Trust and temples act and ancestral property
Querist :
Anonymous
(Querist) 13 February 2024
This query is : Resolved
Our family has inherited ancestral property. My grandfather created a temple trust of an ancestral worship place that belonged to our family. His motive to create this trust was to protect the place of worship and also property lands. My grandfather had 4 sons. Out of which my father passed away. And the other two sons were busy with their life to make money. One of them left his job and started looking after the temple.
Entally grandfather got critically ill and my uncle started to take ower the trust.
Fast forward to today’s times, uncle passes away and his son is the chairman of the trust. Under the name of this temple trust, he has sold many of our properties without our knowledge.
I tried to research and I understand that places of worship cannot be partitioned according to the Hindu succession act. This cousin does not let my elder brother in the trust and is depriving us of our rights.
Can my brother-
1. Demand his rights in the trust??
2. How do we challenge the trust?
Thank you. Please advise.
T. Kalaiselvan, Advocate
(Expert) 13 February 2024
If it is a registered private charitable trust then the trustees cannot sell the trust temple properties on their own.
A priest cannot be treated as Bhumiswami (owner of land) and the deity is the owner of the land attached to a temple, the Supreme Court has ruled. A Bench of Justices Hemant Gupta and A. S. Bopanna said the ' pujari ', or priest, only holds the land for the purpose of management of the property of the temple..
This ruling is applicable to the trustees also
The trustees can be permitted to sell the property in accordance with the conditions of the trust deed, but only with the Charity Commissioner’s consent, without which the sale cannot take place and the sale deed cannot be registered.
Delhi High Court has stated that prima facie, no trust property can be held, sold, mortgaged, or exchanged without obtaining prior permission from the court.
Therefore the sale of property by some trustees are not valid in law, which can be challenged and the sale deed can be set aside.
If your father was one among the trustees then if it is a hereditary trust, you as one of the legal heirs of your deceased father can claim rights as a successor in interest to succeed as one of the trustees in the place of your father. You can file a suit for declaration to declaration yor rights and interests as a trustee for the reasons you rely upon.
You may better consult an experienced lawyer in the local and proceed as suggested.
