Kalyan Jyoti Sengupta

( 1 ) THIS summon was taken out originally by one Debabrata Bose, since deceased being the son of the settlor of the subject trust posing a number of questions for opinion of this Court, the questions are as follows :- (a) Was the Settlor entitled to confine the right of Shebaitship only to his lineal male decendants? (b) Whether all heirs (male or female) of sisters of the plaintiffs no. 2 are entitled to become beneficiaries of the Estate ? (c) Whether the female heirs of the deceased brothers of the plaintiff No, 2 can claim to be beneficiaries of the Estate ? (d) Whether female heirs of the Settlor can be excluded from shebaitship by virtue of Clause 2 iii (b) of the said Deed ? If not, what is the effect of Clause 2 iii (b) of the Deed Trust? (e) Whether Clauses 11 of the said Deed is valid, binding and enforceable on the heirs of the Settlor and if so to what extent? (f) At present, who, amongst the plaintiff No. 2 and the defendants are eligible to represent in the process of election of the board of Trustees? (g) Whether the female heirs of the Settlor or any of them are/ is entitled to be Trustees/trustee of the said Estate? (h) Whether in the absence

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