Procedure on 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 4 to 6 of the Charitable and Religious Trusts Act, 1920 say what a petition under section 3 must contain and how it is verified, how the court hears it, what happens when someone denies that a trust exists or that the Act applies, and what follows if a trustee ignores the court's order.
This article explains sections 4 to 6 of the Charitable and Religious Trusts Act, 1920 as amended up to the Jammu and Kashmir Reorganisation Act, 2019, which omitted the Jammu and Kashmir exception in section 1(2) from 31 October 2019. Later amendments, State notifications under section 1 and the State law on public trusts should be checked before relying on it.
Where a State law governs public trusts (for example the Maharashtra Public Trusts Act, 1950, the Rajasthan Public Trusts Act, 1959 or the Madhya Pradesh Public Trusts Act, 1951), that State law must be checked first.
The petition must show in what way the petitioner is interested, specify the particulars and audit sought, and be in writing, signed and verified as a plaint (section 4). The Court inquires, fixes a hearing, serves the trustee and others, and hears them (section 5(1) and (2)). If someone denies the trust or that the Act applies and undertakes to sue for a declaration within three months, the Court stays the proceedings (section 5(3)). The Court does not try title between the petitioner and an adverse claimant (section 5(6)). A trustee who fails to comply without reasonable excuse is deemed to commit a breach of trust (section 6).
Section 4: contents and verification
Sub-section (1). "The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain."
Sub-section (2). "The petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints."
The petition made under section 3 therefore has four requirements: it shows how the petitioner is interested; it specifies the particulars and the audit sought; it is in writing; and it is signed and verified like a plaint. The Code of Civil Procedure, 1908 is an old law named in the text; it is quoted as printed, and the Code as now in force should be checked. If you are preparing the petition, our legal dispute resolution team can help draft it.
Section 5: procedure on the petition
Sub-section (1): hearing date and notice. On receiving a petition, the Court takes "such evidence" and makes "such inquiry, if any, as it may consider necessary". If it is of opinion that the trust is one to which the Act applies and that the petitioner has an interest, it "shall fix a date for the hearing of the petition" and cause a copy with notice of the date to be served on the trustee and on any other person to whom, in its opinion, notice should be given.
Sub-section (2): the hearing. On the date fixed, or a later date, the Court hears the petitioner, the trustee if he appears, and any other person who has appeared or whom it considers ought to be heard, and makes further inquiries it thinks fit. The trustee may, and if the Court requires shall, present a written statement of his case at the first hearing or within the time the Court permits; the statement is signed and verified in the manner prescribed by the Code for pleadings.
Sub-section (3): denial of the trust. If a person appears at the hearing and "either denies the existence of the trust or denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of the proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided."
Sub-section (4): if there is no suit. "If no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the Court shall itself decide the question."
Sub-section (5): the order. "On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the petition or pass thereon such other order as it thinks fit." The proviso: where a suit has been instituted under sub-section (3), the Court's order must not conflict with the final decision in that suit.
Sub-section (6): no trial of title. "Save as provided in this section, the Court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust."
| Stage | What the Court does |
|---|---|
| Receipt | Takes evidence and inquires as it considers necessary; decides whether the Act applies and the petitioner has an interest |
| Notice | Fixes a hearing date and serves the trustee and others |
| Hearing | Hears the petitioner, the trustee and others; trustee may file a written statement |
| Denial | Stays the proceedings if the denier undertakes to sue for a declaration within three months |
| Decision | Dismisses the petition or passes such other order as it thinks fit |
Two features matter. The stay under sub-section (3) is mandatory ("shall order") once the undertaking is given, and it lasts until the suit is finally decided. And sub-section (6) keeps the Court out of title disputes except as the section allows, so a petition under this Act is not a way to settle ownership of the trust property against an adverse claimant.
Section 6: failure to comply
"If a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908); and any such suit may, so far as it is based on such failure, be instituted without the previous consent of the Advocate General."
The consequences, as printed: failure without reasonable excuse to comply with the Court's order is deemed a breach of trust; it gives ground for a suit under section 92 of the Code of Civil Procedure, 1908; such a suit, so far as based on the failure, can be instituted without the previous consent of the Advocate General; and the trustee's other penalties or liabilities remain. The section does not itself impose a fine. The Code of Civil Procedure, 1908 and the Advocate General are old names in the text and are quoted as printed; check what applies now.
The three sections at a glance
| Section | Subject | Rule in short |
|---|---|---|
| 4 | Petition | Shows interest, specifies particulars and audit, in writing, signed and verified as a plaint |
| 5 | Procedure | Notice and hearing; stay of three months for a declaratory suit; no trial of title; dismissal or other order |
| 6 | Non-compliance | Deemed breach of trust; suit without prior consent of the Advocate General |
Worked example
A petition is filed for particulars and audit of an invented trust, the Shri Chandi Seva Samiti. The Court is satisfied the Act applies and the petitioner, Ms Lata Menon, has an interest, so it fixes a hearing and serves the trustee, Mr Pradeep Naik. At the hearing a neighbour says there is no such trust and undertakes to sue within three months for a declaration; the Court stays the proceedings. The suit is not filed in three months, so the Court decides the question itself, and later orders the trustee to furnish particulars. Mr Naik does not comply and has no reasonable excuse; he is deemed to have committed a breach of trust, and a suit under section 92 may be filed on that ground without the Advocate General's previous consent.
Practical points
- State clearly in the petition how you are interested and what particulars and audit you seek.
- Sign and verify the petition as a plaint.
- As trustee, file a written statement signed and verified in the manner for pleadings.
- If you deny the trust, you must undertake to sue within three months to obtain a stay.
- Comply with the Court's order, or have a reasonable excuse.
Need help in a petition proceeding?
Sections 4 to 6 turn on pleading, timing and the stay procedure. We can draft the petition or the trustee's written statement and advise on the stay. Reach us through legal dispute resolution to start.
Key takeaways
- The petition shows the petitioner's interest, specifies the particulars and audit sought, and is signed and verified as a plaint (section 4).
- The Court fixes a hearing, serves the trustee and hears all those entitled (section 5).
- A denial of the trust with an undertaking to sue within three months leads to a stay until the suit is decided.
- The Court does not try title between the petitioner and an adverse claimant (section 5(6)).
- Failure to comply without reasonable excuse is deemed a breach of trust (section 6).
Read next
- Section 3 of the Charitable and Religious Trusts Act, 1920: petition for information and audit of a trust
- Section 7 of the Charitable and Religious Trusts Act, 1920: a trustee applying to court for opinion and directions
- Sections 10 to 12 of the Charitable and Religious Trusts Act, 1920: security for costs, CPC and no appeal
Disclaimer: Based on the Charitable Endowments Act, 1890 and the Charitable and Religious Trusts Act, 1920 as amended up to the Jammu and Kashmir Reorganisation Act, 2019, as consulted on 3 October 2026. State laws on public trusts and religious endowments, State notifications under the 1920 Act and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.