Question:
I know brothers get double what sisters get during the division of father’s property. Now, my question is whether brothers will get double what sisters will get during the division of the mother’s property?
Answer:
In Bangladesh, the division of property, including a mother’s property, is primarily governed by Islamic inheritance law (Shariah law). The inheritance shares for sons and daughters are different based on the type of property and the family relationship.
- Division of Mother’s Property:
- When the mother is alive and decides to distribute her property among her children, she has full discretion in doing so, as long as it is within her lifetime. However, if the mother has passed away, her property will be divided among her legal heirs as per Islamic inheritance laws.
- Shariah Inheritance Law:
- According to Islamic inheritance law, the share of sons and daughters is different. Sons generally receive double the share of daughters. This principle applies to the inheritance of both father’s and mother’s property.
- If the mother leaves behind two sons and two daughters, the estate would be divided into six equal parts. Each son would receive two parts (double the share of a daughter), and each daughter would receive one part.
- Legal Context:
- This rule applies equally to the property of both parents (father and mother) under Islamic law. However, if the mother has specified different instructions in a will or deed, those instructions will take precedence as long as they comply with Shariah law and the inheritance rights of other heirs are not violated.
- Exceptions:
- If there is a specific will or other legal provision made by the mother, the distribution may differ. But typically, in the absence of a will, sons will receive twice the share of daughters under Islamic inheritance principles.