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Can My Father-in-Law Claim His Inheritance Despite His Stepmother’s Actions?

Question:

My father-in-law has been deprived of his father’s property because of his stepmother. He signed all the assets he bought and sold while he was alive. He has three daughters and has not given any wealth in their name. What can my father-in-law do in this situation to claim his share of the inheritance?


Answer:

In Bangladesh, property inheritance is governed by Islamic law (Sharia law) or the laws that govern the specific type of property (such as land). If your father-in-law’s father passed away and left property behind, he should have the right to inherit, especially if he is a legal heir, despite any interference from the stepmother.

Here’s what your father-in-law can do:

  1. Legal Right to Inherit: Your father-in-law has a legal right to his father’s property under Islamic law. This right is not affected by the actions of the stepmother, especially if he is a direct heir.
  2. Seek Legal Counsel: Consult a lawyer who specializes in inheritance law in Bangladesh. A lawyer can assess the situation, especially if assets were transferred unfairly to the stepmother’s name without proper consent or documentation.
  3. Challenge the Deed: If the transfer of assets to the stepmother was done without your father-in-law’s knowledge or consent, it may be possible to challenge those deeds in court. Any deed signed under duress or without full understanding of the consequences may be considered invalid.
  4. File a Suit in Court: Your father-in-law can file a case in court to claim his rightful share of the inheritance. The court will determine whether the transfer of assets to the stepmother was legal and whether he is entitled to a portion of the property.
  5. Claiming for the Daughters: If your father-in-law has three daughters, under Islamic inheritance law, they may also be entitled to a share of the inheritance. If the stepmother is refusing to recognize their inheritance rights, legal action may be necessary to ensure they receive their rightful share.