Section 29 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.
This article explains the Maharashtra Public Trusts Act, 1950 as it applies in the State of Maharashtra, formerly the Bombay Public Trusts Act, 1950. Section 29 puts the duty of registering a public trust created by a will on the executor of the will: he must apply for registration within one month from the grant of probate or within six months from the testator's death, whichever is earlier, and the Deputy or Assistant Charity Commissioner may extend the time for sufficient cause.
This article explains section 29 as amended up to Maharashtra Act No. XXXVI of 2018 (in force 21 May 2018), per the official text of the Law and Judiciary Department modified up to 19 December 2018. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the amending texts consulted do not change this section, but the current text should be checked on the Charity Commissioner's website before relying on it.
The executor of a will that creates a public trust must make an application for registration "in the manner provided in section 18" within one month from the date probate is granted or within six months from the testator's death, whichever is earlier. The provisions of Chapter IV apply to the registration mutatis mutandis. The Deputy or Assistant Charity Commissioner concerned may extend the period for sufficient cause.
The text, phrase by phrase
| Phrase | What it means |
|---|---|
| "In the case of the public trust which is created by a will" | The section applies to a public trust created by the will itself, not to a trust created by a deed during the settlor's life. |
| "the executor of such will" | The duty falls on the executor. The section does not name the trustees; the executor may or may not also be a trustee. |
| "shall within one month from the date on which the probate of the will is granted" | The first limit: one month from the grant of probate. |
| "or within six months from the date the testator's death" | The second limit: six months from death. |
| "whichever is earlier" | The shorter of the two limits governs. |
| "make an application for the registration in the manner provided in section 18" | The application follows section 18, which is not set out in this article. |
| "the provisions of this Chapter shall mutatis mutandis apply" | Chapter IV (sections 14 to 31) applies to such a trust with the necessary changes. |
The words "whichever is earlier" were inserted by Bom. 14 of 1951, s. 9(i), as the footnote prints. The footnote to the proviso prints "Mah. 14 of 1951, s. 9(ii)", while the earlier footnote and the list of amending Acts show "Bom. 14 of 1951"; the same Act of 1951 appears to be meant. An executor who is unsure how the clocks apply, or whether a will creates a public trust at all, can take legal consultation before the dates run out.
How the two limits work together
The section sets two clocks. One starts on the grant of probate; the other on death. The executor must act within the earlier of the two. Take two relative examples, without calendar dates:
- If probate is granted quickly, one month from the grant may end before six months from death. The one-month limit governs.
- If probate is granted late, six months from death may end before one month from the grant. The six-month limit governs, and the executor may already be out of time on the day probate is granted.
The text does not say what the executor does when no probate is applied for or granted. It speaks only of "the date on which the probate of the will is granted". An executor in that position should take advice at once, because the six-month limit from death still appears in the section.
The proviso: extension for sufficient cause
The proviso says that the period prescribed for making an application "may, for sufficient cause, be extended by the Deputy or Assistant Charity Commissioner concerned". Three points follow:
- The power is the officer's, not the court's. The extension is by the Deputy or Assistant Charity Commissioner concerned (see Sections 14 to 16 for the officers in charge of offices).
- "Sufficient cause" is not defined in the section. The executor should state the cause in writing, with documents.
- The power is discretionary. The proviso says "may".
The section prints no penalty for delay and no separate consequence. For the consequence of an unregistered public trust in a suit, see Section 31.
How section 29 fits with succession law
A will that creates a public charitable or religious trust also engages the law of bequests. For the Indian Succession Act's provision on bequests to religious or charitable uses, see Section 118 of the Indian Succession Act, 1925. For the Maharashtra Act's own provision on bequests in favour of public trusts, see Sections 52A and 53. Section 29 deals only with the registration duty.
Illustration. A Mumbai businessman leaves, by will, a building to be held for a charitable dispensary, and names his nephew as executor. After his death the nephew applies for probate. Once probate is granted, the nephew checks both clocks: one month from the grant, and six months from the death. He works out which ends first, files the application for registration in the manner provided in section 18, and, if he realises he will miss the date, writes to the Deputy or Assistant Charity Commissioner for an extension for sufficient cause before the date passes, enclosing the probate order and the reasons.
Practical checklist for an executor
- Read the will to see whether it creates a public trust, and for what purposes.
- Note the date of death and the date probate is granted.
- Work out the earlier limit and diarise it.
- Prepare the application in the manner provided in section 18 and send it to the registration office that serves the trust.
- If the date cannot be met, apply for an extension with reasons, before the period ends.
- After registration, the trustees take over the compliances of the Act.
Need help registering a trust created by a will?
If you are an executor of a will that creates a public trust in Maharashtra, our team can read the will, work out the dates, and prepare the application and any request for extension. Speak to us through legal consultation.
Key takeaways
- The executor of a will creating a public trust must apply for registration in the manner provided in section 18.
- The time limit is one month from the grant of probate or six months from the testator's death, whichever is earlier.
- "Whichever is earlier" was inserted by Bom. 14 of 1951, s. 9(i).
- The Deputy or Assistant Charity Commissioner concerned may extend the period for sufficient cause.
- Chapter IV applies to such a trust mutatis mutandis.
- The section prints no penalty for delay.
Read next
- Sections 52A and 53: no time bar against an assignee, and bequests to public trusts
- Section 30: notice of registered particulars of trust property
- Section 118 of the Indian Succession Act, 1925: bequest to religious or charitable uses
- Public trust registration in Maharashtra under the BPT Act
Disclaimer: Based on the Maharashtra Public Trusts Act, 1950 as modified up to 19 December 2018 in the official text of the Law and Judiciary Department, Government of Maharashtra, as consulted on 3 October 2026. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the current text, the Maharashtra Public Trusts Rules and the Charity Commissioner's circulars should be checked. This article is general information, not legal advice; check the official text before acting.