Hindu law
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Hindu law does not apply where a person enters into a religious order
renouncing all worldly affairs, his action is tantamount to Civil death,
and it excludes him altogether from inheritance and from a share on
partition. ...Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors,
(Civil), 17 SCOB [2023] HCD 154
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Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors |
17 SCOB [2023] HCD 154 |
Hindu law
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Hindu law r/w
Caste Disability Removal Act, 1850
Bangladesh Laws (Revision and Declaration Act, 1973
It is pertinent to note that Hindu law is religious law, the right to
property is made by that law dependent upon the observance of the tenants
of that faith. Consequently, a lapse from orthodox practices of Hinduism
would under that law entail forfeiture of the caste and all rights to
property and inheritance. Renouncement of religion has a disability, but
after the passing of the Caste Disability Removal Act, 1850 (Act XXI of
1950), change of religion is no ground of exclusion of inheritance. But
after the repealing of the Act XXI of 1850 by the Bangladesh Laws (Revision
and Declaration Act, 1973 (Act No. VIII of 1973) the persons converts into
another religion are now forfeited from the inheritance and from the joint
family property and fathers property. ...Probir Kumar Dey@ Saiful & anr Vs.
Shipra Rani Dey & ors, (Civil), 17 SCOB [2023] HCD 154
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Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors |
17 SCOB [2023] HCD 154 |
Hindu law of inheritance
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Hindu law of inheritance
According to the Hindu law, there is no scope to inherit property by a
daughter when a son is alive. .....Sufia Bewa and ors Vs. Md. Aminul Islam
and ors, (Civil), 19 SCOB [2024] HCD 85
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Sufia Bewa and ors Vs. Md. Aminul Islam and ors |
19 SCOB [2024] HCD 85 |
A plaintiff’s failure never
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A plaintiff’s failure never means that the defendant is the lawful owner
of the subject matter:
On a contradictory claim of title on land between the plaintiff and
defendant, if the plaintiff fails, everyone thinks that the
claimant-defendant is the owner of the suit land. It is absolutely a wrong
notion and misconceived social psychology. A plaintiff’s failure never
means that the defendant is the lawful owner of the subject matter. In a
case like the present one where the defendants, besides resisting the
plaintiffs’ claim, fail to establish their lawful title over the suit
land, they should not be allowed to continue with the possession, if any,
over the same. .....Sufia Bewa and ors Vs. Md. Aminul Islam and ors,
(Civil), 19 SCOB [2024] HCD 85
....View Full Judgment
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Sufia Bewa and ors Vs. Md. Aminul Islam and ors |
19 SCOB [2024] HCD 85 |