Your Advocate

Q: My parents married each other by courtship since they had love affairs and my maternal parents did not accept this marriage. Since my mother married against my grand parent's will, they verbally told my mother not to keep any relation with them and she is (my mother) dead entity to them. And since then my parents remained aloof from them. Even when I came in this world my maternal grand parents did not feel to see their first grandson. My grand parents after performing Haj and being old enough handed over all their moveable and immovable property to my only one uncle and my lone aunt (my mother's elder sister). My grand parents did not give any portion or single peny to my mother; though by born my mother is also their daughter. Due to this my mother was shocked tremendously. Outcome of indignation she did not ask for her due share. But after my grand parents death she just visited her father's house to see their face for ever. At present my uncle and aunt being owner of my grand parent's property enjoying it selfishly and did not feel for my mother. Under this circumstances my queries are : (a) As per Muslim law of heir is it legal to deprive my mother from her birth right i.e. to get due share as a daughter? (b) Is their any legal way, at present on my mother's part to claim her due to her brother and sister? If yes, please advice how? (c) Being grandson can I claim for my mother's due share and mine too, after my mother's death? Pl. Provide Legal advice.
Arpon Kabir,
Uttara, Dhaka.

Your Advocate: Your case shows up a kind of contrast between our age-old sentiment and values on the one hand and our increasingly individualised modern life on the other. In these days of cut-throat individualism, personal liberty and freedom interference with personal choice particularly in matters of choosing a life partner looks funny and depriving or abetting to deprive an heir on that count from his or her paternal properly is really unfortunate. Still this is the reality in our society. At least the younger ones, that is, your uncle and aunt could have played their role in ensuring the share of your mother but they are enjoying the entire property instead with complacency.

Whatever unkind it looks the legal position is an heir, say, a daughter inherits only when her parents die leaving behind some property open to be inherited. If there is nothing subsisting question of inheritance does not arise. If the owner of the property legally transfers the same to anyone else to the extent of the transfer law of inheritance does not apply precisely because nothing subsists to be inherited. You have used the words " handed over" which does not give a clear picture as to whether your grand parents disposed of their entire property by sale or gift or merely wished your uncle and aunt to enjoy the same to the exclusion of your mother. If it was a mere wish expressed under shock and indignation and there is no documentation there is scope for your mother to inherit her parents property.

You will have to take the trouble of collecting the information as to what is the nature of authority upon which your uncle and aunt are possessing the property. In the peculiar circumstances the possibility would be that there is a deed of gift executed by your grand parents in favour of your uncle and aunt. In that case fighting for share would be most likely to be a futile exercise. If it is found that the property is sought to be disposed of by "will" there would be a fighting point for your mother as a bequest to an heir is not valid unless the other heirs consent to it.

It is now advisable for you to collect necessary information and the copy of the deed, if any, and consult a good civil lawyer to examine whether there is still any subsisting interest of you mother in your grand parents property and if at all, how that can be recovered. So far as your entitlement is concerned in presence of the sons and daughters of your grand parents you are not entitled to any share. It is only after your mothers death that your entitlement sets in and you can set up your claim and vindicate the same.