LAW FIRM IN BANGLADESH TRW LOGO TAHMIDUR RAHMAN

Contact No:

+8801708000660
+8801847220062

Ad valorem court fee in Bangladesh

Ad valorem court fee in Bangladesh

Ad valorem court fee in Bangladesh: A Comprehensive Overview

Ad valorem court fee in Bangladesh in Bangladesh and the legal system in Bangladesh is an essential component of maintaining justice and resolving disputes. As part of the legal process, court fees play a crucial role in financing the judiciary and ensuring access to justice. One type of court fee used in Bangladesh is the ad valorem court fee, which is a fee calculated based on the value of the subject matter in dispute. This article aims to provide a comprehensive overview of ad valorem court fees in Bangladesh.

Definition and Purpose:

Ad valorem court fees are charges calculated as a percentage of the monetary value of the subject matter in dispute. This type of fee is prevalent in civil cases, where parties seek monetary compensation or deal with property-related matters. The primary purpose of ad valorem court fees is to generate revenue to sustain the judiciary while ensuring a fair and proportional cost burden on litigants.

Calculation of Ad Valorem Court Fees:

In Bangladesh, the calculation of ad valorem court fees is typically governed by statutory provisions outlined in the Court Fees Act, 1870. The Act specifies the rates at which ad valorem fees are to be levied on different types of cases. The value of the subject matter is determined based on the plaintiff’s claim or the relief sought, and the applicable percentage is then applied to calculate the court fee.

Types of Cases Subject to Ad Valorem Court Fees:

  1. Civil Suits: Ad valorem court fees are commonly applied in civil suits where the plaintiff seeks monetary compensation or relief.
  2. Property Disputes: Cases involving disputes over property, including land and real estate, often attract ad valorem court fees.
  3. Injunctions: Matters related to injunctions, such as preventing someone from taking a specific action, may also be subject to ad valorem fees.
  4. Probate and Administration: Cases concerning the probate of wills and administration of estates may involve ad valorem court fees.
  5. Compulsory Registration: In some instances, documents that require compulsory registration may also attract ad valorem fees.

Exemptions and Exceptions:

While ad valorem court fees are prevalent, there are exemptions and exceptions. Certain categories of litigants, such as those falling under the poverty line, may be eligible for fee reductions or waivers. Additionally, specific types of cases may be expressly exempt from ad valorem fees, as outlined in the Court Fees Act.

Challenges and Considerations:

Screenshot 2024 03 05 At 4.55.01 Pm
Ad Valorem Court Fee In Bangladesh 2

Despite the benefits of ad valorem court fees, there are challenges associated with their implementation. Determining the true value of the subject matter in dispute can be complex, leading to disputes over the calculation of fees. Moreover, there may be concerns about the financial burden on litigants, especially in cases with high monetary claims.

SLNature of SuitsCourt Fees
1Money Suits Advalorem
2Suit for Damages and Compensation Advalorem
3Suit for moveable property having market value Advalorem
4Suit for moveable property having no market valueAdvalorem
5Suit for Recovery of Possession u/s 9 of SR ActHalf of Advalorem
6Suit for Injunction Advalorem
7Pre-Emption under Muslim Law Advalorem
8Suit for Cancellation of Deed Advalorem
9Suit for Rectification of Deed Advalorem
10Suit for Recession of ContractAdvalorem
11Suit for Declaration of Title and Consequential Relief Advalorem
12Suit for Specific Performance of Contract Advalorem
13Suit for Easement Rights Advalorem
14Suit for Redemption of Mortgage Property Advalorem
15Suit for Foreclosure Advalorem
16Suit for Dower Fixed
17Suit for Maintenance Fixed 
18Suit for Restitution of Conjugal Rights Fixed 
19Suit for Divorce Fixed 
20Suit for Guardianship Fixed 
21Suit for Simple Declaration Fixed 
22Suit for Partition and Separate Possession Advalorem
23Pre-emption case U/S 96 of SA&T and U/S 24 NATFixed 
24Suit for Simple Partition Fixed 
25Suit for Recovery of land, Building and GardenAdvalorem
26Suit for Recovery of Possession u/s 8 of Specific Relief ActAdvalorem
27Suit for Rent Advalorem
28Suit for Setting aside a decreeAdvalorem 
29 Suit for Declaration and InjunctionAdvalorem
30Court Fees in Appeal and Revision *
31Suit for Setting aside an attachment Advalorem
32Suit does not fall u/s 7 (i-xi)Advalorem
33Declaratory suit when not in possession Advalorem 
34Declaratory suit when in possession Fixed 

