The trustees of a charitable trust have the implied power to change the name of the trust if such change is in the best interest of the trust and promotes its objects.

( 1 ) THIS is an application under Section 7 of the Chritable and Religious triust Act 1920 (for short, the Act) by the petitioner -who is the Chairman and Author of the Trust known as Hindu Heritage Research Foundation. (Sanatan Dharma Shodh Pratishthan) seeking opinion advice of direction for changing the name of the said Trust to India Heritage Research Foundation,

( 2 ) BY a Trust Deed dated January" 19,1989. the petitioner Swami Chidanand Saraswati set up the aforesaid Trust, The objects of the Trust are given in para No. 5 of the Trust Deed, which are as follows:-

" (I) to prepare and publish a multi volume encyclopedia and other publications; (ii) to promote exchange of scholars between India and the rest of the world; (iii) to encourage and promote education all round, for the development of spiritual values and character; (iv) to advance and promote any other object of spiritual and charitable nature; (v) to infuse spirit in the people of India to effectively discharge their fundamental duties assigned under the Constitution of India, specially under Clauses (e), (f), (h) and (j) of Article 51-A and as given below: (a) to promote harmony and the spirit of common brotherhood amongst all the people. (b) to value and preserve the rich heritage of Indian culture. (c) to develop the scientific temper, universal love and the spirit of inquiry and reform. (d) to strive for excellence and service in all spheres of individual and collective activities. (vi) to organise social service. activities that are geared to relieve human sufferings without restriction of caste, creed, religion or nation: (vii) to cary on activities for charitable purposes including relief of the poor, education, medical relief and the advancement of any other object of general public utility and such other activities as may be permitted for charitable purpose under the Income-Tax Act, 1961. "

( 3 ) A reading of the objects show, that the Trust is meant, infer alta to render service to the humanity, preserve the cultural heritage of India, ameliorate suffering of the people foster the bonds of brotherhood amongst them. In the petition it is stated that the Trust was set up for the benefit of entire man-kind without any distinction of caste, creed, religion and nation. It is further stated that the name of this Trust in Hindi is sanatan Dharma Sanskrit Shodha Pratisthan, which means universal dharma and is not confined to any particular religion. Petition further avers that English rendering of the name of the Trust, which has been mentioned in the Trust Deed, is hindu Heritage Research Foundation . According to the petitioner, the word hindu as used in the said Trust Deed is being misunderstood by the General Public to mean, hindu as a specific religion, which is contrary to the intention of the petitioner. It is further stated in the petition that "the petitioner as well as the Trustees of the Trust are of the considered view that the name of the charitably Trust may be redefined as India Heritage Research Foundation . The petition maintains that the Trustees passed a resolution dated January 27, 1991, approving the change of the name of the Trust.

( 4 ) IT seems that the petitioner and trustees are not sure as regards their power for effecting the necessary change in the name. The Trustees through the petitioner, therefore, in order to seek clarification and clear the misunderstanding about their own power to change the name, have come up to this Court under Section 7 of the Act for appropriate opinion, advice and direction.

( 5 ) THE petition is supported by affidavits of each one of the Trustees. A copy of the aforesaid resolution of the Board of Trustees has also been filed. The relevant portion of the resolution reads as follows:

"the issue of change of name of the Trust to india Heritage Research Foundation was further discussed. Mr. Kumar stated that since there was no specific power provided in the Trust Deed, it would be a