Question: My father has four brothers and five sisters. None of my grandparents are alive. My grandfather did not divide any property. While my father was abroad, he took a place which was in my grandfather’s name. None of my uncles are willing to share space. They say that they are grabbing for themselves wherever they can. My father is a simple man and he left it to Allah. Many cheated. So now he is not making his claim. Note that my first and second uncles are dead. Now I want to understand my father’s share. What steps should we take to understand my father’s part? How much will my father get? My father doesn’t know exactly how much space there is because he was abroad for a long time and it was all in the hands of my uncles. Please help me with proper advice. Thank you.
Answer: In your situation, where the inheritance of property from your grandfather is unclear, here are the steps you should follow to understand your father’s rightful share:
- Check the Inheritance of Your Grandfather’s Property:
Since your grandfather did not divide or distribute the property, it will be considered part of his estate. The property would have passed on to his legal heirs, which would include his children (your father and your uncles). In the absence of a will, the property would be divided according to the legal inheritance rules. - Determine Legal Heirs:
- Your father is one of the legal heirs of your grandfather, alongside your uncles and aunts.
- Your deceased uncles would have passed their share to their children (your cousins), if they had any. If your uncles had no children, then the share would pass to their legal heirs (i.e., their siblings, including your father).
- Property Value and Share:
- Your father’s share will be determined based on the number of living heirs. For example, if there were five children (your father plus his four brothers), your father’s share would be one-fifth of the total value of the property.
- Deceased uncles may still have their share passed down to their children, meaning the total number of heirs may affect the share.
- Steps to Take:
- Step 1: Visit the local land registry office to identify the property records and determine how much land was in your grandfather’s name and its current status (who is listed as the owner).
- Step 2: If your father has not formally claimed his share, you will need to establish his claim through legal channels. This can involve seeking an inheritance certificate or legal documentation that outlines your father’s rightful share.
- Step 3: It’s also important to talk to a lawyer who specializes in property and inheritance law in Bangladesh. The lawyer can help you understand the inheritance process and file necessary claims if your father’s rights are being ignored.
- Step 4: If there is a dispute among family members, such as your uncles refusing to share, mediation or legal action may be required to enforce your father’s right to his share.
- Possible Legal Action:
If your uncles are blocking your father’s share or refusing to provide information, you can seek legal advice and take the matter to court. You may need to file a suit for partition or an inheritance claim to get a fair distribution of the property.
Your Father’s Share:
The exact share will depend on the total property value and the number of heirs. If your father was one of five children, his share would be one-fifth, but this could be affected by the number of grandchildren or deceased siblings.
To summarize, you need to:
- Investigate the property’s legal status and value.
- Consult with a lawyer about inheritance and property rights.
- Take legal action if necessary to protect your father’s share.