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.

cross-border-divorce-for-bangladeshi-citizens-living-abroad

ROSS BORDER DIVORCE FOR BANGLADESHI

CITIZENS LIVING ABROAD

About 40 Million Bangladeshi citizens live abroad in foreign countries. Besides many more thousands have become citizens of different countries of the world namely USA, UK, Canada, Australia etc. Most of the Bangladeshi citizens living abroad (Non Resident Bangladeshis or NRBs) and foreign citizens of Bangladeshi origin or people having dual nationality i.e. being a Bangladeshi by birth and having a foreign Nationality as well have married in Bangladesh under the laws of Bangladesh. Having done so when they face family crisis and when the crisis reach the boiling point of executing a Divorce a dilemma is faced by the NRBs. The major questions that arise are:-

(I) Where should I apply for divorce?

(ii) Which country’s law isa applicable for me?

(iii) Can I serve a Divorce notice from abroad in Bangladesh?

(iv) Will my divorce under the laws of Bangladesh be recognized in the foreign country where I reside now?

These are a very few of the many questions that arise in the mind of the NRBs and also in the mind of the lawyers who work for them. Unfortunately the existing family laws of Bangladesh do not provide any clear answer to those questions. Actually the existing family laws of the land do not contain any guidance on the family law related disputes faced by Bangladeshi citizens living abroad. Although we lawyers have way out for the NRBs facing such problems but it is high time that the legislators take the matter into notice and relevant amendment to the family law needs to be made to address the above lacuna in law.

Author

Barrister Md. Sanwar Hossain
Advocate
Supreme Court of Bangladesh
sanwar@shossainandassociates.com
Dhaka, Bangladesh
S Hossain and Associates