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September 7, 2003 

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Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law. Send your queries to the Law Desk, The Daily Star. A panel of lawyers
will address your problems.

Q: We have four stored building on 17 sq.ft. area. Each floor contains two flats. My father's are four brothers and sisters (total 8). My grand mother is still alive and after her death the property will be distributed among her children. What is the perfect way of distributing the property in Islamic point of view?
Uzan Afftab
Gulshan, Dhaka.

Your Advocate: Your problem seems to be simple but it is difficult to get a legal dimension from your words used. Law is highly technical. The spontaneous words of queries more often than not fall short of the technical requirement of law. This is precisely the reason for which lawyers need direct interview with the clients specially when they plan an action. In meeting a query made in the news paper an over all discussion is possible but if you really mean share allocation among the heirs you must approach a lawyer with necessary information and papers.
So far as I could gather from your words that your father, uncles and aunts are four brothers and four sisters, that is, four sons and four daughters were born to the same parentage. The information that your grandma is still alive and the words 'after her death the property will be distributed' suggest that your grandma is the owner of the building. If I suppose so according to Muslim law of inheritance her sons and daughters will take at 2:1 ratio, that is, son taking double the share of the daughter. The simple arithmetic is, after the death of your grandma the entire property left behind by her will be divided into 12 shares and the sons of your grandma will take 2 shares each and daughters 1 share each.









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