Question
My grandparents are three brothers. My grandfather is dead, and my grandfather’s mother is also dead. However, my grandfather’s father (Nana) died before my grandfather’s mother. The other two uncles are still alive. The lands that were part of my grandfather, will the remaining two uncles get those lands? They are saying that if the child dies before the mother, then the remaining two children will inherit the property. My grandfather had both sons and daughters. So, will the other uncles inherit my grandfather’s property?
Answer
In Bangladesh, inheritance laws are guided by Muslim personal law (for Muslims) or Hindu personal law (for Hindus), and these laws address how property is distributed among heirs. Based on your description, here is how the inheritance might work:
- Inheritance of Property: Since your grandfather has passed away, the inheritance depends on how the property was owned (whether it was his individual property or part of ancestral property).
- Grandfather’s Sons and Daughters: In traditional inheritance law, if your grandfather passed away, his children (sons and daughters) would inherit his property.
- Rights of the Grandfather’s Brothers: Since your grandfather is deceased, his siblings (your uncles) would not automatically inherit his property unless your grandfather passed on the property to them before his death.
- If your grandfather’s property was part of ancestral land, then his children (sons and daughters) would inherit the property. The property does not go directly to your grandfather’s brothers unless they are specifically mentioned in the will or there is some other agreement.
- If a Child Dies Before the Mother: In Muslim inheritance law, when a child dies before the mother or father, the child’s share of inheritance is distributed among the remaining heirs. However, your grandfather’s brothers would not directly inherit your grandfather’s property because your grandfather’s children (sons and daughters) are the rightful heirs.
- If your grandfather’s children are alive, they would inherit their father’s property, and not your uncles (grandfather’s brothers).
- Share of Property Between Sons and Daughters: According to Muslim inheritance law, sons generally receive twice the share of daughters. If your grandfather had sons and daughters, the sons would receive a larger share of his property compared to the daughters.