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January 18, 2004 

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 refer to your valued reply vide The Daily Star "Reader's queries-Your Advocate" column of 14/12/2003 issue, last paragraph captioned "Correction" wherein I quote,

"Section 4 of Muslim Family Law Ordinance 1961, 2(Two) daughters will receive the entire property of the deceased to the exclusion of others" un-quote. My husband was assassinated on 12/09/01 & in a locally held salish/arbitration on 09/09/2002 by 3 Ward Commissioners, agreement was reached to pay me Tk.4 Lacs as stipulated in my Kabinama & allowances etc..., Unfortunately, my powerful & notorious in-laws refused to pay a single poisha. Above all else the relevant (1) ward commissioner for obvious reason(s) refused to furnish me with the original said salish agreement. My question is in various banks about tk.3 lacs balance of my late husband, blocked by the bank(s). So, my only daughter now around 18 months of age, being only a minor is she also entitled to the entire bank balance? This is the only tangible balance that, exists as my late husband's other properties, my in-laws manipulated in their names for the past 2 years.
Rokeya K Putool,
Firozsha Colony,Chittagong.

Your Advocate: I gave you some guidelines and advice in my earlier reply published on 27 July, 2003. That was also on the ordeal of your widowhood faced in your matrimonial home particularly in respect of your and your daughter's various entitlements . Your present question is more specific. That is your late husband has in his name Tk.300000/- in various Bank accounts. Your in-laws have stopped their operation so that you cannot withdraw the amount. Your attention is now attracted to a recent opinion given by me on somebody else's problem with reference to Section 4 of the Muslim family Laws Ordinance,1961. The section 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, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received, if alive." You are now dwelling on the impression that your daughter being the only child left behind by your husband is entitled to the entire amount lying in your husband's bank account. No, this is a mistaken analogy because your case is different. The opinion you have referred to is about the entitlements of the grand children to their grandparent's property on the event of death of their parents before the grand parents. Here it is the question of daughter's entitlement to her father's property which is in question. So section 4 of the Muslim Family Laws Ordinance,1961, is not applicable to your daughter's case. .

As for the bank accounts, generally the account holder is required to nominate anyone for avoiding complications in disposing of the money on the event of the depositor's death. It is customary with the bankers to pay the amount of deposit to the nominee appointed by the depositor. A minor also may be appointed as the nominee. Please check with the Bank accounts whether there is any nominee appointed by your husband. It seems more likely that either your or your daughter's name is there as nominee. If you are so appointed you can withdraw the entire amount and the Bank cannot prevent you from withdrawing the money. If your daughter's name is there please check whether the depositor has authorized you to receive the money on behalf of your minor daughter. Such authority also gives you the right to withdraw the money deposited in banks. If nothing of the kind is there you will have to go by the share indicated in a succession certificate to be procured from court.