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November 30, 2003 

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.

Q: I would appreciate if you kindly let me know how to distribute the property left by my parents. We are two brothers and three sisters. My younger brother died before the death of my father and mother leaving behind two daughters moreover his wife got married again. I have a son and a daughter. I look forward to your kind advice how to settle our properties and money left by my parents according to Muslim Law.
Sheikh Rahman,
On E-mail

Your Advocate: Before the Muslim Family Laws Ordinance.1961, came into force the offspring of the predeceased sons or daughters did not inherit any property of their grandparents. Section 4 of the Ordinance for the first time laid down laws creating hereditary rights of the children of the predeceased sons and daughters. You have not mentioned the time of your parents' death. Attendant facts and circumstances suggest that they have died much after 1961 and the Ordinance of 1961 applies to your case. Presuming that the law applies to your case the persons who stands out as heirs of your late parents are their one son (you), three daughters and two grand daughters, that is two daughters of their predeceased son. Law does not create any hereditary right to the wife of a predeceased son more so she has taken a second husband therefore she stands excluded. As for your sons and daughters, they are excluded by you as far as their grand parent's property is concerned. Section 4 of the Muslim Family Laws Ordinance.1961, says - 'in the event of death of any son or daughter of the propositus before opening of succession the children of such son or daughter shall receive per stripes a share equivalent to the share which such son or daughter would have received, if alive.' Therefore, for convenience first distribute the entire property of your parents among your three sisters, late brother, as if he is alive and you. As in Muslim law son always takes double the share of the daughter you and your brother take 2/7 each and your sisters take 1/7 each. Under the Muslim law daughters cannot inherit the entire estate of their father in usual situation. Daughters irrespective of their numbers, take a maximum of 2/3rd of the same in absence of son. The two daughters of your deceased brother, therefore, will take a total of 2/3rd equally from the share of their late father and the rest 1/3rd will go to you and your sisters again at the ratio of 2:1 as full brother and sisters of the deceased brother.