Your Advocate
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.
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Query
I have a daughter and husband. I want to know if I die, who will succeed to my property and in what proportion? Again, if my husband dies, how much I and my daughter will get from husband's property?
It may be pointed that we have only child- a daughter.
Note: I am confused whether the daughter will get half or one third in regard to the above two cases?
Abu Ahmed bhuyan
Manikganj
Response
I would like to thank you very much for your query. As you have not mentioned your religion, it may well be presumed that you are a Muslim. Therefore, the distribution of property is governed by the provisions of the Muslim Law of Succession. The shares are fixed in the Muslim Sharia Law according to the class of heirs. Accordingly, upon your death, your husband will inherit one fourth of your property. Half of your property will be inherited by your daughter and one sixth will be distributed among your parents provided they remain alive. Thereafter, remaining portions of your property shall rest in favor of your other relatives like siblings.
In relation to your further query, in case your husband dies you and your daughter shall inherit one eighth and half of his properties respectively. One sixth of your husband's properties shall be inherited by his parents if they remain alive and remaining portions shall be distributed among his other relatives such as siblings.
I hope the aforesaid opinion shall help you to resolve the aforementioned queries.
For detailed query contact: omar@legalcounselbd.com.