{"id":2957,"date":"2017-12-07T08:26:32","date_gmt":"2017-12-07T02:56:32","guid":{"rendered":"http:\/\/www.infipark.com\/articles\/?p=2957"},"modified":"2017-12-07T11:59:48","modified_gmt":"2017-12-07T06:29:48","slug":"essentials-creation-valid-endowment-kinds","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/essentials-creation-valid-endowment-kinds\/","title":{"rendered":"What are essentials for the creation of a valid endowment? What are its kinds ?"},"content":{"rendered":"
Write a critical notes on religious endowment. Now is it created? What are essentials for the creation of a valid endowment? What are its kinds ? <\/strong><\/h5>\n
(b) Whether an idol is a juridical person ? Whether dedication to an Idol not in existence is valid ? <\/strong><\/h5>\n
(c) Whether an endowment be transferred ?<\/strong><\/h5>\n

Ans. (a) What is Endowment? \u2014<\/strong>An endowment includes the properties set apart or dedicated by gift or devise for the worship of some particular deity or for the maintenance of a religious or charitable institution, or for the benefit of the public or some section of the public in the, advancement of religion, knowledge, commerce, health, safety or for any other object beneficial to the mankind. According to Raghvachariar an endowment is referred to as the setting apart of property for religious and charitable purposes in which there is a Karta and a specific thing which can be ascertained. A disposition in India to be a public trust must be made with the purpose of advancement of either religion, knowledge, commerce, health, safety or other objects beneficial to the mankind.<\/p>\n

Kinds of Endowments \u2014<\/strong> Endowments are of two kinds \u2014<\/p>\n

1. Public Endowment\u2014<\/strong>In order to ascertain the nature of the endowment as to whether it is public or private the subsequent conduct of the settler and use of the evidence of the property set apart by the public at large are to be considered. In fact when a temple is thrown open for public at large for worship, a valid inference can he drawn that a public trust has been intended to have been created.<\/p>\n

2. Private Endowment\u2014<\/strong>Private endowment is that in which the public has no ingress, as an endowment for the worship of the family deity of the settler. Where the property is kept separate safely for the worship of family deity by family members only, with which the public has nothing to do, it is a private endowment. Even if other Hindu worshippers are allowed to worship a family deity, it will not confer public nature to the endowment. In Venagnpalasovainy V.s. 11.R.E. Board, A.I.R. 1976 Mad. 102, it was laid down that where the temple was initially set apart for the use of the family members only and subsequently if some outsiders are\u00a0allowed ingress therein, it will not automatically alter the private nature to public. Subject of Endowment\u2013A Hindu is free to dedicate all of his property for religious or charitable purpose, which he can validly dispose of by gift or will. A Hindu can even dispose whole of his property. It was held in Venkata Krishana V.s. Sub-Collector, A.I.R. 1969, S.C. 563, that a tank can also be a subject of endowment. Mode of Creation of Endowment\u2013In case of creation of an endowment by will a written deed is necessary. The will must be in writing attested by atleast two witnesses if the case is governed by the Indian Succession Act, but the creation of a trust for the purpose is not necessary. Although no religious ceremony such as Sankalpa or Samarpana is necessary yet a clear and unequivocal manifestation of the intention to create the endowment is required to constitute dedication. A mere entry in the account book of a firm of money lenders showing that the firm is indebted . to the temple allowed by .crediting of interest does not create an endowment. Even in the case of dedication to an idol it is not required that the property may be allowed to vest in the trustees. Mere expression of intention is sufficient and Sankalpa and Samarpana is not necessary.<\/p>\n

Essentials of Endowment–<\/strong> The following are the essentials for the creation of a valid endowment–<\/p>\n

1. Absolute Dedication of Property\u2014<\/strong>It is necessary that the property is absolutely and in perpetuity dedicated for the worship of diety by the donor or the dedication is for a charitable purpose. It is necessary that the donor has divested himself of the beneficial interest in the property. But it is not necessary that the normal religious procedure for Sankalp, and construction is observed.<\/p>\n

2. Object Must be Definite\u2014<\/strong>It is necessary that the object of the dedication is definite, meaning thereby it should be made explicit as to for which diety, the dedication has been made or the charitable purpose for which the bequest has been made. A dedication to the Dharma is . invalid, the dedication being vague and uncertain.<\/p>\n

