Sections 25 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 25 to 28 of the Rajasthan Public Trusts Act, 1959 make sure the Assistant Commissioners in Rajasthan hear about a public trust from every direction. They cover trust property spread over several areas, court decisions on a trust, the executor's duty to register a public trust created by will, and notice from courts and Revenue Officers.
This article explains sections 25 to 28 of the Rajasthan Public Trusts Act, 1959 (Rajasthan Act 42 of 1959) as amended up to the date of the English text published by the Devasthan Department, Government of Rajasthan, consulted on 3 October 2026; that copy does not state the date of its last amendment. Check the current text with the State's Devasthan Department before relying on it.
Where trust property lies in more than one Assistant Commissioner's area, the registering officer forwards a copy of the entries to each of the others (section 25). A court deciding a question about a public trust sends a copy of its decision and the register is made or amended to match (section 26). For a public trust created by will, the executor applies for registration within one month of the grant of probate or six months of the testator's death, whichever is earlier (section 27). A civil court or Revenue Officer must notify the Assistant Commissioner in certain cases (section 28). These are Chapter V provisions, which apply only to classes notified under section 1(4).
The notification point
Sections 25 to 28 belong to Chapter V, which applies only to the class or classes of public trusts the State Government notifies under section 1(4); the notifications are not part of the text consulted. A family planning a public trust by will, or a trust with land in several areas, can discuss how these sections apply in a legal consultation.
Section 25: trust property in more than one area
Sub-section (1). Where any part of the property of a public trust lies within the local limits of more than one Assistant Commissioner, the Assistant Commissioner in charge of registration of that trust shall forward a copy of the entries or amended entries recorded in the register to each Assistant Commissioner within whose jurisdiction any part of the trust property lies.
Sub-section (2). On receipt of a copy, the Assistant Commissioner causes the particulars to be entered in a book prescribed for the purpose.
The registering officer is the one in charge under section 16. The prescribed book is dealt with by the Rules; see our article on rules 22 to 24 of the Rajasthan Public Trust Rules, 1962, which covers the book of entries under section 25.
Section 26: court decisions
Any court of competent jurisdiction deciding a question relating to a public trust, which by or under the Act is not expressly or impliedly barred from deciding, shall cause a copy of the decision to be sent to the Assistant Commissioner having jurisdiction. The Assistant Commissioner shall then cause an entry in the register to be made or amended in accordance with that decision.
The amendments so made shall not be altered except where the decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the amendments are final and conclusive. This section is different from the civil suit against an entry in section 22: section 26 is about carrying a court's decision into the register.
Section 27: public trust by will
The text reads: in the case of a public trust created by a will, the executor "shall, within one month from the date on which the probate of the will is granted or within sic months from the date of the testator's death, whichever is earlier, made an application for the registration of the trust in the manner provided in section 17". The copy prints "sic" where the sense requires "six"; the published copy has a typing slip there. The Chapter's provisions then apply to the registration.
| Event | Time for the executor's application |
|---|---|
| Grant of probate | One month from the date probate is granted |
| Death of the testator | Six months from the date of death |
| Which governs | Whichever of the two is earlier |
The application follows the manner in section 17. No calendar date is computed here; the dates of the grant and the death must be taken from the documents. For the rules on bequests to religious or charitable uses under the Indian Succession Act, 1925, see our article on section 118 of the Indian Succession Act, 1925. That Act is a separate Central Act and is not explained here.
Section 28: notice in proceedings
If in any proceeding before a civil court or a Revenue Officer:
- any document purporting to create a public trust is produced; or
- the decision of any question before the court or officer is likely to affect any entry in the register,
the court or officer shall give notice of the proceeding to the Assistant Commissioner having jurisdiction and shall, if the Assistant Commissioner applies in that behalf, make him a party.
The duty is on the court or officer, not on the parties. The Assistant Commissioner's right is to apply to be made a party; the text does not say he must be.
How the four sections fit together
| Section | Information flows from | To | Result |
|---|---|---|---|
| 25 | Registering Assistant Commissioner | Other Assistant Commissioners with trust property | Particulars entered in a prescribed book |
| 26 | Court | Assistant Commissioner | Register made or amended |
| 27 | Executor of a will | Assistant Commissioner | Registration under Chapter V |
| 28 | Civil court or Revenue Officer | Assistant Commissioner | Notice; may be made a party on application |
Worked example
An invented testator, Mr Gopal Lal Maheshwari of Kota, leaves land in two districts for a temple and a pathshala in his will. His executor, Ms Sunita Maheshwari, must apply for registration of the trust within the earlier of one month from the grant of probate or six months from his death, if Chapter V has been applied to the class of trust by notification. The Assistant Commissioner for the area of the principal office registers the trust and, under section 25, sends the entries to the Assistant Commissioner of the other district. If a relative later disputes the land in a civil court and the will's trust document is produced, section 28 requires the court to notify the Assistant Commissioner.
Practical points
- The executor, not the beneficiary, has the duty in section 27.
- Keep probate and death-certificate dates in the file; both feed the time limit.
- When a civil court or Revenue Officer is dealing with trust property, ask whether notice has gone to the Assistant Commissioner.
- After any court decision on a registered trust, check that the register has been amended under section 26.
Need help with a trust created by will?
Planning or administering a public trust through a will involves the executor, the court and the Assistant Commissioner, each with its own clock. Our team can map the steps and prepare the application for registration. Start with a legal consultation about the will or the trust.
Key takeaways
- Section 25 requires copies of entries to be sent to other Assistant Commissioners where trust property lies in their areas.
- Section 26 requires a court to send a copy of its decision on a public trust so the register can be made or amended.
- Section 27 puts a duty on the executor of a will creating a public trust to apply for registration within the earlier of one month from probate or six months from the testator's death.
- Section 28 requires a civil court or Revenue Officer to notify the Assistant Commissioner in the cases it names.
- All four sections are in Chapter V and apply only where notified.
Read next
- Sections 20 to 22 of the Rajasthan Public Trusts Act, 1959: appeal, entries and civil suit
- Rules 22 to 24 of the Rajasthan Public Trust Rules, 1962: book of entries
- Section 118 of the Indian Succession Act, 1925: bequest to religious or charitable uses
Disclaimer: Based on the English text of the Rajasthan Public Trusts Act, 1959 published by the Devasthan Department, Government of Rajasthan, as consulted on 3 October 2026; that copy does not state the date of its 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.