Tajyaputra: The myth of disownment and what Bangladesh's law actually says
Many people believe that declaring a child disowned severs all family ties and deprives them of inheritance rights, but legal experts say this is a misconception
Although the term "Tajyaputra" or "Tajyakonna" (disowned son or daughter) is widely used in Bangladesh's society, cinema, and dramas, the concept has no legal basis under the country's laws.
Many people believe that declaring a child disowned severs all family ties and deprives them of inheritance rights, but legal experts say this is a misconception.
A social concept with no legal existence
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Disownment is a long-standing social practice rather than a recognised legal act.
Parents often use it as an expression of anger or disappointment when a child disobeys them or behaves recklessly.
The issue of disownment is a social myth. There is no provision for it in Muslim family law. If someone disowns a child, it does not affect their inheritance rights. Only transfers made before death are legally valid
In many cases, such declarations are made verbally or through an affidavit, sometimes with conditions—such as the declaration being revoked if the child becomes obedient.
However, under the law of Bangladesh, such declarations have no binding effect.
Legal experts explain that the concept of Tajyaputra persists largely because of a lack of awareness about actual succession laws, leading to social confusion, family disputes, and even unrest.
What the law says about inheritance
In Bangladesh, succession matters are governed by religious and statutory laws, particularly Muslim law, Hindu law, as detailed in the Succession Act of 1925.
Under Muslim law, inheritance rights are determined by birth, and parents cannot legally disown a child.
A parent may gift or donate part of their property while alive, but it must be done in accordance with the Registration Act of 1908, and only up to one-third of the total property can be transferred in this way.
The remaining property is inherited according to Islamic inheritance rules.
A Muslim heir may only be deprived of inheritance in two specific situations: if they commit murder, either intentionally or by mistake or if they change their religion.
Apart from these exceptions, no declaration of disownment can prevent a child from inheriting property.
In Hindu law, however, there are limited conditional provisions that may allow deprivation from inheritance.
Despite this, the broader use of the Tajyaputra concept in Muslim communities often leads to misinterpretations of the law.
Legal recourse for affected heirs
Because the notion of disownment remains deeply rooted in social practice, inheritance disputes often arise after a father's death.
Other heirs may refuse to share property with the so-called "disowned" child, while local arbitrators—unaware of the actual law—may give incorrect rulings, further violating succession rights.
In such cases, the aggrieved party can seek legal remedy through the civil court. Under the Partition Act of 1893, an heir can file a partition suit by paying a court fee of Tk500 to establish their rightful share of inherited property.
Supreme Court lawyer Khademul Islam told TBS, "The issue of disownment is a social myth. There is no provision for it in Muslim family law. If someone disowns a child, it does not affect their inheritance rights. Only transfers made before death are legally valid."
To understand public perception, this correspondent spoke to Md Faisal, who was visiting the Dhaka Chief Judicial Magistrate Court.
He said, "I do not know if there is any law regarding disownment. But I have seen the term used in many dramas and movies. My perception was that disownment means depriving a person of everything."
