RAMBIR DAS AND ANR. versus KALYAN DAS AND ANR.

RAMBIR DAS AND ANR. versus KALYAN DAS AND ANR.

Where the original founder of a temple has not laid down any succession line or reserved a right to revoke nomination, succession to Shebaitship vests in the heirs of the founders according to Hindu law, and nomination made by Will is effective from date of execution; a chela can only be nominated if independent and capable, and minors or adopted chelas are invalid; estate remains vested in deity and does not escheat.

Parties
Appellant: Rambir Das; Respondent: Kalyan Das
Jurisdiction
India
Judgment Date
19 February 1997
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Allahabad High Court Dated 19.3.1980 in Second Appeal No. 1940 of 1977
Outcome
Appeal No. 947/80 allowed; Appeal No. 4173/83 dismissed.
Legal Topics
Succession to Shebaitship, Temple Property, Nomination and Adoption of Chelas, Escheat, Intestate Succession, Shebaitship as Property
Hindu Law Religious and Charitable Trusts Succession to Shebaitship Temple Property Nomination and Adoption of Chelas Escheat Intestate Succession Shebaitship as Property

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Parties

Rambir Das

Appellant

Kalyan Das

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Allahabad High Court Dated 19.3.1980 in Second Appeal No. 1940 of 1977

Legal Issues

  1. 1 Whether the appellants are entitled to succeed as Shebaits of the temple in the absence of a succession line laid down by the founder.
  2. 2 Whether the cancellation of the Will nominating the appellants as Shebaits was valid.
  3. 3 Whether the adoption of defendants as chelas by Bansi Dass was valid.

Ratio Decidendi

Where the original founder of a temple has not laid down any succession line or reserved a right to revoke nomination, succession to Shebaitship vests in the heirs of the founders according to Hindu law, and nomination made by Will is effective from date of execution; a chela can only be nominated if independent and capable, and minors or adopted chelas are invalid; estate remains vested in deity and does not escheat.

Court Disposition

Appeal No. 947/80 allowed; Appeal No. 4173/83 dismissed.

Orders

  • Judgment and decree of High Court set aside; trial court decree restored.
  • Appellants (plaintiffs) declared Shebaits or sarbarkars of the temple and debutter property.