সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Section 3(3)- A Hindu widow or a Hindu woman having life interest can maintain a suit for partition:-
If a Hindu widow or a Hindu woman having life interest is not allowed to pray for partition of the joint properties by metes and bounds, then she would be deprived of enjoying her such right, as in the absence of partition by metes and bounds, she would not be able to enjoy her life interest therein. And if it is held that a Hindu widow or a Hindu woman having life interest would not be able to file a suit for partition, then the other co-sharers of the joint properties may use such decision as lever against such Hindu woman and thus create obstructions in the enjoyment of her life interest in the joint properties. Therefore, we find no substance in the point that plaintiff No.1 not being a co- sharer in the suit khatain and having life interest only could not maintain the suit for partition. And we hold that a Hindu widow or a Hindu woman having life interest can very much maintain a suit for partition for the fullest enjoyment of her such right in the joint properties......Md. Abdus Sattar Miah -VS- Sreemati Raman Sona Dashya & others, [1 LM (AD) 220]
Mother of the plaintiffs, as holder of life interest only, could not have sold the entire land- We are of the view that the five deeds of sale executed and registered by Saraswati were not forged and fraudulent. However, since the whole transfer could not be attributed to legal necessity, and since the parties concerned evidently agreed that 4.62 acres of land out of 8.31 acres transferred by way of the five sale deeds, was to be returned to the plaintiffs, the provisions of Hindu law have not been impinged in any way.
The appeal is allowed in part and the judgement passed by the High Court Division is set aside. The sale of land in favour of the plaintiffs' sons according to their wish and in accordance with the terms of the Salish, is found to have validly reconveyed 4.62 acres of land in favour of the plaintiffs' sons. We find that the transfer of the remaining 3.69 acres of land by Saraswati to the defendants to meet her legal necessity is valid and is within the provisions of Hindu law. The defendants are hereby directed to hand over possession of 4.62 acres of land to the plaintiffs, if they have not already done so. ...Hachina Aktar Banu (Most.) =VS= Ananta Kumar Sikder, [8 LM (AD) 4]
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