between the execution of the will and her death, she had disposed of some properties bequeathed under the will. Therefore, at the time ... Sanyasini and was not residing in Bharati Math. She had never executed any will and the properties mentioned therein have not come to the hands
administration of a math that Act must leave the administration to the religious denomination to which the math belongs subject to such restrictions and regulations ... Officer excluding the Mahant altogether. This will amount to unreasonable restriction on his property rights in the math. If the Board of Trustees
institution and includes
all properties acquired from the income of the endowed property, meaning
thereby if any property has been endowed by any body ... evident from the definition that the moment
the property will be endowed for the support of maths, the person who is
endowing the property will
with respect to the 'Math' and 'Math properties' on the basis of a will said to have been executed by late ... that Act, the matter relating to 'Maths' and the property of the 'Maths' such matters are either to be under
take possession of the Math and its properties as the successor of the deceased Mahant.
8. It will appear from the sequence of events narrated ... actual possession of the Math properties, as the validly constituted chela of the deceased Mahanta under a will left by the latter purporting to nominate
Ramanarayan, Das. Though at some places the said property has been described as the self-acquired property of Ramadhina Das Goswami. nowhere in the evidence ... that the Mahant was the absolute owner of the property and not the Math, it will not be proper on the part of this Court
deprive Ohintamoni of his raiyati interest in the holding by bringing the properties to auction sale. To achieve this object it was not possible ... namely, the execution of a will on 3rd September 1934, whereby he provided for certain properties of the Math to be in the exclusive enjoyment
gift to the Math though ostensibly in the name of the Mahanta,
he held the property as a trustee for the Math. Even ... effect
that the property in question is being used for the benefit of the
Petitioner-Math will not be sufficient to attract Section
legal heirs of
the Mahant, lack locus standi to challenge the Will, because property of
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AIR 2019 SUPREME COURT 4948
Page ... Math is not heritable under personal law, and any Will in favour of the
presiding deity does not require recognition from successors; therefore,
the revocation
superior. The Hindu Maths were established for
the first time by Shankar. The practice of setting up of Maths as
centres of theological learning, which ... discourses are given in the
Math. It is highly inconceivable that a Math will encroach upon a
Government property.
13. The logical sequitur
