RELIGIOUS AND CHARITABLE ENDOWMENTS

Endowment is the dedication or entrustment of property either for a religious purpose or for a
charitable purpose or for both religious and charitable purposes. Manu said, “Let him without
tiring always offer sacrifices (istha) and perform works (purta) with faith, for offerings and
charitable works made with faith and with lawfully earned money procure endless rewards. Let
him always practice according to his ability with a cheerful heart, the duty of liberality
(danaDharma), both by sacrifice (istha) and charitable works (purta) if he finds a worthy
recipient for his gifts.”

A Hindu, who is of sound mind and not a minor may dispose of his property by will or gift for
religious and charitable purposes. In Abdul Ali Molla v. Gopal Chandra Biswas 46 DLR 631, it
has been held that, “An endowment is the dedication of property by gift or will for some
religious and charitable purposes.” A religious endowment is the dedication of property (which
may be public or private) which has its object for the establishment, maintenance and worship of
an idol, deity or any other purpose, which is religious in nature, i.e.; performance of religious
ceremonies, such as, sraddha ceremony. Manu says, “Charity alone is the Supreme Dharma or
religious duty to be performed by a person for his spiritual benefit.” Property which is dedicated
for religious purposes is called Debutter property which means properties belonging to the deity.

A charitable endowment includes gifts or bequests for the following purposes:

a) Dharmashalas;
b) Rest houses;
c) The support of schools, colleges and universities;
d) Feeding the poor;
e) Dispensaries and hospitals for the medical treatment of the poor and sick people;
f) The construction and maintenance of tanks, wells and reservoirs of water.

Requisites for a valid endowment

a) Unless an endowment is created by will, no writing is necessary.
b) Trust is not required for making a valid endowment.
c) The object or purpose of dedication must be definite and certain.
d) The object of dedication must be religious or charitable or both.
e) Religious or charitable purposes must be clearly specified.
f) Absolute dedication must be needed.
g) Property must be specified or ascertainable.
h) The dedication must not be made in contravention of any law.
i) The author or settler must be competent to settle it.

Who can endow

A Hindu who is of sound mind and not a minor may dispose of his property by gift or by will for
religious and charitable purposes. Therefore, a person who may endow must have the following
characteristics.

a) Mental Soundness.
b) Age of maturity.
c) Right over the property.

Kinds of religious endowments

According to purposes, religious endowments may be of the following two types.

a) Public endowment - When the endowment is made for the benefit of the public, then it is
called public endowment.
b) Private endowment - When the dedication of property is made for the benefit of a small
group of people or individual, then it is called private endowment.

Differences between public and private endowments

The basic difference between a public and a private endowment is that, in case of a private
endowment, the beneficiaries are definite and ascertainable. On the other hand, in case of a
public endowment, the beneficial interest is vested in an uncertain and fluctuating body of
persons, either the public at large or some considerable portion of it, answering a particular
description.
Again, in a public endowment the heirs of the founder cannot put an end to the endowment. In
case of a private endowment, the agreement of the whole family may convert the Debutter
property into secular property. Property, which is dedicated for religious purposes, is called
Debutter property.

It is a question of fact, whether a Temple is a private one or public. Where property is set aside
for the worship of family God, in which the public are not interested, the endowment is a private
endowment.

The object or purpose of the endowment is an essential ingredient by which the difference
between public and private endowments can be made. In Venkatna Narsimha Rao v. Subba Rao
1923 46 MAD 300 it held that, “A trust either for spread of Sanskrit language or for the spread
of Hindu religion or both was void in law and unenforceable because the words were regarded as
to vague and uncertain to create an executable trust.”

Forms of religious endowments

The two most important and popular form of religious endowments is as follows.
a) The Idol or the Temple or the Devasthanam.
b) The Math.
The Math and the Temple represents the two paths of spiritualism. The Math represents the path
of knowledge while the Temple represents the path of devotion. These two are important as they
indicate the two ways for the salvation of human soul.

Math
Math is a monastery, the main purpose of which is the spread of religious knowledge mainly
through instruction to disciples and followers. Math is an institution of a monastic nature. It is a
center for religious and philosophical instruction of a particular section or culture of Hindu law.
The object of instituting a Math is to study and propagate the religious and philosophical tenets
of the school or section and also to maintain a line of Gurus or teachers.

The primary purposes to establish a Math are as follows:

a) The maintenance of a competent line of religious teachers for the advancement of religion.
b) Promotion of religious knowledge.
c) Importing of spiritual instruction to the disciple or followers of the Math.
d) Maintenance of the doctrine of a particular philosophy.
So, the Math is also a place for residence for the students and teachers. The person who is in
charge of the Math is called the Mahant or Swami or Mathadhipati. He is the Head of a Math. He
is the spiritual teacher or religious guru who teaches the doctrines of the section or culture to
which the Math belongs to and the students learn that. As the manager of the Math, the Mahant
occupies the same position, the rights and duties of a Shebait. He is also bound by the same
obligation. He is not only a manager or a trustee, he is the religious guru. He has the same
powers and he is subject to the same disabilities as that of a Shebait.

