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Report No. 3

Chapter VII

Suits Relating to Trusts and Trust Property

122. Articles 48A (1st part) and 134 (Ist part), 48B and 134A to 134C come under this head. Articles 48A and 48B were introduced by the amending Act of 1929 when section 10 of the Limitation Act was also amended, so as to provide that property comprised in a Hindu, Muhammedan or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of any such property shall be deemed to be a trustee for the purpose of the Act. At the same time in respect of immovable property Articles 134(A) to (C) were introduced. Article 134 includes trust property as well as mortgage property. This Article may be split up and the portion relating to trust property may be brought under the above head. (See also paragraph 130). The existing period in all the above Articles may be retained but the Articles may be grouped as indicated in the Annexure.

123. The starting point of Limitation for suits covered by Article 134B is the date of death, resignation or removal of the transferor. This has given rise to some difficulties in certain cases. Thus, an Endowment Commissioner may find it necessary to challenge an alienation by one of the previous managers, after decades; or, there may be a gap of more than 12 years between the death, resignation or removal of one manager and the appointment of his successor. In such cases, it would be more equitable to make the date of the plaintiff's appointment as Manager the starting point for limitation. But there may be cases and circumstances where the existing provision may be more favourable to the institution. To provide for both contingencies, the later of the two dates should be taken as the starting point of limitation.



Limitation Act, 1908 Back




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