the son is abandoned

 If the son is abandoned?

 By Tanzim Al Islam

 September 24, 2014 at 2:03 AM

 Decoration: Brush

 The word tajyaputra is most heard in movies.  But real life is no less dramatic than movies.  As a result, many times the guardian was dissatisfied with the son and declared him a son of renunciation.  Many try to get the child recognized as an abandonment in front of a notary public through an affidavit.  In our country's drama-cinema, the son is abandoned as soon as it is announced.  The concept of renunciation has also been well established in the society.  But there is no basis for the declaration of renunciation in the conventional law.  This is just a misconception.  The son does not become abandoned just by declaring it abandoned.  It is a common word.  The law does not give it legitimacy.

 The prevailing view in our society is that if a parent declares his child to be abandoned, that child will be forever deprived of the inheritance of his parents' property.  It is often the case that the father declares his child to be a forsaken and writes in an affidavit that the child will not be a sharer in the property after his death.  There is no legal basis for such a declaration.  Muslim family law clearly states who will inherit the property and what their share will be.  According to Muslim law, a child inherits the property of his family at birth and this right cannot be curtailed in any way.

 However, any parent can transfer their property to anyone through donation, will or sale.  It should be noted here that under Muslim law no more than one-third can be transferred by will and it will come into force after the death of that person.  If a parent does not donate or sell their property to another person in a proper manner during their lifetime, their children will inevitably inherit the property left as heirs after death.

 But children will not be abandoned if they are deprived of property in the future by declaring them as sons only.  Children must share in the parents' property.  The declaration of dismissal through execution of any document or affidavit is invalid in the eyes of the law and has no scope to be enforced by the court.  If this is the case then the parents have declared the children as abandoned children and for this the other partners are trying to deprive them of their property then the children can take recourse to the law.

 If you want, you can file a lawsuit in the civil court seeking cancellation of the document made by the parents.  If a parent wants to deprive their disobedient child of any property, they must give up possession of the property by donating or selling the property to someone else while they are alive.  It should be kept in mind that no matter what property the parents leave in their own name, their legal heirs will become the sharers of this property after their death.  It cannot be declared in accordance with Muslim law to deprive anyone while they are alive.

 Author: Lawyer, Bangladesh Supreme Court