Published By The Daily Star on February 24, 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.
I am Imtiazul Hoda S/O. Late Shaheda Banu living in house #17,Road#-1, Block A of Halishahar Housing Estate, Chittagong. The house was allotted to Mr.Abdul Sattar who is my mother late Shaheda Banu’s only brother. Our family members are living in first floor of the said house since 1964. In 1971 on 17th December Mr.Abdul Sattar expired and later on his wife also expired two years later at the same house.
My mother was the only legal heir of the said property after the death of both Abdul Sattar and his wife. Accordingly a succession certificate was obtained from court and it was granted to Shaheda Banu.
In 1973 a Navy staff by force occupied our ground floor who is from Barisal and not our relative has filed a case challenging our succession certificate at Chittagong court case #-299/82 . The matter is pending in the court. During cross examine to that person he has said that he has not seen to Mr.Abdul Sattar , he did not know him and he is not relative of us. My request to you is that please advise me can a person who is not relative of mine can challenge my succession certificate ?? How should I proceed further.
I would like to thank you very much for the queries. From the given fact, it appears that the queries are concerning the succession of property. It seems that a case has been filed in 1982 and the case is still pending before the concerned court in Chittagong concerning the matter. We are not clarified as to what kind of case has been filed. Moreover, the subject matter of the case is not clear as to whether it was filed challenging the succession certificate only or whether the issue of the succession certificate has arisen separately as part of a different subject matter concerning the case. Accordingly, it is very difficult to provide any concrete advice without scrutinizing the documents of the case. I am afraid that I should not also provide concrete opinion regarding a pending case without perusing the documents of the case as the advice may be entirely different from the actual subject matter of the case resulting into confusion and consequently the same will be considered as a bad advice.
As far as I can advice, it seems very unlikely that your mother has inherited the entire properties of your uncle. There should have been some other persons from amongst your relatives especially from your aunt’s side who have also inherited the said properties.
Considering the acts of the Navy staff in issue, he cannot inherit any of the properties as he is not the relative of your deceased Uncle or Aunt, which has been admitted by him. Accordingly, he may not have any lawful right of ownership and/or possession over the property. You may not be required to file a fresh suit to dispossess him from the property. This is because a case already pending before the Court and as such the issue of illegal occupation is likely to be considered by the Court in due course.
Given the fact that the case has been pending since 1982, it appears that you have not been very active regarding the matter. I, therefore, suggest you to immediately consult a lawyer with all the case related papers, preferably who deals with property matters including inheritance. Please note that he, who sleeps on the right of the property, may lose the right once he wakes up! You need to be really active and vigilant regarding this matter. I wish you all the best.
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