Sections 52A and 53 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 52A says that no suit against an assignee for valuable consideration of registered trust property, to follow the property or its proceeds, is barred by any length of time. Section 53 requires the executor of a will that leaves a bequest to a public trust, or creates one, to send a copy of the will to the Deputy or Assistant Charity Commissioner.
This article explains sections 52A and 53 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 these sections, but the current text should be checked on the Charity Commissioner's website before relying on them.
Section 52A: "Notwithstanding anything contained in the Indian Limitation Act, 1908", no suit against an assignee for valuable consideration of immovable property of a registered (or deemed registered) public trust, to follow the property, its proceeds or for an account, is barred by any length of time. Section 53: where a will makes a bequest in favour of a public trust, or itself creates one, the executor must forward a copy to the Deputy or Assistant Charity Commissioner, and no probate or letters of administration with the will annexed may be granted unless the Court is satisfied that this was done.
Executors, trustees and buyers who meet either section in practice can take legal consultation before they act.
Section 52A: suit against an assignee
Section 52A was inserted by Bom. 23 of 1955, s. 7, as the footnote prints. The text reads: "Notwithstanding anything contained in the Indian Limitation Act, 1908, no suit against an assignee for valuable consideration of any immovable property of the public trust which has been registered or is deemed to have been registered under this Act for the purpose of following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time."
The Act prints the Indian Limitation Act, 1908. That is an old law; the reader should check the law now in force on limitation, as the section itself does not state a replacement. For general reading on how limitation works in trust suits, see our posts on Articles 92 to 96 of the Schedule to the Limitation Act, 1963 and Section 10 of the Limitation Act, 1963.
The elements of the protection can be listed:
| Element | What the text says |
|---|---|
| Who is sued | "an assignee for valuable consideration", that is, someone who took the property for value |
| Property | "any immovable property of the public trust" |
| Registration | the trust "has been registered or is deemed to have been registered under this Act" |
| Purpose of the suit | "following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds" |
| Effect | "no suit ... shall be barred by any length of time" |
Three points follow from the text. It covers immovable property only, not movable property or cash. It covers an assignee who paid value; the section says nothing here about an assignee who paid nothing. And it covers a trust registered or deemed registered, so the registration position of the trust matters; see Section 22C for how the property of earlier-registered trusts is entered.
A buyer or lender who deals with land that belongs to a public trust should take care. A purchase from a trustee does not remove the trust's right to follow the property. The section itself speaks only of limitation. For a sale or lease by a trustee, a separate section requires the previous sanction of the Charity Commissioner: see section 36.
Section 53: bequests under a will
Sub-section (1): "Where under any will a bequest has been made in favour of a public trust or where such bequest itself creates a public trust, it shall be the duty of the executor under the will to forward copy thereof to the Deputy or Assistant Charity Commissioner for the region or sub-region where such trust may have been, or is required to be, registered." In 1953 the words "such trust" replaced "such will" (Bom. 28 of 1953, s. 11).
Two situations are covered: a bequest to an existing public trust, and a bequest that itself creates a public trust. The duty falls on the executor. The copy goes to the Deputy or Assistant Charity Commissioner of the region or sub-region where the trust is or should be registered. The sub-section prints no period for forwarding the copy; it does not say "within" any time. The registration of a public trust that a will creates, and the executor's duty and time limit under section 29, are explained in Section 29.
Sub-section (2): "No probate of any such will or letters of administration with such will annexed shall be granted by any Court whatsoever unless it is satisfied that a copy of such will has been forwarded to the Deputy or Assistant Charity Commissioner as provided by sub-section (1)." The bar is on "any Court whatsoever". Probate and letters of administration with the will annexed are the two grants named. The effect is a practical checkpoint: an executor who asks for probate should be ready to show that the copy was sent.
For the law of bequests for religious or charitable uses under the Indian Succession Act, 1925, which is a different Act, see Section 118 of that Act.
Illustration. A retired teacher in Satara leaves in his will a bequest to a registered education trust, and names his nephew as executor. Before applying for probate, the nephew sends a copy of the will to the Deputy Charity Commissioner for the region where that trust is registered, and keeps proof of dispatch to show the Court. Had the will created a new public trust, the same copy would go to the officer for the region where it is required to be registered.
Need help with a bequest or a trust property question?
A bequest to a trust touches the will, the executor's duties and the trust's records. Our team can help trustees and executors through legal consultation services.
Key takeaways
- Section 52A: no suit against an assignee for valuable consideration of registered trust land, to follow the property or proceeds or for an account, is barred by any length of time.
- The section prints the Indian Limitation Act, 1908; check the law now in force.
- Section 53: the executor must forward a copy of a will containing a bequest to a public trust, or creating one, to the Deputy or Assistant Charity Commissioner.
- No court may grant probate or letters of administration with the will annexed unless satisfied the copy was forwarded.
- The text prints no period for forwarding the copy.
Read next
- Section 29: a public trust created by will
- Section 22C: particulars of immovable property of trusts registered earlier
- Section 118 of the Indian Succession Act, 1925: bequest to religious or charitable uses
- Articles 92 to 96 of the Limitation Act, 1963: suits relating to trusts
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.