The Charitable and Religious Trusts Act, 1920

Section 4. Contents and verification of petition

In force · As amended up to 2026-08

4. Contents and verification of petition. — (1) The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. (2) The petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints. 1. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and rep. in Orissa by the Orissa Hindu Religious Endowments Act, 1939 (Orissa 4 of 1939). The provisions of this Act, in so far as they are inconsistent with the provisions of the Bengal Wakf Act, 1934 (Ben. 13 of 1934), do not apply to any Wakf property in Bengal: see s. 61 of that Act, This Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1.7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule, to Pondicherry (w.e.f. 1-10-1963): vide Reg. 7 of 1963. s. 3 and the First Schedule and to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965). This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Schedule, This Act shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies. This Act has been amended in its application to Rajasthan by Rajasthan Act 42 of 1959. This Act has ceased to be in Force in its application to the State of Madras by Madras Act 22 of 1959. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule for "except Part B States". 3. Subs. by the A.O. 1937, for "G.G. in C.". 4. Subs., ibid., for "any specified province or area". 5. Ins. by Act 41 of 1923, s. 2. (3) If any person appears at the hearing of the petition and either denies the existence of the trust or denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of the proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. (4) If no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the Court shall itself decide the question. (5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the petition or pass thereon such other order as it thinks fit: Provided that, where a suit has been instituted in accordance with the provisions of sub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. (6) Save as provided in this section, the Court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust.

Source: India Code