PROPERTY DISTRIBUTION

Published By The Daily Star on October 06, 2012 (Link Above)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query
My grandfather had died fifteen years ago leaving two sons and one daughters. But he had not distributed his property among his sons and daughters while he was alive. After passing of my grandfather my father bought a piece of land while we were in joint family. Now my aunt want to take away her property from my father and uncle. my query is what would be the proper procedure of distribution of my grandfathers property? Whether my uncle and aunt will get any share from that piece of land which was bought by my father’s sole income.

Muhammad Mustafiz
Thakurpara, Comilla.

Response
I would like to thank you very much for your queries. Your queries are concerning inheritance of property. Since you are a Muslim, the distribution of property is governed by the Muslim law of inheritance. As far as the distribution of your grandfather’s property is concerned, his successors have already become the co-owners of his property following his death as the right to own such properties has been automatically triggered with the death of your grandfather. However, it has to be kept in mind that in Muslim law, daughters are entitled to half of the share to any property compared to the sons. If your grandmother is alive, she is also entitled to a particular share of your Grandfather’s property. However, if your grandmother is not alive, in that case her shares to your Grandfather’s property have also passed into succession to her legal heirs. You are advised to tell your father, uncle and aunt to amicably distribute your grandfather’s property by way of a registered partition deed. Thereafter, each of them can mutate their respective names against their respective portions of properties.
Considering the piece of land purchased by your father, your uncle and aunt are not at all entitled to it as per Muslim law of inheritance or otherwise. It will be distributed among his successors of your father (i.e. your mother, you and your siblings) upon his death. However, during his lifetime, your father has the lawful right to deal with his property in any lawful manner as per his desire.
I hope you will have answer to your queries from the aforesaid opinion.

For detailed query contact: omar@legalcounselbd.com.