Sections 5-8 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 answer four practical questions about a registered society: in whom its property is vested, in whose name it sues or is sued, what happens to a case when the named office-bearer changes, and against what a judgment can be enforced. The short answer to the last one is that it is the society's property, not the personal property of the person named in the case.
This article follows the copy of the central Act consulted (last updated 30 July 2019). The Act is applied State by State, and many States have amended it or replaced it with their own Act, so the State law must be checked. If a claim has already reached your society, our legal dispute resolution service can look at the papers.
Property of a registered society that is not vested in trustees is "deemed to be vested, for the time being, in the governing body" (section 5). The society sues and is sued in the name fixed by its rules, or failing that in the name of a person the governing body appoints (section 6). A suit does not abate when that person dies or ceases to hold office (section 7). A judgment is enforced against the property of the society, not against the named officer personally (section 8).
Section 5: how the property is vested
Section 5 says: "The property, movable and immovable, belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title."
Points to take from the words:
- It covers movable and immovable property.
- The default rule applies only if the property is not vested in trustees. If a deed or the rules place property in trustees, section 5 does not override that.
- Otherwise the property is deemed vested in the governing body "for the time being", which means whoever constitutes the governing body at the relevant time. Section 16 defines the governing body as the governors, council, directors, committee, trustees or other body to whom the rules entrust management; see our article on sections 15 and 16.
- In proceedings, civil and criminal, the property may be described as the property of the governing body "by their proper title". A complaint about theft from a society's office can therefore name the governing body by its title rather than listing each member.
Where a society's property is "vested in trustees", the law of trusts is also relevant. The Act does not itself explain how trustees are appointed. For background on trusts, our posts on section 5 of the Indian Trusts Act, 1882 and section 6 of the Indian Trusts Act, 1882 deal with a different statute and are not sections of this Act. For a topic guide on this one, see property of a society: vesting and management.
The central text has no restriction on transfer of a society's immovable property. Some State texts add one, so a society that plans to sell, mortgage or lease land should read its State law. See our Uttar Pradesh article for a State where the text differs.
Section 6: suits by and against societies
Every registered society "may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion".
So there is an order of preference.
| Step | Who is named |
|---|---|
| 1 | The president, chairman, principal secretary or trustees, as the rules and regulations determine |
| 2 | If the rules do not determine it, the person the governing body appoints for the occasion |
The proviso protects the other side: it is competent for any person having a claim or demand against the society "to sue the president or chairman, or principal, secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant". The text of the proviso has this odd comma in "principal, secretary", which is as printed.
For a society, the practical lesson is to settle in the rules who is to sue and be sued, and to answer promptly when a claimant asks the governing body to name a defendant. A claimant who gets no nomination may sue the president, chairman, principal secretary or trustees. Our guide to suits by and against a society covers the same ground in a topic format.
Section 7: suits do not abate
Section 7 provides that no suit or proceeding in any civil Court "shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued". The suit "shall be continued in the name of or against the successor of such person".
Example: the "Hillview Education Society" is sued in the name of its secretary, Rohan Mehta. Midway, Rohan's term ends and Sunita Iyer is elected secretary. The suit is not discontinued; it continues against Sunita as successor. The same applies if the named person dies. The section speaks of civil proceedings; it says nothing about criminal ones.
Section 8: enforcement of judgment
Section 8 says that if a judgment is recovered against the person or officer named on behalf of the society, "such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society."
Two protections follow: the officer's own property is not liable, and the officer's person is not liable to arrest on the judgment. The second paragraph deals with the application for execution, which "shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society."
This protection holds where the person was sued on behalf of the society only. The text does not say what happens if an officer is also sued in a personal capacity, and it does not deal with an officer's own wrongdoing; those matters are outside what the section prints. For disputes within a society, see dispute resolution in societies.
Where this sits with sections 9 to 11
Sections 9 to 11 deal with bye-law penalties and with members who are sued or prosecuted as if they were strangers; they are covered in our article on sections 9-11.
Need help with a dispute involving a society?
If your society has received a notice or is preparing a claim, or you need advice on how its property is held, our dispute resolution team can review the papers. We read the rules, the deed and the notice together before suggesting a course.
Key takeaways
- Property not vested in trustees is deemed vested in the governing body for the time being.
- The rules should name who sues and is sued; if they do not, the governing body appoints someone for the occasion.
- A claimant can sue the president, chairman, principal secretary or trustees if the governing body nominates no one.
- A suit continues against the successor; it does not abate.
- A judgment is enforced against the society's property, not the officer's property or person.
Read next
- Property of a society: vesting and management
- Suits by and against a society
- Sections 9-11: bye-law penalty and members sued or punished as strangers
- Sections 1-3: formation, memorandum and registration
Disclaimer: Based on a copy of the Societies Registration Act, 1860 last updated 30 July 2019 and on copies of the Haryana (2012), Karnataka (1960), Rajasthan (1958), Tamil Nadu (1975), Uttar Pradesh and West Bengal (1961) societies laws, each amended only up to the date its copy shows, as consulted on 2 October 2026. Societies law differs from State to State; later amendments, State rules and current fees should be checked. This article is general information, not legal advice; check the official text before acting.