Inheritance Law Bangladesh: How Property Is Divided After Death

For Muslims in Bangladesh — the majority of the population — inheritance is governed by Muslim personal law, specifically the system of faraid (obligatory shares prescribed by Islamic law). These rules apply automatically upon death regardless of what the deceased may have said verbally during their lifetime.

The faraid system divides heirs into two main categories: Quranic heirs (Sharers) who receive fixed fractional shares, and Agnatic heirs (Residuaries) who take the remainder after the Sharers have received their portions. A property lawyer in Dhaka can help calculate precise shares for each heir in your family situation.

Key inheritance shares for common family situations in Bangladesh:

• Wife: 1/8 if she has children with the deceased, 1/4 if he had no children. She receives this share even if she has remarried.
• Husband: 1/4 if his wife has children, 1/2 if she had no children.
• Daughter: 1/2 if the sole heir (no sons), 1/3 each if two daughters and no sons. If there are sons, daughters receive half the son's share.
• Son: Sons are residuary heirs — they receive equal shares of whatever remains after Sharers are paid. Each son takes double the share of a daughter.
• Mother: 1/6 if there are children or multiple siblings, 1/3 if there are no children and not more than one sibling.
• Father: 1/6 with children; if no children, he is both a Sharer and a Residuary heir.

These are simplified illustrations — actual calculations depend on exactly which relatives survive the deceased. Always have a lawyer calculate the shares properly before distributing in an estate with multiple heirs.

Non-Muslims in Bangladesh inherit under their personal laws or the Succession Act 1925:

• Hindus: Governed by Hindu personal law (Dayabhaga school prevails in Bangladesh). Property typically passes to sons, with daughters receiving shares in some circumstances.
• Christians and others: The Succession Act 1925 applies. This broadly follows a spouse-plus-children distribution, with detailed rules for more distant relatives.

For non-Muslim inheritance disputes, a lawyer with expertise in the relevant personal law is essential — the rules are complex and community-specific.

Under Muslim law in Bangladesh, a person can make a will (wasiyat) but with important limitations:

• A Muslim can only bequeath by will up to 1/3 of their estate — the remaining 2/3 must pass under the faraid rules to legal heirs.
• A Muslim cannot make a will in favour of a legal heir who is already entitled to an inheritance share (to prevent favouring one child over others) — unless all other heirs consent after death.
• Wills for non-Muslims have more flexibility under the Succession Act 1925 — generally a person can bequeath their entire estate by will.

Wills in Bangladesh do not require registration, but registered wills are more difficult to challenge. Store your will safely and tell your executor where it is kept.

A heirship certificate (also called a legal heirship certificate or inheritance certificate) is a document issued by a court certifying who the legal heirs of a deceased person are and in what proportions they inherit. In Bangladesh, this certificate is essential for:

• Transferring bank accounts and fixed deposits of the deceased to heirs
• Filing for land mutation (namjari) of inherited property
• Claiming provident fund, gratuity, or pension benefits of a deceased employee
• Collecting insurance proceeds
• Registering inherited vehicles

Without a heirship certificate, institutions will typically refuse to deal with the heirs. Don't wait — apply promptly after a death occurs.

A heirship certificate is obtained from the Civil Court (typically the Assistant Judge's Court at District level). The process:

1. File an application petition with the court listing all legal heirs and their relationship to the deceased.
2. Attach: the death certificate of the deceased, National Identity Cards of all heirs, and supporting documents of relationship (birth certificates, Kabinnama).
3. The court issues notice and verifies the list of heirs.
4. A heirship certificate is issued — typically within a few weeks to a few months depending on the court's workload.

All major heirs must cooperate in the process. If there is a dispute about who the legal heirs are — for example, claims of secret marriage or disputed paternity — the matter escalates to contested litigation. A property lawyer can manage this process efficiently.

Most inheritance disputes in Bangladesh arise from:

• Undisclosed second marriages creating competing sets of heirs
• Pre-death transfers — land gifted or sold to one child, allegedly unfairly, before death
• Fraudulent mutation — one heir secretly mutating all land in their name after death
• Exclusion of female heirs — daughters being informally told they have no share (contrary to law)
• Disputed wills — wills challenged as forged or made under undue influence

Prevention: keep all title documents updated, have clear records of all family relationships, and if you own significant property, consult a lawyer about whether to formalise your estate planning with a will and clear record of your assets.

Bangladesh does not currently have a general inheritance tax or estate duty. Heirs inherit the deceased's assets without a specific tax on the inheritance itself. However:

• Stamp duty and registration fees apply when inherited land is formally transferred through a heba (gift) deed or other registered document.
• Inherited assets become part of the heir's income tax return going forward — any income generated from inherited property is taxable income of the heir.
• If you sell inherited property, capital gains may be taxable depending on the circumstances.

For complex estates involving significant assets, consulting a tax lawyer alongside a property lawyer ensures proper compliance with all legal requirements.

Yes. Under Muslim law, daughters are legal heirs with specific shares. However, they receive half of what sons receive in the same category. Daughters cannot legally be denied their inheritance share.

The share of the deceased heir passes to their own heirs under the faraid rules. All heirs' shares are determined as of the date of the original owner's death.

Yes. A will can be challenged in court on grounds of forgery, undue influence, mental incapacity of the testator, or violation of the 1/3 rule for Muslim estates. File promptly — delay weakens your challenge.

Generally not enforceable as an inheritance right. Only formal gifts (heba) completed during the owner's lifetime with delivery of possession, or registered wills, create legal rights.

File the application with all cooperative heirs listed. The court may issue a notice to all potential heirs. A persistently uncooperative heir can be compelled through court orders.

Limitation periods apply to inheritance suits. Generally, a suit for a declaration of inheritance rights should be filed within the applicable limitation period from the time of dispossession or refusal of your share — consult a lawyer promptly.