Question:
I am my parents’ only child from their first marriage, which ended in divorce in 1990 when I was one year old. My mother raised me amidst hardships, took loans, and even sent me abroad for education. Despite being financially sound, my father has never supported me. Recently, I paid for his medical expenses after learning about his illness. Now, I am married with a daughter and wish to build a house on our native property. However, my father refuses to give me any share, despite requests from local representatives. He has children from his second marriage and is unwilling to cooperate. What legal options do I have in this situation?
Answer:
In this situation, you can take the following legal steps:
- Understand Inheritance Rights:
Under Bangladeshi inheritance law (Muslim, Hindu, or Christian personal law as applicable to you), a child has a legal right to their father’s property. This includes legitimate claims even if the parents are divorced. - File a Legal Notice:
You can send a legal notice to your father, formally requesting your rightful share of his property. A lawyer can draft this for you. - Consult Family Law on Property Distribution:
If your father’s property is ancestral, you are entitled to a share. For self-acquired property, the law generally allows him to distribute it at his discretion unless a will or specific provision was made for you. - Court Intervention for Ancestral Property:
If the property is ancestral and your father refuses to grant your share, you may file a case in the civil court to claim your inheritance. Courts can issue orders for property partition based on inheritance laws. - Voluntary Contributions Not Legally Binding:
The expenses you incurred for your father’s medical treatment, though noble, do not create a legal obligation for him to transfer property to you. - Explore Amicable Resolution:
Although legal action is an option, consider mediation through trusted family members or local elders. A peaceful resolution may save time and preserve relationships. - Support from Local Authorities:
While public representatives can assist with mediation, legal enforcement requires a valid court order. - Future Inheritance from Second Marriage:
If your father refuses to share property now, you can claim your rightful share upon his passing, provided no valid will disinherits you. Your share will be determined according to inheritance laws applicable to your religion.