Question: We are two sisters, and we don’t have brothers. The property has been transferred to our mother’s name. Can cousins or uncles claim any share now?
Answer: In Bangladesh, the ability of cousins or uncles to claim a share of property depends on whether the property is legally inherited or gifted and the applicable laws of inheritance. Here’s what the situation would generally look like:
- Property Transferred to Mother’s Name:
- If the property was legally gifted to your mother (through Heba or any other legal means) and the transfer was completed, then your mother is the sole owner of the property.
- Your cousins or uncles (your father’s brothers or your mother’s brothers) will not have any legal claim to the property as long as your mother is alive and holds ownership.
- Inheritance Laws:
- If the property was inherited by your father or your mother and then transferred to your mother’s name, the property generally stays within the direct family, primarily the children (you two sisters in this case).
- Cousins or uncles can only claim a share of the property if it is inherited from someone who passed away without leaving a will, and the property has not been legally transferred to a living spouse or children (your mother in this case).
- However, if your father or mother has passed away and the property remains under their name, your uncles (father’s brothers) or cousins (children of uncles) might have a legal share under the laws of inheritance, particularly Muslim Personal Law or Hindu law.
- After Mother’s Death:
- If your mother passes away and there is no will, the property would be inherited by her children (you two sisters). However, uncles, aunts, or cousins will not have a right unless there are specific conditions (e.g., absence of children or direct heirs).
- Gift Deed or Will:
- If your mother has made a will or if the property was transferred as a gift, it would follow those legal instructions, and cousins or uncles would only have a claim if specifically mentioned in the will.