Issue succession paper to trust to use money in bank: Madras HC TNN | Updated: Oct 9, 2019, 10:42 IST AA Picture used for representational purpose only MADURAI: The Madras high court has directed a lower court to grant succession certificate to the Sruti Seva Trust in Madurai to make use of the money lying in a bank which was received as donations when its founder was alive. The trust was run by Swami Baswaranandha Saraswathi during whose time the donations were received in his name and the same deposited in the State Bank of India, Arasaradi branch. Saraswathi had become an ascetic by renouncing the world. After his death, the bank insisted the trust to produce a succession certificate in order to enable it to utilize the funds. The trust approached the lower court for issuance of certificate, however, the petition was dismissed on ground that the amount was deposited in Saraswathi’s name and the trust cannot be called as a legal representative. The trust then filed a civil revision petition before the high court Madurai bench in 2012, seeking to set aside the order of the subordinate judge at Madurai dated October 30, 2010. The counsel appearing for the petitioner said the moment a person takes the status of an ascetic, it is treated as a civil death and therefore the trust would have to be taken as a legal representative and succession certificate ought to have been granted. Justice N Anand Venkatesh observed that it is clear from a few earlier judgments that the moment a person becomes an ascetic and renounces the world, he severs his connection with members of his natural family and his disciples and devotees become a part of the spiritual family. “In the present case, Baswaranandha Saraswathi was receiving offerings and donations as head of the trust. Since he 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 the bank to the trust. At least, this amount would be useful for the trust to carry on with his objectives,” the judge observed. RECOMMENDED DEALS


Issue succession paper to trust to use money in bank: Madras HC
TNN | Updated: Oct 9, 2019, 10:42 IST






AA

Picture used for representational purpose only
MADURAI: The Madras high court has directed a lower court to grant succession certificate to the Sruti Seva Trust in Madurai to make use of the money lying in a bank which was received as donations when its founder was alive.

The trust was run by Swami Baswaranandha Saraswathi during whose time the donations were received in his name and the same deposited in the State Bank of India, Arasaradi branch. Saraswathi had become an ascetic by renouncing the world. After his death, the bank insisted the trust to produce a succession certificate in order to enable it to utilize the funds.

The trust approached the lower court for issuance of certificate, however, the petition was dismissed on ground that the amount was deposited in Saraswathi’s name and the trust cannot be called as a legal representative.
The trust then filed a civil revision petition before the high court Madurai bench in 2012, seeking to set aside the order of the subordinate judge at Madurai dated October 30, 2010. The counsel appearing for the petitioner said the moment a person takes the status of an ascetic, it is treated as a civil death and therefore the trust would have to be taken as a legal representative and succession certificate ought to have been granted.
Justice N Anand Venkatesh observed that it is clear from a few earlier judgments that the moment a person becomes an ascetic and renounces the world, he severs his connection with members of his natural family and his disciples and devotees become a part of the spiritual family.

“In the present case, Baswaranandha Saraswathi was receiving offerings and donations as head of the trust. Since he 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 the bank to the trust. At least, this amount would be useful for the trust to carry on with his objectives,” the judge observed.
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