কেন কিভাবে করবেন জমি রেজিস্ট্রেশন: পর্ব-৮/৯

Why how to do land registration: Part 8/9

সরদার জাহিদুল কবীর: জমি রেজিস্ট্রেশন তথ্য’র মধ্যে উইল বা অছিয়তের বিধান একটি। উইল হলো ভবিষ্যৎ দান। কোন ব্যক্তির মৃত্যুর পর তার রেখে যাওয়া সম্পত্তি বা সম্পত্তির মুনাফা কিভাবে বিলি-বন্টন করা হবে তা তার মৃত্যুর পূর্বেই লিখিত বা মৌখিকভাবে নির্ধারণ করে যাওয়ার আইন সম্মত ঘোষণাই হলো উইল বা অছিয়ত।

উইলের শর্ত

(ক) মুসলিম, হিন্দু ও খ্রিষ্টান এ তিন সম্প্রদায়ের উত্তরাধিকার আইনেরই বিধান হলো যে, সুস্থা মস্তিস্কসম্পন্ন যে কোন সাবালক ব্যক্তি উইল করতে পারবেন।

(খ) উইলকারীর ইচ্ছা সুস্পষ্ট ও সঠিকভাবে নির্ণয়যোগ্য হতে হবে।

(গ) উইল, উইল দাতার মৃত্যুর পর কার্যকর হবে।

(ঘ) উইল যে কেউ গ্রহণ করতে পারেন।

উইলের উদ্দেশ্য

উইল করা যায় (ক) ব্যক্তির উদ্দেশ্যে এবং (খ) ধর্মীয় উদ্দেশ্যে। ব্যক্তির উদ্দেশ্যে উইল আবার দু’প্রকার (১) ওয়ারিশের বরাবরে উইল এবং (২) ওয়ারিশ নয় এমন ব্যক্তির বরাবরে উইল।

ওয়ারিশের বরাবরে সম্পাদিত উইলের বিধানঃ

(ক) অন্য ওয়ারিশদের সম্মতি না থাকলে উইল বাতিল বলে গণ্য হবে।

(খ) অন্য ওয়ারিশদের সম্মতি থাকলে উইল সম্পূর্ণ কার্যকরী হবে।

(গ) ওয়ারিশদের সম্মতি কার্যকর হবে উইল দাতার মৃত্যুর পর।

ওয়ারিশ নয় এমন ব্যক্তি বরাবরে সম্পাদিত উইলের বিধানঃ

(ক) ওয়ারিশদের সম্মতি থাকলে উইল সম্পূর্ণ কার্যকরী হবে।

(খ) ওয়ারিশদের সম্মতি না থাকলে উইল দাতার নিট সম্পত্তির ১/৩ এর উপর উইল কার্যকরী হবে।

নিট সম্পত্তিঃ উইলদাতার মোট সম্পত্তি হতে নিম্নরূপ ব্যয় পরিশোধের পর অবশিষ্ট সম্পত্তি নিট সম্পত্তি বলে গণ্য হবে, উইল সর্বদা নিট সম্পত্তির উপর প্রযোজ্য হবেঃ

(ক) উইল দাতার মৃত্যুর অব্যবহিত ৩ মাস পূর্বের ভৃত্য বা চাকরের পাওয়ানাদি।

(খ) মৃত্যু শয্যাকালীন খরচাদি।

(গ) মৃত্যুর পর দাফন-কাফনের খরচ।

(ঘ) স্ত্রীর দেন-মোহরের পাওয়ানা পরিশোধ ব্যয়।

(ঙ) উইল প্রবেট এবং সাকসেশন সার্টিফিকেট ব্যয়।

(চ) ঋণ পরিশোধ (আগের ঋণ আগে পরিশোধ ভিত্তিতে)।

(ছ) ঋণ পরিশোধের আগে স্ত্রীর দেন-মোহর পরিশোধ করতে হবে।

ধর্মীয় উদ্দেশ্যে উইলঃ ধর্মীয় উদ্দেশ্যে উইল করা হলে তাতে ওয়ারিশদের সম্মতি থাকলে সে উইল সম্পূর্ণ কার্যকর হবে, আর ওয়ারিশদের সম্মতি না থাকলে অছিতকারীর নিট সম্পত্তির ১/৩ অংশের উপর উইল কার্যকরী হবে।

ধর্মীয় উইল ৩ প্রকার, যথা-

(১) ফরজ কাজের উদ্দেশ্যে, যেমন- হজ্জ্ব পালন, যাকাত প্রদান ইত্যাদি।

(২) ওয়াজিব কাজের উদ্দেশ্যে, যেমন- ফিতরা প্রদান, কোরবানী করা ইত্যাদি।

(৩) নফল কাজের উদ্দেশ্যে, যেমন- সরাইখানা, রাস্তা-পুল, এতিমখানা নির্মাণ ইত্যাদি।

উইলের উপাদান

(১) একই সম্পত্তি নিয়ে একাধিক উইল করা হলে সর্বশেষ উইলটি সর্বপ্রথম কার্যকরী হবে এবং সম্পত্তি অবশিষ্ট থাকা সাপেক্ষে পরবর্তী উইলগুলো কার্যকরী হবে।

