1.The debutter proeprty since is devolved upon the deity the shebaits are only care givers and not its owner.

2.However for reasons necessitating to raise fund to fulfil the object of the trust deed the said proeprty or part of it ca be sold.

3.However to do this the permission of the court is essential.

4.If the court is satisfied with the object of selling the debutter property then it may permits to sell part of it ans raise fund for public purposes.

If you need assistance on this feel free to contact.

Without the permission of court you can not give this on lease for such a long period which is akin to nothing but sale.

If someone gives this on lease then anyone having interest in the proeprty can obtain restraint order from court.

However If I could seethe trust deed then it would been easier to advise further on this account.

for sale of land belonging to temple trust prior permission of Charity commissioner is necessary

The decision to sale can be challenged if it is vitiated by fraud or collusion

3) obtain permission from charity commissioner for giving property on lease for 99 years

(iv) In The Idol of Arlmighu Thayumanaswami by Executive Officer, Tiruchi Ves. K.Arumugham and 3 Others reported in 2001(4) CTC 260 wherein Madras highCourt held that when the testator had endowed the trust properties for performance of certain specific deeds in connection with the petitioner, any alienation of the said properties is definitely a matter that would interest the petitioner temple. Therefore, the petitioner cannot be denied the right to object to the sale of endowed properties on the ground that it is not beneficial to the trust.

2) for lease of private trust property fior 99 years obtain courts permission

1. The property is Debottar property which is owned by God Mahavira Jew and you are the Sebaits of the God owing the said property.

2. The Sebaits can not legally sell their rights to perform seba since seba is not a saleable commodity. They can assign or pass on their rights to some other persons for performing the said seba.

3. The sebaits can jointly decide to give some of the property on lease for the welfare and for bearing the expenses of seba of the deity. The said property can not be sold without the approval of the District Judge.

4. If there is a Debottar trust formed for maintaining the said property, then the trustees shall have to take decision for leasing out the said property for the purpose for which the trustee has been formed.

1. You all are sebaits and neither the owners nor members of the Trusty Board for which you can not ordinarily deal with the said property.

2. However, if there is no trusty board for maintaining the said property (which will be surprising) then all the sebaits shall have to jointly agree for leasing out part of the property for earning lease fees for performing the seba of the deity.

3. Though the above step is not full proof measure for dealing with Debottar property by the sebaits, the same can be justified by constructing logic that in absence of any trusty board, the said step was required to be taken by all the sebaits for performing seba of the said deity..

If this was a trust property then the trustees can decide about this situation.

If the trust laws permit for lease or sale then the majority trust members can decide about the proposed action.

Shebaits are that persons who serve the deity, consecrated in the temple as a Devata. Shebaitship represents two parts—Maintenance of deity and management thereof. It is not only an office simply but is also accompanied with certain rights.

In spite of the fact that the position of Shebait is not like the English trustee yet his duties are similar to that of trustee. Shebait owes the duty like the manager of a religious endowment, as per the traditions towards the deity of maintaining and preserving the idol and property.

Thus the decision of majority shebaits will rule the roost for all the proposed actions with regard to this temple property.

I am aware of this basic law. I am also a shebait since my father also passed away. Now we do not wish to sell either whole or part. Our own private limited company with factory premises was given lease in one of the building which has expired. Now we 12 of us want to lease the same area including the vacant land to the school under long 99 years lease to raise money for deity seva. Can we do it? What steps can the minority group take to prevent this? Our trust is a private trust.

he Supreme Court has held in Prafulla Charan v. Satya Charan, that the property dedicated to an idol vests in it, is an ideal sense only; ex-necessities, the possession and management has to be entrusted to some human agent, called Shebait in the North. The legal character of Shebait cannot be defined with precision and exactituted. Broadly described he is the human ministrant and custodian of the idol as its earthly spokesman, its authorised representative entitled to deal with all its temporal affairs and manage its property.

As regards the administration of the debutter property his position is an analogous to that of a trustee; yet he is not precisely in the position of a trustee in the English sense because under Hindu law, property absolutely dedicated to an idol, and not in the Shebait. Although the debutter never vests in the Shebait, yet peculiarly enough, about every case, the Shebait has a right to a part in the usufruct, the mode of enjoyment and the amount of usufruct depending again on the usage and custom, if not devised by the founder.