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Showing contexts for: partial dedication in Appellant vs The District Collector on 21 December, 2023Matching Fragments
15. The guiding principles in deciding the dedication of property to charity was very well explained by Apex Court in Menakuru Dasaratharami Reddi and another Vs. Duddukudru Subbu Rao and others reported in AIR 1957 SCC 797. The relevant observation in this regard reads as follows:
https://www.mhc.tn.gov.in/judis 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 trust in favour of the charity is not created but a charge in favour of the charity is attached to, and follows, the property which retains its original private and secular character. Whether or not dedication is complete would naturally be a question of fact to be determined in each case in the light of the material terms used in the document .........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. (Emphasis supplied by this Court). 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.
16. In Nirmala Bala Ghose vs Balai Chand Ghose reported in AIR 1965 SCC 1874, the Apex Court observed as follows:
https://www.mhc.tn.gov.in/judis “If the property is wholly dedicated to the worship of the idol and no beneficial interest is reserved to the settlor, his descendants or other persons, the dedication is complete: if by the deed what is intended to create is a charge in favour of the deity and the residue vests in the settlor, the dedication is partial.”