Advocates:
Mr. A. K. Bhandari, Senior Adv. with Mr. Vaibhav Bhargava, Mr. M.M. Ranjan, Senior Adv. with Mr. Rohan Agarwal & Mr. Yash Vardhan Tolani, Ms. Suruchi Kasliwal with Mr. Yellop Singh

In the context of a public trust, a minor trustee is recognized as a person who holds a position of trust on behalf of a minor, such as an idol or deity that is considered a perpetual minor. The law and the court's reasoning establish that properties endowed to a deity or idol are vested in the idol itself, which is regarded as a juristic person or a legal entity in Hindu law. The trustee, such as a Mahant or Shebait, acts as a manager or caretaker of the trust property and the idol, but does not have ownership rights over the properties. The properties are deemed to belong to the idol, which is a minor and cannot manage its own affairs or execute legal actions on its own behalf.

Since the idol is a perpetual minor, the law mandates that the guardian or the State shall oversee the management and administration of the trust properties vested in the idol. The trustee’s role is limited to performing religious duties, such as seva pooja, and managing the properties only for the benefit of the idol. The trustee cannot alienate or transfer the properties vested in the idol for personal gain, as these properties are considered to be in the ownership of the deity itself, not the trustee (!) (!) .

Furthermore, the law confers a special status upon the idol as a juristic person, which means it possesses a legal personality for the purpose of owning property and safeguarding its interests. The properties are to be managed in accordance with the original endowment and the religious purpose for which they were dedicated. The trustee or Mahant acts as a de facto or de jure manager, but the ownership remains with the idol, which is a minor and under the guardianship of the State (!) (!) (!) .

In summary, a minor trustee of a public trust, especially when the trust property is vested in an idol or deity, is a managerial or custodial figure who holds a fiduciary position. The properties belong to the idol, which is a minor, and the trustee’s authority is limited to managing and protecting these properties for the religious and spiritual purpose of the trust. The trustee cannot claim ownership or alienate the properties in their own name, as the properties are considered to be in the ownership of the idol, a perpetual minor, with the State acting as its guardian (!) .