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Mother's Property Division in Bangladesh: Shares of Husband, Sons and Daughters

Families often assume a mother's property follows different rules from a father's, or that daughters get more of it. Under Muslim law in Bangladesh, neither is true. Here is how a mother's property is shared, with worked examples, what happens while she is alive, and the mistakes that reopen settlements years later.

Muslim personal law (Hanafi faraiz)Muslim Family Laws Ordinance 1961, s.4Hindu women's property (stridhan)
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Illustration of a jewellery box and land papers with coins, for dividing a mother's property in Bangladesh
At a glance
  • Husband: 1/4 if she left children, 1/2 if not
  • Children share the rest, each son twice each daughter
  • Her surviving parents take 1/6 each when there are children
  • No one inherits while she is alive

In this guide: Worked examples · What counts as the mother's property · A living mother's property · Grandchildren, stepchildren and Hindu mothers · How to divide a mother's property, step by step

The short answer

When a Muslim mother dies, her property passes under the same faraiz rules as anyone else’s. First come funeral costs, her debts and any valid bequest up to one third. Her husband then takes 1/4 if she left children, or 1/2 if not. If her own father and mother are alive, each takes 1/6 when there are children. The children share what remains, each son taking twice each daughter. Daughters do not get more from a mother than from a father.

Worked examples

Mother leavesShares
Husband, 1 son, 1 daughterHusband 1/4 (25%); son 1/2 (50%); daughter 1/4 (25%)
No husband; 2 sons, 1 daughterEach son 2/5 (40%); daughter 1/5 (20%)
Husband, her mother and father, 1 son, 1 daughterHusband 1/4; her mother 1/6; her father 1/6; son 5/18 (about 27.8%); daughter 5/36 (about 13.9%)
Husband and 1 daughter onlyHusband 1/4; daughter 1/2; the rest goes to the next residuary heirs, often her father or brothers

On 20 decimals of land in the first example: husband 5, son 10, daughter 5 decimals. The first, second and fourth examples assume her parents have died. Where there are only daughters, or no children, the calculation changes; have it checked.

Chart of husband, son and daughter shares in a mother's property under Muslim law

What counts as the mother's property

  • Land or flats in her own name, whether bought, gifted or inherited from her parents.
  • Her bank accounts, savings certificates, shares and jewellery.
  • Any unpaid denmohor her husband still owed her. It is a debt to her estate, and her heirs, including the husband for his share, can claim it.
  • Property she held jointly counts only to the extent of her share.

A living mother's property

No one inherits from a living person. While the mother is alive, her children have no share she can be forced to divide. She can sell, gift or bequeath her property:

  • Gift (heba): she can give any part to any child by a registered heba deed with possession. See our heba deed guide.
  • Will: up to one third, and to an heir only with the other heirs’ consent after her death.
  • Division during life: if she wants to divide now, she does it by gift deeds, not by a bontonnama.

Gifts made under pressure or during a final illness can be challenged.

Grandchildren, stepchildren and Hindu mothers

  • Grandchildren: if a son or daughter died before the mother, their children take that parent’s share (section 4, Muslim Family Laws Ordinance 1961).
  • Stepchildren: a husband’s children from another wife do not inherit from her under Muslim law.
  • Hindu mothers: a Hindu woman’s own property (stridhan) follows a separate order of succession in which daughters often come first. Take specific advice.

How to divide a mother's property, step by step

  1. Death certificate and a warish certificate naming every heir.
  2. List her assets and debts, including unpaid denmohor.
  3. Calculate the shares and have the table checked.
  4. Mutate the land into the heirs’ names (namjari).
  5. Divide by a registered bontonnama, or by a partition suit if the heirs cannot agree.

Online calculators give a first estimate but often miss grandchildren, debts and lifetime gifts.

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 a mother's estate
1

Name every heir

Warish certificate, including grandchildren of a predeceased child.

2

List assets and debts

Land, accounts, jewellery, unpaid denmohor.

3

Calculate

Faraiz shares, checked before any deed.

4

Mutate and divide

Namjari, then bontonnama or partition suit.

Most reopened settlements missed an heir or a debt. Check both before anyone signs.Book a Consultation

Common questions

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

Under Muslim law the children share what remains after the husband's and her parents' fixed shares, each son taking twice each daughter.

How much does a husband get from his wife's property?

1/4 if she left children and 1/2 if not.

Do daughters get more from a mother's property?

No. The same rule applies as for a father: each son takes twice each daughter. Only where there are no sons do daughters take a fixed 1/2 or 2/3.

Can a living mother's property be divided?

Not as inheritance. A living mother can divide it herself by registered gift deeds, or leave up to one third by will.

What happens to a mother's unpaid denmohor?

It is a debt to her estate. Her heirs can claim it, the husband taking his own share of it.

Do grandchildren get a share if their parent died before the mother?

Yes. Under section 4 of the Muslim Family Laws Ordinance 1961 they take their parent's share.

Can I use a calculator to divide my mother's property?

For a first estimate, yes, but have the result checked before a bontonnama or a sale.

How is a Hindu mother's property divided?

A Hindu woman's own property (stridhan) follows a separate order of succession in which daughters often come first. Take specific advice.

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Dividing your mother's property?

We calculate the shares, prepare warish and mutation papers and draft the bontonnama, so the division holds. A written assessment costs nothing.