Question: If the property is in the name of an unmarried daughter, who will be the legal heir after her death?
Answer: In Bangladesh, the inheritance laws governing property of an unmarried daughter follow the principles of Muslim Personal Law (if the family follows Islamic law) or Hindu law (for Hindu families). Here’s how inheritance works in both cases:
- Under Muslim Law:
- If the unmarried daughter dies without leaving a will, the property will be distributed according to the Shari’a inheritance rules. The heirs will typically include:
- Parents: The father and mother will inherit a portion of her property. The father generally receives a larger share.
- Siblings: The brothers and sisters of the daughter will also inherit the property, depending on whether the deceased has any children.
- If the unmarried daughter has no surviving children, spouse, or direct descendants, her property would go to her parents, and if they are not alive, to siblings or other close relatives.
- If the unmarried daughter dies without leaving a will, the property will be distributed according to the Shari’a inheritance rules. The heirs will typically include:
- Under Hindu Law:
- In Hindu law, if an unmarried daughter dies intestate (without a will), her property will pass on to her parents first.
- If her parents are deceased, the inheritance will be divided among her siblings.
- In the absence of parents or siblings, the property may go to other relatives, such as paternal uncles/aunts or cousins.
- Will or Gift:
- If the unmarried daughter made a will (known as “Wasiyat” under Muslim law or a regular will under other laws), she can specify how she wants her property to be distributed. However, if she has not made a will, the statutory inheritance rules will apply.
- The property can also be transferred via a gift (Heba) before her death.