Question:
My wife’s father passed away four years ago, leaving behind a wife, two sons, and two daughters. Recently, my wife received a “legal opinion” letter delivered informally. It states property allocation among heirs but mentions only the land, not the building on it. Neither daughter was consulted or gave consent during the survey. My questions are:
- How valid is this legal opinion without women’s consent?
- Is a reply to this letter necessary?
- Don’t daughters have rights to the building as well?
- How can daughters claim ownership of the building if they are allocated only land around the house?
Answer:
Under Islamic inheritance laws applicable in Bangladesh, daughters are entitled to inherit a specific share of all properties, including both land and buildings, left by their father. Sons typically receive a share double that of daughters, but women’s consent is essential in any settlement regarding property distribution. A “legal opinion” without the daughters’ knowledge or consent holds no legal validity. Here are the answers to your questions:
- Validity of the Legal Opinion:
The “legal opinion” is not binding. Without the consent of all legal heirs, such a document cannot legally finalize the division of property. Distribution without following Islamic inheritance law can be challenged in court. - Replying to the Letter:
It is wise to reply to the letter to formally dispute its contents. Mention that the daughters were neither consulted nor provided with their rightful share. This establishes your position and prevents further misrepresentation. - Daughters’ Rights to the Building:
Daughters are entitled to a share of the building as well, not just the land. The house is part of the deceased’s estate and should be divided according to the same inheritance rules. - Claiming Ownership of the Building:
If daughters are allocated only drainage or empty space, they can challenge the distribution in court. File a legal claim for their rightful share of both the land and the building. Documentation, including the property’s Dag and Khatian details, will be essential for the claim.