Question:
My grandfather passed away last December. His only son (my uncle) died a few months earlier, leaving behind a wife and daughter. My grandmother, my mother, and my aunt are still alive. How will the property be divided? Does my uncle’s death affect his daughter’s share? Will the cousins of my uncle get anything under Islamic law?
Answer:
The division of property in your case follows Islamic inheritance law, which applies in Bangladesh for Muslims. Here’s how the property will be distributed:
1. Identifying the Heirs:
Upon your grandfather’s death, the following heirs are entitled to the property:
- Your Grandmother (Wife of the Deceased):
She is entitled to 1/8th of the property because the deceased has surviving children. - Your Mother and Aunt (Daughters of the Deceased):
Each daughter is entitled to a share of the remainder, split equally. - Your Cousin (Daughter of the Pre-Deceased Son):
Islamic law gives the children of a pre-deceased son the right to inherit their father’s share through the doctrine of Tawliyat.
2. Distribution of Shares:
- The estate is divided into 24 parts (based on common Islamic practice for such cases).
- Grandmother: 3/24 (1/8th share)
- Each Daughter (Your Mother and Aunt): 7/24 each
- Cousin (Daughter of Pre-Deceased Son): 7/24 (inherits the share her father would have received)
3. Notes on Exclusions:
- Your uncle’s cousins (i.e., your grandfather’s nephews) do not inherit because they are excluded by the presence of closer heirs like your grandmother, mother, and aunt.
- Your uncle’s widow does not inherit from your grandfather; she can only inherit from her deceased husband.
4. Legal Steps to Follow:
- Determine Total Property Value: Calculate the entire value of your grandfather’s estate.
- Apply the Shares: Divide the estate as per the shares mentioned above.
- Consult an Islamic Scholar or Lawyer: Seek help from a legal expert to ensure proper compliance with Sharia law.
If disputes arise, the heirs can approach the court for a formal partition of the property.