Our church property in Kozhikode is claimed by a rival faction, can the state intervene under the church property law?
NI Asked by Nisha Bhatt from India
Quick Answer
Church properties are generally governed by the state's religious endowments framework under Kerala Rent Control Act 1963 read with the Societies Registration Act applicable in Kozhikode.
Detailed Legal Analysis
Church properties are generally governed by the state's religious endowments framework under Kerala Rent Control Act 1963 read with the Societies Registration Act applicable in Kozhikode. The Kerala High Court has held that the state must remain neutral in doctrinal disputes but can regulate secular administration.
You can approach the civil court for a declaration of title and injunctive relief. The state can register the property in the name of the lawfully constituted trust.
Alienation of church property requires the trust's resolution and prior sanction where the statute mandates. The court can appoint a receiver to manage the property pending dispute resolution.
Arbitrary interference by the state is challengeable before the Kerala High Court.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.