Page:Isvar Chandra Vidyasagar, a story of his life and work.djvu/528

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DEVATRA PROPERTY.

undue powers on Trustees, and prescribes that it is not necessary for purchasers or mortgagees of Devatra property to enquire into the necessity or expediency of the sale or mortgage or to see that on more than is absolutely required is raised. With such unlimited powers on the part of Trustees, and freedom from all responsibility on that of the purchasers or mortgagees, the property may probably be liable to misappropriation against which it is absolutely necessary to guard. I believe that the Law in regard to the disposition of other Trusts enjoins upon purchasers or mortgagees to make reasonable enquiries about the immediate necessity for the alienation. The benefit to be conferred or the danger* to be averted by alienating a portion of the Trust property must be the criterion by which the validity of such alienation is to be judged. With such provisions in cases of other Trusts, it is not clear why similar conditions should not be attached to transfers of Devatra Trusts. I would therefore take the liberty to suggest that section II may be so modified as to guard against any possible chance of misappropriation. With such modifications, the Bill would, I believe, be opposed neither to the spirit of Hindu Law nor to the general feelings of the Hindu community on the subject.

Calcutta, "I have the honor to be Sir
The 6th August "Your Most obedt. servant
1866. J (Sd.) Issurchandra Sarma."
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