ISSUE:
Whether the testator, through his will, vested shebaiti rights in the trustees or left them to devolve upon his natural heirs under Hindu Law?
Whether the plaintiffs, as trustees, had the legal standing to sue for possession of the property on behalf of the deity?
RULE:
Shebaiti rights, if not expressly disposed of by the founder, devolve upon his natural heirs under Hindu Law. A dedication to a deity does not automatically exclude the founder’s heirs from inheriting shebaiti rights unless there is an express disposition to the contrary. The absence of words conferring shebaiti rights on trustees indicates an intention to let them pass under ordinary rules of inheritance.
The legal title to debutter property vests in the deity, and the right to sue on behalf of the deity vests in the shebaits. Trustees do not hold title to the property but only manage it, and they cannot unilaterally seek eviction of a co-shebait. If the shebaits are not made parties, the suit is not properly constituted.