Question:
My father bought some agricultural land in his own name, and he passed away a few years ago. We are two brothers and two sisters. Can my mother and one of our brothers sell the land without informing the rest of us? If they sell it, is there a way to recover our share?
Answer:
Under Bangladeshi law, after the death of your father, his property becomes part of his estate, and it must be divided among his heirs according to the rules of inheritance, which are typically governed by Islamic law (for Muslim families). As his legal heirs, you, your brothers, and your sisters all have a right to a share of the land.
- Selling Without Consent: Your mother and one brother cannot sell the land without your consent unless they have obtained permission from all the heirs (which includes you and your other siblings). If they sell the land without informing you or obtaining your consent, they may be in violation of inheritance laws.
- Recovering Your Share: If the land is sold without your consent, you may be able to challenge the sale in court. You can file a case for partition of the property or for recovery of your share. The court will determine the rightful share of each heir and may order a distribution of the proceeds from the sale if the land has already been sold.
- Legal Advice and Action: It is important to consult a lawyer specializing in property and inheritance laws to guide you through the process of claiming your share. The lawyer will help you file the necessary legal action, which could include challenging the sale or seeking compensation for your share.
Remember, even if the land is sold, your legal rights to your share of the inheritance remain, and you can take legal action to claim what you are entitled to