DEED OF ENDOWMENT OF LAND FOR RELIGIOUS PURPOSES

 

THIS DEED  is made the __________ day of ___________ between (donor) ____________________________ of (address, etc.) __________________________  (hereinafter called the donor) of the ONE PART.

 AND

 (trustees) __________________ of (addresses, etc.) ______________________________ (hereinafter called the trustees) of the OTHER PART.

WHEREAS:

1.      The donor is the owner in absolute possession of a property situate at _________ more fully described in the Schedule hereto and hereinafter referred to as “the said property”.

2.      There is no temple or other building for the purpose of divine service according to the rites of the Hindu religion of Lord Sri (Chaitanya) _________  on or near the said property.

3.      By an agreement dated _______ and made between the donor of the one part and the trustees of the other part it was agreed that the trustees should for the period of _________ years have the right of entering on the lands described in the SCHEDULE  hereto and hereby granted (thereinafter and hereinafter called the site) for the purpose of the erection of buildings in accordance with the stipulations therein contained and that they might within the said period erect and complete on the site as therein mentioned a temple with out buildings to be used only for the general purposes of the public and disciples of Lord Sri (Chaitanya) __________  and that they or their successors should also be at liberty thereafter to build on the remaining portion of the said property other buildings to be used for the residence of any such disciples or pilgrims if they should so desire but only in accordance with plans and elevations to be approved by the architect for the time being of the donor or of the owner or owners for the time being of the said property and that if and when (within the said period of _____ years) the said temple should be erected and completed as therein mentioned the donor would convey the site with the buildings thereon to the trustees.

4.      The trustees entered on the property and erected a temple and other buildings thereon in accordance with the said agreement and the same has been duly licensed for divine service.

5.      The trustees are desirous that the said property should be conveyed to them upon the trusts hereinafter declared concerning the same.

 

NOW THIS DEED WITNESSETH as follows:

1.      In consideration of the premises the donor upon the acceptance of the trustees (testified by their execution of this deed) hereby conveys unto the trustees the said property together with the temple and other buildings thereon erected  to hold the same unto the trustees absolutely and forever nevertheless upon the trusts and subject to the provisions hereinafter contained.

2.      It is hereby agreed and declared that the trustees shall stand possessed of the said property and the said temple with other out-buildings standing thereon upon trust to allow the said temple and out-buildings to be used by any person or persons duly authorised by him and where necessary duly licensed in that behalf for charitable purposes in connection with the advancement of religion according to the doctrine of Hindu religion and in particular for all or any of the following purposes which are charitable, namely:

                                i.            For public worship so long as the same is licensed in that behalf and other religious purposes and the propagation of its teaching of Lord Sri (Chaitanya) ___________ the holding of classes and missionary and other religious meetings.

                              ii.            For any charitable purposes which the trustees shall in their discretion think directly or indirectly conductive to assist or benefit the work of the said temple.

3.      Provided also that if and when the trustees shall think fit they may permit the said property or any part thereof to be used at any time hereafter for both or either of the following purposes namely:

                                i.            The erection of a building for consecration and use as a prayer hall where the rites of the temple are to be observed.

                              ii.            The erection of a house for the residence of any Religious head or Guru who may for the time being be the incumbent or have the charge of the said temple or officiate in connection with the said temple together with outbuildings in connection with the same.

4.      The buildings so to be erected shall be in accordance with plans and elevations to be approved by the architect for the time being of the donor or of the owners or owner for the time being of the said property and be erected in brick stone or other approved materials with slate or tiled roofs and to the satisfaction of such architect.

5.      Except with the consent of the donor or of such owners or owner as aforesaid the trustees shall not use any part of the site for the time being unbuilt on except as a field or as a garden ground attached to a house of residence or in connection with the said temple or out-buildings or erect thereon any other building in addition to the said temple except as an extension of the same or such temple or outbuildings and house of residence as aforesaid or either of them with suitable out buildings PROVIDED that these restrictions shall be binding only on the trustees and in particular shall not affect any mortgage or person body or corporation having at any time a charge on the said premises under clause 10 hereof or otherwise or any person or persons claiming under any such mortgage or charge.

6.      The trustees may apply any monies received by them hereunder in payment of and shall be entitled to be indemnified against all costs charges and expenses incurred by them in relation to the trusts hereof or otherwise in relation to the premises and may for the purpose of giving effect to such indemnity mortgage or charge the property hereby assured or any part thereof (except the said temple) to any person or persons whomsoever for raising or securing all such costs charges and expenses and such sum or sums of money as may be requisite for the due execution of the trusts hereof or any of them but no mortgagee or mortgagees or persons or person or body or corporation lending money to the trustees shall be bound to inquire as to the necessity or propriety of any mortgage or mortgages made or purported to be made under or by virtue of this deed.

7.      The decision of a majority of the trustees present at a meeting of which reasonable notice shall have been given shall bind the minority.

8.      The statutory power of appointing new trustees shall apply to this deed with this modification namely that no person shall be capable of being appointed a trustee of this deed unless he has having faith, in the preachings of Lord Sri (Chaitanya) _______ . The number of trustees may be increased from time to time notwithstanding that no vacancy exists provided that the number of trustees shall not exceed [five]______.

9.       If any dispute difference or question shall at any time arise between the Religious head of the temple and the trustees as to the construction meaning or effect of the trusts and provisions herein contained or otherwise in relation thereto such dispute difference or question shall on the demand in writing of the trustees or of a majority of them or of the Religious head of the temple be referred to a single Arbitrator to be nominated by mutual agreement and in case of disagreement to be referred to the court for arbitration in accordance with the Arbitration and Conciliation Act, 1996.

 

SCHEDULE

(Description of land conveyed)

 

 

IN WITNESS etc.

        

 

 

 

 

 

                                                                                     (Signatures of the donor and the trustees)