Question:
My father died on 10/06/2013, and my grandmother died on 08/12/2016. In 2022, after 10 years of my father’s death and 5 years after my grandmother’s death, my uncles are claiming a share of the land purchased by my father. According to them, if a child dies before the mother, then the mother gets a share of the property purchased by the child. My uncles want to claim my grandmother’s share, even though she passed away five years ago, and she never claimed any share during her life. All the documents are in my father’s name, and some land has already been sold for family needs. According to Bangladeshi law, do my uncles have the right to claim the property?
Answer:
Under Bangladeshi inheritance law, your uncles may have a right to claim a share of your father’s property, but it depends on several key factors:
- Inheritance of Property After Father’s Death
Since your father passed away in 2013, his property should have been inherited by his legal heirs, which typically include his children and potentially his wife if she is still alive. The inheritance would be divided according to the applicable law (Muslim or Hindu). If your father was Muslim, his property would be divided based on Shariah law, where his wife would receive a portion and his children would share the remainder. - Claim of the Grandmother’s Share
As for the share of your grandmother, if she did not claim her portion during her lifetime, the property passed to her heirs (typically her children, i.e., your uncles). Since your grandmother died in 2016, and your father had already passed away in 2013, her portion of the inheritance would have typically been claimed by her legal heirs (your uncles) at the time of her death. If they did not make a claim then, they likely lost their right to do so unless your father’s property was not properly divided or documented at that time. - Property Sold for Family Needs
Since you have already sold some of the property, it is important to check if the sale was carried out according to the legal heirs’ rights. If the property was not properly divided, and your uncles were rightful heirs, they could potentially claim their share of the proceeds from the sale. - Current Situation
If the property has not been legally divided and there is no clear agreement or will, your uncles might still be able to claim a portion of the property under inheritance laws. However, if all the relevant property has already been sold, the claim might involve the proceeds from that sale.