Bare ActsThe ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

Section 7

Amendment status not verified — confirm the current text below against the official source.

Hereditary Trustee :– The definition of the term hereditary trustee provides for three distinct ways by which a claim of hereditary trusteeships can be proved namely: (i) Firstly, when succession to such office devolves by hereditary right since the time of the founder. (ii) Secondly, when succession to the office is regulated by custom, and (iii) Thirdly, when it is specifically provided for by the founder according to the scheme of succession so long as such scheme is in force. The mere fact that a person was a trustee for a very long period will not be sufficient for a declaration that he is a hereditary trustee, 62 (1986) CLT 576 (Gopinath Das Adhikari and Others Vs. Sri Chaitanya Mahaprabhu and Others) Burden lies on the person who claimed right of hereditary trusteeship to establish that succession to the office devolved upon by hereditary right since the time of the founder of the institution, since the evidence being unsatisfactory it is difficult to establish the case of hereditary trusteeship. 67 (1989) CLT 829 (Maheswar Das and others Vs. Sri Nilakantheswar Mahadeb and others. Ingredience of the word hereditary trustee – explained – the person ascertaining such rights must establish and prove to show that he comes within the three categories, 73 (1992) CLT 303 (Hindu Public represented through Jadunath Das and others Vs. Sankarsan Das and others)

Section 7 – The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951 | DailyLaw.ai