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shebait

Sanskrit · SHAY-bite · Family and succession

Meaning. The person who manages the property and worship of a Hindu idol (deity).

A Hindu idol is a juristic person that can own property, but it acts through a human manager, the shebait. The shebait performs the worship and manages the debutter (endowed) property. He is not a trustee in the English sense because the property vests in the idol, not in him, yet he owes duties of care to the deity.

In Angurbala Mullick, the Supreme Court held that shebaitship combines office and property: it carries a beneficial interest and, unless the founder has laid down a line of succession, devolves on the founder's heirs under Hindu law. A shebait cannot alienate debutter property except for legal necessity or the benefit of the deity.

Example

Because the founder named no line of succession, the office of shebait passed to his heirs under the ordinary law of inheritance.

In Indian law

See also

legal personality · trust · mutawalli · sui generis

Read more in the study notes

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