Shergill & ors v Khaira & ors [2014] UKSC 33

Wills & Trusts Law Reports | December 2014 #145

The case concerned Gurdwaras (Sikh temples) which were established under the discipline and headship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji, the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal (the First Holy Saint). Responsibility for the management of the Gurdwaras was given by the First Holy Saint to various individuals (some described as trustees), with the First Holy Saint having the authority to change any trustee, management member and the whole management system at any time. Numerous documents relating to the ...

Charity Law: Staying out of it

Mark Herbert QC discusses the implications of Shergill v Khaira ‘The court will still not adjudicate on the truth or validity of religious beliefs, but it must not shy away from deciding on their existence where that is necessary in order to determine legal issues which are themselves justiciable.’ In Shergill v Khaira the Supreme …
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Khaira & ors v Shergill & ors [2012] EWCA Civ 983

Wills & Trusts Law Reports | December 2012 #125

In October 1987, the Birmingham Gurdwara (a Sikh place of worship) was purchased by four individuals and then by a deed dated 15 January 1991 the original trustees declared trusts of this property. They were trustees of the religious organisation following the teaching of His Holiness the First Holy Saint resident at Nirmal Kutia in the Punjab India ‘or his successor’. Clause 5 of the trust deed allowed the First Holy Saint ‘or his successor’ to remove trustees and appoint new trustees.

Sant Baba Jeet Singh Ji Maharaj (the ninth claimant) purported to retir...