• Illegal sale of Debuttar property by the Shebiats to a contractor

Hello, We had been living at a Debutter property in Park Street for 40 years. The rent was given to a person represented by the Shebiats, Kurshid Anwar (in his name). However after an ex-party, EjEx order by the CCCourt in 2007, against Kurshid Anwar, we came to know that the said property was sold to a Muslim, named Akhtar Mahmood, who is an illegal contractor. We sat at the said place till the Deputy Mayor Iqbal Ahmed, intervened and made Akthar Mahmood draw a rent receipt for the residents.

However, last week some goons along with the contractor visited the premise and asked us to vacate the said property within December 2017, without any agreement of handover after construction, we have been living since 1970, stating that it is sold to them for construction of a G+7 commercial-cum-residential complex. The property is of 8 Cotthas under Park Street jurisdiction. 

My question is, Is it possible to challenge the sale? The sale was done with hands in glove with the illegal contractor and the Shebiats of the Debutter property. It is also understood that lots of facts were not disclosed to the Ld. Court. I do not have any paper of the order (just knew it verbally), nor the case number. However the EjEx of the CCCourt which was ex-party (Since Kurshidm Shebaits and the Contractor were all in conspiracy) is with me. What rights do I have a tenant? How should I proceed legally to attain the same and override the verdict of this illegal sale?
Asked 6 years ago in Property Law
Religion: Muslim

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8 Answers

1) A shebait is a mere manager, not the owner of the debutter property,

2)affairs of the Deity could be managed through Shebaits/Sarvakars/Managers appointed in accordance with the Deed of Dedication, who are simply managers to manage the properties vested in the Deity (Almighty). Shebait is a person, who is appointed according to Deed of Dedication, to give effect: to the terms and conditions contained therein and to perform Rag, Bhog and Worship and other connected affairs and to protect the properties vested in Deity (Almighty) not to alienate the same. Gift once made to the Deity is irrevocable on any ground.

3)In the Hindu Minority and Guardianship Act, Section 8(2) is also there which says that if the property is vested in Hindu Minor, it could be transferred with the prior permission of the District Judge. So far as the deity is concerned, it is always considered a minor a juristic person’ who is represented through Shebait/Sarvakar/Manager and in case of a minor in the Hindu Law protection has been given to minor to the effect that the property cannot be sold without permission of the District Judge. The question under consideration is whether such protection could also be available to deity who is also minor or whether there could be such restriction on the Shebait who manages the affairs of the deity a ‘minor’.

4) you can challenge the sale of property by the shebait

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You could challenge this sale by may of filing a civil suit for cancellation of this sale.

Also, if you've been dispossessed, seek your possession through the aide of the court.

Contact a local Lawyer dealing with civil matter.s.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File a civil suit in order to challenge the said sale of property by shebait also in the interim relief ask the court to provide you the possession since you have been dispossessed.

Contact a local lawyer of Civil Side.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No it is not possible for you to challenge the sale since you are a tenant simplicitor. However since you have been paying rent for your possession in the property you can file a suit in the city civil court at calcutta for declaration and injunction in order to protect your tenancy right.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.9 on 5.0

1. First file a suit fo declaration wherein claim for injunction so you may not be forefully evicted fr0m the premsies by the goons.it is essential to esure your peacefuossession so you can fight for long battle.

2. Without the permission of court of violating the terms of Deed the debutter proepry can not be trasnferred.

3. So if the trust deed is seen then further course of action including a suit for setting aside the sale the deed to the developer can be advised.

4.So for further assistance you may show the relevant papers.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Hi, it is advisable to lodge a police complaint as they cannot evict you forcefully from the premises .. Legally , they Should file a suit for eviction , but cannot use force to vacate the property ...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. How the Sebait of a debuttar property was a person who can not perform Puja to the concerned Deb?

2. How the rent was given not to the trust but to the representative of the Sebait?

3. Who had sold the Debattur property to Mr. Akhtar Mahmood when debuttar properety can not be sold unless mentioned in the trust deed?

4. It is certainly possible to challenge the sale of the said Debattur property.

5. All the documents relating to the Debattur property, the Debattur Trust, the sale deed etc are required to be seen for further advising in this regard.

6. Debattur property can not be sold ordinarily. So, unless you can prove that Akhtar Mahmood was the bonafide title holder of the said Debattur property, you can not justify yourself as his tenant.

7. Collect all the relevant documents and challenge the said sale and also appeal against the ex-parte order passed against you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

In accordance with Indian Law, any property absolutely dedicated to Hindu religious or charitable purpose is called Debutter Property. Debutter means literally belonging to a deity.

The person who manages the debutter property is known as the Shebait in Bengal.

The Shebait is not really a manager although in English he is referred to as the manager. The Shebait is more like trustee since he is the holder of an office of dignity and God.

There is no provision that obliges a shebait to take prior permission of any court for alienating a property owned by the deity, it is only that if the alienation is challenged at a future date, the alienee, in spite of the order, will have to prove as a fact that there was legal necessity for the transfer or that he made enquiries and was reasonably satisfied that such necessity existed. A shebait is not a trustee in the proper sense of the word and the Indian Trusts Act, 1882 has no application to the case of a Hindu religious endowment. The court, therefore, has no jurisdiction to grant an application by a shebait to sanction his transaction on the ground of necessity.

Since the matter has been decided exparte, you implead yourself as a party to the suit and get the exparte restored and fight your your case by getting impleaded in it.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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