How to stop forever selling Debottar property
1 month ago
There is a property in our area which is Debottor as per the record by land and property department of West Bengal Government. The name of Sebait is not alive in that property. One of the waris of the dead Sebait along with some unscrupulous land brokers wants to sell the said property. We local people are thinking to build a temple of God on that land and make the rest a children's park for public interest. Is it possible to implement this plan of ours or what kind of legal action is required? Has such a civil law in our country that any excuse or loophole in the civil law can be used to sell the property. What should we do if we local people want to stop forever to selling that Debottar property? Please help us for implementation our auspicious initiative. Thank You.
A Debottar Property was dedicated to the deity. Deity is the perpetual minor. The sale of any debottar property without obtaining permission from the District Judge concerned is void. Shebait of the debottar property is the only person who has the power to talk on behalf of the deity that is the god or goddess and authorized representative entitled to deal with all its temporal affairs and to manage its property. As regards transfer or alienation of private debottar property, the Deptt. of Land and Land Reform, Govt. of West Bengal vide its OM dated 25/08/2021 has notified that no permission is required for alienation of private Debottar properties by Sebait for legal necessity and the benefit of deity and wherever required with the prior permission of the concerned District Judge. 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. However, for reasons necessitating raising funds to fulfill the object of the trust deed, the said property or part of it can be sold. If there is a Debottar trust formed for maintaining the said property, then the trustees shall have to make a decision on the matter. However, to do this the permission of the court is essential. If the court is satisfied with the object of selling the debotter property then it may permit to sell part of it and raise funds for public purposes. So to implement your auspicious initiative using the part of a Debottar property, you have approach the concerned District Court for an appropriate order in the matter.
Given that the property is situated in West Bengal, it is advisable to consult with a local lawyer who has expertise in property matters in the region. Local lawyers are well-versed in the specific laws, regulations, and procedures applicable to the state.
Since property is situated in west Bengal it is better to contact a local lawyer having vast experience in property matters.
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