Kin of Roman Catholic priest can’t claim ownership of his property as it belongs to the institution: Madras HC

The Madurai Bench of the Madras High Court has held that the properties and interests acquired by a Roman Catholic priest during his religious life are to be treated as belonging to the institution/society, and his relatives have no right or interest over the same.

The court was hearing the civil miscellaneous appeals filed by ABVM Society of the Catholic Apostolate (Pallottines), Bengaluru, against the order of the Principal District Judge, Karur, that granted the succession certificate in favour of the relatives of a deceased priest to get the claim amount of fixed deposit of ₹56 lakh made by the priest in the State Bank of India, Kulithalai Branch, in Karur district.

A Division Bench of Justices N. Anand Venkatesh and K.K. Ramakrishnan said as the Biblical teaching conveys, upon entering the religious order and becoming a Roman Catholic priest, the priest had completely renounced his worldly life and detached himself from the family and severed his relationship with his family members. Whatever is acquired by a person in the course of his religious vocation is to be utilised for the institution and the religious purpose for which he has been called.

He became a follower and servant of Jesus Christ and discharged his duties as a representative of the Church.

The assets acquired by him in the course of his religious service and the amounts derived therefrom were intended for the benefit of the religious institution and could not be treated as his personal or family property. Therefore, the properties and interests acquired by the priest during his religious life are to be treated as belonging to Society, and his relatives have no right or interest over the same, the court said.

‘Breach of obligations’

The court held that the claim made by the relatives of the priest merely on the ground that they were legal heirs of the deceased, after his demise, despite their being baptized Christians and despite their own admission that they had no right over the affairs of the priest after he entered religious life, goes against the religious principles and obligations professed by Christianity and Society and amounts to a breach of the moral and the religious obligations expected of them.

The court said the Principal District Judge, Karur, failed to properly appreciate the legal effect of the deceased priest’s entry into the religious order, the source of the funds utilised for acquiring the property, and the subsequent creation of the fixed deposits.

The court said granting the succession certificate in favour of the relatives could not be sustained and set aside the order. The succession petition instituted by Society seeking recognition of its lawful entitlement to the fixed deposits in question was allowed.