Ad valorem court fees in Bangladesh play a pivotal role in financing the judiciary and ensuring equitable access to justice. Understanding the principles, calculations, and exceptions associated with ad valorem fees is essential for both legal practitioners and litigants. As the legal landscape evolves, periodic reviews of the court fee structure may be necessary to address challenges and maintain a fair and efficient judicial system in Bangladesh.

Child Custody after Divorce in Bangladesh:

Child Custody after Divorce in Bangladesh:

Child Custody after Divorce in Bangladesh: Legal Child Custody after Divorce in Bangladesh: Laws and Guidelines

Child Custody after Divorce in Bangladesh and the Custody and guardianship of children proceedings in Bangladesh are governed by the Family Courts Ordinance, 1985, and the Guardians and Wards Act, (GWA) 1890. Guardianship and custody are two distinct issues. Even though the mother has custody of the minor children, the father is a natural guardian. In most cases, both parents have the right to child custody. However, if the marriage fails, the question of who will care for the child arises.


In addition to this guidance, check here to obtain a solid sense of how we work as your custody lawyer in Bangladesh and to grasp the general provisions of custody legislation.


Legal Child Custody in Bangladesh


Physical possession of a child implies custody (hizanat). A father is the legal and natural guardian of his children until they reach the age of majority, according to the Majority Act of 1875. Although a mother is not a natural guardian under Muslim Law, she has custody of her child until the age of seven years in the case of a male child and until puberty in the case of a female child. With their judgements, the upper courts established distinct precedents.

The power of the family court to decide a party’s entitlement to custody of a child is not confined to simply observation of the ‘age rule’; the supreme consideration is to be the idea of the minor child’s welfare and best interests; this is the essential essence of such determinations. Thus, variation from the strict application of the age limit is acceptable where the child’s welfare is concerned.


In the case of Zohra Begum v. Latif Ahmed Munwar (1965(17) DLR(WP) and PLD 1965 (Lah) (695), the court disregarded the Hanafi age-rule and granted custody of a small son to his mother. In another case, Muhammad Abu Bakar Siddiquev S.M.A. Bakar & others (38 DLR (AD) 1986), the court issued a judgement that contradicted Hanafi law’s conventional requirement that the mother’s care over a kid ends at the age of seven. The court’s first concern when passing judgment is the child’s overall wellbeing. As a result, deviating from the customary rule appears reasonable where the primary issue is the child’s welfare.
In the event of a divorce, custody of children is divided into two categories: legal and physical. It is not uncommon for legal and physical custody to be separated.


Child Custody Types in Bangladesh According to Existing Laws and Provisions


Child Custody in Bangladesh.


The parent who has legal custody of their children is accountable for making critical decisions in their children’s lives. Decisions on their school, religion, whether they require tuition or counseling, and so on.


Physical Possession


Physical custody dictates where the children will live on a regular basis. It might be shared by both parents or only one. It is critical how custody is ordered throughout the divorce because it can effect custody later.


Joint Child Custody in Bangladesh


When two people are linked as parents by a marriage contract, they normally make these decisions together. When they divorce, courts strive to maintain it that way as much as possible. In general, parents should share legal custody and continue to make decisions for their children together. To ensure that children have regular contact with both parents, judges strongly prefer to impose joint physical custody. This is referred regarded as dual legal custody. It can take many different shapes. Even if the parents have joint legal custody, one parent can be the primary caretaker. They may agree that having one parent have more day-to-day responsibilities is easier and more efficient.


