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Showing contexts for: partial dedication in The Commissioner Of Income Tax vs Dr. (Miss) Chandra Kanta Rohatgi on 21 October, 2005Matching Fragments
11. The Constitution Bench of the Apex Court in the case of Sri Govindlalji v. State of Rajasthan in Para 68 of the report has held that dedication of private property a chanty need not be made by a writing; it can be made orally or even can be inferred from its conduct. It has disapproved the view of the High Court in not giving effect to a transfer of property dedicated to temple of Shrinathji on the ground that no gift or trust deed had been executed by the settler in that behalf.
12. The above view has been reiterated by Apex Court on numerous occasions. Recently in the case of Kuldip Chand and Anr. v. Advocate General to Government of H.P. and Ors. 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 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. 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 extension 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.