What is the Mahant devolution of property ? [ P.C.S.J. 2006]

Math/Akhara means an abode or residence of ascetics. In its legal connotation it is a monastic institution presided over by its head known as mahant, the spiritual head of the math.

Ordinarily, a mahant should be a Sanyasi and must observe celibacy but there are certain maths where marriage is also allowed. A female can also be a mahant but she can perform only secular duties and not spiritual or religious duties.

The general rule of the devolution of property or the office of Mahant is that it will devolve in accordance with the rules of devolution laid down by the founder of the endowment if they are not violate of any provisions of any law. If no such rules is laid down by the founder, then the factor which determines succession is the Math’s custom, usage/practice.

The termination of Mahantship is on the death of the holder of the office. Apart from this, termination may be as a result of relinquishment of the office during his lifetime or his removal due to his mental infirmity, bodily disease or on account of mismanagement/waste or if he leading an immoral life/acting contrary to the tenets or usage of the Math.

Legal position/duties

The mahant is neither a trustee nor a corporation sole. He is just the manager of the math with wider powers than those possessed by a manager, trustee or dharmkarta of a temple and acts as a custodian of idol and institution.

Mahant acts in two distinct capacities: religious and administrative. He is the spiritual head of the endowment, He sits upon the Gaddi, he initiates candidates into the mysteries of the cult, he superintends the worship of the idol and the accustomed spiritual rites. He is also the manager of the properties and temporal affairs and the whole assets are vested in him as the owner thereof in the trust for the institution itself. De facto mahant is entitled to sue for the recovery of math property

All the expenses of the Math are to be met out of the income of the endowed property. In the case of a charge of lack of maladministration of the properties, he is liable to render accounts and failure to keep proper accounts may be a ground for his removal.

Rights :

1. The Mahanth has the right to maintain himself in accordance with the dignity of his office and in accordance with the usages of the math.

2. The Mahant has the right to institute a suit on its behalf as also the duty to defend one brought against it as he is the person who represents the Math in all its dealing with the outside world. But, if the Mahant himself is guilty of mismanagement or misappropriation, a suit can be filed by any person interested in the endowment.

3. The Mahant has power to borrow money for purposes connected with the Math for which he can even bind the properties of the Math. If necessity to borrow money is not established, then the creditor can obtain a person decree against the Mahant. In such a case, Math properties are not liable.

4. The Mahant has power to alienate the properties of the Math for legal necessity or for benefit of the Math properties.