Question 1:
Assalamu Alaikum, I have two questions. Seeking advice from learned lawyers.
A father who has more than one child. That father does not want to distribute his share of wealth while he is alive, to write it down to someone. Because, he thinks that by doing this, his honor will be lost, his importance will decrease, wealth will be lost etc. Now the relationship between his children is not good. It is feared that in the absence of the father, he may face major problems with the sharing of this wealth. In this case, is there any method? Through which the father himself will distribute his wealth fairly among the children, but as long as the parents are alive, no one will get the wealth. Parents will have priority over the property but after their death the children will get their share.
Answer:
Wa Alaikum Assalam. In the situation you’re describing, the father can take steps to ensure that his property is divided fairly among his children after his death, while still maintaining control over the wealth during his lifetime. There are a couple of ways he can legally handle this:
- Gift Deed with Condition: The father can execute a gift deed where he gives ownership of the property to his children, but the right to possession remains with him and his spouse during their lifetime. This is a conditional gift where the children’s share is officially recognized, but they will not have access to or control over the property until both parents pass away. This would need to be legally documented and registered.
- Will: Another option is for the father to write a will clearly specifying how the property should be distributed after his death. In this case, the property remains under the father’s control until his passing, but upon his death, the assets will be divided among the children according to the will. This avoids the potential for disputes after his death and ensures that the father’s wishes are respected.
- Trust: A more structured option is setting up a family trust, where the father can transfer assets into a trust, with instructions on how the assets are to be managed and distributed after his and his wife’s death. This allows for control over the wealth during their lifetime while ensuring a fair distribution to the children after they pass away.
Question 2:
There is a supposed rule in our society that the wealth of mother’s name goes to girls. How true is it at all? Does the son have no share in the wealth of the mother’s name and how much?
Answer:
This belief is partially based on traditional customs but does not fully align with legal principles. Under Bangladeshi inheritance law, especially as influenced by Islamic law (which governs inheritance for Muslims), both sons and daughters have a right to inherit from their mother’s property. However, the share of inheritance differs between sons and daughters.
- Islamic Law: According to Islamic inheritance law:
- The sons inherit twice as much as the daughters. This means that if a mother has both sons and daughters, the son’s share will be double that of the daughter’s share.
- There are specific rules about the inheritance distribution, which are designed to ensure fair treatment of all heirs.
- Property Ownership: If the mother owns property in her name, she has the right to dispose of it as she sees fit, whether by sale, gifting, or passing it on through a will. Upon her death, the property will be inherited by her heirs (children, husband, etc.) based on the applicable inheritance law. In the absence of a will, the division of property will be in accordance with Islamic inheritance law or other relevant legal frameworks (if applicable).
- Legal Rights of Sons and Daughters: The legal rights of sons and daughters to inherit from their mother’s property will not differ based on gender in terms of legal recognition of inheritance. The difference comes in the proportional share under Islamic law.