Section 7 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.
Section 7 of the Charitable and Religious Trusts Act, 1920 lets a trustee of an express or constructive trust for a public purpose of a charitable or religious nature ask the court for its opinion, advice or direction on any question affecting the management or administration of the trust property. A trustee who states the facts in good faith and acts on the answer is treated as having discharged his duty.
This article explains section 7 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.
"Save as hereinafter provided", any trustee of an express or constructive trust for a public purpose of a charitable or religious nature may apply by petition to the Court within whose limits a substantial part of the subject-matter is situate for its opinion, advice or direction on any question affecting the management or administration of the trust property, and the Court shall give it, unless the question is not proper for summary disposal (section 7(1)). The Court may answer at once or fix a hearing (7(2)), must hear all persons appearing (7(3)), and a trustee who states the facts in good faith and acts on the answer is deemed to have discharged his duty (7(4)).
Sub-section (1): the petition
"Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be, thereon".
| Element | The words |
|---|---|
| Who | Any trustee of an express or constructive trust for a public charitable or religious purpose |
| Where | The Court within whose limits a substantial part of the subject-matter is situate |
| What | Opinion, advice or direction on a question affecting management or administration of the trust property |
| Duty of the Court | "shall give" its opinion, advice or direction |
This is the trustee's counterpart of the petition by a person interested in section 3. Where section 3 serves the person who wants information, section 7 serves the trustee who wants guidance. A trustee facing a hard administrative question can ask for a legal consultation before deciding whether to petition.
Proviso. "The Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal." The Court therefore has a discretion to decline, and a question that needs a full trial, such as a contested question of title, may be one it considers unsuitable. The text does not list such questions, and this article adds none.
Sub-section (2): immediate answer or hearing
"The Court on a petition under sub-section (1), may either give its opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed, to be served on such of the persons interested in the trust, or to be published for information in such manner, as it thinks fit."
The Court may answer at once or fix a hearing. If it fixes a hearing it may order service on persons interested or publication, as it thinks fit.
Sub-section (3): hearing before answering
"On any date fixed under sub-section (2) or on any subsequent date to which the hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition." Anyone who appears in connection with the petition must be heard first.
Sub-section (4): protection of the trustee
"A trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made."
Two conditions: the trustee must have stated the facts in good faith, and must have acted on the Court's opinion, advice or direction. The protection covers "his own responsibility" in the matter in respect of which the petition was made. It does not cover other matters, and it depends on the petition having fairly stated the facts.
Limits on the section
The opening words ("Save as hereinafter provided") point to section 9, which says no petition under the foregoing sections is entertained in certain cases, for example while a section 92 suit is pending. Costs of the petition are in section 8, and section 12 bars appeals from an opinion, advice or direction; see sections 10 to 12.
State routes for the same purpose
Some State public trust laws have their own provision for trustees to seek the court's directions. In Rajasthan, the Rajasthan Public Trusts Act, 1959 has its own route in sections 38 to 40; see Sections 38 to 40 of the Rajasthan Public Trusts Act, 1959. That route is for trusts in Rajasthan within that Act; this article does not say it applies elsewhere, and where a State law governs a trust, it must be checked first.
Worked example
An invented trustee, Mr Ramesh Pillai, manages a temple trust that has received a gift of land with a condition that he doubts the trust can meet. He petitions the Court within whose limits the land lies for its advice. He states the facts fully and in good faith. The Court fixes a hearing, serves the persons interested and hears those who appear. It gives its direction, and Mr Pillai acts on it. As far as his own responsibility is concerned, he is deemed to have discharged his duty in that matter. A second question, on who owns a boundary strip, is not proper for summary disposal, and the Court need not answer it.
Practical points
- State every material fact in the petition; the protection depends on a good-faith statement.
- Frame a specific question about management or administration.
- Expect notice to persons interested and a hearing before the answer.
- Act on the direction only once it is given.
- Do not rely on the section to settle a contested title.
Need help with a trustee petition?
A well-framed petition gets a usable direction and protects the trustee. We can frame the question, set out the facts and prepare the papers. Contact us through legal consultation to start.
Key takeaways
- A trustee may petition for the Court's opinion, advice or direction on the management or administration of the trust property (section 7(1)).
- The Court shall give it, unless the question is not proper for summary disposal.
- The Court may answer at once or hear persons interested after notice or publication.
- A trustee who states the facts in good faith and acts on the answer is deemed to have discharged his duty in that matter (section 7(4)).
- Where a State law governs public trusts, check it first.
Read next
- Sections 4 to 6 of the Charitable and Religious Trusts Act, 1920: the petition, procedure and failure to comply
- Sections 8 and 9 of the Charitable and Religious Trusts Act, 1920: costs of petition and savings
- Sections 38 to 40 of the Rajasthan Public Trusts Act, 1959: application to court for directions
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.