Question:
My uncle has two marriages. He has four sons from his first wife and one daughter from his second wife. His first wife passed away some years ago, and since then, there has been no trace of the four sons. Now, my uncle has bequeathed all of his self-built properties to his second wife and his daughter. My question is, in this case, will the four sons from the first marriage get anything, or are they disinherited?
Answer:
In Bangladesh, inheritance laws are governed by religious principles (e.g., Muslim law for Muslims, Hindu law for Hindus). The answer to your question depends on the applicable law, but generally, the principles are as follows:
1. Inheritance Under Muslim Law (if applicable):
- Muslim inheritance laws do not allow a person to fully disinherit their children, including sons and daughters. Under the Shari’ah law, children are entitled to a share of their father’s property, regardless of any will.
- Even if your uncle bequeathed all his property to his second wife and daughter, this does not negate the rights of his sons from the first marriage.
- The four sons from the first marriage have inheritance rights to a share of the property. They are entitled to inherit a portion, and the will cannot override this legal entitlement unless they voluntarily forgo their rights.
- The division of the inheritance will depend on the number of heirs and the specific shares assigned under Shari’ah law, which requires equal distribution among children, with sons typically receiving a share that is double the daughter’s share.
2. Inheritance Under Hindu Law (if applicable):
- Hindu law allows a father to dispose of his self-acquired property as he wishes, including through a will.
- If the property is self-acquired by your uncle and not ancestral, then he has the legal right to bequeath it to anyone, including his second wife and daughter.
- The four sons from the first marriage may not have any claim to the property unless the will is contested on legal grounds, such as if they can prove that their father intended to provide for them but was not allowed to execute a valid will. However, self-acquired property is generally not shared with sons from a first marriage unless specified by the father.
3. What the Sons Can Do:
- If the sons from the first marriage feel that their inheritance rights are being violated or if the will is considered unfair, they have the option to contest the will in court.
- The court may evaluate the validity of the will and whether the sons are entitled to a fair share under applicable inheritance laws.