Supreme Court of India · 1974-08-16
KALI KINKOR GANGULY vs PANNA BANERJEE AND ORS.
- Citation / case number
- SC 1973/60190
- Court
- Supreme Court of India
- Petitioner
- KALI KINKOR GANGULY
- Respondent
- PANNA BANERJEE AND ORS.
- Bench
- RAY, A.N. (CJ)
Judgment text excerpt
The Supreme Court held that while the shebaiti right is heritable, it cannot be freely transferred for pecuniary consideration. The Court dismissed the appeal, affirming that the transfer of shebaiti rights to G was illegal as it violated the principle that such rights cannot be sold for monetary gain. The ruling clarified that the doctrine of necessity does not apply to the alienation of spiritual rights and duties, which are against public policy and void from inception.