Devolution of Mahant’s office

It may be occurred by the following three ways.
a) The Mahant may be nominated by the present or ruling Mahant.
b) He may be elected by the members of that Math.
c) He may be appointed in accordance with the instructions given by the founders of the Math.

Idol/ Temple/ Devasthanan

The idol is the path of devotion. Devasthanam or Temple is dedication of property for the
worship of an Idol personifying God. We can say that, the dedication of property is made for the
establishment of an Idol. Idol is considered as a legal person. When a non-human person is
considered as a person, then it is called a legal person. Images which are worshipped by the
Hindus are visible symbols which represent one or another attributes of the God. Image
personifies the deity and the object of worship is not the image but the God personified by it.

Legal position or Juristic position of an Idol or Deity

The idol is an example of a non- human legal personality under Hindu law. As a legal person, it
can own property and the Temple is the property of the Idol. The rent of the property dedicated to
the Idol. Also all offering belongs to the Idol and not to the Shebait. An idol is therefore a juristic
person who is capable of holding property. However, it may be said that, the Idol has no
beneficial interest in the endowment. The only beneficiaries are the worshippers. The real
purpose of a gift of properties to an Idol is not to confer any benefit on God, but acquisition of
spiritual benefit, by providing opportunities and facilities, for those who desire worship. It is
therefore said only in an ideal sense that, the Idol is the owner of the endowed property.

Shebait
Temple or Mandir or Devasthanan is the place of residence and worship of the Idol. The manager
of the Temple is called the Shebait. Therefore, Shebait means a person who is in charge of a
Temple or Mandir or Devasthanan.

Legal position of a Shebait

The legal position of a Shebait is difficult to define precisely. It is settled that, the relationship of
the Shebait and the Debutter property is not that of a trustee. His position is that of a trustee with
regard to the property, but as regard the services to the Temple and the duty imposed upon him,
he is in a position of dignity. The property of the Temple is under his administration and he is the
manager of the Temple. He is also the agent through which the Idol operates.

Devolution of the office of a Shebait

The devolution of the office of a Shebait may happen by the following three ways:
a) By an appointment made by the founder of the Temple.
b) By customs and usages of the endowment.
c) By general law of inheritance.

Rights of the Shebait

The Shebait generally has the following rights.
a) Generally as a manager or an administrator of the Idol, the Shebait has the right to do all that
is proper, necessary and reasonable for the benefit and protection of the property of the Idol and
its worship and service.
b) He has the right of possession and custody of the Debutter property. In the offerings, those
items which are perishable become the personal property of the Shebait while the durable things
are the property of the Idol.
c) The Shebait has the right of residence in the Temple for the discharge of his duties of
supervision towards the idol and its property.
d) Shebait has the right to sue and be sued on behalf of the Idol. The suit may be in the name of
the idol or in the name of the Shebait of the Temple.
e) Shebait has the right to take loan or borrow money for the management of the Temple.
f) Shebait can sue to obtain his Shebaiti rights and defend any challenge to such right.
h) Generally, a Shebait has no right to get salary or any kind of remuneration. However, if the
deed of endowment or the custom allows some remuneration, he may take it. It is not opposed to
the Hindu law.
Alienation of Debutter property

The general rule is that, the property given for religious worship is inalienable. However, in
certain cases i.e. legal necessity, such property may be alienable.In the case of Hunooman
Persaid v. Mosammat Babooee 1856 MIA 393 it has been held that “The power of the manager
of an infant heir to charge an estate is not his own. Under Hindu law, it is a limited and qualified
power. It can only exercise rightly, in case of need or for the benefit of the estate”. The same will
apply in case of a Debutter property. In the case of Abdul Ali Molla v. Chand Biswas 46 DLR
63, it has been held that, “A Debutter property being the abode of deities is inalienable except for
legal necessity.

Alienation of Debutter property by Shebait

Shebait can alienate Debutter property for the need or for the benefit of the Idol. Legal necessity
of the Idol refers to those purposes without which the very object of the endowment would be
frustrated or without which the existence of the endowment will be endangered. In Channu Mia
v. Maindra Lal Roy 7 BLD (AD) 64 it has been held that, “Alienation by Shebait was not done
for legal necessity of the deity and as such the settlement was rightly found to be bad in law.”

Legal necessities are therefore including the following things.

a) Purchase of clothes, ornaments, articles of worship of the Idol.
b) Repair of the Temple.
c) Celebration of the occasional festivals and the ceremonial functions.
d) Payment of the taxes on the Debutter property.
e) Arrangement of the facilities of water, electricity etc.
f) Arrangement of the convenience and security of the Devotees.
g) Defence of the Shebait from the trespassers or the hostile claimants.

Differences between the Math and the Temple

The basic differences between the Math and the Temple are described below.
a) A Temple is a place or building for the residence and worship of the Idol or the God. On the
other hand, a Math is an academic center for a particular religious school.
b) The juristic position of the Math and the Temple is also different in law. The Temple itself is
not a legal person. The Idol or the Deity is the legal person. But in case of a Math, it itself is a
legal person.
c) A Math, as a legal person can sue and be sued and it can also hold, acquire and dispose of
property. In case of a Temple, it cannot sue or be sued. It cannot hold property as it is not a legal
person. In case of a Temple, the Idol is the legal person.