Question
My father passed away 24 years ago, and we are 8 siblings. The eldest brother has all the property deeds and documents left by our father. The rest of us want to sell and divide the property, but our eldest brother refuses to cooperate and denies having any of the money our father left behind. He even withdrew money from my mother’s bank account after her death. He misbehaves when asked about dividing the property. Is there any legal way we can proceed to divide the property?
Understanding Inheritance Rights Under Bangladeshi Law
In Bangladesh, the distribution of a deceased person’s property, both movable and immovable, is governed by Islamic inheritance law (if you are Muslim). Under this law, all heirs are entitled to their respective shares of the property. As children, each of the 8 siblings, along with your mother (if she is still alive), is entitled to a portion of the estate.
Key Points on Property and Inheritance:
- Equal Entitlement: All siblings have a legal right to the property left by your father, and the eldest brother cannot unilaterally decide to keep it or prevent its sale.
- Share of Inheritance: The estate should be divided according to Islamic inheritance principles, where sons receive twice the share of daughters. If your mother is still alive, she is also entitled to her share.
- Role of the Eldest Brother: Even though your eldest brother took care of the family after your father’s death, that does not give him legal ownership or control over the entire property. He is merely a co-heir like the rest of you.
Legal Steps to Divide the Property
If the eldest brother is not cooperating and refuses to divide the property, you can take legal action. Here’s what you can do:
1. File a Partition Suit
- You can file a partition suit in the civil court. This is a legal action where the court will divide the property among the heirs according to their rightful shares.
- The court will first determine each heir’s share, and then order the division of the property, either physically or by selling the property and distributing the proceeds.
2. Request for Property Documents
- If your brother refuses to provide the documents related to the property, you can petition the court to order him to submit the documents. The court may summon your brother and require him to produce the deeds and other relevant paperwork.
- If he continues to withhold them, the court can issue orders for the documents to be obtained from other sources, such as the local land registry.
3. Investigate the Bank Withdrawal
- Since your brother withdrew money from your mother’s account, it may be necessary to investigate whether this was done legally or with authorization. You can request bank statements or approach the court to look into whether any fraud or undue influence was involved in obtaining your mother’s signature.
4. Appoint a Guardian or Administrator
- If necessary, you can request the court to appoint an independent administrator to oversee the sale of the property and ensure that the proceeds are fairly distributed among all heirs.
5. Mediation Before Filing a Case
- As an initial step, you may consider mediation through a third party or local leaders (such as family elders or religious leaders) to resolve the issue amicably. Mediation may help avoid prolonged litigation and facilitate a quicker resolution.