Question: If the mother has no sons (has three daughters), will the share of wealth be given to the uncle or the uncle’s sons?
Answer: In Bangladesh, the inheritance laws depend on whether the family follows Muslim Personal Law or Hindu law. Here’s how inheritance works in both situations when the mother has no sons and only daughters:
- Under Muslim Personal Law:
- If the mother passes away and has only daughters, the property will not be inherited by her uncle or uncle’s sons (her brothers or nephews).
- The daughters are the primary heirs to the property, as long as the property was not gifted to others or transferred away during her lifetime.
- In Muslim law, the property is generally divided among the daughters, with each daughter receiving a share of the inheritance. If there is no son, the uncle or his sons do not have a claim to the property unless there are no direct heirs (such as children or husband) and specific legal provisions apply.
- Under Hindu Law:
- Similarly, under Hindu law, if the mother has no sons, the property will be inherited by her daughters.
- The uncle or his sons (the mother’s brothers or nephews) will not have a claim to the property unless the daughters are legally incapable or there are no other direct heirs.
- Hindu inheritance law ensures that daughters inherit the property equally, and the uncle’s sons will have no claim unless explicitly mentioned in a will or specific circumstances.
- Special Circumstances:
- If the mother made a will or a gift deed during her lifetime, the inheritance may follow the instructions specified in that document.
- However, without such documents, the daughters will be the legal heirs and entitled to the property.
Thus, in both Muslim and Hindu law, the uncle and uncle’s sons will not inherit the property if the mother has no sons and has three daughters. The daughters will be the primary inheritors.