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Nisha Khanna (Lawyer)     14 March 2024

Renovation of temple in society

We already have an temple inside our housing society, we want to know how to manage the temple?
1. Managing Committee can manage directly?
2. Does the Temple need to be registered as a society?

 



Learning

 3 Replies

Kartikey Tiwari   14 March 2024

Here's how to approach managing the temple within your housing society:

 

Management Structure:

 

Managing Committee: Yes, the managing committee of your housing society can directly manage the temple. This is a common approach for smaller temples within residential areas.

 

Temple Committee: You can also consider forming a separate temple committee. This committee would function under the umbrella of the managing committee and be responsible for the temple's day-to-day operations, finances, and upkeep.

 

Registration: As for registration, temples are often registered as NGOs in India, and they can be registered as a Trust, Society, or a Section 8 Company. The choice depends on the structure and objectives of the temple. If the temple is established by a group of individuals and serves a larger community, registering as a society might be beneficial. This provides a formal structure and could potentially offer tax benefits and a clear legal standing

 

Smaller Temples: If the temple has limited income and activities primarily serve residents, registration might not be necessary. The managing committee can handle finances through the society's accounts.

Larger Temples with Donations: 

For temples receiving significant donations or conducting elaborate rituals, registering as a society offers greater transparency and accountability in managing finances.

Additional Tips:

Resident Consensus: Ensure a clear majority of residents approve the chosen management structure and any registration decisions. This fosters cooperation and avoids future conflicts.

Rules and Regulations: Establish clear rules regarding temple use, timings, noise levels, and cleanliness. Communicate these effectively to all residents.

Financial Transparency: Maintain transparent financial records for the temple, accessible to residents upon request. This builds trust in the management.

Local Laws:

It's advisable to consult your society's bylaws and any local regulations regarding religious structures within housing societies.

Nisha Khanna (Lawyer)     14 March 2024

Thankyou so much. This offers great help 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

First of all confirm if the society has obtained permission to construct a temple within the apartment complex from the local civic body.

The construction of an unauthorised structure in the common area is an illegal act.

All the members of the society have equal rights in the common areas  hence a decision to construct the temple within the complex should have been taken only on approval of two third majority through a general body meeting

If there is an unauthorised structure in the name of temple inside the society then the people responsible for it should get it legalised by getting the temple land registered by a deed duly executed by the donor.

Since this common area has been transferred to local civic body as a gift deed by a registered deed, then the local civic body becomes the owner of this land above which the temple is reportedly built. 

If you start this topic then there may be plenty of legal complexities to be managed hence let the society decide about all the issues that may arise out of this situation in a meeting of the general body


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