RAM RATTAN (DEAD) BY LEGAL REPRESENTATIVES versus BAJRANG LAL & ORS.

RAM RATTAN (DEAD) BY LEGAL REPRESENTATIVES versus BAJRANG LAL & ORS.

The hereditary office of Shebait, including the right to worship by turn, is classified as immovable property by Hindu law and judicial precedents. A deed purporting to gift such an office must be registered and duly stamped under law. The unregistered, unstamped gift deed is inadmissible in evidence, and the High Court rightly excluded it.

Parties
Appellant: Ram Rattan (dead) by legal representatives; Respondents: Bajrang Lal & Ors.
Jurisdiction
India
Judgment Date
05 May 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Rajasthan High Court Second Appeal
Outcome
Appeal dismissed
Legal Topics
Admissibility of Documents, Registration Requirement for Gift of Hereditary Office, Nature of Shebait's Office, Stamp Duty on Property Transfer
Property Law Religious Endowments Stamp Act Registration Act Admissibility of Documents Registration Requirement for Gift of Hereditary Office Nature of Shebait's Office Stamp Duty on Property Transfer

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Parties

Ram Rattan (dead) by legal representatives

Appellant

Bajrang Lal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Rajasthan High Court Second Appeal

Legal Issues

  1. 1 Whether the deed transferring the hereditary office of Shebait requires registration and stamping; whether the office of Shebait constitutes immovable property; whether the gift deed is admissible in evidence without registration and proper stamping

Ratio Decidendi

The hereditary office of Shebait, including the right to worship by turn, is classified as immovable property by Hindu law and judicial precedents. A deed purporting to gift such an office must be registered and duly stamped under law. The unregistered, unstamped gift deed is inadmissible in evidence, and the High Court rightly excluded it.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs