PROPERTY INHERITANCE AND DISTRIBUTION

Published By The Daily Star on March 2, 2013 (Link Here)

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
I have a query that child’s & husband,s right to the woman,s property .my mother had died 3 years ago & left two children me 28 years old and my youngest sister 25 years old married and my father is 60 years old .My mother had 6 acres land & a building on that land .So I want to know that by the Muslim Sariah law in Bangladesh how much each of us can get share from her property . Earlier, My mother got this property from her father.

Anonymous.
Response
I would like to thank you very much for your queries. Your queries are concerning inheritance of property. From your queries it appears that you are a Muslim and as such the distribution of property is governed by the Muslim law of inheritance. As far as the distribution of your mother’s property is concerned, her successors have already become the co-owners of the property following her death as the right to own such properties has been automatically triggered with the death of your mother.

As far as the distribution of the property is concerned, the successors of your mother inherit the property as per the shares fixed for a particular category of successor under the Muslim law of inheritance. 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. Accordingly, your father is entitled to 25% of your mother’s property and you along with your sister are entitled to 50% and 25% of the property respectively in the ratio of 2:1.

It is advisable to amicably distribute your mother’s property by way of a registered partition deed so that each of them can mutate their respective names against their respective portions of properties later on. On the contrary, the successors of your mother may have to file a partition suit to distribute the property that will result into wastage of valuable time and cost. I also advice you to procure a succession certificate specifying the names of the successors therein.

I hope you will have answer to your queries from the aforesaid opinion.

For detailed query contact: [email protected].