Hindu Law of Inheritance (Amendment) Act, 1929
Sections 154, 155, 156 and 157
Constitution of Bangladesh, 1972
Article 28, 27, 19
Code of Civil Procedure
Section 115(1) r/w
Hindu Succession Act, 1956
Section 14
In the trial court, the plaintiff examined 4 PWs and the defendants examined 6 DWs. All the witnesses were cross examined. Some documents were adduced in evidence and marked as exhibits. ––Upon hearing the parties and perusing the evidence on record, learned Assistant Judge decreed the suit infavour of the plaintiff vide judgment and decree dated 26.02.1995 holding that ‘by amendment of Hindu Law of Inheritance, 1929’ the daughter’s daughter are included as heirs and according to that law the plaintiff inherited the property left by Rukkhini Dashi. ––Being aggrieved, the contesting defendants preferred Title Appeal being No.92 of 1995 in the Court of learned District Judge, Khulna, and on transfer the appeal was heard by the learned Additional District Judge, Court No.1, Khulna, who after hearing the parties dismissed the appeal by his judgment and decree dated 23.03.1999 affirming the judgment and decree of the trial court. ––Having aggrieved, the defendant-appellants filed Civil Revision No.2049 of 1999 under Section 115(1) of the Code of Civil Procedure before the High Court Division. In revision, the learned Single Judge of the High Court Division discharged the Rule vide judgment and order dated 04.07.2000 affirming the judgment and decree of the appellate court below. ––Appellate Division is of the view that the suit property being Stridhana of Rukkhini Dashi will lawfully devolve upon the plaintiff Elokeshi, Rukkhini’s daughter’s daughter according to her faith law ‘The Dayabhaga’. However, the trial court’s view on ‘The Hindu Law of Inheritance (Amendment) Act, 1929’, affirmed by the court of appeal and revision is hereby expunged. .....Shishubar Dhali =VS= Chitta Ranjan Mondol, (Civil), 2023(1) [14 LM (AD) 62] ....View Full Judgment

In case of Stridhan property, it reverts back to the nearest heir of the female who is the owner of that property:
The guiding ‘Principle of Law of Inheritance’ under the Dayabhaga School of Law, which prevails in Bangladesh, is the doctrine of religious efficacy. Religious efficacy means capacity to confer special benefit upon the deceased person. Succession is the mode of devolution of property under the Dayabhaga system. The general Rule of inheritance is that once a property is vested upon any one, it will not be divested. But in case of Hindu woman, getting limited ownership in the property is contradictory to this general Rule as the property will revert back to the heir of the owner. Only in case of Stridhan property, it reverts back to the nearest heir of the female who is the owner of that property. It is to be noted that succession of the ‘Stridhan property’ is held absolutely by a female. ...Mrigangka Mohan Dhali & ors Vs. Chitta Ranjan Mondol & ors, (Civil), 18 SCOB [2023] AD 20 ....View Full Judgment

There is no consistent, uniform and firm rule of Hindu Law imposing absolute/unqualified bar to succeed Stridhana by daughter’s daughters:
From the above principles quoted from Mulla, it is clear that there is no consistent, uniform and firm rule of Hindu Law imposing absolute/unqualified bar to succeed Stridhana by daughter’s daughters. Moreover, § 160 makes it clear that Stridhana heirs in the second generation may be daughter’s daughter. In the instant case, plaintiff Elokeshi is daughter’s daughter of Rukkhini, the original Stridhana owner, and, for that matter, she is a Stridhana heir in the second generation, and obviously not excluded from inheriting Stridhana of her grandmother, as it is evident from § 160. ...Mrigangka Mohan Dhali & ors Vs. Chitta Ranjan Mondol & ors, (Civil), 18 SCOB [2023] AD 20 ....View Full Judgment

When a daughter inherits Stridhan of her mother, she takes it absolutely like a son
When a daughter inherits Stridhan of her mother, she takes it absolutely like a son because son and daughter inherit “EQUALLY” and not even a single line of “The Dayabhaga” suggests it to become her “widow’s estate” or anything like that. ...Mrigangka Mohan Dhali & ors Vs. Chitta Ranjan Mondol & ors, (Civil), 18 SCOB [2023] AD 20 ....View Full Judgment

Stridhana being absolute ownership of a woman, on her death, absolute ownership devolve upon her heir:
It is an elementary principle of law that what devolve upon the successor from the predecessor are all rights and liabilities of the predecessor attached to and arising of a certain property. In that view of the matter, the Stridhana being absolute ownership of a woman, on her death, absolute ownership devolve upon her heir, no matter whether it is called Stridhana or not. ...Mrigangka Mohan Dhali & ors Vs. Chitta Ranjan Mondol & ors, (Civil), 18 SCOB [2023] AD 20 ....View Full Judgment