In Bangladesh, there are provisions for exclusive custody and visitation.


When parents are unable to reach an agreement, joint legal custody can become extremely problematic. When parents disagree on every choice concerning their children, the most common option is for the judge to grant one parent sole legal custody of the children. The parent who is granted exclusive custody has complete authority over the children’s health, education, and welfare. In this case, the parent who has sole physical custody is the custodial parent and has the child the most of the time. The non-custodial parent, on the other hand, has the right to visitation or scheduled parenting time.
If one parent lives a long distance away, is abusive, or inattentive, a judge may rule in favor of sole legal custody. Furthermore, one parent is not active in the child’s daily life and does not spend time with the child.


Even after granting joint legal custody, the judge may appoint one parent as the tie-breaker if the parents cannot agree. This is similar to the parent having sole legal custody, but it encourages both parents to try to reach an agreement.
A court may grant custody to grandparents or other relatives or make the child a ward of the state if both parents are considered unfit to care for a youngster.

Unlawful or Forcible Child Custody in Bangladesh | TAHMIDUR RAHMAN REMURA WAHID LAW FIRM


The court may grant legal custody to either parent or to a single parent. If living with someone other than the parents is best for the child, the court may order it. When the court issues a custody order in favor of one parent and the other parent does not follow the ruling and attempts to retain custody of the kid forcefully, this is referred to as forceful child custody. Disobeying a court-ordered custody order and detaining the child forcibly might have a negative impact on the child.

Screenshot 2024 03 05 At 4.15.34 Pm
Child Custody After Divorce In Bangladesh: 4

As a natural guardian in Muslim personal law, a father is entitled to custody of his children when they reach the age of majority, and this right is available to him. When the father is living, the court has no choice but to designate someone else to have custody of the child. The sole exception is if the court determines that the father is unfit or unsuitable for the purpose. When the court determines that the father is unfit, custody of the kid is granted to the mother or any other person who is in the best interests of the child. If the unfit father attempts to keep the child with him after the court’s order is issued, it will be considered forcible child custody and a violation of the court’s order.


A divorced or widowed mother is also entitled to custody if she remains unmarried. However, in other cases, the mother may lose her claim to custody. The following are the reasons:

  1. Having custody of a kid if the divorced or widowed mother has remarried.
  2. If the mother leads an immoral life, is a terrible character, or is otherwise found guilty of conduct that is detrimental to the child’s welfare.
  3. If the mother is unable to provide adequate care for her kid.
    If any of the aforementioned events occur, the mother loses her claim to custody. Even after that, retaining custody of her child will be considered coercive child custody, and she will be in violation of the court order.
CIETAC Arbitration Tribunal

CIETAC Arbitration Tribunal

CIETAC Arbitration Tribunal from Bangladesh

Arbitration Tribunal : In today’s globalized business landscape, cross-border disputes are not uncommon. When conflicts arise between Bangladeshi and Chinese parties involved in international transactions, resolving these disputes becomes crucial for maintaining commercial relationships and protecting business interests.

One effective method for settling such disputes is through arbitration, and the China International Economic and Trade Arbitration Commission (CIETAC) stands out as a trusted institution to facilitate this process. This article serves as a comprehensive guide for Bangladeshi parties seeking to initiate CIETAC arbitration against their Chinese counterparts.

  1. Understanding CIETAC Arbitration

CIETAC is one of the leading arbitration institutions in the world, renowned for its expertise in handling international commercial disputes. It provides a neutral and efficient platform for resolving disputes between parties from different countries. When a Bangladeshi party wishes to commence arbitration against a Chinese party, understanding CIETAC’s rules and procedures is essential.

  1. Preliminary Considerations

Before initiating CIETAC arbitration, several key factors should be considered:

a. Arbitration Agreement: Verify if there is a valid arbitration agreement between the parties. This agreement could be part of a contract, a separate agreement, or even referred to in a standard industry contract.

b. Jurisdiction: Determine whether CIETAC has jurisdiction over the dispute. CIETAC has the authority to decide on its jurisdiction, and objections should be raised in writing before the first oral hearing or, in the case of document-based disputes, before the submission of the first substantive defense.

c. Choice of Law: Consider the applicable law and procedural rules for the arbitration. Typically, parties are free to choose the governing law for their dispute.

d. Language: Agree on the language to be used during the arbitration proceedings. CIETAC allows parties to choose English, Chinese, or another language as the arbitration language.

