In case of creation of an endowment by will a written deed is necessary. The will must be in writing attested by at least two witnesses if the case is governed by the Indian Succession Act, but the creation of a trust for the purpose is not necessary.
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Although no religious ceremony such as Sankalpa or Samarpana is necessary yet a clear and unequivocal manifestation of the intention to create the endowment is required to constitute dedication.
ADVERTISEMENTS:
A mere entry in the account book of a firm of money lenders showing that the firm is indebted to the temple allowed by crediting of interest does not create an endowment. Even in tine case of dedication to an idol it is not required that the property may be allowed to vest in the trustees. Mere express intention is sufficient and Sankalpa and Samarpana is not necessary. As in English law it is not necessary under Hindu law that the property may be made to vest in the trustees.
However specific evidence will be required to prove the creation of an endowment in absence of such a trust where endowment is created for the benefit of idol, the idol being a legal person, the stipulation that the benefit shall vest in the trustees, will not affect the liability of the endowment. Any Hindu can dedicate whole of his property to a religious endowment by a will or gift and no Hindu can object the dedication of the whole property to such an endowment. A pond can also be a subject of public endowment.