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Introduction: Inheritance is a crucial aspect of family law that deals with the transfer of property and assets from one generation to another. In Bangladesh, the Law of Inheritance is primarily governed by the Muslim Personal Law (Shariat) Application Act, 1937, which applies to all Muslims in the country. However, the Constitution of Bangladesh also contains provisions related to inheritance that are applicable to all citizens regardless of their religion.

In this blog, we will discuss the Law of Inheritance according to the Bangladesh Constitution and its implications for citizens.

The Law of Inheritance according to the Bangladesh Constitution: Article 28 of the Constitution of Bangladesh guarantees the right to equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This means that all citizens of Bangladesh, regardless of their religion, are entitled to inherit property and assets in accordance with the law.

Article 42 of the Constitution of Bangladesh provides for the protection of property rights. It states that every citizen has the right to acquire, hold, transfer, and dispose of property in accordance with law. This includes the right to inherit property from their parents, grandparents, and other relatives.

The Bangladesh Inheritance and Succession Act, 2021, which came into effect on April 1, 2021, provides for the distribution of assets and properties in case of intestate succession (i.e., when a person dies without leaving a valid will). The Act applies to all citizens of Bangladesh and specifies the rules for the distribution of assets based on the deceased person's family members.

Under the Act, if a person dies leaving behind a spouse, children, and parents, the spouse will inherit half of the assets, while the remaining half will be distributed equally among the children and parents. If the deceased person does not have any children, the spouse will inherit three-fourths of the assets, and the remaining one-fourth will be distributed equally among the parents. If the deceased person does not have any spouse, children, or parents, the assets will be distributed among the deceased person's siblings.

Implications for Citizens: The Law of Inheritance according to the Bangladesh Constitution provides equal rights to all citizens, regardless of their religion, in matters of inheritance. This is a significant step towards ensuring social justice and equality in society.

However, the implementation of the Law of Inheritance can be challenging, especially in cases where the deceased person has not left a valid will. In such cases, it is essential to follow the rules and procedures laid down in the Bangladesh Inheritance and Succession Act, 2021, to ensure that the assets are distributed fairly among the family members.

Conclusion: Inheritance is a crucial aspect of family law, and the Law of Inheritance according to the Bangladesh Constitution provides equal rights to all citizens in matters of inheritance. The Bangladesh Inheritance and Succession Act, 2021, provides a framework for the distribution of assets and properties in case of intestate succession, and it is essential to follow these rules to ensure that the assets are distributed fairly among the family members. Overall, the Law of Inheritance is a crucial step towards ensuring social justice and equality in society.

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