Question: My grandfather’s 3 acres of land was deeded to me and my father-in-law, and the rest to my grandmother after his death. The land that was in the name of my grandmother was to be divided between me and my father-in-law when she passed away. However, before my grandmother’s death, all these properties were deeded to my mother-in-law. The land in my grandmother’s name was recorded in 1984, where I and my mother-in-law were to share it equally. But after my grandmother’s death, the land was not recorded in her name, and my mother-in-law has taken action regarding it. Will I still get my share of the land according to the original record, or will the deed transfer by my mother-in-law be valid?
Answer:
- Ownership of Land: The deed transfer to your mother-in-law may be valid if it was legally executed and properly registered. However, the original agreement between you and your father-in-law about the land transfer upon your grandmother’s death may still hold weight, especially if it was formalized or documented.
- Legal Challenge to the Deed: You can challenge the Heba deed (gift deed) executed by your grandmother and then transferred to your mother-in-law if you believe that it was done fraudulently or without proper legal procedures. The fact that the land was originally intended to be divided between you and your father-in-law may give you a legal claim.
- Inheritance Rights: According to Bangladesh inheritance law, property held in the name of the grandmother and recorded before her death should be passed on according to her will or legal heirs. If your mother-in-law transferred the land after your grandmother’s death, you may have the right to contest this transfer, particularly if it bypasses your entitlement.
- Court Action: If there is a conflict regarding the deeds, you should consult a property lawyer. You may need to file a civil suit for a declaration of your rights to the property, especially if the land was supposed to be shared according to an earlier arrangement or the laws of inheritance.