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october 1990

Supreme Court of India · 1990-10-10

MALAYAMMAL AND ORS. vs A MALAYALAM PILLAI AND ORS.

Citation / case number
SC 1977/61620
Court
Supreme Court of India
Petitioner
MALAYAMMAL AND ORS.
Respondent
A MALAYALAM PILLAI AND ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that the perpetual dedication of property for the construction of a samadhi or tomb for an ordinary person, along with provisions for its maintenance and ceremonies, is not recognized as a charitable or religious purpose under Hindu Law. The Court affirmed that while the samadhi of a saint may be treated differently, the testator's provision for his own samadhi was invalid. The appeal was allowed, reversing the lower court's decision that had deemed the endowment valid for charitable purposes.

MALAYAMMAL AND ORS. vs A MALAYALAM PILLAI AND ORS. · Niyam