3. Property Must be Definite\u2013<\/strong>Any endowment is not valid unless some definite property is dedicated. Any uncertainty regarding the subject-matter of the bequest is fatal for its validity. Hence the a subject matter of the property given in the endowment must be specified For Example-A by means of a will has directed that the property he spent for a specified charitable purpose; but he did not meniioa in it the exact amount to be spent. Such a bequest will be invalid for uncertainity.<\/p>\n

4. Person Setting or Creating the Endowment should be competent\u2013<\/strong> Is necessary that the settler is major, of sound mind and is not legally disqualified for creating an endowment. A person governed\u00a0by Mitakshara can only dedicate his separate or self-acquired property but not his coparcenary interest. But a person governed by Dayabhag school. ue, a father is competent to create an endowment of his whole property in which his coparcenary property is also included. Even a woman after the passing of Hindu Succession Act, 1956, can dedicate hi property as she is now an absolute owner of the property. Earlier her right of dedication was limited. A Karta of H.U.F can also make a gift inter vivos of small portion of joint Hindu family property for pious, religious and charitable objects.<\/p>\n

5. Endowment must not be opposed to law\u2014<\/strong> Inspite of the fact that the endowment must not be opposed to law, yet bequests to idols and temples are not treated invalid for transgressing the rule which forbids perpetuities. But an endowment created for saving the property from creditors is void or if it is made within two years of the insolvency of the transferor. Where a part of the property is dedicated for performing puja of a diety it does not give rise to a valid religious endowment.<\/p>\n

(b) Whether an Idol is a Juridical Person ? \u2014<\/strong> Idol is a legal person and is also a judicial person. It can institute a suit and a suit car. also be brought against it. Its interest is taken care of by a person who administers the idol. Legally the administrator has the same rights which are possessed by an administrator of minor’s property. The administrator is referred to as Shebait and he exercises the rights vested in the idol and in fact he is the guardian of the idol. He can also contest the suit on behalf of the idol and the suit brought against it. The possession of the property dedicated to the idol is in the hands of the Shebait Any suit brought by the idol or against it is in fact brought in the name of the idol.<\/p>\n

Whether dedication to idol not in existence is valid ?\u2014<\/strong>Inspite of the established principle under Hindu law that dedication can only be made in favour of a person in existence, Calcutta High Court has held in Bhupali Ram Vs. Ramlal, 37 C 128 I. C. 642, that a gift or bequest to an idol not in existence at the time of gift or the testator’s death is not invalid. The principles barring a bequest or right in favour of an unborn person is inapplicable to an idol.<\/p>\n

(c) Can an endowment alienated ?-<\/strong> Property dedicated to religious uses is called ‘debutter property’. “Debutter” means literally “belonging to deity.” The general rule is that property, given for religious worship and for charities connected with it. is inalienable, (either by sale or mortgage). But a Shebait or Mahant in charge of the property, in his capacity of Shebait or Mahant and as manager of the property for the purpose of keeping up the religious worship and for the benefit and preservation of the property can do so. The power of a Shebait or Mahant to alienate debutter property is analogous to that of a manager for infant\u00a0heir. He has no power to alienate debutter property except “in case of need or for the benefit of the estate.” Hanooman Prasad v.s. Mst. Babooee, 61 LA. 393, The Allahabad High Court has affirmed the principle in Chhedda Lai Vs. Unjiarrre Lai, A.I.R. 1987. The Court observed that the power ofalienation of a Shebait can be compared with the power of a manager of a minor coparcener. Generally the property dedicated to the religious and charitable purposes are inalienable but legal necessity is an exception to it. It is for the transferee to establish that the necessity was so acute that except the alienation there was no other alternative.<\/p>\n","protected":false},"excerpt":{"rendered":"

Write a critical notes on religious endowment. Now is it created? What are essentials for the creation of a valid endowment? What are its kinds ? (b) Whether an idol is a juridical person ? Whether dedication to an Idol not in existence is valid ? (c) Whether an endowment be transferred ? Ans. (a) […]<\/p>\n","protected":false},"author":35,"featured_media":3293,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-2957","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-family-law-hindu-law"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/2957","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=2957"}],"version-history":[{"count":4,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/2957\/revisions"}],"predecessor-version":[{"id":3290,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/2957\/revisions\/3290"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/3293"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=2957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=2957"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=2957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}