indenture proceeds to provide for appointment of shebaits and for devolution of shebaitship in the following manner :-
"That the said Sm. Nitto Sundari Dassi ... said Mrityunjoy Mullick shall happen to die without any issue the shebaitship of the said Thakur after the death of his wife shall devolve upon
wills makes it clear that the testator left the
shebaitship undisposed of with the presumed intention that
it devolved on his natural heirs who would ... Hindu Law of succession
inapplicable in regard to the devolution of shebaitship.
Therefore, the defendant and other descendants of the
testator became co-shebaits
SINHA, J :
1. Whether right to manage a temple and/or shebaitship can be a subject-
matter of testamentary succession is the question involved ... question as to whether shebaitship can be a subject-matter of a
will came up for consideration before a Four-Judge Bench of this Court
sister's son, namely Hari Shanker, defendant No. l, bequesting the shebaitship of the temple with right to do seva and pooja of Thakurji ... founder of the temple and if he could transfer the right of Shebaitship by a will, Kewal Das could also transfer the said rights
therefore, the Shebatiship of the temple. The question is whether the Shebaitship of the temple could be said to be property. If it was property ... intention of the deceased with respects to his property, namely, the Shebaitship which he desired to be carried into effect after his death
shebaiti right by her will.
Hindu Succession Act 1956- Section 14(1) .
Shebaitship-Right to- Limited right of Hindu female
whether enlarged to the absolute ... Sabyasachi Mukharji J. 'concurring)'
1. It is well settled that shebaitship is heritable.
This Court in Angurbale Mullick v. Debabrata Mullick
respondents as to who would
be entitled to succeed to the Shebaitship of the Mandir. It
is not necessary to dilate upon the proceedings that ... thereof
and consequential perpetual injunction against the
respondents from interfering with his Shebaitship and
possession and enjoyment of the property as a Shebait
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".....However, it may be pointed out that shebaitship cannot be described as a mere
office because apart from certain responsibilities ... this personal
or beneficial interest in the endowed property which invests shebaitship with the
character of proprietary rights and attaches to it the legal incidents
where a widow's right to shebaitship as property under the Hindu Women's Right to Property Act arose for consideration, Mukher ... rights where even though no emoluments are attached to the office of shebaitship, he enjoys some sort of right or interest in the endowed property
taken to govern the endowment, particularly as regards the devolution of shebaitship. Bidhu Bhusan left the bulk of his properties to Harimohan whom he appointed ... second appeal it was decided that Jyoti Prosad had title to the shebaitship, the order of the Subordinate Judge would stand. The second appeal
