Question:
My grandfather has four sons, and the property has not been divided yet. My father has no sons, only two daughters. The other three uncles have sons. If the property is divided, will my father get an equal share as his brothers, or will he receive less?
Answer:
In this case, the property division will depend on the inheritance laws of Bangladesh, particularly if your family follows Muslim or Hindu laws.
1. If Your Family Follows Muslim Inheritance Laws:
- Under Islamic inheritance law, when property is divided among children, sons typically receive twice the share of daughters.
- However, since your father has no sons, he will inherit his share as an equal son in the eyes of Islamic law.
- Your uncles (your father’s brothers) will get their shares, and their sons (your cousins) will receive their own share as well.
- Since Islamic law gives equal rights to sons and daughters regarding inheritance from parents, your father will get an equal share with his brothers, even though he has no sons. The fact that he has daughters does not reduce his share in the division of his father’s property.
2. If Your Family Follows Hindu Inheritance Laws:
- If the property is considered ancestral property (passed down from your grandfather), it will be divided equally among all sons of your grandfather.
- Since your father is one of the sons, he will get an equal share as his brothers. The fact that he has no sons or daughters does not affect his share.
- Daughters do not inherit ancestral property in Hindu law unless a will specifies otherwise. However, if your father inherits the property, his two daughters (you and your sister) will inherit from him when he passes away.