Question
My grandfather had two families. The first family has 3 children (1 boy, 2 girls). The second family has 4 children (3 girls, 1 boy). My grandfather married the second wife after the first wife died. After my grandfather’s death, the property was divided between the two families. In the second family, 1 aunt died after getting married and had 1 son. After some years, that cousin also died. If my uncle is alive, he is not in contact. My question is:
- Since my uncle belongs to the second family, will the people in the first family get a share of the property? Before the death of the father-in-law, the property was divided between the two families.
Answer
In this situation, the property division and inheritance laws are governed by Bangladeshi inheritance law (specifically Muslim inheritance law if your grandfather was Muslim). Here’s how it applies:
- Division Between Two Families:
Since your grandfather had two families, and the property was divided between the two families after his death, each family would have received a share. In a typical scenario, the property would be divided among the surviving spouse and children, depending on the number of heirs. - Inheritance Rights of Children from Both Families:
The children from both families are entitled to inherit the property if they were alive at the time of your grandfather’s death. If your uncle (from the second family) is alive and in contact, he is entitled to his share as per the inheritance division that took place after your grandfather’s death. Since the property was already divided between the families, the first family would have received their portion, which should not be affected by your uncle’s inheritance. - Deceased Family Members (Aunt and Cousin):
If your aunt (from the second family) passed away, her share of the property would have been inherited by her legal heirs, i.e., her son. If that cousin later passed away without children or a will, the share would pass to their closest heirs. If your cousin had children, they would inherit his share. - No Impact on First Family’s Share:
The death of members from the second family (like your aunt and cousin) does not affect the share of property allotted to the first family. The division of property between the two families, as set by your grandfather before his death, remains unchanged. Therefore, the first family should have received their portion of the property as initially decided, regardless of what happens in the second family. - Legal Action or Clarification:
If there is any confusion or disputes about the property division, or if there are any issues about the ownership of the property after the death of family members, you may consider seeking a legal opinion or filing a civil case in court for clarification.