shebait
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
- Dharma and the sources of Hindu law (Family Law I - Hindu Law)
- Hindu religious and charitable endowments (Family Law I - Hindu Law)
- Legal personality: natural and juristic persons (Jurisprudence)
- Legal personality: natural and legal persons, the unborn, the dead, animals, and the theories (Legal Concepts)