Inheritance Shares in Land: Who Gets How Much

Inheritance law in Bangladesh is personal law: it differs by religion. Muslims are governed by Muslim inheritance law (faraiz) together with the Muslim Family Laws Ordinance, 1961. Hindus, Buddhists and Christians are governed by their own personal laws. What follows sets out the general Muslim rules, with a note on Hindu law at the end.

What comes off the top

The estate is not divided directly. Three things are settled first, and only the remainder is distributed among the heirs:

1. Reasonable funeral expenses.
2. The deceased’s debts.
3. A valid bequest (wasiyat), which cannot exceed one third of the estate and is generally made in favour of someone who is not an heir.

Fixed shares of the principal heirs

Where a son survives, the daughter’s fixed share does not apply. Instead, after the fixed shares are paid, the residue is divided among the children so that a son takes the share of two daughters.

A worked example

Suppose someone dies leaving 120 decimals of land, no debts and no bequest, survived by a wife, two sons and one daughter.

1. The wife takes 1/8 = 120 ÷ 8 = 15 decimals.
2. The residue is 120 − 15 = 105 decimals, to be divided among the children.
3. The ratio is 2 parts per son and 1 per daughter: 2 + 2 + 1 = 5 parts.
4. One part = 105 ÷ 5 = 21 decimals.
5. Each son takes 42 decimals, the daughter 21, the wife 15. Total 120.

If the deceased’s mother or father were also alive, their 1/6 shares would come off before the residue is divided — which is why every family’s arithmetic has to be worked out separately.

Turning the division into a record

1. Death certificate

   Obtain the registered death certificate from the city corporation, municipality or union parishad.

2. Succession (warish) certificate

   Get a certificate naming all heirs and their relationships from the union parishad chairman or the relevant councillor.

3. Inventory the property

   Identify every khatian and dag standing in the deceased’s name — this is where an online khatian search earns its keep.

4. Partition or settlement deed

   If the heirs want specific dags rather than undivided shares, execute a registered partition deed. Otherwise everyone remains a joint owner of a fraction.

5. Mutation

   Apply at the upazila land office on the strength of the succession certificate and partition deed so the record reflects the new owners.

6. Update the dakhila

   Pay land development tax against the new khatian in your own name.

A note on Hindu law

Hindu succession in Bangladesh follows the Dayabhaga school and its rules differ substantially from Muslim law — the order of heirs, a widow’s rights and a daughter’s rights are all governed differently, and some questions remain legally intricate. Families governed by Hindu, Buddhist or Christian personal law should take advice from a lawyer experienced in that specific law before dividing property.

Frequently asked