Question:
My sister divorced her first husband and has a 3-year-old daughter. Her ex-husband does not pay the Kabin amount or child expenses. She has remarried, and her second husband wants to raise the child as his own, including replacing the biological father’s name with his own in the birth registration. If this happens, will the child lose inheritance rights from her biological father? Also, will the child have any right to inherit her stepfather’s property?
Answer:
Here is the legal clarification regarding the child’s inheritance rights under Bangladeshi law:
1. Inheritance Rights from the Biological Father:
- The child retains her inheritance rights from the biological father regardless of any changes made to her birth registration or identity documents.
- Inheritance is governed by Islamic Law (if the parties are Muslim) or the applicable personal law, which does not depend on documentation but on biological lineage.
- Even if the child’s documents reflect the stepfather’s name, the biological father’s estate will still consider her a rightful heir.
2. Inheritance Rights from the Stepfather:
- The child has no automatic inheritance rights in the stepfather’s property under Bangladeshi law.
- The stepfather can only give the child a share of his assets through a will (wasiyat) or gift (hiba).
3. Legal Implications of Changing the Father’s Name:
- Replacing the biological father’s name with the stepfather’s name in official documents like birth registration is legally questionable.
- This act can lead to legal complications and may be considered a violation under the Birth and Death Registration Act, 2004.
4. Recommendations:
- Maintain the Biological Father’s Name:
Keeping the original father’s name in the birth certificate ensures that the child’s inheritance rights are preserved without legal disputes. - File a Maintenance Case:
Your sister can file a case under Section 5 of the Family Courts Ordinance, 1985, to claim unpaid dower (Kabin money) and ongoing child maintenance from her first husband. - Establish a Legal Will:
The stepfather can make a will to include the child in his estate if he wishes to provide for her.