  1. Initiating CIETAC Arbitration

Once the preliminary considerations are in order, the process of initiating CIETAC arbitration can begin:

a. Request for Arbitration: The Bangladeshi party, known as the Claimant, should prepare a Request for Arbitration in writing. This document should include details such as the names and addresses of both parties, a reference to the arbitration agreement, a statement of the facts and issues in dispute, the specific claims being made, and the legal and factual grounds for these claims.

b. Supporting Documents: Attach relevant documentary evidence that supports the claims made in the Request for Arbitration. Properly organized and presented evidence is crucial for a successful arbitration.

c. Arbitration Fee: Pay the arbitration fee in advance to CIETAC in accordance with its Arbitration Fee Schedule. Ensure that all required fees are submitted to avoid delays in the process.

  1. CIETAC’s Acceptance of the Case

Once CIETAC receives the Request for Arbitration, it will review the submission and assess whether the formalities required for arbitration application are complete. If everything is in order, CIETAC will send a Notice of Arbitration to both the Bangladeshi Claimant and the Chinese Respondent. This notice will include copies of CIETAC’s rules and a list of potential arbitrators.

Screenshot 2024 03 05 At 4.10.45 Pm
Cietac Arbitration Tribunal 6

If the formalities are found to be incomplete, CIETAC may request the Claimant to provide the missing information within a specified time frame. Failure to comply may result in the Request for Arbitration being rejected.

  1. The Arbitration Process

After CIETAC accepts the case, the arbitration proceedings officially commence. The parties will go through the following stages:

a. Statement of Defense: The Chinese Respondent is required to file a written Statement of Defense within 45 days from receiving the Notice of Arbitration. This statement should include a defense against the claims raised in the Request for Arbitration and should be supported by relevant evidence.

b. Counterclaim: If the Chinese Respondent wishes to make counterclaims against the Bangladeshi Claimant, these should also be submitted within the same 45-day period, along with the required arbitration fee.

c. Amendments and Additional Parties: Both parties have the right to amend their claims or counterclaims, provided that such amendments do not unduly delay the proceedings. Additionally, parties may request the joinder of additional parties if necessary.

Latest updates about Labour Law Bangladesh

Latest updates about Labour Law Bangladesh

Labour Law Bangladesh and latest updates:

The Labour Law Act of Bangladesh was recently revised with modifications in 2013 and 2018. Since the implementation of the Bangladesh Labour Act (BLA) in 2006 and the Bangladesh Labour Rules (BLR) in 2015, labour law compliance has increased significantly. Bangladesh has established a reputation as one of the world’s most labour-intensive countries. With its domestic readymade garment (RMG) industry and internationally known labor export sector, there was an increased requirement for labor law compliance, which was reduced by the enactment of the Labour Act 2006 and the Labour Rules 2015. Nonetheless, our labor regulations have come under intense examination from several international organizations.

Following the Labour Law Act in 2006 and Labour Rules in 2015, it was further revised in 2013 and 2018, attempting to ensure the

Productivity, working-class well-being, and acceptable responses to human rights pressure groups’ compliance. In 2015, the government of Bangladesh (GoB) amended Labour Rules in accordance with the assurance given to the International Labour Organization (ILO) in areas such as trade unions, employee rights under third-party contractors, classification of permanent work, incorporation of a digital labour registrar, timelines for misconduct investigation procedures, and representation of an accused employee.

Definition of Workers and Their Expansion

In terms of worker categorization under the BLA 2006, an individual worker is considered permanent once his or her probationary period or extended period of three months is completed. Each individual’s employment would be conditioned on successfully completing his or her probationary period. However, if it is clerical in nature, then six months. For other workers, an initial three-month period, followed by another three-month extension if necessary to determine his or her quality, with a total of 180 days.

