Question:
My grandfather had two wives. My mother and uncle are first cousins. After the death of the first wife, my grandfather remarried. My mother was around 10 years old and my uncle was 1.5 years old when my grandmother died. The second wife came and separated my mother and uncle, who were raised in their uncle’s house. After my grandfather’s death, my mother and uncle were deprived of their rightful share of their father’s property. Recently, the bulk of my grandfather’s property was written as a gift to his second wife. My grandfather promised to return the property, but his second wife and her children are resisting. What can my mother and uncle do to claim their rightful share of the property?
Answer:
In Bangladesh, after the death of your grandfather, his property should be distributed according to the Islamic inheritance law if there was no will. The second wife cannot claim full ownership of the property unless she has a legal document to prove her entitlement. Your mother and uncle may have a valid claim to a portion of the property as they are legal heirs.
They can take the following steps:
- Legal Documentation: Collect documents such as your grandfather’s death certificate, marriage records, and property papers.
- Consult a Lawyer: Seek professional legal advice on inheritance rights under Islamic law. A lawyer can help assess the situation and guide your family on how to proceed.
- File a Suit: If the property is wrongfully given to the second wife, your mother and uncle can file a legal suit to claim their share of the inheritance. They must prove that they are rightful heirs and that the property distribution was improper.
- Mediation: Try to mediate with the second wife’s family to resolve the dispute amicably before escalating to court.