RELIGIOUS & CHARITABLE

ENDOWMENTS
A Hindu who is of sound mind and not a minor
may dispose of his property by way of gift or will
for religious and charitable purposes, such as the
establishment and worship of an idol,
performance of religious ceremony and feeding
the poor or the Brahmins, founding a hospital,
endowment of a university etc.
In the case of Abdul Ali Molla v. Gopal Chandra
Biswas it was held that “an endowment is the
dedication of property by gift or will for some
religious and charitable purposes.” So, any
property which a Hindu can validly dispose of by
will or gift may be dedicated by him for religious
or charitable purposes.
 ENDOWMENTS

Religious Charitable

Public Private
ESSENTIAL CONDITIONS FOR A VALID ENDOWMENT

 No writing is necessary unless it is created by

will.
 Object must be religious or charitable or both.
 Religious or charitable purposes must be clearly
specified.
 Property must be specific.
 The object of the endowment must be specific,
definite or certain.
 RELIGIOUS ENDOWMENTS
The most important and popular forms of
religious endowments are-
 Temple (Idol); and
 Math
 IDOL
The idols under Hindu law are the images
worshipped by the Hindus. These are visible
symbols of some quality of God. The image
personifies the Deity and the worship is not
the image but the God who is represented.
The person who looks after the idol is called
the Shebait. He is the manager of the temple
or mandir or devasthanam. Shebaitship
involves two ideas:
 Ministrant of the deity
 Its manager
 APPOINTMENT
A shebait may be appointed in the following
manners:
 By the order of the founder;
 By custom or usage of the endowment;
 LEGAL POSITION OF SHEBAIT
 It is settled that the relationship of the shebait in
the debutter property is that of a trustee to trust
property.
 His position is that of a trustee but as regards
services of the temple and his duties, he holds the
position of dignity.
 The property of the temple of which he is shebait
is under his administration but the ownership of
the property vests in the idol, not the shebait.
 As a legal person idol can have property. The rent
of the property as well as the offerings made to
the idol belongs to the idol.
 RIGHTS OF SHEBAIT
 Rights in general
 Right to possession of debutter
 Right to remuneration
 Right to residence
 Right to litigation
 Right to defend shebaiti rights
 Right to borrow money
 Right to alienate debutter property
A shebait can alienate property:
 For the need of the idol
 For the benefit of the idol
DEVOLUTION OF THE OFFICE OF SHEBAIT

Succession to the office of a Shebait is governed

by the terms of the deed or will by which the
temple is created. In the absence of such a
provision, it is controlled by the custom or usage
of the temple. If there is no such custom, then
the right passes to the founder and to his heirs.
The person on whom the office devolves must be
competent to perform the rites of the office.
 MATH

Math is an institution of monastic nature. It is a

center of religious and philosophical institution,
an instruction for a particular culture or sect of
Hindu law. The object of a Math is to study and
spread the religious or philosophical idea or
tenets of the school as well as to maintain the
line of Gurus and scholars. It is a place and
residence for the students and teachers who
teach and learn the doctrine of that particular
school.
The primary purpose of a Math is to maintain a
competent line of religious teachers for the
advancement or promotion of religious
knowledge and imparting of spiritual instruction
to the disciples and followers of the math. The
head of the Math is called Mahant or Swami or
Mathadhipati.
Devolution of office of Mahant
 He may be nominated by the ruling Mahant.
 He may be elected by the member ascetics
of the Math.
 The successor may be appointed by the rules
laid down by the founder.
As manager of the Math the Mahant has the same
legal position as that of a shebait in relation to
the idol. He has the same powers and rights and
is subject to the same disabilities and bound by
the same obligations as those of a shebait.
 TEMPLE VS. MATH
Temple Math
Place or building for the Academic center for a particular
residence and worship of God religious or philosophical school

temple is not a legal person Math is a legal person.

but the idol is.

Manager of a temple is called Manager of a Math is called

Shebait. Mahant.

Shebait is in the position of a Property may vest in trustees

trustee with regard to temple other than Mahant.
property.
Any Question?