Monday, September 29, 2014

Property in the name of the God

Transfer of a property to the God or the Deity:

The Transfer of Property Act (in India) contemplates ‘transfer of a property is only by a living person to another living person.’
The Transfer of Property Act does not stipulate any such transfer of property to any Deity or God or Almighty; because the God is not a sentient person like that of a human being.
But such transfers are also recognized in India; and the God, the Deity are treated as human being;
Thus the Deity, the God, the Almighty can have/hold a property of His own, like that of a living person. In such transfers the God is termed as ‘juridical person.’

There are various types of transfers or giving the property to a Deity, a God, a Temple etc.
If a property is given to a Trust by a deed of trust, the God is the beneficiary, and in such cases, the God is not a legal owner but a beneficiary of that trust.

If a property is given to the God directly, (dedication to the idol itself) then the God becomes the absolute owner; and on behalf of the God, the Dharmakartha acts as His manager.

Under Mohammedan Law, such dedication of property to the God Almighty, is called as Wakf. In such circumstances, the God Almighty is the owner of the property and the general public are the beneficiaries of the Wakf.


No comments:

Post a Comment