Question: If the property is in the name of my father and he dies, will it be transferred to my cousin’s name? If my cousin does not claim it, will he still get a share?
Answer: In Bangladesh, the inheritance of property after the death of an individual is governed by the Muslim Personal Law (Shariat) Application Act, 1937 if the deceased is Muslim, and by the Hindu Succession Act, 1956 for Hindus. Here’s what typically happens in both scenarios:
- Inheritance by Legal Heirs: If your father passes away, his property will not automatically transfer to your cousin unless your father specifically bequeathed it to him through a will. In the absence of a will, the property will be inherited by your father’s legal heirs according to Islamic or Hindu inheritance laws. Generally, the heirs include the spouse, children, and in some cases, parents or siblings.
- If the Cousin Does Not Claim: If your cousin is not a legal heir (which is likely, unless he is your father’s child or named in the will), he will not automatically receive a share of the property. He can claim a share only if he is entitled under the law, such as being the child of your father’s sibling (i.e., your uncle or aunt). However, even if your cousin does not claim it, other legal heirs will still inherit their share of the property.
- Legal Rights of Heirs: The rightful heirs will have a claim to the property. If there are multiple heirs, the property will be divided according to Islamic or Hindu succession laws. For example, in Islamic law, a son typically receives twice the share of a daughter.