However, the 2022 Amendment adds a new provision to the BLR 2015 that states that any work that has been continuous in the institution without interruption for 180 days shall be considered primary or permanent work.

This raises the question of whether an individual worker’s classification is determined by the number of days he or she has worked or if the work or position to which such a person is assigned has been ongoing for more than 180 days. This modification will be crucial for corporations due to the risk of litigation brought by outsourced personnel. Outsourced workers may now attempt to rely on these amended provisions to argue that employers can no longer engage outsourced workers in a designation or post that is included in the employer’s permanent manpower structure or organogram and requires more than 180 days of work.

Employees of Third Party Contractors.

Employee rights under third-party contractors have historically resulted in legal disputes between employers and employees. One of the noteworthy revisions to the Bangladesh Labour Act, 2006, during its 2013 amendment was that workers provided by a contracting agency would be treated as employees of the contractor in question. They were denied the same privileges as direct employees, including equal pay and other financial perks. Even if these individuals are hired by third-party contractors, they are more likely to sue direct companies, resulting in unexpected inconvenience and expenditures. According to the recently modified regulations 4 and 5, third-party contractors must pay their employees the same wages as direct firm employees. In addition, companies that do not already have an operating gratuity system must now establish a ‘Workers’ Social Security Fund’ to give third-party employees with the same benefits as gratuity.

The 2022 Amendment to the Bangladesh Labour Rules (BLR) 2015 currently states that the pay of a contracting agency worker must not be lower than those of a permanent worker or employee of a similar level. The basic wage must be at least 50% of the determined salary. This has both financial and practical implications for its implementation.

Hiring drivers, security guards, cleaners, and other third-party contractors would provide third parties with professional services at competitive rates. Employees of such contracting agencies will be expected to be paid pay equivalent to those of permanent employees of a similar rank within the firm, which will result in additional expenditures. This may increase the cost burden before contracting agencies may generate a profit. Furthermore, it creates complications because it is unclear how the contracting agency and engaging firm will know each other’s specific wages.

It may be impossible for a contracting agency to ensure that its compensation in diverse positions match those of its clients, who have distinct pay structures. These may cause confusion among the parties.

Screenshot 2024 03 04 At 6.28.15 Pm
Latest Updates About Labour Law Bangladesh 9

Nature of work and its expansion.

Another key rule in the modified Act is for permanent work; the changed rule specifies that, depending on the type of employment, any work performed in a workplace for more than six months is considered permanent. This revision is expected to significantly alter the character of what is now referred to as ‘contractual work’. Previously, firms could keep employees for more than six months, even if the job appeared to be permanent. Contractual labor can now only be offered for transitory or project-based duties.

The Act now covers more workers, including those employed in inland water, allowing them to benefit from the same rights and protections. Other types of workers, such as those in the tea business, can now keep their present leisure facilities in addition to monetary incentives.

Yearly increment

The BLR 2015, as amended, now requires an obligatory yearly wage rise of at least 5% of basic earnings. Interestingly, the 2022 Amendment makes no mention of any provision or exception that an employer can use to set preconditions, such as reaching KPIs or having a certain profitability threshold, while attaining salary increases. In the workplace, firms will confront the push to increase personnel expenditures regardless of practicality, despite the overall slowdown in growth during these times of global economic crisis.

Furthermore, the fundamental legislation, BLA 2006 as modified, contains no statutory provision requiring such mandated annual salary increases. This raises the question of whether such an act lacks legitimate authority if it is not expressly sanctioned by statute.

Disciplinary Action Procedure.

To preserve worker discipline, allowing participatory committees to select representatives for employees facing misbehavior allegations, if the employee is unable to do so within the period allocated for the investigation, will now be extended to 60 days. This would be calculated from the moment a show-cause notice is served to the time a judgment is rendered. However, in order to reduce the delay, harassment may occur.

