Question:
My grandmother died last October, leaving 4 percent of the land. There are 3 heirs, including my paternal uncle and my father. My grandfather is also deceased. In January, a settlement was made with the Murubbi of the area. According to the settlement, my father owns 1.60 percent, and my uncle owns 0.80 percent of the land. The land was measured by an Amin (surveyor) with signatures from my father, uncle, and others present. Now, if my father wants to give this land to me or to my mother, can the family distribution be rejected, or can he transfer it through a deed?
Answer:
In Bangladesh, inheritance law and the transfer of property are governed by specific rules that ensure fair distribution of a deceased’s assets among heirs. Here’s a breakdown of the situation and what your father can do:
- Inheritance and Family Distribution
When your grandmother passed away, her property was distributed according to Bangladeshi inheritance law. Based on the information you provided, your father and uncle were the legal heirs of the land. The inheritance was determined by the settlement made with the Murubbi (community elder) and documented by the Amin (surveyor). In this case, your father received 1.60 percent, and your uncle received 0.80 percent, which means your father is legally entitled to the land he inherited. - Transferring Land to Family Members
Your father can indeed transfer or gift his share of the land to you or your mother. This can be done through a gift deed. Under Bangladeshi law, a person can transfer or gift their property to anyone, including their children or spouse, during their lifetime. The transfer of land can be formalized with a registered deed and mutated in the land records. - Rejecting the Family Distribution
The family distribution made in the settlement and signed by your father and uncle cannot be unilaterally rejected or altered unless all legal heirs (including your uncle) agree to it. If your father wishes to transfer the land to you or your mother, this can be done, but it must be executed in writing and registered as a legal deed of gift. However, it’s important to ensure that the uncle’s consent is not required, especially if the land was initially jointly inherited. - Deed of Gift Process
To transfer the land to you or your mother, your father should execute a gift deed, which will need to be:- Drafted in compliance with legal requirements (with details of the land, the donor, and the recipient).
- Signed by both parties (your father and the recipient).
- Notarized and registered at the appropriate land registration office.
- Mutated in the land records so that the new ownership is officially recognized.
- Inheritance Restrictions
If the land is subject to any joint family ownership or if the inheritance distribution includes both your father and uncle, your uncle may have legal rights over the portion of land your father inherited. If your father wants to give the land exclusively to you or your mother, it’s important to ensure that no legal disputes arise, and the necessary legal formalities are followed to avoid complications in the future.