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Report No. 81

4.4. Position in Bengal School-Case law before Hindu Succession Act.-

There are early Calcutta rulings1-2 debarring barren daughters or widowed daughters without male issue from succeeding to their fa ther3. This rule seem to have been recognised even in an Allahabad case4 (case relating to parties governed by the Dayabhaga), where the sons of a deceased daughter, were preferred to a widowed childless daughter.

1. Benod Kumarce Debee v. Purdhan Gopal Sabee, (1865) 2 WRCR 176 (Cal).

2. Radha Kishen v. Rajah Ram, (1866) 6 WRCR 147 (Cal).

3. See also Mukanda v. Manmohini, (1920) 19 CWN 472.

4. Pramila v. Chandrasekhar, 1921 ILR 43 All 460 (Case under Dayabhaga system).

Hindu Widows Re-marriage Act, 1856 Back

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