DEPARTMENT OF LAW & LAND MANAGEMENT

ISLAMIC UNIVERSITY ,KUSHTIA,BANGLADESH

AN ASSIGNMENT ON

Hindu widows to have right on husbands’

agricultural and non-agricultural lands based on
recent decre

Course title: Law of Inheritance

(Course code: 2103)
Submitted to,
Sahida Akter
Lecturer of
Law And Land Management

Submitted by

Md. Khalequzzaman

Roll:1826031

Session: 18-19
Introduction:
During the nineteenth century the British enacted the Hindu
Women’s Right to Property Act that paved the way of a Hindu
woman’s right in her deceased husband’s property. At the same time
the concept of “the widow’s limited estate” emerged that entitled a
woman to hold property inherited from their deceased husband
during their lifetime with limitation on disposal of the property so
inherited (Ray 1952).

Widow’s right over the property of her

husband:
Under the ancient laws a widow cannot herself demand a partition;
but if a partition takes placebetween her sons she is entitled to a
share equal to that of a son after deducting the value of stridhana, if
any, which she may have received from her husband or her father-
in-law (Mullah 1986). But after The Hindu Women’s Right to Property
Act, 1937 was passed a Hindu widow got the right of claiming
partition in her husband’s property like a male owner (The Hindu
Women’s Right to Property Act, 1937 s 3(3)). Under this Act if a Hindu
man dies intestate leaving a widow or widows, the widow and the
widows together, as the case may be, will get a share equal to that of
a son (The Hindu Women’s Right to Property Act, 1937 s 3(1)). The
widow of a pre-deceased son will get the same share which is equal
to that of a son if that pre-deceased son leaves behind no son. But
she will get a share equal to that of a son’s son if any son or son’s
son of a predeceased son is living (The Hindu Women’s Right to
Property Act, 1937 s 3(1)). But in all cases the women will get limited
interest in her husband’s property which is known as a Hindu
woman’s estate (The Hindu Women’s Right to Property Act, 1937 s
3(3)). This limited interest entitles a widow to hold the property
during her lifetime with bar on alienation of the same. A Hindu widow
cannot alienate property without legal necessity. A widow’s right to
her husband’s property is subject to certain restrictions i.e., she has
the right to alienate the property absolutely for what is known “legal
necessity” namely for payment of husband’s debts, for performance
of acts which conduce to the spiritual welfare of the husband, for
discharging obligation of her husband for her own maintenance and
for the preservation of the estate. A widow has got life interest and
after her death, the property shall go to the heirs of her husband and
not her own heirs.

Hindu widows to have right on husbands’

agricultural and non-agricultural lands based
on recent decree:
The High Court ruled that Hindu widows will have the rights to both
agricultural and non-agricultural lands that belonged to their
husbands.

They will also get the right to sell the lands for legal necessities during
their lifetime, the HC observed.

Interpreting the Hindu Women's Right to Properties Act, a judgment

of Indian Federal Court in 1941, and Adaption Law of 1972, the court
said no separation has been made between the agricultural and non-
agricultural lands in Bangladesh, and so Hindu widows have rights
to the lands of their husbands.

According to lawyers, after 83 years (since 1937) Hindu

widows will get their rights on their husbands’ assets.

Barrister Syed Nafiul Islam, one of the lawyers for the plaintiff,
said, after 83 years Hindu widows had regained their property
rights. Among Hindus, widows usually owned their
husbands' assets only in the matter of homesteads, not any
other assets like agricultural land.

“After this verdict, they will get a share of agricultural land too,”
he added.
The strictest part of Hindu law is the distribution of property
among girls. The law, enacted in 1937, deprived women of the
right to inherit their husbands’ properties.

The HC bench of Justice Md Miftah Uddin Choudhury came up with

the verdict following a civil revision petition filed by a Jyotindranath
Mondal from Haliagram village in Khulna's Batiaghata upazila
challenging a lower court verdict.

On March 7, 2004, Khulna's joint district judge delivered the

judgment in a case filed by Jyotindranath Mondal and said that
Gouri Dasi, widow of Jyotindranath's elder brother Avimannu
Mondal, will get right to the agricultural land of her late husband

The land had been recorded in the name of Gouri after Avimannu
died in 1996.

Jyotindranath had filed the case with the court of an assistant judge
in Khulna challenging the record of the land in the name of Gouri
Dasi in 1996.

After hearing the civil revision filed by Jyotindranath, the HC

delivered the verdict.

Barrister Uzzal Bhowmick, an amicus curiae (friend of the court), HC

verdict is an epoch-making judgement as it has removed the
ambiguity of the laws regarding the rights of Hindu widows to their
husbands' lands.

Md Abdul Zabbar appeared for Jyotindranath while Nafiul Islam

argued for Gauri Dasi.
Conclusion:
Though in previous time the widow was not able get the
share of agricultural land and had some rules and regulation to
follow but the recent decree of Hindu widows right on husband
agricultural and non-agricultural land has made the widows eligible
to get share on agricultural land too.