Hindu law of inheritance in Bangladesh
Inheritance and succession are terms that are frequently used interchangeably. Inheritance is the legal, automatic transfer of a deceased person's state and property to his family members and loved ones (heirs). Inheritance is governed by personal law for Hindus, just like in any other nation, though some modifications have been made over time through the adoption of statutory laws. Let's examine the foundation of Hindu inheritance law in Bangladesh.
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| Hindu law of inheritance in Bangladesh |
Bangladeshi Hindus adhere to the Dayabhaga School of Hindu Law. We will talk about the Dayabha school of Hindu law's tenets and practices along with the statutory modifications that have been approved and are currently in effect in Bangladesh and that impact the most practical aspects of modern life.
the hiring hierarchy, and with a few exceptions listed below, one will exclude another.
List of hires in chronological order
- The son
- Grandson
- Great-grandson
- Widow / Wife | 4A. Predeceased Son’s widow / Wife
- Daughter
- Daughter’s son
- Father
- Mother
- Brother, etc.
We will focus on them according to the orders of heirs under this school.
Principle of Representation or Per Stirpes:
In this scenario, each individual represents their predecessor and receives the same quantity of property that their predecessor could have acquired had they been alive. Per stirpes, which translates to "per line of blood," means that the more individuals in a line, the more property will be divided within that line. Take a look at the image below; the description will make it easier to understand.
limited interest in women’s inherited property
Widows, daughters, and other women on the hire list only receive limited interest, which means they can benefit from the property but are unable to sell, transfer, or own it unless there are exceptional circumstances that require doing so in order to preserve it for future heirs. When that female heir passes away, this limited interest expires, and these properties will pass to other heirs in the deceased person's order of heirs.
- She is not eligible for another marriage.
- She can't be an unchaste woman.
- If there are multiple widows, their combined property is equal to that of a son. son.
However, it should be noted that women also possess another type of property called Stridhan.
The Stridhan
"Sthidhan" refers to any property—movable or immovable—that a woman has acquired or received through any means, including gifts, is her own property. She has complete title to it, is free to do with it as she pleases, and it will be divided among her heirs upon her passing.
Dower
Because of the rule of limited interest in women's inherited property, it is commonly believed that women receive nothing from their fathers' property. This is not entirely accurate, but it is a de facto fact because daughters can only inherit if there are no heirs in accordance with orders 1-4 and 4A.
Does Hindu law allow a daughter to inherit?
The definition of inheritance now determines the response. Now, according to the commonly accepted definition, inheritance is
According to this definition, daughters do inherit their father's property, but under certain restrictions.
- The first requirement is that if someone on the list comes before me, my daughter won't receive the property. This implies that a daughter or daughters of any person from order 1 to order 4A will not inherit any property.
- She will only receive the limited interest if she acquires any property.
What would happen to the daughters under Hindu law, one might wonder? In that scenario, it is the responsibility of those who inherited her father's property to provide maintenance if the daughter or daughters are underage, single, or widowed but are not supported or maintained by her husband's family. IC. 161, 56 [Please let us know in the comments section below if you would like more information about such maintenance.]
** Sons of daughters, brothers, uncles, or sisters receive per capita.
Order 7. Father: The father takes over in the event that the daughter's son fails.
Mother, order 8.
- The stepmother receives no property.
- She must be chaste.
- Not allowed to remarry
Brother, Order 9;
- Offering a full brother over a half-brother
Order 10, Brother's son; Brother's default
Order 11: Brother's son's son; follow the same instructions as before
Do not distinguish between a half-sister and a full-sister in Order 12, Sister's Son.
Paternal Grandfather, Order 13;
Order 14, Grandmother Paternal;
Order 15: Uncle Paternal;
According to Hindu law, when can someone be denied inheritance?
- Religion
- Renunciation of religion (Special Marriage Act, 1872, etc.)
- Moral
- Unchastely
- Addiction to vices
- Enmity to father
- Enmity to porosities
- Mental
- Insanity
- Idiocy
- Physical
- Blindness
- Deafness
- Dumbness
- Lameness
- Impotency
- Leprosy
- Barren
- And other incurable diseases
- A murderer of the deceased person and heirs of the murderer shall be excluded from inheritance.
Except for A and E, all of them though not preserve the right to inheritance but they shall have their right to be maintained by those who inherit the property. We will discuss Hindu Law Maintenance in another article.
The Hindu Women's Rights to Property Act, 1937
( ACT NO. XVIII OF 1937 )
An Act to amend the Hindu Law governing Hindu Women’s Rights to Property.
WHEREAS it is expedient to amend the Hindu Law to give better rights to women in respect of property; It is hereby enacted as follows:-
There are two major Schools of Hindu Law;
- Dayabhaga School of Hindu Law and
- Mitakshara school of Hindu law.
The heirs of a deceased person under Dayavaga School can be segmented into three classes according to the list.
Generally, the property will be transferred according to
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