A Non-resident Bangladeshi (NRB) implies a Bangladeshi citizen living abroad with valid visa. This could either be as a foreign country’s permanent resident or with a valid work permit. As per the latest government statistics, more than 13 million Bangladeshi live abroad. Some of them periodically visit Bangladesh to spend time with family and friends, while others rarely get a chance to fly back. Many of them may have elderly parents or other family members who pass on and leave behind assets as inheritance. A big portion of Non-resident Bangladeshis face procedural issues when it comes to accessing those inherited moveable and immovable assets in Bangladesh. Stringent policies of banks regarding releasing the funds of deceased persons leave legal heirs in disarray as they are not fully acquainted with the laws and procedures to access these assets. Without proper guidance, inheriting property may prove to be a confusing and time-consuming process. This article is aimed at improving your understanding regarding Succession under Bangladeshi Law if you are an Non Resident Bangladeshi.
A NON-RESIDENT BANGLADESHI CAN INHERIT PROPERTY?
As a general rule, a Non-Resident Bangladeshi can inherit property from anyone including his relatives as long as he has not denounced his citizenship of Bangladesh. A Non-Resident Bangladeshi can inherit property in Bangladesh even from another Non-Resident Bangladeshi, subject to certain conditions. A Non-Resident Bangladeshi can inherit any immovable property (such as land or buildings) whether it is residential or commercial. They can even inherit agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase.
A succession certificate is now mandatory for accessing any type of movable assets whether they maybe funds locked up in bank accounts or investments held in the form of equites, Government bonds, mutual funds, or any such financial instruments or these maybe funds held in post offices in Bangladesh. Usually to obtain a succession certificate the successors need to file a succession case in the relevant succession court. If the succession case does not have any objections, then the court usually issues a succession certificate. This process may take up to 2-3 months.
WHAT DOCUMENTS ARE REQUIRED GET SUCCESSION CERTIFICATE?
The following documents are needed to apply for succession certificate:
1. Death Certificate of the Deceased from the City Corporation/ Commissioner/ Municipality or Chairman’s Office.
2. Certificate/receipt that the deceased has been buried in the cemetery.
3. If the deceased died at a hospital or clinic, certificate from there as well.
4. NID of the Deceased and NID or Passport of the Successors.
5. Warishan Certificate from the City Corporation/ Commissioner/ Municipality or Chairman’s Office.
6. The details of the family and other kith and kin of the deceased and their residential addresses.
7. Proof of what right or what capacity he should be nominated as the successor of the departed.
8. Certificate(s) from the concerned bank/authority for the movable property/ amount of money the deceased left in any bank.
NID OR PASSPORT?
A Non-Resident Bangladeshi does not necessarily need to possess a NID to inherit property, but it is advised to have NID if possible. It is relevant to know that as per the Citizenship Act 1951, anyone born to at least one Bangladeshi parent is automatically deemed a citizen of Bangladesh. Therefore, citizenship is generally conferred by blood unless not denounced specifically. In case of a person with only a foreign passport, an endorsement either from the relevant Bangladeshi embassy or from Bangladesh Ministry of Foreign Affairs stating that “No visa is required” for traveling to Bangladesh is required as a proof of his/her citizenship.
Succession for Non-Residents can get very complicated on case-to-case basis. Therefore, the Non-Residents are highly advised to be aware about the basic legal framework of the succession laws and consult expert lawyers during succession process.
