cover image: The Calcutta Weekly Notes  Monday  May 31  1943

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The Calcutta Weekly Notes Monday May 31 1943

1943

The grant exhausted itself after the death of the third and it was held that the office then vested in the four surviving sons only and not in those sons as well as in the heirs of the deceased sons. [...] The decision was put on the ground that since a shebait completely represents the idol after grant of the shebaitship partial though it was no vested remainder of the shebaiti was left in the founder and it could not be that on his death all his sons took a vested interest subject to the rights of the named grantees. [...] That ground is that if ’ the last grantee is also at the same time the sole heir of the founder so that the whole of the interesin-remainder in the shebaiti has devolved on him by inheritance his position is that of an absolute shebait and on his death the shebaitship would go to his heirs and not to the heirs of the founder. [...] " on the death of the grantee the heir of the founder living at the time is entitled to the shebaitship":—the language of Sir Asutosh Mookerjee as parphrased by Sir George Rankin. [...] " Hears of the founder " dr " heirs of the founder at the time " who are the net takets are therefore not the originAl heirs then surviving or persons who would be halt if the founder bad 44ed at that Moblent but all the perionc' whom the estate of the fOunder has by that time reached by succession that is to say pesons who were the heirs of the founder at his death and the descendants of
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday May 31 1943
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