Research › Search › Judgment

Madras High Court · body

2019 DIGILAW 2637 (MAD)

Sruti Seva Trust v. State Bank of India

2019-09-27

N.ANAND VENKATESH

body2019
ORDER : N. Anand Venkatesh, J. 1. This Civil Revision Petition has been filed challenging the order passed by the Court below in refusing to entertain the Succession Certificate Petition filed by the Petitioner/Trust. 2. The Trust was run by one Swami Baswarananda Saraswathi. During that point of time, donations were given by many devotees in the name of the said Baswarananda Saraswathi. After the death, the State Bank of India where the amount was deposited, insisted for production of a Succession Certificate in order to enable the Trust to utilize the funds. In view of the same, the Petitioner/Trust approached the Court below and filed a Petition for issuance of a Succession Certificate. This Petition was dismissed by the Court below on the ground that the amount stood in the name of Swami Baswarananda Saraswathi and the Trust cannot be called as a legal representative of the said Baswarananda Saraswathi and therefore, refused to even entertain the Petition. 3. The learned counsel for the Petitioner submitted that admittedly Swami Baswarananda had received donations from the general public while running the Trust. These offerings/donations were made in the name of Swami Baswarananda Saraswathi and it was deposited in the Bank. The learned counsel for the Petitioner submits that the moment the person takes the status of an ascetic, it is said to be a civil death and therefore, the Trust will have to be taken as the legal representative and the Succession Certificate ought to have been granted in favour of the Trust. The learned counsel in support of his submissions, relied upon the judgment of the Honourable Supreme Court in Sital Das .vs. Sant Ram and others, AIR 1954 SC 606 and the judgment of the Karnataka Hig Court in North West Karnataka Road .vs. Matadipathi and Successor, 2006(3) KLT 456. 4. This Court has carefully considered the submissions made on either side and perused the materials placed before this Court. 5. Before going into the facts of this case, it will be necessary to deal with the legal issue that has arisen in this case. Admittedly, in this case, Swami Baswarananda Saraswathi has assumed the status of ascetic and therefore, legally it operates as a civil death. Useful reference can be made to the judgment of the Honourable Apex Court in Sitaldas Case referred to supra. The relevant portions of the judgment is extracted hereunder "20 ............ Admittedly, in this case, Swami Baswarananda Saraswathi has assumed the status of ascetic and therefore, legally it operates as a civil death. Useful reference can be made to the judgment of the Honourable Apex Court in Sitaldas Case referred to supra. The relevant portions of the judgment is extracted hereunder "20 ............ It is well know that entrance into a religious order generally operates as a civil death. The main who becomes an ascetic severs his connection with the members of his natural family and being adopted by his preceptor becomes, so to say, a spiritual son of the latter. The other disciples of his Guru are regarded as his brothers, while the co-disciples of his Guru are looked upon as unless and in this way a spiritual family is established on the analogy of a natural family ................." 6. This judgment was subsequently followed by the Karnataka High Court in North West Karnataka Road .vs. Matadipathi and Successor, 2006(3) KLT 456 referred to supra. The relevant portions of the judgment is extracted hereunder: "4. The High Court of Kerala in Oriental Insurance Co. Ltd. vs. Mother Superior, S.H. Convent and 9 has made the following observations: (7) Deceased joined the Holy Order of the Sacred Heart Congregation after renouncing her natural family. As soon as she professed the perpetual vow she ceased to be a member of her natural family and became a member of the Holy Order. She had embraced life of poverty, chastity and obedience. The convent became her family and Mother Superior became the head of the family as well as her legal representative. All her income by way of her salary and other benefits will devolve on the convent, of which the Mother Superior is the Administrator. Therefore, Mother Superior being the head of the convent is entitled to claim compensation on account of the death of the deceased. (9) Therefore, even though the deceased continued to be an Indian Christian as defined under Section 2(d) of the Indian Succession Act, because of her civil death by becoming a member of the Holy Order the natural heirs mentioned in Sections 41 to 48 of the Indian Succession Act will not be her legal heirs. If she had made a Will it was to take effect at once as though she were naturally dead. If she had made a Will it was to take effect at once as though she were naturally dead. So also if one of her kinsmen dies leaving properties which according to ordinary rules of inheritance would descend to her, she will be overlooked as though she were no longer alive. Entering religious orders resulted in the eyes of the Church in death to the World. From the time of her entrance into the Holy Order she could not acquire and she acted only as a means of receiving for the benefit of the Holy Order. By becoming a member of the Holy Order she becomes a member of the family consisting of the Mother Superior and other members of that Holy Order. Therefore, the contention of the learned counsel for the appellant that in view of Section 29(2) of the Indian Succession Act, Sections 41 to 48 of the said Act should apply in this case also, cannot be accepted. 5. The decision of the Supreme Court in Sital Das .vs. Sant Ram : AIR 1954 SC 606 , at Para 20, the following observations are made: It is well know that entrance into a religious order generally operates as a civil death. The main who becomes an ascetic severs his connection with the members of his natural family and being adopted by his preceptor becomes, so to say, a spiritual son of the latter. The other disciples of his Guru are regarded as his brothers, while the co-disciples of his Guru are looked upon as unless and in this way a spiritual family is established on the analogy of a natural family. 6. In view of the above decisions, the head of the Mutt is entitled to maintain the Petition to seek compensation through not for loss of dependency but for loss to estate caused to the Mutt." 7. It is clear from the above judgments that the moment a person becomes an ascetic and renounces the world, it will be treated as a civil death. Thereafter, he severs his connection with the members of his natural family and his disciples and other devotees become a part of the spiritual family. 8. In the present case, Swami Baswarananda Saraswathi was receiving offerings/donations as the head of the Trust. These offerings which were made in his name, was deposited in the Bank Account. Thereafter, he severs his connection with the members of his natural family and his disciples and other devotees become a part of the spiritual family. 8. In the present case, Swami Baswarananda Saraswathi was receiving offerings/donations as the head of the Trust. These offerings which were made in his name, was deposited in the Bank Account. Since Swami Baswarananda Saraswathi is an ascetic and has renounced the world, Law looks at it as a civil death. Therefore, there is no difficulty in transferring the entire amount that lies in his name in the Bank to the Trust. At least, this amount will be useful for the Trust to carry on with its objectives. 9. In the considered view of this Court, the Court below ought not to have taken such a hyper-technical stand by denying the Trust from utilizing the amount, to run the Trust. If such permission is not granted, the money will lie waste in the Bank and it will be of no use to anyone. 10. In view of the above, the order passed by the Court below dated 30.10.2010 is hereby set aside. The matter is remanded back to the Court below and the Court below shall number the Succession O.P. and shall grant Succession Certificate in favour of the Petitioner/Trust. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The Civil Revision Petition is allowed accordingly.