Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)



Hindu Women Rights to Property Act, 1937
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 3

Let us now consider whether a Hindu widow is entitled to get the same share as a son. In this connection reference may be made to 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 subsections (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 sub-section 3(3) has the effect of putting the widow in the same position as a son in the matter of claiming partition. ...Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors, (Civil), 17 SCOB [2023] HCD 154 ....View Full Judgment

Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors 17 SCOB [2023] HCD 154