Question:
My maternal grandfather married twice. My mother and aunt were born in his second marriage. My grandfather and grandmother passed away over 20 years ago, leaving behind many assets. Most of these assets were sold by my uncles. My mother and aunt are still alive, but the uncles are refusing to give them their share. How can my mother claim her part of the inheritance?
Answer:
In Bangladesh, daughters have inheritance rights to their father’s property, even if the property was sold by the uncles. Since your mother and aunt are still alive, they are legally entitled to a share of their father’s property.
Here’s how they can claim their inheritance:
- Identify the Legal Heirs
First, establish the legal heirs of your maternal grandfather. Under Muslim inheritance law, your grandfather’s children (sons and daughters) are the primary heirs. The share of each heir may depend on whether the inheritance falls under Muslim or Hindu law, but daughters are entitled to inherit. - Check for Property Documentation
Gather any documents or records related to the ancestral property, such as the land deeds, sale documents, and witness statements. Even if the property has been sold, your mother and aunt are entitled to their share of the value of the property. - Claiming Inheritance in Court
If your uncles are unwilling to share the inheritance, your mother and aunt can file a civil suit for inheritance in the family court. They will need to provide proof of their relationship to the deceased and the rightful inheritance under the law. The court can help establish the fair division of the property or its value. - Legal Steps
- If your uncles sold the property without distributing the proceeds, they may be obligated to pay your mother and aunt their rightful share.
- Legal advice is crucial to ensure all documents are in order and to determine the best approach for filing a case in court.