Hindu law of inheritance in Bangladesh

Inheritance is the lawful automatic transfer of state and property of a deceased person towards his family members and dear once (Heirs), the process is also known as succession, both of them are often used interchangeably. As like any other country inheritance of Hindu people (who follows The Hindu Religion) also depends on personal law though some changes have adopted over time by enacting statutory laws. Let’s have a look to understand the basis of Hindu law of inheritance in Bangladesh.

There are two major School of Hindu Law and as the Hindu people of Bangladesh follows the Dayabhaga school of Hindu Law. We will discuss the principals and practices of Dayabha school of Hindu law with statutory changes that affect the most practical aspect of present life and which are approved and applicable today in Bangladesh.

Three classes of heirs according to Dyavaga School, We will focus them according to the order of heirs under this school.

  1. Sapinda:

This is the first class, as a patriarchal society, it is believed that the male ascendants carry the blood of the deceased. Sapinda signifies the close blood relation between the ascendants and the deceased. These relations are considered undivided oblation.

They are as follows;

First Class Sapinda

Order 1-3; Son, grandson and great- grandson: a son or grandson ( Great grandson or great great grandson or similar relation to the ascendant) when their immediate predecessor/s is/are dead they get the equal property of a son being the representative of his predecessor; this system is called Per Stirpes system. [Consider the red coloured position as dead and green as alive to understand it easily]

Principle of Representation or Per Stirpes: See the picture below and it will be easier to understand with given description;

Math Problem: A leaving behind his two sons namely, C and D and two grandsons namely B1 and B2 of his deceased son B.

per stripeHere let’s consider three bloodlines (as stripe) of three sons of A, now if three sons were alive during the death of A they would get 1/3 each (1/3+1/3+1/3=1; here one means the whole property or 100% property). According to per stripe rule, B1 and B2 will get the portion of the property that could have achieved by their father if he were alive. That means 1/3 of the property will be distributed to B1 & B2 so they will get 1/2 of 1/3 = 1/6 each. Now if you sum the total it would be one (1/3+1/3+1/6+1/6 = 1)

As per Hindu Women’s Right to Property Act, 1937, a widow takes the same share as a son thus by law a widow confirms his position in Order 4 but there are few things we need to know; there are special rules that are applicable for the widow or the wife of the deceased person.

Widow only gets limited interest that means he can enjoy the benefit of the property but cannot sell or transfer own unless there are any extraordinary circumstances where it is important to sell or transfer the property to save the property for future heirs. After her death these properties shall return to other heirs according to the order of the deceased person.

  • She cannot be married again
  • She must not be an unchaste woman
  • If there is more than one widow they together get equal property as a son.

Example Problem: A died leaving behind two sons B & C and two wives (widow) D & E

A

B   |           C         |           D         |           E          ;
1/3 |           1/3       |           1/6       |           1/6       ;

Here D and E together get 1/3 then that property divided between them.

 

In the given case doctrine of survivorship or join tenant or co-heirs is applicable to the widow if one wife die (consider D dies) then her part of the property shall go to another widow (E shall hold 1/3) until her death and when both of them die then the property will return acceding to the given order that means, in this case, B and C will get ½ each in such situation.

Order 4A. Son’s widow ; predeceased son’s widow simultaneously gets as per strips as if she is getting his (her husband’s) property.

Order 5. Daughter: In Hindu Law, all daughters are not considered equal. There are priorities and bars according to terms and conditions/situation

  1. The Maiden comes first in her default
  2. A daughter who has a son or likely to have a son get the priority
  3. A barren daughter and a sonless widowed daughter are not entitled to succeed.[1]
  4. Unchaste daughter is not entitled to succeed.
  5. Only gets if there is no Heir from Order 1 to Order 4A.

Two or more daughters of a class take the estate jointly with a right of survivorship (like widow)

Second Class Sapinda

Only inherits where there is no first class Sapinda is alive.

Order 6. Daughter’s son; he holds his position in the second class spends.\

  • Gets Per Capita, equal at the same stage

For example, P died leaving behind two daughters A and B, A leaving one son and B five. Here as there are total five people in the same stage (generation) ( A’s 1+ B’s 4 = 5 Daughters son) all of them will get 1/5 each. So 1/5*5=1;

Per stirpes vs Per capital by generation

Per stirpes vs Per capital by generation

** Daughters son, Brothers son, Uncle’s son or sister’s son take Per Capita.

Order 7. Father; In default of daughter’s son, the father succeeds.

Order 8, Mother;

  • Stepmother does not get any property
  • Must be a chaste woman
  • Must not re-marry

Order 9, Brother;

  1. Full brother proffered over half-brother

Order 10, Brother’s son; In default of Brother

Order 11, Brother’s son’s son; do (same condition as previous one)

Order 12, Sister’s Son; do, no distinction between half-sister and full sister.

Order 13, Paternal Grandfather;

Order 14, Paternal Gran Mother;

Order 15. Paternal Uncle;

2. Sakullya

The term Sakullya means one belonging to the same family (Kula)

They are;

  1. To whom he is bound to offer Pindalepas while he is alive; 2. Who, on his death are bound to offer pindalepas to him and who are bound to offer pindalepas to those, to whom he offers the pindalepas and all of them are his sakulyas. Stats from Great-great-great grandson.

3. Samanodakas

Mans and includes those male relations to whom a Hindu offers oblations of water and those who offer such oblations of water to him at the time performing parvana sraddha ceremony.

When a person can be deprived for inheritance under Hindu law?

  1. Religion
    1. Renunciation of religion (Special Marriage Act, 1872 etc.)

Some other religious issues were removed by The Caste Disabilities (Removal) Act, 1850.

  1. Moral
    1. Unchastely
    2. Addiction to vices
    3. Enmity to father
    4. Enmity to porosities
  2. Mental
    1. Insanity
    2. Idiocy
  3. Physical
    1. Blindness
    2. Deafness
    3. Dumbness
    4. Lameness
    5. Impotency
    6. Leprosy
    7. Barren
    8. And other incurable diseases
  4. Murderer of the deceased person and heirs of the murderer shall be excluded from inheritance.

Except for A and E, all of them though not preserve the right to inheritance but they shall have their right to be maintained by those who inherit the property. We will discuss Hindu Law Maintenance in another article.

[1] Benode v. Purdhan

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Rayhanul Islam

Legal activist & Practitioner - Editor - Researcher - Learner; A person who uses Logic & Law as his tool where psychology & Philosophy plays a role, he is on a quest to bring positive change to the legal sector of Bangladesh. He works as a lawyer and promotes legal knowledge and human right concept to the root level. More @ rayhan.lawhelpbd.com E-Mail: [email protected] or Call: +88 01711-386146

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  1. November 14, 2018

    […] Hindu law of inheritance in Bangladesh […]

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