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

In this guide: The main shares (Muslim law) · A worked example · Orphaned grandchildren · Traps families fall into · Hindu inheritance · Proving who the heirs are · After the shares are known

The short answer

For Muslims, shares are fixed by the Qur’anic rules of inheritance (faraiz) as applied by Bangladeshi courts under Hanafi law. The main rule people know, a son takes twice a daughter’s share, is correct but only part of it: the spouse and parents take their fixed shares first, and the children share what remains. Before anything is divided, the estate must pay funeral costs, debts, any unpaid denmohor of the widow, and valid bequests up to one third.

The main shares (Muslim law)

A worked example

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

• Wife: 1/8 (there are children).
• Mother: 1/6 (there are children).
• That leaves 17/24 for the children, divided in the ratio 2 : 1 : 1.
• Son: 17/48 (about 35.4%). Each daughter: 17/96 (about 17.7%).

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. Real cases often involve siblings, grandchildren or a predeceased heir, which changes the result, so have the calculation checked before a partition deed is drafted.

Orphaned grandchildren

Classical law excluded a grandchild whose parent died before the grandparent. Section 4 of the Muslim Family Laws Ordinance 1961 changed this 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 ground for reopening partitions.

Traps families fall into

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

Hindu inheritance

Most Hindus in Bangladesh follow the Dayabhaga school. Sons inherit absolutely. A widow takes a limited, life interest in her husband’s property, and daughters’ rights are limited and depend on the circumstances. Courts have been developing this area, including a recent Appellate Division decision that daughters take their mother’s stridhan absolutely. Hindu inheritance questions need case-specific advice.

Proving who the heirs are

A warish (heirship) certificate from the Union Parishad Chairman or City Corporation councillor lists the legal heirs and is used for mutation and many office purposes. To collect a bank balance, savings certificates or shares, institutions usually require a court succession certificate. Our succession certificate guide explains the difference.

After the shares are known

Heirs usually record their inheritance by mutation (namjari), then divide the land by a registered partition deed or, if they cannot agree, a partition suit. See our guides to namjari and partition of family land.