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Legal Steps to Claim Our Father’s Property After His Death

Question:

“We are three sisters. Our father passed away in 2014. We live on a small piece of land in Narayanganj, which we bought before my father’s second marriage. Our father had two brothers: he was the elder, and the younger brother, our uncle, lives in our family’s country house in Comilla. My father gave the title of our Narayanganj property to my uncle, thinking he would look after us, but did not change it afterward. Now, after my father’s death, when we asked about it, my uncle became hostile and demanded money, claiming my father bought the land without providing for the family. He said that if we pay him, he would transfer it to us. My uncle is a professor. He cut off contact after our guardians intervened. We do not visit the country house often, and he does not discuss the property there. We want to claim our father’s property but our house has not been re-registered. What can we do? Can we register the property in our names, or is there another option? My uncle has two daughters, but he refuses to communicate with us and doesn’t follow the guardians’ advice.”

Answer:

In Bangladesh, property inheritance and rights can be complicated, especially when there are disputes between family members. In this case, it seems that your father’s property was transferred to your uncle’s name before your father passed away, which complicates the issue of ownership.

Here’s what you can do:

  1. Seek Legal Help: Consult a lawyer to review your father’s will or any documents related to the property. If no legal will exists, you and your sisters may have the right to claim the property under inheritance laws. According to Bangladeshi law, daughters are entitled to inherit from their father’s property.
  2. Property Transfer Dispute: If the property in Narayanganj was transferred to your uncle’s name under unclear circumstances, this could be contested in court. You may file a lawsuit to recover the property, especially if your uncle is acting unfairly or is refusing to cooperate.
  3. Guardian Mediation: If your uncle is ignoring guardians’ instructions, you can seek help from a local court or a mediator to resolve the issue. This may involve an injunction or other legal measures to stop him from selling or transferring the property.
  4. Re-registering the Property: If your father’s name is still on the official records for the property, you may be able to re-register it in your names by proving your inheritance rights. The process may require presenting proof of death, your father’s legal heirs (you and your sisters), and other documentation. A lawyer can guide you through this process.
  5. Legal Claims Against the Property: If your uncle demands money in exchange for transferring the property, this could be seen as a form of coercion or illegal demand. You can bring this to the court’s attention, which can issue a ruling to prevent such exploitation.