Document Fragment View

Matching Fragments

12. The above view has been reiterated by the apex court on numerous occasions. Recently in the case of Kuldip Chand v. Advocate-General to Government of H.P. it has been held by the apex court that a Hindu is entitled to dedicate his property for religious and charitable purposes and for this even no instrument in writing is necessary. A Hindu, however, in the event, he wishes to establish a charitable institution must express his purpose and endow it. Such purpose must clearly be specified. For the purposes of creating an endowment, what is necessary is a clear and unequivocal manifestation of intention to create a trust and vesting thereof in the donor and another as trustees. The subject of endowment however must be certain. Dedication of property either may be complete or partial. When such dedication is complete a public trust is created in contradistinction to a partial dedication which would only create a charity. A dedication for public purposes and for the benefit of the general public would involve complete cessation of ownership on the part of the founder and vesting of the property for a religious object. Although the dedication to charity need not necessarily be by instrument or grant, there must exist cogent and satisfactory evidence of conduct of the parties and user of the properties which show the extinction of the private secular character of the property and its complete dedication to charity. It has been further held that dedication would mean, complete relinquishment of the right and ownership and proprietary.