Question:
We are three sisters with no brothers. My grandfather passed away first, and later my father also died. The land belonged to my grandfather. Now, do my three cousins and one uncle get any share of my inheritance? How much of the land will they receive?
Answer:
In Bangladesh, inheritance laws are governed by Muslim Law of Inheritance for Muslims and Hindu Law for Hindus. Based on your description, it seems that you are seeking information regarding the inheritance of ancestral property that belonged to your grandfather and passed to your father.
Since the inheritance involves ancestral property that was originally your grandfather’s, the division will depend on whether the property has been legally transferred to your father before his death and the applicable law (Hindu or Muslim) governing the inheritance.
1. Inheriting Grandfather’s Property:
- Muslim Law: Under Muslim inheritance laws, when a grandfather dies, his property is divided among his legal heirs (such as children and spouse, and potentially grandchildren if the children have already passed away). In the absence of brothers and with your father’s death, the grandchildren (your cousins) may inherit a portion of the property.
- The division: Your father’s share (if he inherited from your grandfather) would have passed to his heirs — which are you, his daughters. Therefore, you three sisters would inherit the full share of your father’s inheritance.
- Your uncle (father’s brother) would receive his share from your grandfather’s estate if he is a rightful heir.
- Your cousins (your uncle’s children) would inherit their father’s share (your uncle’s share) from your grandfather’s estate.
2. How is the Property Divided Among the Heirs?
- If your grandfather’s property was divided among his children (your father and uncle), then the remaining portion of your father’s share would go to you three sisters, as the rightful heirs.
- Your uncle would get his share as well, but not from your father’s portion; he would inherit from your grandfather’s original share, as would your cousins.
3. How Many Parts Will They Get?
- The property will be divided into equal shares based on the number of legal heirs.
- If your father’s share was 1 part from your grandfather’s estate, this 1 part would be split equally among you three sisters.
- Your uncle would receive his own share based on the number of heirs from your grandfather’s side.
For example:
- Let’s say your grandfather’s estate was worth 4 parts.
- Your father and uncle would each receive 2 parts (since there are two sons).
- After your father’s death, his 2 parts would be inherited equally by you and your two sisters (1/3 of 2 parts each).
- Your uncle would still receive his 2 parts.
- Your cousins (uncle’s children) would share his 2 parts among themselves.
4. Legal Action:
- You may need to approach the court or a lawyer to properly partition the property if there is any dispute or if legal documentation (like a will) is not available.