What do you understand by "Shevait" and "Mahant"? Can the office of Mahant be alienated? Discuss.

Question: What do you understand by "Shevait" and "Mahant"? Can the office of Mahant be alienated? Discuss. [UPJS 2023]

Find the answer to Hindu Law only on Legal Bites. [What do you understand by "Shevait" and "Mahant"? Can the office of Mahant be alienated? Discuss.]

Answer

Under Article 414 of Hindu Law by Mulla, the position of a shevait and Mahant has been defined. According to it, a shevait is, by virtue of his office, an administrator of the property attached to the temple of which he is shevait and both the elements of office and property or duties and personal interests are blended together in the conception of shevaitship and neither can be detached from the other. It has further been stated in it that as regards the property of the temple, shevait is in the position of a trustee. It is thus clear from this provision of law that shevait or Mahant is a trustee of the property of the temple and he is to discharge the trust in accordance with law. He cannot dispose of the property of his own accord for which he is to face legal consequences. No doubt in the present case the property attached to the temple is valuable but the respondent Mahant cannot treat it as his personal property. He is only the custodian of it and is bound to perform the function as such.

The general rule is that property given for religious worship is inalienable, but the Shevait or Mahant in charge of property can alienate such property for purposes of keeping up the religious worship and for the benefit and preservation of the property. The power of the Shevait or the Mahant to alienate the debutter’s property is analogous to that of a manager for an infant heir. He has no power to alienate the debutter’s property except in case of need or for the benefit of the estate.