BLA 2006 and BLR 2015 both require the disciplinary inquiry procedure to be completed within 60 days. However, it did not specify when these 60-day periods would begin, potentially leading to conflicting court procedures and interpretations. The 2022 Amendment seeks to provide clarity and alleviate this confusion by stating that the day the show-cause notice was issued until the day the complaint was disposed of shall be considered for the purpose of counting these 60 days.

The fact that the 60-day term begins with the issuance of the show-cause notice reduces the amount of time available to the disciplinary investigation committee because the accused employee is expected to be given 7 days to respond to the show-cause notice. In the event of an unsatisfactory response, the disciplinary investigation committee requests a nomination from both the accused employee and the employer. The inquiry committee is then intended to properly investigate each of the claims and give the accused the opportunity to present his or her case. In this regard, the investigation committee must draft and submit a report. Completing all of these actions within 60 days following the show-cause notice is tough to achieve.

Maternity Leave for Female Employees

Amendments that ensure that workplaces are better for women workers, such as Rule 16, which fixes the maternity benefit computation and divides the salary rate by 26, which improves their benefits. A woman can now take maternity leave for at least 8 weeks after the birth of her kid, even if she did not declare her pregnancy prior to delivery. The previous Act was ambiguous about what should happen in such a scenario, but this modification clarifies that the woman worker can now get 8 weeks of paid leave in addition to her other benefits. The rule does not apply to a woman who has miscarried, although she is still entitled to sick leave as required. According to the clause, in the event of a miscarriage, a woman worker is entitled to a four-week absence with pay.

Abusive behavior against female employees

Another much-needed modification is Rule 88, which redefines sexual harassment in the workplace. The case laws on this issue, in the form of court precedent, have been given due weight. With women working in a variety of fields, including companies, multinationals, and the RMG sector, this rule was actively sought. The guidelines now contain a provision prohibiting indecent and abusive behaviour towards female employees in any establishment. The amendment requires all workplaces to organize a five-member sexual harassment prevention group led by a woman.

Better workspace

Men and women in major industries work under substandard conditions and deserve a better working environment. To that purpose, the revised Act now requires medium-sized enterprises employing at least 25 persons to offer appropriately spacious lunchrooms for their employees. This was previously only required for businesses with 50 or more employees.

Looking after workers’ families

In the event that a worker dies while on the job, the new clause also provides for the worker’s family. Previously, the employer would pay compensation to the labour court. Now, if a worker dies or goes missing, the company must pay the person’s nominee or legal heir directly.

If this is not possible, the benefit will be transferred to a workers welfare group, where it will remain for a maximum of ten years or until a claimant comes. If there is no claimant within a decade, the funds will be used to meet the needs of the remaining members of the organization. This law allows the benefit to be transferred directly to the workers’ families rather than having to go through the inconvenience of obtaining it from the labor court, or at the very least to be used for the benefit of other workers rather than simply lying in labor court.

Compensation for work during holidays and worker wages

Workers can now be called into work on any major holiday with only one physical substitute day and two (two) days of monetary benefits. Previously, employers were required to provide three compensatory days. Even though this amendment primarily benefits businesses, it does not fail to protect employees.

Under the newly modified BLR 2015, workers’ basic earnings cannot be less than 50% of their total wages if the government has not established a separate minimum wage.

Compensation

This change alone has the potential to have a significant impact on a company’s overall compensation system. Many organizations already have a compensation structure in place where the total value of extra benefits and allowances exceeds the basic salary payable. That is no longer the case under the new standards, as basic wages payable to workers must be at least fifty percent (50%) of total compensation. Companies with various pay arrangements may be obliged to change the status quo and incorporate this new obligation.

This may prove to be more difficult than it appears because entities that currently provide higher perks and allowances in relation to basic wages may now be required to boost basic wages rather than merely changing and revising the heads. This is because reducing payments for such perks and allowances may only attempt to attain a 50:50 ratio.

Screenshot 2024 03 04 At 7.10.23 Pm
Latest Updates About Labour Law Bangladesh 10

The trade union

Other revisions that assist employees include making it easier and less expensive for workers to join trade unions, so helping to protect workers’ rights and interests.

