ALIENATION IN MORTMAIN Meaning and
Definition
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Alienation in mortmain refers to the legal restriction or prohibition on transferring ownership of property to a religious, charitable, or other permanently non-profit organizations. This concept is primarily rooted in common law and historical practices, aiming to prevent a perpetual accumulation of wealth and property by such organizations.
The term "alienation" refers to the act of transferring or disposing of property to another person or entity, while "mortmain" denotes the condition of property held by religious institutions or similar organizations, with no possibility of reversion to the grantor's heirs. The purpose behind prohibiting alienation in mortmain is to maintain a balance between the rights of individuals and the community's interest in preventing excessive concentration of wealth or power.
The restriction typically operates through legal mechanisms such as statutes, regulations, or charters that explicitly prohibit or limit the donation or bequest of property to organizations in perpetuity. These legal restrictions may require specific procedures or permissions to be obtained for transferring property, ensuring that a balance is maintained between societal needs and individual rights.
Alienation in mortmain helps prevent the monopolization of property and the accumulation of wealth by religious or charitable institutions, ensuring that these assets remain accessible for the benefit of the wider community. By imposing limitations on these transfers, society seeks to promote a more equitable distribution of resources and prevent potentially negative consequences associated with excessive concentration of property ownership.
