RESEARCH MONOGRAPG: Position of Nominee and Legal Heir in Statutory Laws of Bangladesh and Muslim Law of Succession

Abstract

Nomination system is being developed day by day. At present this is a settled method of transferring property after the death of the deceased. In the absence of the nomination system the legal heirs of the deceased have to run here and there to get the money deposited in bank or provident fund or insurance company. To save the heirs from the uncertainty this very system has been emerged. But this is contradictory with the traditional Muslim law of succession. Nominee excludes all other persons whether he/she (n) is a nominee or not. Even if she/he is a legal heir, she/he excludes the other heirs.

Muslim law of succession is such law where no heir is deprived from his or her right of inherited property. All the heirs get the assets of the deceased how much little it is. Even though if one heir does not will to take the inherited property from the deceased property, none can enjoy that very property until/unless otherwise it is transferred by the very heir. The main objective of this study is to find out the position of nominee and legal heir in the statutory laws of Bangladesh and Muslim law of succession. The study compares the position of nominee under both the statutory laws and Muslim law of succession.

The study aims to examine the existing laws relating to nomination in Bangladesh and the legal heirs in Muslim law of succession.

The present study found that the nominee in Bangladesh is an absolute beneficiary of the deposited money or savings money in the provident fund. Legal heir has not any right of enjoyment in the nominated property. This study tries to explain the concept of nominee and legal heir under both the statutory law and Muslim law. To explain the nomination system the foreign laws and judgments have been taken as example.

Finally, the study suggests that to improve the laws regarding nomination system so that the traditional Muslim law of succession is not violated by the statutory laws. The study also suggests some other measures for improving the statutory laws regarding the nomination system to maintain the balance between Muslim law of succession and statutory laws.


Acronyms and Abbreviations

AD = Appellate Division

AIR = All India Report

DLR = Dhaka Law Report

FIR = First Information Report

h.h.s = how high so ever

h.l.s. = how low so ever

PLD = Pakistan Law Decisions

S.C = Supreme Court

Sind = Sindhu

S.W.T = Subhanaha wa ta’ala (glory to God)

UK = United Kingdom

  1. = versus

Vs. = versus


 

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