Inheritance Law in Bangladesh
The questions related to inheritance law in Bangladesh are a disputed matter. It is not possible to deal comprehensively with the law of succession on death. The law of intestate succession is without a doubt the most complex aspect of law which is also connected to everyone’s life.
Generally, after the death of a man or a woman a lot of questions arise regarding who has the right on the property of the deceased persons left and what proportion one will get.
After the death of a man or a woman firstly it is necessary to perform the funeral expenses and repay his/her entire debt and execute all his will from the property he /she left. After disposal of these things the children and relatives of the deceased person has the right on the remaining property this is called inheritance. By the laws through which that residue property of a deceased person is distributed among the heirs is called the law of succession.
In Bangladesh, inheritance is governed by a person’s religion. As result if the deceased person professes to Islam then his property will be distributed in accordance to the Islamic law of Succession on the other hand if the deceased person is the followers of Hinduism or Buddhism then the deceased person’s property will be dispersed in accordance to Hindu law. Except these there is a statute named ‘The Succession Act, 1925’ which is mainly applicable for the people who do not professes the Islam, Hinduism or Buddhism.
Inheritance Law in Bangladesh provides succession to the immoveable property in Bangladesh of a person deceased shall be regulated by the law of Bangladesh, even if such person have had his domicile in another at the time of his death.
In Bangladesh Hanafi law of inheritance primarily followed to divide the property of the believers of Islam. According to the Hanafi law there are mainly three (3) types of heirs:
- Sharers (shareholders),
- Distant Kindred (distant relatives).
Sharers are those who are entitled to get prescribed share of the property accordance to the Al Quran. Among the three heirs sharers are the primary heir. Father, mother, daughter, husband, wife are the main sharers who cannot be deported in any circumstances. Except them other sharers are grandfather, grandmother, uterine brother, uterine sister, consanguine sister, son’s daughter.
After disposing the claims to the sharers if there is any residue then residuary will get their share. All reliquaries are connected to the deceased through a male. Distant kindred are all those who are relatives by blood. If there are neither sharers nor reliquaries the inheritance will be divided among such of the distant kindred as are entitled to succeed thereto. The ambit of this head is too broad, as result government cannot claim any property even if the decease person has no heir.
One of the remarkable changes brought by the Muslim Family Law Ordinance 1961 is that now in the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall receive a share equivalent to the share which such son or daughter would have received if alive.
In cinema there is a common scenario that a father renounces his son or daughter from his property. However, in accordance to Muhammadan law of inheritance an heir cannot be renounced from his right to inherit. It is worth noting that a Muslim also cannot dispose more than one third of his entire property by a will.