Sections 5 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 5 to 8 of the Madhya Pradesh Public Trusts Act, 1951 describe what happens after an application for registration reaches the Registrar in Madhya Pradesh. The Registrar inquires into eight matters after public notice, records findings with reasons, makes entries in the register, and a person aggrieved by a finding may file a civil suit within six months.
This article explains sections 5 to 8 of the Madhya Pradesh Public Trusts Act, 1951 (M.P. Act No. 30 of 1951) as amended up to the date of the English text consulted on 3 October 2026 (published without amendment footnotes; bracketed words show that the State has amended it). Check the current text with the State's Devasthan Department or Registrar of Public Trusts before relying on it.
On an application under section 4, an application by a person having interest, or on his own motion, the Registrar inquires into eight matters and gives public notice inviting objections (section 5). He records findings with reasons (section 6) and makes entries in the register, publishing them on his notice board; the entries are final and conclusive, subject to the Act (section 7). A working trustee or person having interest may file a civil suit within six months from the date of publication to have a finding set aside or modified (section 8).
Section 5: the inquiry
Sub-section (1). "On receipt of an application under Section 4 or upon an application made by any person having interest in a public trust or on his own motion the Registrar shall make an inquiry in the prescribed manner for the purpose of ascertaining" eight matters:
| Clause | Matter |
|---|---|
| (i) | Whether the trust is a public trust |
| (ii) | Whether any property is the property of such trust |
| (iii) | Whether the whole or any substantial portion of the subject-matter of the trust is situated within his jurisdiction |
| (iv) | The names and addresses of the trustees and the manager |
| (v) | The mode of succession to the office of the trustee |
| (vi) | The origin, nature and object of the trust |
| (vii) | The amount of gross average annual income and the expenditure |
| (viii) | The correctness or otherwise of any other particulars furnished under section 4(3) |
The inquiry can therefore begin in three ways: on the working trustee's application, on the application of any person having interest, or by the Registrar himself.
Sub-section (2). "The Registrar shall give in the prescribed manner public notice of the enquiry proposed to be made under sub-section (1) and invite all persons interested in the public trust under inquiry to prefer objections, if any, in respect of such trust." The Act itself prints no period for objections. The Rules fix the manner of notice and the period, explained in rules 1 to 5. Registration under section 4 leads to this inquiry. If your trust has received a notice of inquiry, our legal dispute resolution team can advise on objections and evidence.
Section 6: findings
"On completion of the inquiry provided for under Section 5, the Registrar shall record his findings with reasons therefor as to the matters mentioned in the said section." The findings must therefore cover the eight matters and must give reasons. The findings are the foundation for the entries and for any suit.
Section 7: entries in the register
Sub-section (1). "The Registrar shall cause entries to be made in the register in accordance with the findings recorded by him under Section 6 and shall publish on the notice board of his office the entries made in the register."
Sub-section (2). "The entries so made shall, subject to the provisions of this Act and subject to any change recorded under any provision of this Act or a rule made thereunder, be final and conclusive."
Two points follow. First, the entry follows the finding and is published on the Registrar's notice board; the date of this publication starts the six months in section 8. Second, the finality is limited: it is "subject to" the other provisions of the Act (for example section 8, on a civil suit) and to later changes recorded under section 9.
Section 8: civil suit against a finding
Sub-section (1). "Any working trustee or person having interest in a public trust or any property found to be trust property, aggrieved by any finding of the Registrar under Section 6 may, within six months from the date of the publication of the notice under sub-section (1) of Section 7, institute a suit in a Civil Court to have such finding set aside or modified."
Sub-section (2). In every such suit the Civil Court gives notice to the State Government through the Registrar, and the State Government, if it so desires, is made a party.
Sub-section (3). On the final decision of the suit, the Registrar corrects the entries in the register, if necessary, in accordance with it.
The suit is brought in the "Civil Court", which section 2(1) defines as the principal Civil Court of original jurisdiction in the district. The section names three categories of persons who may sue: a working trustee, a person having interest in a public trust, and a person having interest in any property found to be trust property. The Act prints no appeal from the Registrar's finding to a higher officer in these sections; the route is the suit. This article does not compute any date from the six months.
The four sections at a glance
| Section | Subject | Rule in short |
|---|---|---|
| 5 | Inquiry | Eight matters; public notice; objections invited |
| 6 | Findings | Recorded with reasons |
| 7 | Entries | Made in the register, published on the notice board, final and conclusive subject to the Act |
| 8 | Civil suit | Within six months from publication; State Government gets notice; entries corrected after the decision |
Worked example
An invented trust, Shri Ujjain Mahakal Seva Samiti, has applied for registration. The Registrar publishes the notice of inquiry. A neighbour, Mr Prakash Jain, objects that part of the land is his. The Registrar inquires into the eight matters, records his finding that the land belongs to the trust, and has the entry made and published on his notice board. Mr Jain, a person having interest in property found to be trust property, files a suit in the Civil Court within six months from that publication. The Court gives notice to the State Government through the Registrar. After the final decision, the Registrar corrects the entry if the decision requires it.
Practical points
- Read the public notice carefully and file objections within the period the Rules give.
- Support objections with documents and evidence at the inquiry, because the finding follows the inquiry.
- Check the Registrar's notice board for the publication of the entries; it starts the six-month period.
- If you are aggrieved by a finding, take advice on a civil suit before the six months run out.
- After a suit, ask the Registrar to correct the register in accordance with the decision.
Need help in a registration inquiry or suit?
The inquiry decides what the register says about your trust, and the register is conclusive unless it is challenged in time. We can prepare objections, review the Registrar's findings and advise on a civil suit. Reach us through legal dispute resolution to begin.
Key takeaways
- The Registrar inquires into eight matters after public notice, on an application or on his own motion (section 5).
- Findings must be recorded with reasons (section 6).
- Entries are made and published on the notice board and are final and conclusive, subject to the Act (section 7).
- A civil suit lies within six months from publication to have a finding set aside or modified (section 8).
- The State Government gets notice of the suit through the Registrar and may be made a party.
Read next
- Section 4 of the Madhya Pradesh Public Trusts Act, 1951: registration of public trusts
- Section 9 of the Madhya Pradesh Public Trusts Act, 1951: change in registered particulars
- Rules 1 to 5 of the Madhya Pradesh Public Trusts Rules, 1962: register and application for registration
Disclaimer: Based on the English texts of the Madhya Pradesh Public Trusts Act, 1951 and Madhya Pradesh Public Trusts Rules, 1962, as consulted on 3 October 2026; those copies do not state the date of their 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.