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RELIGIOUS TRUSTS

The creation of religious charitable trusts is governed by the personal laws of the religion. The administration of these religious trusts can either be left to the trustees as per the dictates of the religious names or it can be regulated to a greater or lessee degree by statute such as the Bombay Public Trusts Act, 1950 discussed above.
In case of Hindus, the personal law provisions regulating the religious trusts have not been codified and are found dispersed in various religious books and epics.

ESSENTIALS OF RELIGIOUS AND CHARITBALE TRUST UNDER HINDU LAW

• There are four essential requirements for creating a valid religious or charitable trust under Hindu Law:
  1) Valid religious as charitable purpose of the trust as per the norms ofHindu Law.
  2) Capability of the author of the trust to create such a trust.
  3) The purpose and property of the trust must be indicated with sufficient precision.
  4) The trust must not violate any law of the country.

• The religious and charitable purpose are neither delineated nor defined with precision under the Hindu Law.

• However, acts of piety and benevolence such as gifts to idols, establishment of Dharmasala, mutts or monasteries, performance of 'Sradhs' of the author of the trust or his family excavation of tanks, wells etc, establishment of hospitals, educational institute etc. qualify as religious and charitable under the Hindu Law.

• No document in writing is necessary to constitute valid religious and charitable trust by a Hindu. Only there has to be a clear and unequivocal manifestation of an intention on the part of the author to create such a trust.

• Such intention may be manifested by performing the ceremonies of sankalpa and samarpan. But these ceremonies are not essential for the Validity of the trust.