Question:
A brother and sister live with their mother, who bought land with her own money and registered it in her name. Their father remarried and lives separately with four step-siblings (two brothers and two sisters). After the mother passed away, will the father and step-siblings have a share in her land? If so, how much? What share will the brother and sister receive?
Answer:
In Bangladesh, inheritance is governed by personal law, which varies based on the religion of the deceased. Assuming the family follows Muslim law, the property distribution will follow Islamic inheritance rules. Here’s how the property will be divided:
1. Father’s Share:
- The father will inherit 1/4th (one-fourth) of the mother’s property. This is his fixed share as the surviving husband under Islamic inheritance law.
2. Children’s Share:
- The remaining 3/4th (three-fourths) of the property will be divided among the children of the deceased.
- A son receives a share twice that of a daughter. Therefore:
- If there is one son and one daughter, the son will receive 2/3rd (two-thirds) of the remaining property, and the daughter will receive 1/3rd (one-third) of the remaining property.
3. Step-Siblings’ Rights:
- Step-siblings from the father’s other marriage do not inherit from the mother.
- Only biological children of the deceased mother are eligible for inheritance.
4. Example of Land Distribution:
- Assume the mother’s land is valued at 100 units.
- The father will get 25 units (1/4th).
- The remaining 75 units (3/4th) will be divided between the son and daughter:
- Son: 50 units (2/3rd of 75)
- Daughter: 25 units (1/3rd of 75)
5. What Steps to Take Next:
- Partition Suit: If disputes arise, file a partition suit in court to divide the property among the rightful heirs.
- Legal Assistance: Consult a lawyer to calculate the shares and resolve the matter legally.
- Documentation: Ensure all necessary documents, including the mother’s death certificate and property registration, are available for legal proceedings.