Property succession – Ownership change

Law firm in Bangladesh

Written by Barrister Sanwar Hossain- Lawyer in Bangladesh

Succession in Bangladesh is based on religion of the individual. As 90% of the population in Bangladesh is Muslim, I shall discuss how Muslims inherit property in Bangladesh. A Muslim need not execute any Will for his property during his/her lifetime. As soon as any person dies his successors become owners as per the Quranic laws and prevailing laws of Bangladesh. We shall not go into details of how property is distributed amongst co-heirs. However I shall discuss what percent the most common heirs receive. Mother of the deceased gets 1/6 th of the estate, wife gets 1/8 th . Then the remaining property is distributed amongst children. A male child receives double the amount a girl child receives. In case the deceased does not have any male child the girl child gets half and if the deceased has more than onefemale children then they get 2/3 rd of the estate. In the case the deceased had no male child his brothers and sisters will also inherit a portion of the property.

The first step the heirs should take is to obtain a Warisan certificate from City Corporation/ Municipality corporation or Union Council. Along with the Warisan certificate the heirs need to apply for Namjari in Assistant Commissioner land office. Once the heir gets a Namjari or mutation in his/her name they can sell the property. After Namjari they shall pay land rent. If the property is inside City area they shall apply for name of change in holding tax paper.