Question:
My grandfather died about 8 years ago. Since then grandmother has been with us. My father has 2 brothers and 2 sisters. Some time ago all the land that was in the name of grandmother was sold and since then my elder cousin (grandmother’s elder daughter) is constantly telling me to divide the money and take 4 brothers and sisters, but my grandmother has only one thing “share even 1 taka till I die”. It will not be the way it is going now.” My question is that out of this approximately 7 lakh taka of grandmother, grandmother herself wants to buy me something with 50 thousand taka (I am the only son in the house). Now if any of my cousins or cousins want, can they stop my grandmother from giving me some part of this money?
Answer:
In Bangladesh, the situation you described involves your grandmother’s right to gift her money or property during her lifetime. Here’s how it works:
- Grandmother’s Right to Gift Money
- Your grandmother has the legal right to give away her money or property as she sees fit while she is alive. This is known as a gift (Heba) under Islamic law and other customary laws in Bangladesh.
- If your grandmother wants to give you 50,000 Taka from her total savings of 7 lakh Taka, she can do so, and no one (including your cousins or cousins) can legally stop her unless they have a legitimate reason.
- Can Cousins Stop It?
- If your grandmother is mentally sound and voluntarily decides to give you this amount, it’s her choice. No one can force her to divide her assets if she doesn’t want to.
- However, if your cousins believe that your grandmother is being pressured or is not of sound mind, they could potentially raise an issue, but it would need to be proven in court. For instance, if your grandmother is being coerced or manipulated into giving you this money, then there could be grounds to contest it.
- Grandmother’s Request to Not Divide the Money
- If your grandmother has clearly expressed that she does not want her money divided among her children or relatives, that is her personal decision. This is also a form of expressed will and can be honored as long as she is not coerced or under undue influence.
- Can Cousins Contest the Gift?
- After your grandmother’s passing, her legal heirs (your father and his siblings) would be entitled to inheritance according to Islamic inheritance law or the laws of Bangladesh.
- But while she is alive and making gifts or purchases, no one can legally stop her unless she is not of sound mind or there is significant evidence of undue influence or coercion.