Bangladesh is a booming economy, and more needs to be done to ensure that the enormous number of individuals engaged in various industries contribute to the economy. Keeping people happy and motivated is a pleasant gesture made possible by these labor law improvements. While these changes have not totally eliminated all of the kinks, they are a promising beginning toward providing the kind of work environment that these individuals deserve.

While the 2022 Amendments to BLR 2015 have been a much-anticipated legal update for the legal fraternity and entities doing business in Bangladesh, several of its provisions may be subject to legal challenge in courts of law on the grounds that they are ultra vires, or without lawful authority. The government will work more closely with key stakeholders to meet the requirements of businesses in the coming days, including achieving greater legal clarity and supporting investment.

For queries or legal assistance in regards to Bangladesh Labour Law, please reach our law firm at:

E-mail: [email protected]
Phone: +8801847220062 or +8801727983838

Inheritance laws for Muslims in Bangladesh

Inheritance laws for Muslims in Bangladesh

Inheritance laws for Muslims

The majority of civil cases are partition or distribution issues. These cases take substantially longer than typical to resolve. However, if there was a clear understanding of inheritance law, these cases may not have been filed. Today, the reader will learn about Muslim Inheritance, also known as Faraiz Law. The Qur’an contains a full description of this. Faraiz law was later enhanced by Hadith and Ijma.

Immediately upon a Muslim’s death, a part of the heirs was established in his property. The heirs of the main class are separated into three categories.i). Partner,ii). Survivors; iii). Distant relatives.

The twelve Qur’anic partners are specified. Four of these are men, and eight are women. Men are fathers, husbands, and half brothers. The eight women include the mother, father, mother’s mother, wife, daughter, son’s daughter, sister, step-sister, and step-sister. This time, the father, husband, mother, daughter, and wife will not be excluded from inheritance among such Qur’anic partners. Others may be deprived in certain conditions.

Close relatives having a blood link to the deceased shall receive the remainder in the sequence in which the Qur’anic partners’ portions were distributed. These are known as leftovers.

Other relatives of the deceased, outside the Qur’an partner and the surviving, are referred to as distant relatives. If there is no Qur’anic companion or remnant, they receive the property.

Now we’ll look at the specifics of these partners’ roles.

Screenshot 2024 03 04 At 6.13.10 Pm
Inheritance Laws For Muslims In Bangladesh 13

1) Husband:

The husband will receive a quarter portion of the deceased wife’s property as the son or son-in-law.

However, in the absence of the son or his descending son, the husband will receive a half portion of the deceased wife’s property.

2) Wife:

If there is a son or a descendant of the son, the wife receives one-sixth of the deceased husband’s property.

However, if there is no one, the wife will receive a quarter share. If more than one woman is present, they will all receive a 1/4 portion.

3) Father:

The father’s part of the deceased son’s property can be adjusted in three ways, but the father will not lose the property. If the son or son of the descending son is present, the father will receive a one-sixth portion of the deceased’s property. However, in the case of a daughter or simply a son’s daughter (if there is no son or descending son), the father will receive a 1/6 share as a partner.

If the deceased does not have a kid or a descendant of his son, the father will receive the remaining share once the remaining partners have been distributed.

4) The father of the father or his descendants:

In this case, the general formula of Muslim inheritance law should be stated first: the present distant heir of the nearest heir is deprived of property (if the father or the father of the nearest father is present, the father receives no share). His position in this case is identical to that of his father. In the case of the father, he shifts position under the same conditions that the portion does.

5) Daughter:

If there is no son, only the daughter will receive half of the deceased’s property, and if there are multiple daughters, they will all receive two-thirds.

However, if the son and daughter are present together, they will get the remaining property in a 2:1 ratio rather than as partners.

6) Daughter of the son / Daughter of the son of the son:

The Muslim Family Law Ordinance of 1961 modified the basic Muslim Hanafi law in this scenario. Section 4 of this Ordinance states that if a son or daughter dies before the distribution of the dead’s property, if he or she has a living child, he or she is entitled to the deceased father or mother’s part.

