Discuss the public and private endowments in Hindu legal system.

Question: Discuss the public and private endowments in Hindu legal system.[BJS 1980]

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Answer

The term "Endowment" refers to the dedication or entrustment of property, either for a religious purpose, a benevolent purpose, or both religious and charitable objectives. The Court observed that the endowments are the dedication or entrustment of property either for a religious purpose or for a charitable purpose or both: religious and charitable purposes. It may be called a religious endowment or a charitable endowment depending upon its objects [Dwarkanath v. Burroda, (1878) 4 Cal 443].

A Karta and a specific thing that can be identified are both required for an endowment, which is the designation of property for religious and charitable purposes. In India, a disposition must advance religion, knowledge, trade, health, safety, or other goals beneficial to humanity in order to qualify as a public trust.

Requisites of a valid endowment

● Author's competence: The endowment must have been settled by a competent author.

● Object: The objective must be spiritual or humanitarian. or either.

● Bonafide dedication: The settler's commitment must be sincere and clear.

● Definite goal: The dedication's goal or object must be clear or certain.

● Property that can be determined: The property must be capable of being determined.

● Not against the law: The donation cannot be made against any legislative framework.

Public and Private endowments

The subsequent actions of the settler and the use of the evidence of the property set aside by the general public must be taken into consideration in order to determine the nature of the endowment and whether it is public or private. In fact, it is reasonable to assume that public trust was intended to be established when a temple is made open to the general public for worship. The current situation highlights the public nature of the endowment when both strangers and members of the settler's family participate in worship during festival celebrations at a temple as in public temples.

Private endowment, on the other hand, is that which is endowed for the worship of the settler's family god and to which the general public has no access. It is a private endowment when the property is kept securely apart for the worship of a family deity by family members only, with no involvement from the general public. Even if other Hindu worshippers are allowed to worship a family deity, it will not confer public nature to the endowment.

The Supreme Court in G.S. Kaha Lakshmi v. Shah Ranchod Das, 1970 SCR (2) 275, claimed that the Ballabh cult and its adherents of Nadiad devoted and founded the trust, which is of a public nature, for the Sri Gokulnath Nadeyad temple, which is a public temple. The fact that no one could enter the temple until the Goswami's worship was finished in no way diminishes the temple's public aspect. Furthermore, the fact that the temple looks like a house does not prove categorically that it is not a public temple.

In Smt. Sarjoo And Ors. v. Pandit Ayodhya Prasad And Ors, AIR 1979 All 74, it was held that a conclusion regarding the nature of endowment cannot be drawn from a single attribute. In fact, the full body of evidence and the circumstances surrounding its creation must be evaluated. The absence of a pujari demonstrates their private nature, whilst their nomination by members of other households establishes their public nature.

In Keshav Gounder v. D.C. Rajan, (1976) 1 MLJ 56, The Madras High Court held that there is a very minute difference between the public and private endowment. In a public endowment, the interest of the general public or of a group of persons is protected and involved, whereas in a private endowment the interest of the settler of the trust or his family members only is protected and involved. In fact, in private trust, the interest is to dedicate pleasure to the family deity something and the public has nothing to do with it.

The tests to determine the nature of endowment as public or private formulated by the court are:

(1) Where the origin of the endowment is not known, the question arises as to whether members of the public use it by way of right.

(2) The fact whether it is controlled by a group of persons or by the founder of the endowment will also be considered.

(3) Where the documentary evidence is available that clearly establishes that the control invested in the founder or in his family and a greater part has been dedicated to the temple, so that it may be properly managed, it all will suggest that the endowment is of a private nature.

(4) Again in absence of any proof available to show that the founder intended the public to contribute any share to it, it will be treated as a private endowment.

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