India boasts a diverse range of real estate assets, each with its unique economic and cultural significance. One such category is debutter property, which is property dedicated to deities and is legally recognised in Bengal. The management and transfer of these properties are influenced by laws. Understand the meaning of debutter property and find out whether it can be sold.
Debutter property: Meaning
In Hindu law, debutter property refers to properties or assets dedicated to a deity. These properties are not owned by individuals and are considered to belong to the deity. The term ‘debutter’ comes from the Bengali language, where ‘deb’ means deity and ‘utter’ means property. Trustees or priests manage these properties, ensuring that the assets are used for religious purposes and the worship of the deity.
Can debutter property be sold?
Debutter property cannot be sold since it is dedicated to a deity and is not intended for private ownership. The transfer or sale of debutter property is heavily restricted to ensure it continues to serve its religious purpose. The Debutter Property Management Act 2013 outlines the regulations for managing such properties and specifies the exceptional conditions under which a transfer might be allowed. Nevertheless, courts can permit the sale of debutter property in rare situations, such as when the property is no longer productive or if selling it would enhance the deity’s service. Court rulings have, in certain cases, authorised the sale of these properties.
Judgement of the Supreme Court on sale of debutter property
The Supreme Court of India has ruled on several cases involving the sale and transfer of debutter property, setting important legal precedents. One significant judgement is the case of Angurbala Mullick v. Debabrata Mullick (1951). In this case, the Supreme Court determined that debutter property could only be sold if it served the best interest of the deity. The Court emphasised that any sale or transfer must prioritise religious benefit, ensuring that it supports the deity’s service and worship requirements.
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Debutter property, dedicated to deities and primarily found in Bengal, is a unique category of real estate with significant cultural and religious importance in India. Managed by trustees or priests, these properties are intended solely for religious use and worship. The sale or transfer of debutter property is prohibited to preserve its religious purpose. However, exceptions can be made under specific conditions, such as when the property becomes unproductive or when selling it benefits the deity’s service. The Supreme Court of India, through landmark judgments, has established that any decision to sell debutter property must prioritise the deity’s best interests and religious benefits.
FAQs
What is debutter property?
Debutter property refers to assets or properties dedicated to a deity in Hindu law. These properties belong to the deity rather than an individual and are managed by trustees or priests to ensure their use for religious purposes.
Can I sell debutter property?
Debutter property cannot be sold since it is dedicated to a deity and is meant to serve religious purposes. However, courts may allow the sale under exceptional circumstances, such as when the property becomes unproductive or if selling it would enhance the deity’s service.
Who manages debutter property?
Debutter properties are managed by trustees or priests known as shebaits. They are responsible for ensuring that the assets are used appropriately for the worship of the deity and other related religious activities.
What laws govern the management of debutter property?
The Debutter Property Management Act 2013 provides guidelines for managing debutter properties. It outlines the regulations and conditions under which these properties can be transferred or sold, ensuring that they continue to serve their religious purpose.
What was the significance of the Supreme Court case of Angurbala Mullick v. Debabrata Mullick (1951) regarding debutter property?
In the case of Angurbala Mullick v. Debabrata Mullick (1951), the Supreme Court of India ruled that debutter property could be sold only if it was in the best interest of the deity. The Court emphasised that any sale or transfer must prioritise religious benefit and support the deity’s service and worship needs.
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