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Can Your Uncle and Brothers Claim a Share of Your Father’s Property?

Question:

My father bought some land in his own name with his own money from my uncle. He did not issue the name when doing the registry. Now I am the only daughter, and I have no siblings. My father wants to register the property in my name. What documents will be required for the registration? And will my uncle and brothers get any share from my father’s land?

Answer:

To register the land in your name, your father must go through a formal process to transfer ownership. Here are the steps and documents required:

  1. Documents for Registration:
    • Sale Deed or Gift Deed: If your father is gifting the land to you, a gift deed must be executed, clearly stating that the land is being transferred to you.
    • NOC from the Seller (Uncle): If your father bought the land from your uncle, you may need a No Objection Certificate (NOC) from your uncle confirming the sale.
    • Land Ownership Documents: These include the original deed of purchase, mutation records, and any documents proving ownership of the property by your father.
    • Tax Receipts: The receipts showing that property taxes have been paid.
    • Identification Proof: Copies of your father’s national ID, your national ID, and your uncle’s ID if necessary.
    • Witness Statements: If required, witnesses to the transaction may need to provide affidavits or statements confirming the sale.
  2. Can Your Uncle and Brothers Claim a Share?
    Since you are the only daughter and have no siblings, your father has the right to transfer the property to you as his heir. If your father passes away, inheritance laws in Bangladesh would generally apply, where the property would belong entirely to his heirs. However, as there is no mention of your father being deceased, and the property was bought with his money, your uncle and brothers will not be entitled to a share in the land if your father registers it in your name.
    • If the property was solely in your father’s name and your father has no other heirs (other than you), no one else can claim a share of the land.
    • Inheritance Law Consideration: If the property is not registered in your name yet, and your father dies without registering it, then as per the Bangladesh inheritance law (Shariah law for Muslims), you would inherit the entire property.
  3. Recommendation:
    It’s important to have the land registered properly in your name as soon as possible, especially if your father intends to gift it to you. Consulting a lawyer or land registration officer can help streamline the process and avoid any potential complications.