Question: We are five sisters and have no brother. Earlier, the property was in my father’s name, but now the property has been gifted to my mother. Can my uncle or cousin claim any share now?
Answer: In Bangladesh, when property is gifted during a person’s lifetime, the rules around inheritance can change significantly. Here’s what typically happens:
- Gift to Mother: If your father has gifted the property to your mother while he is alive, it means your mother becomes the legal owner of the property. According to the Muslim Personal Law (Shariat), once the property is gifted and legally transferred to your mother, she becomes the owner, and it is not part of your father’s estate for inheritance purposes.
- Rights of Sisters: As your father’s legal heirs, you and your sisters would normally inherit your father’s property after his death. However, since the property is now legally in your mother’s name, your father’s estate is no longer a concern in this case. Your mother can choose how she wishes to distribute or manage the property.
- Can Uncle or Cousin Claim a Share?:
- Uncle: Your father’s brothers (uncles) do not have a direct claim to the property after it is gifted to your mother. Since the gift has already transferred ownership, your uncle will not have a share.
- Cousin: Similarly, if your father had no brothers (your uncles) and the property was transferred to your mother, your cousin (the child of your uncle) also does not have any direct claim to it. Inheritance laws in Bangladesh prioritize the children and spouse of the deceased father, not extended family members like cousins, unless there is a specific provision made in a will.
- Mother’s Right to Distribute: Your mother can choose to share the property with you and your sisters or keep it to herself. If your mother passes away, then her heirs (you and your sisters, as her children) would inherit the property according to the law.