Law:

Section:

Burmese Buddhist Law - Succession - Hnapazon - property (acquired by joint exertion of husband and wife)-Share of children of first wife. Where a Burman Buddhist who has married- more than once dies leaving hnapazon property L of the last marriage the law of partition of that property between the pubbaka children (children by previous marriage) and their step-parent is as follows; In a case where there is an issue of the last marriage the step-child or children collectively take one-eighth and the step­parent seven-eighths. If there is an only child of the step-parent, such child inherits the entire seven-eighths share of his or her mother after her death. Ma Nyein E v. Maung Maung and others A I R 1952 Rang. 340 ; Ma Sai Da v. Ma Nwe A I R I Q2,) Rang. 253 ; Ma San Nyun and another v. Maung Tint A I R 1930 Rang. 1 0 ; U Pe v. U Maung Maung Kha A I R 1932 P C 152 and Principles of Modern Burmese Buddhist Law, Sixth Ed. p. 183 ref. Dhammathats or the Laws of Menoo by D. Richardson, Vol. X, page 274 inapplicable. JUDGMENT AMIRUDDIN AHMAD J.-This is a certificated appeal from a judgment and decree of a Division Bench of the High Court of East- Pakistan in a Second Appeal in a suit for declaration. The appellant before us was the plaintiff in the suit and the suit was for a declaration that the entry in Khatian Nos. 60 and 243 of Mauza Baranishanbaria in the District of Bakarganj relating to her rights in the lands covered by those Khatians in the current settlement record of rights was incorrect, inasmuch as a one-third share of the lands in Khatian No. 60 and two­thirds share in Khatian No. 243 were recorded in the names of her step-brother and sister, who, according to the Burmese Buddhist Law by which the parties are governed, could not get more than a one-eighth share, even if it is held that in both the properties their father had an interest. But it was alleged in the plaint that as a matter of fact the property in Khatian No. 60 exclusively belonged to the mother of the plaintiff and their father had no interest in it, and that after the divorce of the mother of the defendants they did not maintain filial relationship with their father and therefore were…

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