ENDOWMENTS HINDU LAW

HINDU LAW

CHAPTER-14

• ENDOWMENTS 

(i) Meaning and nature  

(ii) Status powers and Functions of shebait or mahunt

ENDOWMENTS

Gift for Hindu Religious and Charitable Endowments 

(i)  meaning and nature: 

Gifts for Hindu religious and charitable purposes are impelled by the desire to acquire ‘religious merit’. There are two divisions according to Manu: 

             i) ‘Ishta’ means sacrifice. This if done by a Hindu takes him to Swarga (heaven). 

ii) Turta’ means charities. This if done by a Hindu takes him to Moksha. This is higher than Swarga. Hence, charities are placed on a higher footing. 

Manu commends both; He says: ‘Let a man practice according to his ability with a cheerful heart, the duty of DanaDharma, both by sacrifice and charities, if he finds worthy recipients for the gift. 

Eg.: for ‘Ishta’: 

1. Vedic Sacrifices 
2. Gifts to the priests 
3. Preserving the Vedas 
4. Religious austerity 
5. Rectitude 
6. Visvadeva sacrifices 
7. Hospitality etc. 

Eg.: to Purta (charities 😉 

1. Constructing tanks, wells, temples, Dharmasalas, Goshalas, annachatras etc. 
2. Providing for places of drinking water supply (i.e., near temples etc) 
3. Relief of the sick and the poor 
4. Gift for education (Vidya-Dhana). This is specially meritorious. 

 Creation of an Endowment: 

a) Founder: 

He must be a Hindu and must be of sound mind and not a minor. He must be willing to establish an endowment. He may express purposes and create the endowment, 

b) Intention: 

It must be clear and unambiguous. He must specify whether the endowment is for religious or for charitable purposes. The purposes must have a Hindu Shastric Basis. The endowment must be colourable or illusory. It must not be to defraud creditors, 

c) Formalities: 

No writing is necessary according to Hindu Law. It may be written. Registration is not necessary (optional). When the endowment is created by will, the will must be in writing, signed and duly attested by two witnesses. 

The religious ceremonies such as SANKALPA AND SAMARPANA are not required. This is evident from the case: Devaki Nandana Vs. Muralidhara. 

Legal Status: 

A Mutt or Idol is a juridical person, capable of holding legal rights, but it can act only through some person: Mahunt and Shebait Idol or deity is  the owner of the debuttor property; in Mutt the property rests in the Institution. 

(ii) Status, Powers and Functions of Sheait or Mahunt: 

1. Temple is a place of worship and the head is called a Shebait A Mutt is a seat or centre of theological learning and the head is called the Mahunt. The Shebait or a Mahunt occupies a significant place in the law of Endowments. 

Legislation: The States are empowered under our constitution to make law relating to Endowments and many states have made Hindu Religious and Charitable Endowments. A Commissioner is empowered to safeguard the interests of the various endowments. 

Though these Acts are regulatory in nature, the Hindu Law relating to the Shebait or Mohunt remains the same. 

b) Powers of a Shebait or Mohunt: 

               i) He acts in the capacity of a manager or custodian of the idol or the mutt institution. He is entitled to the usufruct (use) depending on the usage and custom. As the debuttor property is not vested in him he cannot be compared to a trustee (in whom the trust property becomes vested). However, as regards the general duties and responsibilities his position is almost similar to a trustee. 

ii) A Mahant is a spiritual head. He is a teacher or guru He must carry on the worship in the Mutt, maintain the discipline and propagate the religion of the institution. His work is one based on non-attachment to wordly life. He is expected to meditate, study and further the development of the Mutt. The Mahant has a wide discretion ; Any offerings made to him are at his disposal. 

iii) In respect of debuttor property the shebait has no power to alienate. He may incur debts or raise loans by mortgage provided there is a legal necessity. In HANUMAN PRASAD Vs. BABOE the Court held that the power to alienate was analogous to the manager of an infant heir. Hence with a view to benefiting the debuttor property, property can be alienated. He cannot claim adverse possession of debuttor property. 

Removal : The courts have powers to remove a Shebait or Mahunt for misconduct or maladministration. Any interested members of the community may sue for the production of proper accounts CLO. 

The leading cases are: 

Alienation: 

i) Human Prasad’s case 

ii) Palaniappa v. Devasikamony (Privy Council explained ‘legal necessity’ for   selling debuttor property).