Partition of Debuttar property not partible or transferable in deviation of the line of succession or otherwise.

Calcutta High Court Upholds Non-Transferability of Shebaitship Rights. Court Declares Deed of Transfer Void, Reinforces Principles of Hindu Law on Debuttar Properties

In a significant ruling, the Calcutta High Court has reaffirmed the non-transferability of shebaitship rights and the inalienable nature of debuttar properties, marking a decisive stance on the interpretation of Hindu Law regarding religious endowments. The Division Bench, comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, delivered the verdict on November 17, 2025, in the case of Smt. Ashalata Chakraborty v. Sri Sri Iswari Siddheswari Kalimata Thakurani.

The case revolved around the disputed transfer of shebaitship rights by Sukumar Chakraborty, one of the heirs of the original settlor, Sarat Chandra Chakraborty. The 1996 deed attempted to transfer these rights exclusively to the heirs of another son, Rajkumar, in contravention of the 1958 Deed of Settlement that governed these religious duties.

The court held that such a transfer was "void ab initio," as it violated the line of succession mandated by the 1958 deed and established legal principles. The judgment emphasized that shebaitship rights, being hereditary and akin to heritable property, cannot be alienated or transferred contrary to the deed's stipulations or the line of succession.

The court further clarified that debuttar properties, dedicated to deities, vest ownership in the deities themselves, rendering any partition or transfer impermissible. The ruling also underscored the intention of the settlor as paramount, as outlined in the deed, which explicitly prohibited the 'Pala' system and required joint performance of religious duties.

The appeal by the appellants, who sought to validate the 1996 transfer deed, was dismissed, and the trial court's decree was upheld. The court affirmed the judgment of the learned Civil Judge (Senior Division) at Howrah, thereby reinforcing the principles of Hindu Law regarding religious endowments.

This judgment is poised to have far-reaching implications on the governance of religious endowments and the management of debuttar properties, ensuring that the sanctity of the original settlor's intentions and traditional succession laws are preserved.

Bottom Line:

Shebaitship rights and Debuttar property cannot be alienated or transferred contrary to the line of succession or the terms of the deed governing such rights.

Statutory provision(s): Hindu Law (Mulla, 22nd Edition), Section 411, Section 412

Smt. Ashalata Chakraborty v. Sri Sri Iswari Siddheswari Kalimata Thakurani, (Calcutta)(DB) : Law Finder Doc Id # 2809576