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Rights of Sisters and Mothers in Compensation for Land Acquisition

Question

I own a shop, and during the construction of a government road, the government took half of our land and compensated us with money. My brothers will receive the payment, but now we are told that my sisters and mother will not receive any share. Is this legal?

Answer

In Bangladesh, the acquisition of land by the government is governed by the Land Acquisition Act, 2017. Here are the key points to consider in your situation:

  • Compensation Distribution: According to the law, when land is acquired, compensation is usually given to the landowner. If your father’s name was on the land title, your brothers, as legal heirs, may be entitled to the compensation. However, this does not mean that your sisters and mother are excluded from receiving a share.
  • Legal Heirs: After your father’s death, all his children, including you and your siblings, along with your mother, are considered legal heirs. Under Bangladeshi law, all legal heirs have a right to inherit property, which may include any compensation received from land acquisition.
  • Inheritance Rights: The Hindu Succession Act, 1956, applies to Hindus and provides that daughters have equal rights in ancestral property. Similarly, under the Muslim Personal Law (Shariat) Application Act, 1936, daughters are entitled to a share of their deceased father’s property, although this share is typically half that of the sons.
  • Entitlement to Compensation: Therefore, if the compensation is based on the land acquired, all legal heirs should receive a fair share of that money. You and your sisters can claim your rightful share as heirs.
  • Next Steps:
    • Legal Action: If your brothers refuse to share the compensation, you can take legal action. You may file a case in court seeking your rightful share of the compensation.
    • Consult a Lawyer: It is advisable to consult with a lawyer who specializes in property law to assist you in this matter and represent your interests.