EHMCC Charity Trustees – Clarification

Dear Members and Devotees of Edinburgh Hindu Mandir & Cultural Centre (EHMCC),

As many of you are aware, questions were recently raised regarding the legal structure of EHMCC, the identity of the Temple trustees, ownership of Temple assets, and legal responsibilities under Scottish charity law.

Historically, the EHMCC Committee operated with the understanding that the elected Executive Committee members collectively function as the charity trustees responsible for the governance and administration of the Temple.

However, Mrs Suman Vohra recently stated that there are five existing trustees of the Temple, namely:

• Mrs Suman Vohra
• Mr Dxxx Jxxx
• Mr Nxxx Fxxx
• Mrs Sxxx Vxxx
• Mrs Nxxx Cxxx (Deceased)
• Mr Axxx Lxxx (Deceased)

Other names have been partially masked as those individuals have not publicly come forward or made any formal claim regarding trusteeship.

It is important to note that Mrs Suman Vohra has not publicly asserted or exercised any claim of trusteeship for approximately the last 10 years. However, during the current incorporation process, trusteeship claims were suddenly raised, creating uncertainty and confusion within the community.

Because of these claims and the resulting uncertainty, EHMCC had no option but to seek independent legal clarification from specialist Scottish charity solicitors. This has resulted in approximately £1,500 (including VAT) of Temple/public funds being spent to obtain formal legal advice and protect the interests of the charity and the wider community. Please note that this cost may rise as well, considering Mrs Suman Vohra has decided to challenge this decision.

In light of these developments, several important questions required professional legal clarification:

1. Can a Trustee stand in elections and simultaneously hold positions such as President or Vice-President?
2. Who is the legal custodian of the Temple property and assets?
3. In a worst-case scenario involving financial, legal, or regulatory matters, who bears the legal liability?
4. What authority or role do Trustees have in decisions relating to the incorporation or restructuring of EHMCC?
5. Who legally governs the Temple?
6. Who holds responsibility for Temple assets?
7. Who carries legal accountability under Scottish charity law?

In order to avoid confusion, speculation, and differing interpretations within the community, EHMCC formally instructed an independent Scottish law firm, LINDSAYS LLP, to review the legal position of the Temple and provide professional advice.

The full Advice Note has now been received and is attached for all members to read in detail. Below is a summary of the key conclusions.

SUMMARY OF LEGAL ADVICE

• EHMCC is currently an unincorporated association and does not have a separate legal identity.
• The Executive Committee members are the legal charity trustees of EHMCC.
• Historical or “founding trustees” do not automatically retain legal authority.
• Current office bearers hold Temple property on behalf of EHMCC, not personally.
• Legal and financial liability currently rests with individuals acting for EHMCC, mainly the Executive Committee.
• Decision-making authority rests with the Executive Committee.
• The solicitor strongly recommends incorporation as a SCIO to provide legal clarity, limited liability, and modern governance protection for the Temple and community.

The Committee believes it is important that all members are informed transparently and accurately based on independent professional legal advice rather than assumptions or informal interpretations.

We encourage all members to read the attached Advice Note carefully.

The objective of this process is not division, but clarity, protection of the Temple, and ensuring strong governance for future generations.

We respectfully request all members to continue supporting EHMCC with unity, dignity, and mutual respect as we move forward together.

EHMCC Committee