Dividing a Father's Property in Bangladesh: How Much the Wife, Sons and Daughters Get

In this guide: Who gets how much: the shares under Muslim law · Worked examples on 60 decimals of land · Father's property when there is no son · Can a father give his property to one child while alive? · A Hindu father's property (Dayabhaga law) · Steps after a father dies: from warish certificate to separate land

The short answer

Under Muslim law in Bangladesh, a father’s property is divided after his funeral costs, debts and his wife’s unpaid denmohor are paid. His wife gets 1/8 if he left children (1/4 if not). His father and mother, if alive, get 1/6 each. The rest goes to his children, with each son getting twice what each daughter gets. If there is no son, one daughter gets 1/2 and two or more daughters share 2/3, and the remainder goes to other relatives such as the father or brothers. Nobody inherits while the father is alive.

Who gets how much: the shares under Muslim law

A married daughter inherits exactly like an unmarried one. Before dividing anything, pay the funeral costs and debts, including the widow’s unpaid denmohor, which is a debt of the estate. Any valid will (up to one third) is paid next. For the full table of heirs see inheritance shares explained, or use the faraiz calculator.

Worked examples on 60 decimals of land

How example A works: the wife takes 1/8 of 60, which is 7.5. That leaves 52.5. Count each son as 2 parts and the daughter as 1 part, so 5 parts in all. One part is 10.5, so each son gets 21 and the daughter gets 10.5.

These are simple cases. Debts, a will, a lifetime gift, a predeceased child or more distant relatives change the numbers. Have the calculation checked before you sign a bontonnama or a deed.

Father's property when there is no son

This is the most searched question, and the answer often surprises families. Daughters do not automatically take everything.

• Daughters’ fixed share: one daughter gets 1/2; two or more share 2/3.
• Wife and parents still take their shares: wife 1/8, father 1/6, mother 1/6.
• The remainder goes to the nearest male relative on the father’s side: first the deceased’s father if alive, otherwise his full brothers, then half-brothers through the father, then nephews, and so on.
• If no such relative exists, the remainder returns to the daughters and other blood relatives in proportion to their shares. The wife does not share in this return.

So in example C above, the deceased’s brother receives a share even though there are two daughters. A father who wants his daughters to have more can make a lifetime gift (heba), explained below. Grandchildren whose parent died before the grandfather are protected by section 4 of the Muslim Family Laws Ordinance 1961 and take their parent’s share.

Can a father give his property to one child while alive?

Yes, within limits. While the father is alive the property is his, and no child has any right to claim a share. A child or son-in-law cannot demand “the inheritance” in advance.

• Heba (gift): a father can gift land to any child during his lifetime, even unequally. The gift needs a clear declaration, acceptance and handing over of possession, through a registered deed. See the heba deed guide.
• Will (wasiyat): a Muslim can leave up to one third of the estate by will. A will in favour of an heir, such as one son, works only if the other heirs consent after the death.
• Gift during a final illness: a gift made during a death illness is treated like a will, so the one-third limit and heirs’ consent rules apply.
• Sale: a genuine sale to a child for a real price is valid like any other sale.

Gifts made to defeat other heirs are often challenged in court as forged, made under pressure or never acted on. Doing it openly, with possession handed over and namjari done, protects everyone.

A Hindu father's property (Dayabhaga law)

Hindus in Bangladesh follow the Dayabhaga school, which has not been codified like the law in India. In short:

• Sons, and sons of a predeceased son, inherit first.
• The widow takes a share equal to a son under the Hindu Women’s Rights to Property Act 1937, but only as a limited estate: she can use it for life and can sell only for legal necessity. A 2020 High Court Division decision confirmed this covers agricultural land as well.
• Daughters inherit only if there are no sons, sons’ sons or widow. Unmarried daughters and daughters with sons are preferred, and a daughter also takes a limited estate.

Hindu inheritance raises many fine points. Take advice on the specific family before any deed.

Steps after a father dies: from warish certificate to separate land

1. Settle the estate’s debts, including the mother’s unpaid denmohor, and note any will or gifts.
2. Get a warish certificate from the Union Parishad, Pourashava or City Corporation. See the warish certificate guide.
3. Namjari: record the heirs in the khatian through e-namjari, jointly or by share. See namjari explained.
4. Divide the land: by agreement through a registered bontonnama, or through a partition suit if the heirs cannot agree.
5. Separate namjari and land tax for each heir’s portion after division.

An heir who lives abroad does not need to fly home for each step; a registered power of attorney from abroad lets a trusted person act for them. An heir can sell an undivided share before partition, but buyers then face pre-emption and partition risks, so most buyers prefer land that has been divided first.