Parents to Keep Lifetime Rights Over Gifted Property Under Proposed Law: Minister

The government is planning to amend the Transfer of Property Act to ensure that parents retain the right to possess and enjoy property for the rest of their lives even after transferring ownership to their children, Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman said on Thursday.

He made the announcement while speaking at the signing ceremony of a memorandum of understanding (MoU) on legal aid between the National Legal Aid Services Organization and non-governmental organisations BRAC and BLAST at the Secretariat, according to UNB.

The proposed amendment is intended to provide stronger legal protection for parents who transfer property to their children but later face financial hardship or neglect.

"We are considering amending the law because a large proportion of civil cases in Bangladesh stem from disputes over property ownership and distribution," the minister said.

He noted that under Muslim law, property can be transferred through heba (gift), while both Muslim and Hindu laws recognise transfers through wills, with Muslim law referring to it as wasiyat.

The minister said that once parents transfer property through heba, they immediately lose ownership and often become dependent on their children.

"If children fail to care for their parents, they are left with little legal protection and become vulnerable," he said.

To address the issue, the government plans to revise the gift-related provisions of the Transfer of Property Act, drawing on a 1963 judgment of the Pakistan Supreme Court.

Under the proposed amendment, parents who transfer property as a gift would retain a usufruct right, allowing them to occupy, use and enjoy the property throughout their lifetime.

"A parent may choose to transfer property as a gift while continuing to possess and benefit from it for the rest of his or her life, instead of relying on heba or a will alone," Asaduzzaman said.

Although legal ownership would pass to the children, parents would retain lifetime possession of the property. Neither the parents nor the children would be allowed to sell the property independently.

According to the proposal, parents would need the children's consent to sell the property, while the children would likewise require the parents' permission to dispose of it during the parents' lifetime.

The minister said the amendment would also include provisions for exceptional situations, such as when a parent requires urgent medical treatment but the children refuse to consent to the sale of the property.

"In such cases, the district judge will have the authority to hear an application and decide whether the property should be sold," he said.

Expressing optimism about the proposed reform, Asaduzzaman said it would help reduce property-related civil litigation by providing clearer legal safeguards.

"We believe this initiative will reduce the number of civil cases in the future and resolve many existing disputes. We want to move forward with such innovative legal reforms," he added.