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Showing contexts for: partial dedication in M.S. Dharma Raja And Ors. vs M.K. Rama Ammal And Anr. on 21 September, 1977Matching Fragments
18. The pivotal question around which all the issues revolve is whether there is a total and absolute dedication or only a partial dedication of the properties. In order to decide this question, we have to microscopically examine the intention of the settlor as can be gathered from the terms and recitals of the will ExhibitB-1. According to Mr. Ramalingam, this will Exhibit B-l is not hit by the rule against perpetuity, and what is made by the said document is a total and absolute dedication. Alternatively he would plead that even if it is to be held as not one absolutely dedicating the properties, we have to see, in the light of the provisions of Sections 14 and 15 of the Transfer of Property Act, whether the clause that the properties should not be alienated is hit by the rule against perpetuity.
22. A dedication of properties for religious or charitable purposes must be either absolute or partial. In the former case, the properties are given out and out to an idol or to a religious or charitable institution and the donor divests himself of all beneficial interest in the properties comprised in the endowment. In the latter case of partial dedication, a charge is created on the properties or there is a trust to receive and apply a portion of the income for the religious and charitable purposes. In such case, the property descends and is alienable and partible in the ordinary way, the only different being that it passes with the charge upon it.
24. In Menakuru Dasaratharami Reddi and another v. Duddukuru Subba Rao and Ors. 1957 S.C.J. 835 : 1957 S.C.R. 1122 (1957) 2 An.W.R. (S.C.) 175 : (1957) 2 M.L.J (S.C.) 175 : A.I.R. 1957 S.C. 797, the Supreme Court has observed thus :
Now it is clear that dedication of a property to religious or charitable purposes may be either complete or partial. If the dedication is complete, a trust in favour of public religious charity is created. If the dedication is partial a trustin favour of the charity is notcreated but a charge in favour of the charity is attached to, and follows, the property which retains its original private and secular character.... If the income of the property is substantially intended to be used for the purpose of the charity and only an insignificant and minor portion of it is allowed to be used for the maintenance of the worshipper or the manager, it may be possible to take the view that dedication is complete. If, on the other hand, for the maintenance of public charity a minor portion of the income is expected or required to be used and a substantial surplus is left in the hands of the manager or worshipper for his own private purposes, it would be difficult to accept the theory of complete dedication. It is naturally difficult to lay down a general rule for the solution of the problem. Each case must be considered on its facts and the intention of the parties must be determined on reading the document as whole.
The Supreme Court in Nimala Bala Ghose and another v. Balachand Ghose and Ors. , have laid down the following proposition:
The question whether a deed of dedication of properties to deities, creates an absolute or partial dedication must be settled by a conspectus of all the provisions of the deed. Where the property is wholly dedicated to the worship of the idol without reserving any beneficial interest to the settlor, his descendants or other persons, the dedi- cation is complete; if the intention of the deed is to create a charge in favour of the deity and the residue vests in the settlor, the dedication is partial.... The Court has to ascertain the intention of the settlor and for that purpose to take into consideration all the terms of the deed. If it appears on a review of all the terms that after endowing property in favour of a religious institution or a deity, the surplus is either expressly or by implication retained with the settlor or given to his heirs, a partial dedication may readily be inferred, notwithstanding the apparently comprehensive words of the deposition in favour of the religious endow ment.