Section 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.
Section 10 says that a suit against a person in whom property has become vested in trust for a specific purpose, or against his legal representatives or assigns, is not barred by any length of time. The suit must be one to follow that property or its proceeds, or for an account of them. An assign for valuable consideration is outside the protection.
This article follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked before you rely on it.
Section 10 starts with "Notwithstanding anything contained in the foregoing provisions of this Act". A suit against a person in whom property has become vested in trust for a specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), to follow the property or its proceeds, or for an account, shall not be barred by any length of time. The Explanation treats Hindu, Muslim or Buddhist religious or charitable endowments as property vested in trust.
The words of section 10
Section 10 is headed "Suits against trustees and their representatives". It reads: "Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time."
The section has four elements, and all four have to be present.
| Element | What the text says |
|---|---|
| The defendant | A person in whom property has become vested in trust for any specific purpose, or his legal representatives, or his assigns who are not assigns for valuable consideration |
| The property | Property vested in trust for a specific purpose, or the proceeds of it |
| The purpose of the suit | To follow the property or proceeds in the defendant's hands, or to obtain an account of the property or proceeds |
| The effect | The suit is not barred by any length of time |
"Notwithstanding" the rest of the Act
The opening words matter. The bar in section 3 is "subject to the provisions contained in sections 4 to 24", and the Schedule gives periods for suits. Section 10 stands outside both. Where it applies, you do not look to the Schedule for a period to start or to expire. The text says no length of time bars the suit.
Because that is a strong statement, the limits of the section are as important as the section. It protects a particular kind of suit against a particular kind of defendant. A claim for money by way of damages for a breach of trust is not described in section 10. The Schedule has its own entries for suits relating to trusts and trust property; see our article on Articles 92 to 96 of the Schedule.
If you suspect that trust property has been held back or misapplied, a dispute resolution consultation can help you decide whether your claim is of the kind described in section 10 or belongs under another provision.
Who is a "trustee" for this purpose
Section 2(n) says "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied, or a person in wrongful possession without title. Section 10 does not use the word "trustee" in its operative words, which refer to "a person in whom property has become vested in trust for any specific purpose". The heading uses "trustees". A reader should keep both in mind and read the section on its own words. See sections 1 and 2 for the definition.
Legal representatives and assigns
The protection runs against:
- the person in whom the property vested in trust, and
- his legal representatives, and
- his assigns, but not assigns for valuable consideration.
If the trustee dies, a suit to follow the trust property in the hands of his legal representative is within the section. If the trustee transfers the property to someone who gives no valuable consideration, for instance by gift, that person is an assign who is not "for valuable consideration", and the suit may be brought against him as well. An assign who paid valuable consideration is carved out of the section.
An invented illustration: Mrs Verma holds a plot in trust for a school society for a specific purpose. After her death, the plot is found in the hands of her son, who took it by succession without paying anything. A suit by the society against the son to follow the plot in his hands falls within the words of section 10, subject to the facts matching the section. If instead the plot had been sold by Mrs Verma to a buyer who paid valuable consideration, that buyer is an assign for valuable consideration and falls outside the section. How other statutes treat a buyer for value is not in this Act, so see our post on following trust property into third-party hands under the Indian Trusts Act, 1882.
The Explanation: religious and charitable endowments
The Explanation says that, for the purposes of the section, any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose, and the manager of the property shall be deemed to be the trustee thereof.
Two consequences follow from the words:
- Endowment property is treated as trust property for the section.
- The manager of the endowment property is treated as the trustee.
The Explanation names Hindu, Muslim and Buddhist endowments. It does not mention endowments of any other religion, so this article does not extend it beyond those words.
What kind of suit is covered
The section covers a suit "for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds". So there are two kinds of purpose:
- Following the property or its proceeds into the hands of the defendant.
- Account of the property or proceeds.
A suit with some other aim, such as a claim for damages, is not described by the section. If you are comparing remedies, see our post on the liabilities of trustees for breach of trust and, for the trustee's duty to account, section 19 of the Indian Trusts Act, 1882.
Special laws
Section 29(2) lets a special or local law prescribe its own period. If your dispute involves a trust or endowment that is governed by a special or local law, check that law for its own time limits and for whether it excludes any of sections 4 to 24. Never read a Schedule period into a proceeding under a special law.
Need help with a trust property dispute?
Trust and endowment disputes turn on how the property came into the defendant's hands and what the suit asks for. We can help you read your documents against the Act and plan the next step through legal dispute resolution.
Key takeaways
- Section 10 applies "notwithstanding" the other provisions of the Act: no length of time bars a suit of the kind it describes.
- The suit must be against a person in whom property vested in trust for a specific purpose, or his legal representatives or assigns who are not assigns for valuable consideration.
- The suit must be to follow the property or its proceeds, or for an account of them.
- Hindu, Muslim and Buddhist religious or charitable endowments are deemed property vested in trust, and the manager is deemed the trustee.
- Assigns for valuable consideration are outside the section.
- A special or local law may fix a different period (section 29(2)).
Read next
- Sections 1–2: short title, extent, commencement and definitions
- Section 27: extinguishment of right to property after limitation expires
- Liabilities of trustees for breach of trust
- Following trust property into third-party hands
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.