(২) অজ্ঞাত ব্যক্তি উইলের তারিখ হতে ৬ মাসের মধ্যে জন্মগ্রহণ/আত্মপ্রকাশ করলে তার বরাবরে করা উইল বৈধ হবে।

(৩) উইল মৌখিক ও লিখিত দু’ভাবেই করা যায়। এমনকি অসামর্থ্যের কারণে ইঙ্গিতেও করা যায়। তবে মৌখিক উইলের ক্ষেত্রে ২ জন পুরুষ বা ১ জন পুরুষ ও ২ জন মহিলা সাক্ষীর উপস্থিতিতে হতে হবে।

(৪) নাবালক উত্তরাধিকারী সাবালকত্ব লাভের পর উইলে সম্মতি দিতে পারবেন।

(৫) উইল দাতা মৃত্যুর পূর্বে যে কোন সময় উইল বাতিল করতে পারেন। সম্পত্তি একবার উইল করার পর পুনরায় তা অন্য কারো অনুকূলে উইল করলে পূর্বের উইলটি স্বয়ংক্রীয়ভাবে বাতিল হয়ে যাবে। উইল বাতিলের জন্য মামলার প্রয়োজন হয় না।

(৬) ১৮৭০ সনের হিন্দু আইন অনুসারে একজন হিন্দু তার সকল সম্পত্তি উইল করতে পারেন, তবে যাদের ভরণপোষনের জন্য তিনি আইনত বাধ্য তাদের জন্য উপযুক্ত ব্যবস্থা রেখে বাকী সম্পত্তি উইল করতে হবে।

(৭) উইলকারীর কোন উত্তরাধিকারী না থাকলে তিনি তার সমস্ত সম্পত্তি যে কোন ব্যক্তি বা প্রতিষ্ঠানের নামে উইল করে দিতে পারেন।

(৮) উইল গ্রহণকারীকে দাতার মৃত্যুর সময় জীবিত থাকতে হবে।

(৯) উইলকারী মৃত্যুর মুহূর্ত হতে উইল কার্যকর হবে।

উইল বিলুপ্তিঃ নিম্নোক্ত কারণে উইল বাতিল বলে গণ্য হবেঃ

(১) উইলের পর উইলদাতা বিকৃত মস্তিষ্ক হলে, মৃত্যুর পূর্বে তিনি সুস্থ হলেও।

(২) উইল গ্রহীতা দাতার আগে মারা গেলে।

(৩) উইল দাতা বা গ্রহীতা ধর্ম ত্যাগ করলে।

(৪) উইল গ্রহীতা দাতাকে হত্যা করলে।

(৫) উইলকৃত সম্পত্তির উপর অন্য কারো অধিকার সাব্যস্ত হলে।

(৬) উইলকারী উইলকৃত সম্পত্তি বিক্রি বা দান করলে বা তাতে বাড়ি তৈরি করলে।

উইল প্রবেট

উইল বা অছিয়তের মাধ্যমে হিন্দু সম্প্রদায়ের কোন ব্যক্তি তার জীবদ্দশায় কোন ব্যক্তি বা প্রতিষ্ঠানের নামে তার সম্পত্তি উইল করে গেলে উইলটি বাস্তবায়নের জন্য সংশ্লিষ্ট এখতিয়ারবান দেওয়ানি আদালতের অনুমোদন লাগবে, এরূপ অনুমোদন নেয়াকেই বলে উইল প্রবেট। প্রবেট মুসলিম উইলে আবশ্যকীয় নয়। প্রবেটের জন্য আদালতে আবেদন করা হলে অপরাপর ওয়ারিশদের মতামত জানার জন্য আদালত হতে নোটিশ দেয়া হয়, এ সময় ওয়ারিশগণ উইলের বিরুদ্ধে অসম্মতি জানাতে পারেন। এছাড়া আদালত কালেক্টরের নিকট সম্পত্তির কোর্ট ফি সঠিক আছে কিনা, সম্পত্তিটি সরকারের কিনা, সম্পত্তিটি উইলদাতার কিনা এতে আর কারো স্বার্থ আছে কিনা ইত্যাদি জানতে চেয়ে থাকেন।

দান ও উইলের পার্থক্য

(১) দান সাথে সাথে কার্যকর হয়, উইল কার্যকর হয় অছিয়তকারীর মৃত্যুর পর।

(২) দান সম্পন্ন হওয়ার পর আদালতের রায় ব্যতীত তা আর প্রত্যাহার করা যায় না। কিন্তু উইল ইচ্ছেমত বাতিল করা যায়।

(৩) দান করার সময় দানের সম্পত্তিতে দাতার মালিকানা ও দখল থাকতে হবে অন্যদিকে মৃত্যুর পূর্বে পাওয়া যাবে এরূপ যে কোন সম্পত্তি উইল করা যাবে।

সূত্র: অনলাইন

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