Rakib Hasan Talukder

ID:1921040011

Final Law 211

Answer To the question number 1:

In this case Pratibha complainant vs.husband. Wife,s family had given Rs 60,000, gold ornaments, and
other valuable items to the husband’s family on their demand. But she was forcefully kicked out of her
in-laws house.

Concept of Stridhana: The word stridhana is derived form ‘stri’— woman, and ‘dhana’ - property. It
means, literally, woman’s property . In modern Hindu Law, the term stridhana denotes not only the
specific kinds of property enumerated in the Smritis, but also other species of property acquired or
owned by a woman over which she has absolute control; and she forms the stock of descent in respect
of such property, which accordingly devolves on her own heirs

Present condition of Rights of Hindu Women in Bangladesh:

Hindu law is the personal law of the Hindu citizens and is applicable in the matter of marriage, adoption,
inheritance, gift, will etc. The Hindu community of Bangladesh is mainly governed by the Dayabhaga or
Bengal School of Hindu law. The property rights of Hindu women of Bangladesh are governed by the
legislations which were enacted during the British colonial period and in case where the legislations in
force are silent regarding the scope and extent of women’s property right, the ancient Hindu law is
applicable to settle any dispute. That is why it is often said that the present Hindu law of Bangladesh is
AngloHindu law. The Hindu woman’s right to property may be discussed under two headings:

• Property of which she is the absolute owner; and

• Property of which she is the limited owner

There are two principal differences between stridhana and woman’s estate:

1) The female owner of an estate has a limited power of disposal, her right of alienation being
circumscribed by legal necessity or benefit of the estate. In the case of stridhana, however it being her
absolute property she can dispose it of at her will.

2) In the case of a woman’s estate, on the death of the female owner, the property does not pass on to
her heirs but to the heir of the last male-holder; but in the case of a stridhana the property passes to her
own heirs as laid down by the Hindu law.

Rights of a woman over her Stridhana: The right of woman over her stridhana differs according to her
status— whether she is a maiden, a married woman or a widow.

1) During maidenhood – a Hindu female can dispose of her stridhana of every description at her
pleasure. 2) During coverture – the power to dispose of her stridhana during coverture depends on the
character of the stridhana. For this purpose stridhana is divided into two classes, namely: (a) saudayika2
and (b) non- saudayika. 3 During coverture she can dispose only the saudayika stridhana. She has the
absolute power of disposal over such stridhana. On the other hand, she cannot dispose of non-
saudayika stridhana without husband’s consent. Such property is subject to her husband’s dominion and
he is entitled to use it at his pleasure even if there is no distress.

3) During widowhood – a Hindu widow has absolute power of disposal over every kind of stridhana
whether acquired before or after her husband’s death.

From, the above mentioned fact, Complainant was married to Suraj Kumar. Both of them were residing
to Bangladesh. Here in Bangladesh, Hindu law is mainly followed by Dayabhaga branch from west
Bengal. A Hindu woman can entrust his husband with his Stridhan but the husband doesn’t possess any
right to own that property or use that on his own use. But in the above mentioned fact, Suraj Kumar has
breached Section 406 of Bangladesh Panel Code. The laws of Stridhan are strictly maintained.

In the Rashmi Kumar v Mahesh Kumar Bhada case, supreme court has proved that even though the wife
entrust husband with her Stridhan, the husband is no position of right to use or own that property for
himself. Section-14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955
have protected the rights of Stridhan in all over Hindu Community.

Answer to the question number 2:

1No: This is a pre-emption case.Pre-emption is a civil case. Boltu inherits 5 decimal land from his
deceased father’s property. He wants to sale the land as it is too much high in price and he wants to be
immigrant in Canada. Poltu is interested in buying the land and offers 5 core taka for its value. Boltu is
glad of hearing this and sold it to Poltu. Poltu knows well that the land is adjacent to the house of two
elder brother of Boltu and sent no notice to them about the sale and registration of the land. Dipu, one
of elder brothers of Boltu, tells to Boltu that he wants to buy the land but having no such huge money
he wants to take some time for payment. In the meantime Boltu completed sale deed with Poltu and
delivers the possession and title of the land to him. Dipu comes to you after 15 month later of the
registration of sale deed for recovery of the title and possession of the land that has already been sold
to Poltu.

PRE-EMPTION: When someone sells their ancestors property to outside buyers without informing the
blood related relatives, those blood relatives have more right to buy the property more than outside
buyers.PRE-EMPTION isn’t like other normal cases. The court will ask if the case will be regulated on
Sharia Law or Conventional English Law.

Time of limitation for this type of cases.

Islamic Law: First second and third demand.

First demand: Tell the outside buyer by verbally.

Second: Written Statement.

Third: Send Notifications before filing the civil case.

According to 96(ii) - Send notice to all the co-sharers (pre-emptors) within 2 months of
the transfer of property. (SECTION-89)

2. After acknowledgement of transfer of property, within 2 months you have to file pre-emption case.

3. When you didn’t know or get any notice of transfer of property. You can file cases within 3 years of
the registration of the case.

2no: In this above case Boltu inherits 5 decimal land from his deceased father’s property.he sold his
property without noticing his two brother.But his brother Dipu wants to buy Boltus property.For filing a
case Dipu have to fulfill some requerments.Those requerments are:

According to section 96 Dipu have to file the case in District Court. Only co-sharer with inheritance can
apply.

1. Bank draft the cost of total property with 25% compensation of sell

money.

2. 8% Annual interest counting from the date of execution of the sale deed.
3. If money hasn,t been received at bank, the application shall not be accepted from the civil judge.
4. If Dipu and his another brother applies for the case, they all should have to pay the bank draft.
5. Exception: In some cases, if poltu might get the property ahead of the inherited Dipu.

6. Both parties (Dipu and poltu) can appeal the case in the higher court.

7. There shall be no tax while doing the registration second time for the Dipu. The time limit for
registration is within 60 days after the case is resolved. If any fails to register within 60 days, other
applicants will get the chance to pay for registration.

In the above case if Dipu wants to buy this property he must follow this rules and he should fulfill all the
requerments.