Section 30 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 30 protects public trust property by a rule of notice: anyone who acquires immovable property of a registered public trust, or any share or interest in it, is deemed to know the relevant particulars entered in the trust registers or filed in Book 1, and the Explanation says when a person is deemed to have notice.
This article explains section 30 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.
A person who acquires immovable property belonging to a public trust registered under Chapter IV, or any part, share or interest in it, is deemed to have notice of the relevant particulars entered in the registers maintained under section 17 or filed in Book 1 under section 89 of the Indian Registration Act, 1908. A person has notice when he actually knows the particulars, or would have known them but for wilful abstention from a search or inquiry he ought to have made, or gross negligence, or when his agent acquires notice in the course of business.
What section 30 says
| Element | Words of the section |
|---|---|
| Who is affected | "Any person acquiring any immovable property belonging to a public trust which has been registered under this Chapter or any part of or any share or interest in such property of such trust" |
| The rule | "shall be deemed to have notice of the relevant particulars relating to such trust" |
| Where the particulars are | "entered in the registers maintained under section 17 or filed in Book 1 under section 89 of the Indian Registration Act, 1908, in its application to the State of Maharashtra" |
The footnotes show that the words about the registers and Book 1 replaced the older reference to registers under section 28B, by Mah. 20 of 1971, s. 15, and that the words "or scrip" and "and scrips" were deleted by Bom. 39 of 1951, s. 2, First Schedule. The Indian Registration Act, 1908 is named as printed; check the law now in force on registration of documents before relying on that reference. Section 17, which provides for the books and registers, is not set out in this article.
Section 30A is not set out in this article; please read it in the current official text. Buyers and lenders who want the register checked for them can use legal due diligence support.
"Deemed to have notice"
"Deemed" means the law treats the buyer as knowing the particulars, whether or not he looked. The rule works against a person who acquires trust property and later says he did not know it belonged to a public trust, or did not know the details recorded about it. What counts is what is in the register or Book 1, not what the seller told him.
The Explanation: when a person has notice
The Explanation was added by Bom. 23 of 1955, s. 5(2). It says that for this section, a person is deemed to have notice of any particulars in the registers:
- (1) when he actually knows the said particulars or when, but for wilful abstention from any inquiry or search which he ought to have made, or gross negligence, he would have known them; or
- (2) if his agent acquires notice thereof whilst acting on his behalf in the course of business to which the fact of such particulars is material.
So there are three routes to notice: actual knowledge; knowledge he would have had but for wilful abstention or gross negligence; and knowledge of an agent acting for him in the relevant business. The section does not require the buyer to have seen the register; it asks what he knew or would have known by a search or inquiry he ought to have made.
A due-diligence table built from the section
| Check | Why the section makes it important |
|---|---|
| Is the seller a public trust registered under Chapter IV? | The rule applies to property "belonging to a public trust which has been registered under this Chapter". |
| What do the registers under section 17 say about this property? | The buyer is deemed to have notice of the relevant particulars entered there. |
| Is anything filed in Book 1 for the property? | Notice extends to particulars filed there. See Section 22C. |
| Is the trust's name specified against the entries? | See Section 22B. |
| Who is acting for the buyer, and what do they know? | An agent's notice in the course of business is the buyer's notice. |
| Is any sanction needed for the transaction? | Sale, exchange, gift and long leases of immovable property of a public trust need the previous sanction of the Charity Commissioner: see section 36, which is not set out in this article. |
Illustration. A developer in Thane agrees to buy a plot from a charitable society. The society's papers describe the plot as freehold. A search of the register would have shown that the plot is entered as the property of a registered public trust. The developer's lawyer skipped the search. Under the Explanation, the developer cannot rely on ignorance if the particulars would have been known but for wilful abstention from a search he ought to have made, or gross negligence. The better course is to make the search before paying, and to ask the seller for evidence of sanction where one is needed.
What section 30 does not say
- It does not say that a transaction in breach of the Act is void. That is dealt with elsewhere, for example in the provision on alienation (section 36, not set out here).
- It does not prescribe a form of search or a fee.
- It does not apply to property of a trust that is not registered under Chapter IV. For the position of unregistered trusts in suits, see Section 31.
For how a trust is determined to be a public trust, see Sections 78 and 79.
Need help with a purchase or loan against trust property?
If you are buying, leasing, funding or advising on property that may belong to a public trust in Maharashtra, we can check the registers, Book 1 and the trust's papers before you commit. Ask for legal due diligence.
Key takeaways
- A person acquiring immovable property of a registered public trust, or a part, share or interest in it, is deemed to have notice of the relevant particulars in the registers under section 17 or filed in Book 1.
- Notice means actual knowledge, knowledge lost through wilful abstention from a search or gross negligence, or an agent's knowledge in the course of business.
- The Explanation was added by Bom. 23 of 1955.
- A buyer should search the register and Book 1 before closing.
- Previous sanction for sale, exchange, gift and long leases is a separate matter: see section 36.
Read next
- Section 22B: registering trust property in the name of the public trust
- Section 22C: particulars of immovable property of trusts registered earlier
- Sections 78 and 79: deciding whether a trust exists and is a public trust
- How to register a trust deed with the sub-registrar
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.