Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law. Send your queries to the Law Desk, The Daily Star. A panel of lawyers will address your problems.

Q: I would like some clarification on the Law of Inheritance under the Muslim Law in Bangladesh: (1) If a male Muslim has left behind property in his name, how will it be inherited by his wife and children (i) if there are sons and daughters (ii) if there are only daughters? Can there be other legal heirs of this property? (2) If a female Muslim has left behind property in her name, how will it be inherited by her husband and children (i) if there are sons and daughters (ii) if there are only daughters? Can there be other legal heirs of this property? Does the situation differ for the husband if the subject property was gifted to the wife by the husband in the first place? (3) If a Muslim husband has gifted property to his wife, can he legally cancel or claim back the gift (i) under any circumstances (ii) under compelling circumstances, ie. divorce or separation, death of wife? (4) Is a Will legally valid for property and cash wealth in Bangladesh? (5) Is the Nominee system (bank accounts, savings certificates, company or government pension and provident funds etc) legally valid, i.e. cannot be contested in court by legal heirs?
Z.A. Khan
67 Gulshan North Avenue,
Dhaka 1212.

Your Advocate: Most of your questions are on the Muslim- inheritance. Let me address them accordingly (1)(i) Under Muslim law between brothers and sisters the ratio is 2:1 that is, brother taking double the share of the sister. ii) ½
, if there is only one daughter and 2/3 if there are more. Yes, the nature of the share indicates that others have entitlement to the property. Rest of the property will go to the residuary, i.e., brother, father, grand father, uncle, brother's sons etc. how high or low so ever. (2) Between sons and daughters only the ratio always is 2:1. Yes, the rest of the property will go to the residuary as in the case of a male. Yes, if the property is already gifted to the wife or any one else the gifted portion will be excluded from distribution. (3) Under no circumstances if the gift is complete. (4) Yes, will apply to cash as well as the landed property. (5) Opinion may differ. But my considered view is that the system of showing a nominee in the circumstances as you have mentioned is more a rule of convenience than of law relating to title. Somebody, suppose a son, is made nominee generally for the purpose of convenient disposal of the account or dealing with other interests lying with the Govt., Companies etc. in absence of the public servant, account holder/ owner as the case may be. It can not be construed to mean that the original claimant by that way contemplated deprivation of all his other heirs on his/her death. Therefore, such attempt, if taken, by the nominee is open to challenge in any appropriate court of law if there is nothing for the nominee to show that the original claimant intended the nominee to be sole beneficiary of his claim.