Rights of a shebait in property dedicated to deity are based on the purpose and intention of the shebait in utilising the property for the benefit of the deity.
Table of Contents
Rights of a Shebait in Property
A Shebait is any person who serves and supports the deity and works as a manager of the debuttar property and shebait rights define how shebaits should perform their duties. The properties like the temple or any other land or property which is vested with the deity are managed by the shebait and this is how the rights of a shebait in property are created.
A shebait is the only person who has the power to talk on behalf of the deity that is the god or goddess. He has the power to deal with all the affairs of the deity. To understand how debottar or debutter properties work in West Bengal and Kolkata, you must consult one of the best property lawyers in West Bengal who has experience in such matters.
The Rights of a Shebait in Property can be as:
- The ministrant of the deity
- Its manager
As the ministrant of the deity, the shebait is the one who has to do the puja and perform other religious functions for the deity. As its manager, the shebait may have to perform other ancillary functions for the benefit of the deity, including the selling of the property for the benefit of the deity.
Relationship between Shebait and Deity:
Shebait and deity have a great nature in their relationship. Shebait rights in property are important to understand with the help of a reputed property lawyer in West Bengal. Shebait works as a manager on behalf of the deity. Shebait looks after the requirements of the deity and controls the properties of the deity.
It is thought that the properties belong to the deity but in the real sense, the properties are vested with the Shebait who can nurture the properties as he likes and according to the requirement of the deity. Shebait and Deity play the role of the two sides of a coin. There is no value of the Shebait without the deity because Shebait performs his duties for the deity and enjoys the property of the deity.
Shebait’s Right of Possession and Alienation of Property:
Since it is considered that the deity is the owner of the property, the deity requires a human personality or any living person to act on behalf of the deity. He is given the power to provide service to the deity or the idol and work for the benefit and preservation of its property. A real estate lawyer in West Bengal and Kolkata can guide you about the rights of possession and alienation of debottar property.
The rights of a shebait in property of the deity are limited to utilising the same for the benefit of the deity. Further, any person cannot be termed as a shebait unless there is a lineage to the same. Further, there are limited conditions under which a shebait can dispossess or alienate the shebait rights.
Sri B.K Mukherjee in his book “The Hindu Law of Religious and Charitable Trusts” has specified some conditions under which the office of the shebait can be delivered to any other person:
- When there is no pecuniary benefit and the transferee is the next heir of the transferor and suffers no disqualification relating to the performance of the duties.
- And where the delivery is made in the interests of the deity.
- And also where a valid institute is proved sanctioning alienation of shebaiti right with a limited circle of purchasers who are potential shebaits of the deity.
Rights of a Shebait
Overall, the rights of a shebait are well documented but it is only through the court’s permission that a shebait can alienate his rights. Shebait works as a manager on behalf of the deity. Shebait looks after the requirements of the deity and controls the properties of the deity. There are legal aids to solve disputes of shebait and deity and the courts can intervene if such sale or alienation of deity property occurs.
Further, a sale or alienation of the rights of a shebait in the property of the deity can be allowed through a public auction process. This is well documented in several judgments of the Hon’ble courts in West Bengal and most recently in Asis Mitra v Sibani Dutta in CSOS 5 of 2019. To learn more about the process of selling debutter property dedicated to deity, you may read here. For more help regarding shebait rights, please contact us here.