Back
IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Madhabendu Kundu – Appellant
Versus
Indra Kumar Das – Respondent
| Table of Content |
|---|
| 1. application for estate management and trustee empowerment (Para 1 , 2 , 16) |
| 2. deadlock in management due to receiver's conduct (Para 13 , 14 , 19) |
| 3. disputed rights of trustees to manage funds (Para 20 , 21 , 22) |
| 4. court grants joint trust status to heirs (Para 24 , 25) |
| 5. court orders inquiry for further management (Para 30) |
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. This application is filed praying for the following reliefs:
a) The petitioners and the other trustees be jointly empowered to act as trustees of the Debuttar Estate.
b) The petitioners in discharge of their duties as Trustees in terms of prayer(a) be empowered to take the following amongst other:-
i) to collect rent from various tenants of the properties comprised in the Debuttar Estate, situated at 21, Kanai Dhar Lane, Kolkata-700012, and 58 B, Patuatola Lane, Kolkata-700009.
ii) be authorized to incur all necessary expenses for the purpose of maintenance and upkeep of the Debuttar properties including payment of statutory taxation and outgoings in relation thereto;
iii) to perform the regular puja of the deity including all periodical festivals in terms of the deed of endowment forming part of the consent dec
Court affirms the necessity for joint management of trust properties reflecting the settlor's intentions, granting trusteeship to legal heirs and appointing a Special Officer for oversight.
Shebaitship rights cannot be transferred in violation of prior legal agreements, and debuttar properties are not subject to partition due to their dedicated nature to deities.
Shebaits of a private Debuttar estate are not required to obtain prior court permission for property development, which is their inherent authority.
The founder's heirs have the right to maintain a suit for accounts against the manager of a private religious endowment, but such a suit is not maintainable in the absence of any allegation of misman....
The court affirmed the petitioners' rights as hereditary trustees to manage the specific endowment, emphasizing the need for compliance with statutory accounting requirements and the proper procedure....
Shebaitship of a temple is property under Indian law and can be bequeathed through a valid will.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
