13/08/2023
Seminal Judgments of SUPREME COURT OF BANGLADESH 2023 Series by BKA Law Firm
Probir Kumar Dey @ Saiful & anr Vs.Shipra Rani Dey &ors 17 SCOB [2023] HCD 154
Key Ratio:
Hindu widow (governed by the Daya bagha School of Hindu law) entitled to get same share as a son
“Section 3 of the Hindu Women’s Rights to Property Act, 1937 (XVIII of 1937). Sub section (1) of section 3 of the said Act says that when a Hindu governed by the Daya
Bagha School of Hindu Law dies intestate leaving any property dies, his widow, shall, subject to the provisions of sub-section(3), be entitled to the same share as a sons. Sub-section (3) of section 3 of the said Act further says that any interest devolving on a Hindu widow shall be the limited interest known as a Hindu Woman’s estate, but she shall have the same right of claiming partition as a male
owner. Further sub-section (2) of section 1 of the said Act stipulates that it extends to the whole of Bangladesh. Thus from reading of the aforesaid provisions of sub-sections (1) and (3) of the Hindu Women’s Rights to Property Act, 1937 it is clear that the widow during the period of her life time she became complete owner and
co-sharer of the property and this subsection 3(3) has the effect of putting the widow in the same position as a son in the matter of claiming partition.”
(Para 18 and 19), Justice Fatima Najib
Case Summary:
One Rabindra Kumar Dey was the owner and possessor of 4.81 decimals of land. He died in 1978 leaving behind his wife, two sons and four daughters. One of his sons, namely, Prodip died and the other son Probir converted to Islam before Rabindra’s wife Arati Bala Dey filed the instant suit for partition claiming saham. During the pendency of the suit plaintiff died and Rabindra’s unmarried daughter Shipra Rani was substituted as plaintiff. Question arose as per Daya Bhaga school of law whether the plaintiff Arati Bala Dey inherited from her deceased husband; whether the substituted plaintiff Sipra Rani Dey is entitled to inherit from her deceased father and mother; and whether the plaintiffs are entitled to a decree for partition as prayed for? The High Court Division analyzing the relevant laws, particularly, the Hindu Women’s Rights to Property Act 1937, Caste Disability Removal Act, 1850 and the Bangladesh Laws (Revision and Declaration) Act, 1973 held that when a Hindu governed by the Daya Bagha School of Hindu Law dies intestate leaving any property, his widow becomes complete owner and co-sharer of the property during her life time and she is entitled to be in the same position as a son in the
matter of claiming partition. The Court further held that after conversion to the faith of Islam son Probir has lost his right to his father’s property and, as such, the substituted plaintiff Sipra Rani Dey, the unmarried daughter of Rabindra Kumar Dey, is entitled to get the property on partition
