Legal complications to form Trust

DHAKA: Many think that a complex situation is going to be created in constituting a Trustee Board over the properties of late Humayun Ahmed. So far the stand of the writer’s wife Meher Afroz and the legal position is quite contradictory.

After returning from New York Shaon informed the media that her husband had told her to form a Trustee board to look after his moveable and immovable properties. She will fulfill his dream, she told.

Younger brother of Humayun and popular cartoonist Ahsan Habib talked to Banglanews about the matter. He told that, ‘our brother while alive discussed about forming a Trust. But he could not complete the formalities.’

Ahsan Habib further told that those who are the legal heirs only they can take the decision as I am not his legal heir I cannot take the decision. However he advised to contact another elder brother Zafar Iqbal over the matter.

Humayun’s another younger brother, a teacher of Shahjalal University and eminent writer Zafar Iqbal did not agree to talk about the matter.

On the other hand senior lawyer Barrister Rafiqul Haque told Banglanews that, the legal heirs only can form a Trust if they at all desire. But everybody must agree unanimously. If anyone objects then the whole property shall have to be partitioned among the heirs.’

He further informed that Shaon alone cannot form the Trust. In that case Shaon can form a Trust with her own share only.

He informed that Humayun’s other four heirs from Gultekin’s side will be his legal successor. Gultekin will not get any share as she was separated from Humayun. But Shaon and her two sons are legal heirs.

When contacted Supreme Court advocate Ahsanul Karim, he told, ‘had Humayun Ahmed not formed any Trust before his death then the whole property shall have to be divided among his heirs.’

He told, if the eminent writer had gifted any property to anyone then he or she can form a Trust with that portion but so far we know that Humayun did not make any gift to anyone. In that case Meher Afroz Shaon alone cannot form a Trust legally with the property.’

 When Meher Afroz Shaon contacted over phone regarding the matter she did not agree to talk on the ground of her illness. But she informed through someone close to her that as part of fulfilling the dream of Humayun she will do all necessary for forming a Trust.’  

Shaon’s mother Tahura Ali MP told Banglanews that at the present situation it is very difficult to discuss the matter. Yet Shaon talked a varied to the media. Definitely you heard it. Anyway, Humayun had a dream for formation of a Trust. She further informed that none is above law. Everything will be done as per law.

Informed quarters think that the talk of forming Trust has been thrown to media with ill-intention of making business with the books and films of Humayun. Humayun wrote 322 books besides he directed seven films to his credit.

 Earlier Mher Afroz Shaon informed that Humayun wanted to make his Nuhash Palli into a Trust. On last Tuesday after the burial of Humayun under the litchi tree, Shaon told the journalists, ‘Humayun had wanted to make this Nuhash Palli, a Trust but he could not do for his sudden demise. If I get any opportunity I would fulfill his desire. Humayun also wanted to establish an Institute here at Nuhash Palli, she told.’  

In 1997 Humayun built a resting place on 40 bighas of land under the name Nuhash Palli.  He also planted 300 varieties of fruit bearing trees, forestry and herbal saplings.  

On last July 19 Humayun died in a hospital of United States suffering from cancer. He left behind three daughters- Nova, Shila, Bipasha  and a son Nuhash off his first wife Gultekin while two sons Nishad and Ninit off  Shaon. There was separation with first wife Gultekin. END.

Translated and Edited by Shahjahan

BDST 0529 hours/ 27.07.12