46. Appointment of Charity Commissioner as trustee under will.
- Where the Charity Commissioner by that name or any other sufficient description has been appointed a trustee T)f any public trust under any will, the executor of the will of the testator of the administrator of his estate shall [within a period of three months from the date of] [These words were substituted for the words 'after' by Bombay 14 of 1951, Section 12(i).] obtaining probate or letters of administration, notify in the prescribed manner, the contents of such will to the Charity Commissioner and if the Charity Commissioner consents to accept the trust then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the trust to the Charity Commissioner, such property shall vest in the Charity Commissioner and shall be held by him upon the trust expressed in the will.Provided that the consent of the Charity Commissioner shall be recited in the instrument and that such instrument shall be executed by the Charity Commissioner or any officer duly authorised by him in that behalf:[Provided further that where, under any law, for the time being in force, no probate or letters of administration are necessary for the administration of estate of the testator, the executor or administrator, as the case may be, shall notify the contents of the will within the period of three months from the time when the contents of the will become known to him.] [Proviso added by Bombay 14 of 1951, Section 12(ii).]
