AIR 1951 CALCUTTA 490

Calcutta High Court

Hon'ble Judge(s): D. N. Das Gupta , J

(A) Hindu Law - Religious endowment - Shebait - Transfer of right of office . Transfer of Property Act (4 of 1882) , S.6— a shebaitship cannot be transferred unless the result of the transaction is the same as renunciation by a shebait of the entire rights as shebait resulting in the acceleration of the interests of the persons next in the line of succession. But if the transferor retains a portion of his rights as shebait and transfers the remaining portion, even if such transaction be to the next heir in succession, such a transfer cannot be upheld. It is repugnant to the very conception of a shebaiti right which consists of office and property inseparably mixed up and blended together.(Para 19) The doctrine of benefit of the deities applicable to the case of a transfer of the corpus of the debutter property cannot be extended to the case of a transfer of the right of shebait.(Para 23) Even if the doctrine of necessity can be extended to an alienation of the rights and duties of a shebait, it must be a case of "imperious necessity" or an "unavoidable necessity" compelling the shebait to alienate, such an alienation being clearly "for the benefit of the deity"(Para 23) Whether a pala is a property or not it is not alienable except by custom.(Para 25) ....