Indian Trusts Act, 1882 · Chapter IV: Of the Rights and Powers of Trustees
Section 34: Right to apply to Court for opinion in management of trust -property
Any trustee may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction for its opinion, advice or direction on any present questions respecting the management or administration of the trust-property other than questions of detail, difficulty or importance, not proper in the opinion of the Court for summary disposal.
A copy of such petition shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit.
The trustee stating in good faith the facts in such petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee in the subject-matter of the application.
The costs of every application under this section shall be in the discretion of the Court to which it is made.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 34
- Vidya Drolia and Others v. Durga Trading Corporation
- Vidya Drolia & Ors. v. Durga Trading Corporation
- Ash Ok Kumar Kapur and Ors v. Ashok Khanna and Ors
- Joint Commissioner, Hindu Religious and Charitable Endowments, Administration Department v. Jayaraman and Ors.
- Trustees of H.E.H. the Nizam' S Pilgrimage Money Trust, Hyderabad v. Commissioner of Income Tax, Andhrapradesh, Hyderabad
- Commissioner_ of Income Tax, Kanpur v. Kamla Town Trust
- Official Trustee, West Bengal & Ors. v. Sachindra Nath Chatterjee & Anr.