Where any part of the trust property of a public trust is situate within the limits of more than one district, the Registrar shall forward a copy of the entries recorded in the register in respect of that public trust to all within whose jurisdiction any part of the trust property is situate."
Sub-section (2). "On receipt of any copy of entries under sub-section (1), the shall cause the particulars in such entries to be entered in a register prescribed in that behalf."
Rule 7 of the Madhya Pradesh Public Trusts Rules, 1962 prescribes the register: a Collector receiving copies of entries about immovable property in his district of public trusts registered in another district keeps an abstract of those entries in a register in Form VII. The Registrar, under section 3, is the Collector of the district where the trust's principal office or place of business is declared; the other Collectors are only informed. The purpose of the section is to ensure that the district office that sees the land can also see that it belongs to a registered trust.
Section 11: public trusts by will
"In the case of the public trust which is created by a Will the executor of such Will shall, within one month from the date on which the probate of the Will is granted or within six months from the day of the testator's death, make an application for the registration of the trust in the manner provided in Section 4."
Four points follow from the words:
- The duty is the executor's, not the working trustee's.
- Two periods are printed: one month from the grant of probate, and six months from the day of the testator's death. The sentence uses "or" and does not say "whichever is earlier"; read the sentence as printed and ask the Registrar's office how it applies where only one of the events has occurred. This article does not compute any date from either period.
- The application is made "in the manner provided in Section 4", so the form, particulars, verification and attachments in section 4 apply, and the Registrar then inquires under sections 5 to 8.
- The Act does not say what follows if the executor does not apply, except through the general penalty in section 33(1), which names section 11 among the sections whose contravention is punishable with a fine up to one thousand rupees as printed in the published copy.
For the Indian Succession Act, 1925 rule on bequests to religious or charitable uses, see Section 118 of the Indian Succession Act, 1925. If a will creates a charity in Madhya Pradesh and you are the executor, our legal consultation team can advise on the application.
Section 12: notice to the Registrar in proceedings
The heading reads "Notice to Registrar in a proceeding in which a document purporting to create a public trust is produced". The text: "If, in any proceeding before a Civil Court or a Revenue Officer, any document purporting to create a public trust is produced or any question before such Court or officer is likely to effect any entry in the register such Court or officer shall give notice to the Registrar of such proceedings and shall, if the Registrar applies in that behalf, make him a party to such proceedings." The printed word "effect" is read as "affect".
The duty is on the court or the officer. It arises in two cases: a document purporting to create a public trust is produced, or a question is likely to affect an entry in the register. In either case notice goes to the Registrar, and if he applies he is made a party. The section applies to a Civil Court or a Revenue Officer, not to other forums.
The three sections at a glance
| Section | Subject | Who acts | Rule in short |
|---|---|---|---|
| 10 | Property in more than one district | Registrar, then each Collector | Copy of entries to every Collector concerned; particulars entered in the prescribed register |
| 11 | Trust created by will | Executor | Application for registration within one month from probate or six months from the testator's death, as printed |
| 12 | Proceedings before a Civil Court or Revenue Officer | Court or officer | Notice to the Registrar; he is made a party if he applies |
Worked example
An invented testator, Mr Bhagwandas Agrawal of Sagar, leaves land in Sagar and Damoh to a public trust for a gaushala by his will, and names his nephew, Mr Vinay Agrawal, as executor. Probate is granted. Mr Vinay applies to the Registrar in the manner of section 4 within the period in section 11. Once the Registrar enters the trust, he sends a copy of the entries to the Collector of Damoh, who has the particulars entered in the register in Form VII. Later, in a boundary suit in the Damoh Civil Court, the trust's will is produced. The Court gives notice to the Registrar, who applies and is made a party.
Practical points
- An executor of a will that creates a public trust should apply to the Registrar without delay; the periods are short.
- Ask the Registrar's office how the two periods in section 11 apply to your facts.
- If trust property is in more than one district, check that the other Collectors have the entries.
- Keep a certified copy of the will and the probate with the application.
- Courts and revenue officers must notify the Registrar; inform the Registrar yourself if you know of such a proceeding.
Need help with a trust created by will?
An executor has a short time to register and a lot to prepare. We can read the will, prepare the application and set out the steps with the Registrar. Reach us through legal consultation to start.
Key takeaways
- The Registrar sends a copy of the entries to every Collector in whose district trust property lies (section 10(1)).
- Each such Collector has the particulars entered in the prescribed register (Form VII under the Rules).
- The executor of a will creating a public trust applies for registration within one month from probate or six months from the testator's death, as printed (section 11).
- A Civil Court or Revenue Officer must give notice to the Registrar in the cases in section 12.
- The Registrar is made a party if he applies.
Read next
- Section 9 of the Madhya Pradesh Public Trusts Act, 1951: change in registered particulars
- Sections 13 and 14 of the Madhya Pradesh Public Trusts Act, 1951: investment and sanction for sale
- Section 118 of the Indian Succession Act, 1925: bequest to religious or charitable uses
Disclaimer: Based on the English texts of the Madhya Pradesh Public Trusts Act, 1951 and Madhya Pradesh Public Trusts Rules, 1962, as consulted on 3 October 2026; those copies do not state the date of their last amendment. Later amendments, State notifications and current fees should be checked with the State authorities. This article is general information, not legal advice; check the official text before acting.