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Who Gets What: Inheritance Shares of Wife, Daughters, Sons & Parents Under Bangladesh Law

After a death, the first question in most families is how much each person gets. The answer is fixed by law, not by the eldest brother, and pressure does not change it. Here are the shares, a worked example, what a parent can and cannot do during life, and the traps families fall into.

Muslim personal law (Hanafi faraiz)Muslim Family Laws Ordinance 1961, s.4Hindu Women’s Rights to Property Act 1937
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Illustration of a divided pie on a document with a family tree, for inheritance shares under Bangladesh law
At a glance
  • Wife: 1/8 with children, 1/4 without
  • A son takes twice a daughter’s share
  • Debts and unpaid denmohor are paid first
  • Orphaned grandchildren inherit their parent’s share

In this guide: The main shares under Muslim law · A worked example · Orphaned grandchildren · What a parent can do during life, and by will · Traps families fall into · Hindu inheritance · Proving the heirs and dividing the property

The short answer

For Muslims, inheritance shares are fixed by faraiz as applied by Bangladesh courts under Hanafi law. Before anything is divided, the estate pays funeral costs, debts, the widow’s unpaid denmohor and any valid bequest up to one third. The spouse and parents then take fixed shares, and the children share the rest, each son taking twice each daughter.

The main shares under Muslim law

HeirShare
Wife (widow)1/8 if the deceased left a child; 1/4 if not. Several wives share it equally.
Husband (widower)1/4 if the deceased left a child; 1/2 if not.
Daughter, no son1/2 for one daughter; 2/3 shared by two or more.
Sons and daughters togetherThe residue, each son twice each daughter.
Mother1/6 if there is a child, or two or more siblings; otherwise 1/3.
Father1/6 if there is a child; he also takes the residue if there are only daughters or no children.

If there are no children, brothers and sisters may inherit, and the calculation changes considerably. Have it checked.

Chart of Muslim inheritance shares for wife, husband, son, daughter, mother and father in Bangladesh

A worked example

A man dies leaving his wife, his mother, one son and two daughters. His father died before him.

  • Wife: 1/8, because there are children.
  • Mother: 1/6, because there are children.
  • That leaves 17/24 for the children, divided 2 : 1 : 1.
  • Son: 17/48, about 35.4 per cent. Each daughter: 17/96, about 17.7 per cent.

On 30 decimals of land that is roughly 3.75 decimals to the wife, 5 to the mother, 10.6 to the son and 5.3 to each daughter.

Orphaned grandchildren

Classical law excluded a grandchild whose parent died before the grandparent. Section 4 of the Muslim Family Laws Ordinance 1961 changed that in Bangladesh: the children of a predeceased son or daughter take the share their parent would have taken. Families still overlook this, and it is a frequent reason partitions are reopened.

What a parent can do during life, and by will

  • Gift (heba). A Muslim can gift property during life to anyone, including one child, by a registered heba deed with delivery of possession. The other heirs cannot later claim that property as inheritance. A gift made during a final illness is treated like a will.
  • Will (wasiyat). A Muslim can leave up to one third of the estate by will, but not to an heir unless the other heirs consent after the death.
  • A parent therefore cannot disinherit a daughter by will. They can reduce what she inherits only by gifting property away during life, and courts look closely at gifts made under pressure or on a deathbed.

Traps families fall into

  • Daughters signing away their share under pressure. A relinquishment or heba signed under family pressure can be challenged. If a sister wishes to give her share, it should be by a registered deed made freely.
  • One heir selling a specific plot of undivided land. That invites partition and pre-emption disputes.
  • Forgetting the widow’s denmohor. It is a debt of the estate and comes before division.
  • Assuming stepchildren or adopted children inherit. Under Muslim law they do not, unless provided for by gift or a bequest within one third.

Hindu inheritance

Most Hindus in Bangladesh follow the Dayabhaga school. Sons inherit absolutely. Under the Hindu Women’s Rights to Property Act 1937 a widow takes a widow’s estate, a life interest, in her husband’s property, and in 2020 the High Court Division held that this extends to agricultural land. Daughters’ rights are limited and depend on the circumstances. Hindu inheritance questions need advice on the specific family.

Proving the heirs and dividing the property

A warish certificate lists the heirs and is used for mutation. Bank money and shares usually need a court succession certificate. Heirs then mutate the land and divide it by a registered bontonnama, or by a partition suit if they cannot agree.

General information, not advice on your case. This guide explains the law and the usual practice. Your documents, your facts and your district’s practice decide what applies to you.
Settling an inheritance
1

List heirs and assets

Death certificate, warish certificate, and a list of land, accounts and debts.

2

Pay estate debts

Funeral costs, debts and unpaid denmohor come before any division.

3

Calculate the shares

Apply faraiz or the applicable personal law, including orphaned grandchildren.

4

Mutate and divide

Namjari in the heirs’ names, then a registered bontonnama or a partition suit.

Have the calculation checked before any deed is drafted. Errors are expensive to reverse.Book a Consultation

Common questions

How much does a wife get from her husband’s property?

Under Muslim law, 1/8 if he left children and 1/4 if not, after debts and her unpaid denmohor. Several wives share that portion.

What is a daughter’s share in her father’s property?

With no son, one daughter takes 1/2 and two or more share 2/3. With sons, the children share the residue, each son taking twice each daughter.

Can brothers deny their sister a share?

No. A daughter is a legal heir and her share cannot be taken away. Any relinquishment must be free and by a proper deed.

Can a father give all his property to his son?

He can gift property during his life by a registered heba with possession. He cannot do it by will, because a will to an heir needs the other heirs’ consent.

Do grandchildren inherit if their parent died first?

Yes. Under section 4 of the Muslim Family Laws Ordinance 1961 they take the share their parent would have taken.

What is a husband’s share in his wife’s property?

1/4 if she left a child and 1/2 if not.

Do stepchildren or adopted children inherit?

Not under Muslim law. They can be provided for by a gift during life or a bequest of up to one third.

How do Hindus inherit in Bangladesh?

Under Dayabhaga, sons inherit absolutely and a widow takes a life interest, including in agricultural land. Daughters’ rights are limited; take specific advice.

How is a mother’s property divided among her children?

Under Muslim law, if a mother dies leaving her husband, sons and daughters, the husband takes one-quarter and the rest goes to the children, each son taking twice a daughter’s share. With no husband surviving, the children share everything in the same 2:1 ratio. Debts and any valid will come out first.

What is faraiz, and can I rely on a faraiz calculator?

Faraiz is the Islamic law of fixed inheritance shares. Online calculators give a fair first estimate, but they often miss the 1961 rule for orphaned grandchildren, debts, lifetime gifts and disputes over who is an heir. Have a lawyer check the result before a bontonnama or a sale.

Can a will change the inheritance shares?

Only partly. A Muslim can leave up to one-third of the estate by will, and a will in favour of an heir needs the other heirs’ consent. The remaining two-thirds always follows the fixed shares.

Legal Library

Laws and forms behind this guide

Authentic texts hosted by BD Advocacy. Section numbers are the ones this guide relies on.

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