How much will the mother receive?

According to Muslim inheritance law, mothers can inherit property under three conditions. First, in the presence of the deceased child’s child or son, or in the presence of two or more siblings, the mother receives a one-sixth portion of the property.

However, in the absence of a kid or son, and if the deceased child’s siblings number less than one, the mother will receive one-third. In this instance, if the deceased child’s husband or wife is the heir, the mother will receive 1/3 of the surplus.

Your sister

Screenshot 2024 03 04 At 6.14.05 Pm
Inheritance Laws For Muslims In Bangladesh 14

If you only have one sister, you will receive half of the share, and if you have multiple sisters, you will receive two-thirds of the share. However, if your brother exists, you will receive the property at a 2:1 ratio as a joint shareholder with him.

However, in the presence of the deceased person’s son or son’s descendant, the father or father’s descendant, his sister is not entitled to the bequest. Even if one or more of the deceased’s children or sons are present, his sister is not eligible for inheritance.

Step-sister

A stepsister, like your sister, receives half of the share, whereas many stepsisters receive two-thirds of the share. However, if you just have one sister, you will only have one-sixth the number of stepsisters. If there is a stepbrother, he will receive the property at a 2:1 ratio as the remainder.

However, the step-sister will be disqualified if the deceased’s child or the son’s child, the father or his descendants, or more than one sister or brother are present.

Siblings

The opposite brother or sister is barred from the inheritance when the deceased’s child or son is present, as well as the father or grandpa. Furthermore, one sibling will receive a one-sixth part, while several siblings will receive an equal one-third portion.

Inheritance of survivors

They are second-class heirs. This class’s heirs inherit property only if there is no partner or if anything remains after the partners’ distribution. All of the survivors share the deceased’s ancestry. Male members fall into this category in their own way. For example, a son or grandson’s son, or a brother and stepsister.

Again, because of their link with male relatives, four women receive property equal to half of the males. A daughter, for example, obtains property with her son, a sister with her brother, or a half-sister with her half-brother, half as a shareholder, however in the absence of a male relative, they all acquire property jointly.

Distant relatives.

In the absence of the two preceding classes, distant relatives acquire property. The subclass’s number one member is the descendant of the deceased’s daughter, or the descendant of the son’s daughter. The second subclass includes the deceased’s forebears, such as unnatural grandparents, grandparents, and descendants. The third sub-category includes descendants of the deceased’s parents, such as siblings, daughters of siblings, and their offspring. The last category includes the descendants of the deceased grandparents and great-grandparents, such as the daughter of a cousin or their descendants, or the daughter of the father’s half-brother or their descendants.

Document Registration in Tahmidur Rahman Remura Wahid  Partners

Either you need help in assessing your registration process problems or you need other support to ensure that your legal rights are protected by registration processes, TRW’s barristers, advocates and attorneys are highly experienced in managing registration processes. In addition to addressing various issues related to this subject on a regular basis among domestic clients; it also has expertise in advising and assisting numerous international clients. Please contact us for queries or legal assistance in regards to Heba Will Gift| Document Registration in Bangladesh:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165
House 410, Road 29, Mohakhali DOHS

Feel Free to reach us at:

Contact No:

+8801708000660
+8801847220062

Emails: 

[email protected]
[email protected]

How to do a will in Bangladesh

Last Will and Testament in Bangladesh

It is highly suggested that you have a prepared Last Will & Testament, specially in a country like Bangladesh. Planning or contemplating death is never a thought to behold of. But in this specific instance, one should indeed, however, prepare his/her estate in advance so that his/her financial affairs are in order in the unfortunate event of one’s demise. The last thing one would want to do during this time is to cause his or her family extra stress in regards to the existing property left by their loved ones. When an individual signs the contract and makes an initial payment, his or her property in Bangladesh becomes instantaneously valuable; thus, he or she will have an asset to consider for his/her estate planning even before the transfer of the property.

Call us!

× WhatsApp!
/* home and contact page javasccript *//* articles page javasccript */