Shebaitship - Law Dictionary Search Results
Home Dictionary Name: shebaitshipShebaitship
Shebaitship, property dedicated to an idol vests in it in an ideal sense only; ex necessitas, the possession and management has to be entrusted to some human agent. Such an agent of the idol is known as shebait in Northern India. The legal character of a shebait cannot be defined with precision and exactitude. Broadly described, he is the human ministrant and custodian of the idol, its earthly spokesman, its authorised representative entitled to deal with all its temporal affairs and to manage its property. As regards the administration of the debutter, his position is analogous to that of a trustee; yet, he is not precisely in the position of a trustee in the English sense, because under Hindu Law, property absolutely dedicated to an idol, vests in the idol, and not in the shebait. Although the debutter never vests in the shebait, yet, peculiarly enough, almost in every case, the shebait has a right to a part of the usufruct, the mode of enjoyment; and the amount of the usufruct depen...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Succession to this office
Succession to this office, the word 'succession' in relation to property and rights and interests in property generally implies 'passing of an interest from one person to another' vide in re Hindu Women's Right to Property Act, 1941). It is now well-established that the office of a hereditary trustee is in the nature of property. This is so whether the trustee has a beneficial interest of some sort or not. (See Ganesh Chander Dhur v. Lal Behari, AIR 1936 PC 318: 71 MLJ 740 and Bhabatatini v. Ashalata, AIR 1943 PC 89: 46 BLR 212) Ordinarily a Shebaitship or the office of Dharmakartha is vested in the heirs of the founder unless the founder has laid down a special scheme of succession or except when usage or custom to the contrary is provided to exist, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
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