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Protecting Inheritance and Residence Rights of Orphans in Bangladesh

Question:

My mother-in-law’s husband lived abroad but disappeared for 14 years. After waiting, she married her brother-in-law in 2007, who passed away in 2019. They had a daughter. After her husband’s death, her in-laws do not allow her or her daughter to stay in the house. The property was distributed to other family members, excluding them. What can my mother-in-law and her daughter do now to secure their rights?

Answer:

In this case, your mother-in-law and her daughter may have legal rights to the property under Bangladeshi inheritance laws. Here’s what they can do:

1. Understanding Inheritance Rights:

  • For the Daughter:
    Under Muslim inheritance law, a daughter is a direct heir to her father’s property. She is entitled to a share, even if the property has been distributed unfairly.
  • For the Widow (Your Mother-in-Law):
    As a surviving spouse, she is entitled to 1/8th of her late husband’s property if there are children.

If her first husband’s property is unclaimed, your mother-in-law may still claim her share as his wife.

2. Filing a Partition Suit:

If the property has been unfairly distributed, your mother-in-law or her daughter can file a partition suit in court. This will ensure the rightful division of property according to Islamic law.

3. Claiming Residence Rights:

Under the Domestic Violence (Prevention and Protection) Act, 2010, your mother-in-law can claim the right to reside in the marital home. The court may order the in-laws to allow her and her daughter to stay there.

4. Steps to Take Immediately:

  1. File a General Diary (GD):
    If the in-laws are preventing access or making threats, file a GD at the local police station.
  2. Contact a Lawyer:
    Seek legal help to draft and file a partition suit and a residence rights application.
  3. Request Mediation:
    Approach the local Union Parishad or a respected community leader for mediation.
  4. Guardianship for the Daughter:
    Ensure that the daughter’s guardianship and financial support are established under the Guardian and Wards Act, 1890.

5. Additional Notes:

  • If the property was transferred unlawfully, it can be challenged in court.
  • The daughter has the strongest claim to her father’s property under Islamic law.
  • Act promptly to prevent further complications in securing their rights.

The law protects the inheritance and residence rights of widows and children. Seek legal intervention to ensure justice.