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Hindu Religious Endowment[1]
QUESTION BANK
Q.1 Explain traditional religious principles of creation and administration of offices.
Q.2 What is an Endowment? What are the kinds of Endowments?
SHORT NOTES
1 Power and obligations of Mahant and shebait.
- Debutter estate.
SYNOPSIS
- What is an Endowment-?
- Debutter property-
- Public Endowment-
- Private Endowment-
III. Charitable Endowment- ***
Short Notes
- Shebait-
- a) Position of Shebait-
- b) Shebait is more than just a Pujari-
- c) Devolution of Shebait’s office-
- d) Preparatory rights and Duties of Shebait-
- e) Right to encore loan, sale etc.- ***
- Mahant-
- a) Position of Mahant-
- b) Proprietary rights of Mahant-
- c) Devolution of property-
- d) Termination of Mahantship-
I. What is an Endowment-?
An endowment means a dedication of property of any kind for a religious or charitable purpose or the benefit of the public or some section of the public in advancing religion, knowledge, commerce, health, safety or any other object beneficial to mankind.
Thus, the (i) dedication of a specific property, (ii) for a specific religious or charitable purpose or the benefit of the public, and (iii) by a competent person are essentials of the valid endowment. Dedication may be by way of a gift or by way of a will. The word ‘trust’ in S. 92 of the Civil Procedure Code includes a Hindu religious endowment for a public or charitable purpose.
II. Debutter property[2]–
Property dedicated to religious purposes is called debutter property. When the property is dedicated, it vests in God and the property is placed in possession and management of the (1) Shebait- if the property is devasthanam (i.e. temple), (ii) Mahant- if the property is math (i.e. an abode for religious students).
Such religious (Debutter) endowments are of two types viz (i) Public and (ii) Private.
1. Public Endowment-
In Public endowment, the dedication of the property (i.e. temple) is made for the public at large or a specific class of persons.
It is an important concomitant of a public endowment that (i) it must be worshipped by the public and (ii) the intention of the founder (as expressed by him in the documents) to make it public.
2. Private Endowment-
When the property is set aside for the worship of a family God of the settler in which the public has no interest and ingress. In a private endowment, the beneficiaries are definite and ascertained individuals who can be ascertained within a definite time.
In Gourhor v. Sharda[3] The court held that the mere fact that Hindu worshippers have been freely admitted to a temple does not prove that the temple is public.
III. Charitable Endowment-
All endowments recognised under Hindu law, except math and Debutter, are called ‘charitable endowments’. Instances of charitable endowments are institutions of Dharamshala, providing food, shelter homes for elderly persons (Vraddha-ashrama), free supply of drinking water (Panpoi), construction of tanks, digging wells, construction of bathing ghats at river sides, etc.
A Hindu can create a charitable endowment or trust for any of the above purposes.
***
Short Notes
1. Shebait[4]–
Shebait is the person who serves the deity consecrated in the temple. Shebait is the word commonly used in Bengal. Shebait is called Dharmakarta in Tamil Nadu and Andhra Pradesh.
a) Position of Shebait-
Shebait represents (i) maintenance and (ii) management of deity. Thus, he is the one who serves and sustains the deity whose image is installed in the temple. Thus, the Shebait has the title of a manager of a religious endowment and is entitled, subject to usage, to the custody of the idol and its properties.
b) Shebait is more than just a Pujari-
We call him Pujari in Maharashtra; however, mere Pujari is not Shebait if he is just an employee. Shebait is somewhat more than just a Punjar or archakas. In Maharashtra, in many cases, Pujaris are Shebaits in many temples; however, if Pujari is restricted only to puja or worship work and not related to and custody of the property of devasthanam and management thereof, he is not Shebait. Thus, a Pujari just appointed to perform puja without the property management right is not a Shebait.
c) Devolution of Shebait’s office-
It is held that the office of Shebait is a property, and therefore, it is heritable property and, therefore, subject to devolution.
If, in an instrument, the right of devolution of Shebaitship is not properly described, then in the absence of any custom or usage to the contrary, it devolves among the heirs of the founder of the endowment. Unless established usage, a Shebait cannot nominate a successor by will.
In Shambu Charan Shukla v. Sri Thakur Ladli Radha[5]
The Supreme Court held that Shebaitship is immovable property heritable by the widow of the last male holder unless custom to the contrary.
d) Proprietary rights and Duties of Shebait-
Shebait is entitled to the possession and custody of the endowed property.
Sebait’s duties are both spiritual and temporal. Regarding spiritual duties, he must perform Seva and puja for the idol since he has custody of it. As a temporal head, he has to manage the deity’s property.
Generally, properties of a permanent nature dedicated to a deity belong to the deity. However, the movable property of a perishable nature can go to Shebait.
e) Right to encore loan, sale etc.-
Shebait may raise money by simple loans or on some security; he may, if necessary, sell some of the properties. However, he has to use the power of alienation in exceptional circumstances.
***
2. Mahant-
Mahant is the manager of Math’s property. He is the head of Math.
Math is the place where (i) persons of a particular religious community, or (ii) followers thereof, reside, and (iii) it is a place where sanaysees reside or where religious discourses and preaching are given. Properties are given in the math vest in the Mahant. The main object of math is the propagation of religious beliefs.
Normally, Mahant is a Sanyasi or Bramhachari. However, there are some exceptions also. A female can be Mahant. However, she cannot perform spiritual and religious rituals.
a) Position of Mahant-
Mahant acts in two ways: (i) as the spiritual head of Math and (ii) as a manager of Math’s property. He is the head of the institution. As a spiritual head, he performs religious acts and worships idols. In this sense, he acts as a Shebait. As a manager, all Math properties vest in him. He acts as a trustee of Math’s properties.
b) Proprietary rights of Mahant-
As discussed already, all Math properties vest him as a manager. In legal parlance, he has Math’s estate for life to be used for Math’s purposes. In this sense, he has limited interest in Math’s property. However, he has an absolute proprietary right to the income derived from the offerings of his followers. He can use and retain the usufruct so long as he remains Mahant and uses it for the objects of the endowment. However, he cannot spend the property for immoral or personal purposes.
Thus, in conclusion, we may say that the Mahant is only the manager and guardian of the idol and the institution of Math.
c) Devolution of property-
Generally, the property of Math and the office of Mahant devolve in accordance with the rules of devolution laid down by the founder of the endowment. Without such rules, it devolves according to the usage of that math. Even the Mahant can nominate his successor if usage is prescribed.
In Mahant Sita Das v. Sant Ram[6]
The Supreme Court held that, generally, the Mahant has the right to nominate his successor in his lifetime or by will. If the Mahant fails to use his right, an election is usually made from the disciples; in the absence of disciples, anyone of his spiritual kindred like Gurubandhu, Bhatija, etc. is elected.
d) Termination of Mahantship-
The Mahantship may be terminated in any of the following ways-
(i) By relinquishment of the office by the Mahant himself,
(ii) By removal on the grounds of mental infirmity, bodily disease, mismanagement, leading an immoral life, acting contrary to the tenets of the Math, etc.
*****
[1] दाणनिधि / कयमस्वरूपि दाण [बंदोबस्ती स्थायी रूप से बंदोबस्ती]
[2] देवोत्तर मिळकत [ उत्तर–दिव्य आय]
[3] 23 Pat. 917
[4] मंदीराचा व्यवस्थापक पुजारी [मंदिर के प्रबंधक पुजारी]
[5] AIR 1985 SC 905
[6] AIR 1954 SC 606