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Who Inherits Property if a Pregnant Woman Dies Before Delivery?

Question:

If a housewife who is sick and pregnant dies, leaving behind bank money and land, and the baby survives, who will inherit the property? Will the woman’s brother, sister, or parents get a share?

Answer:

In Bangladesh, the inheritance laws are governed by Muslim Personal Law (if the deceased is Muslim) or Hindu Succession Act (if the deceased is Hindu). The situation you’ve described can be explained in the following way:

1. Inheritance of Bank Money and Land:

  • If a pregnant woman dies and her baby survives, the baby has inheritance rights over her property, including the bank money and land. The baby would inherit a share as a legal heir.
  • After the woman’s death, if the baby is born alive, the baby becomes one of the rightful heirs and will receive a share of the deceased mother’s property, which will include both movable (bank money) and immovable (land) assets.

2. Inheritance Rights of the Baby:

  • If the woman dies before giving birth, the baby inherits the mother’s property upon being born alive, as the baby is considered a legal heir.
  • If the baby does not survive the birth, the inheritance will pass according to the general inheritance rules applicable to the mother’s family.

3. Inheritance by the Husband:

  • The husband will also be a legal heir and will get his share from the woman’s property, including the bank money and land. In Islamic law, the husband receives one-fourth of his wife’s estate, and under the Hindu Succession Act, the husband also has rights to a share of the wife’s property.

4. Share of Parents, Siblings, and Other Relatives:

  • If the woman dies and her baby survives, the woman’s parents and siblings (brother and sister) do not automatically inherit unless the baby does not survive. If the baby survives, they will inherit according to the rules of Muslim or Hindu inheritance law, and the child will get the share due to them.
  • Parents, siblings, or other relatives only inherit if there are no surviving children. In your case, as the baby is alive, the child will inherit and others will not have a direct share.