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🇧🇩 Bangladesh /Elections & Politics

Bangladesh eyes property law reform to protect parents' lifetime rights

From Daily Star · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources New plan
  • The Bangladeshi government is considering amending property transfer laws to allow parents to retain lifetime use of property gifted to their children.
  • Current laws, particularly 'hiba' in Muslim law, transfer ownership immediately, leaving parents dependent and vulnerable if children fail to provide care.
  • The proposed reform aims to reduce property disputes and family conflicts by incorporating a 'life interest' principle, ensuring parents' security.

Bangladesh's Law Minister Md Asaduzzaman announced that the government is exploring amendments to property transfer laws, aiming to safeguard parents' rights after gifting assets to their children.

The proposed changes would allow parents to retain the right to use and possess their property throughout their lifetime, even after transferring ownership to their offspring. This move is intended to address a critical issue where existing laws, such as the 'hiba' provision in Muslim inheritance, transfer immediate ownership. Under 'hiba', parents relinquish all rights, potentially leaving them entirely dependent on their children for care and support, with limited legal recourse if neglected.

If parents transfer their property to their children through hiba, they lose ownership immediately and become entirely dependent on them. If the children do not look after their parents, there is little legal protection for them. They become helpless.

— Md AsaduzzamanExplaining the vulnerability of parents under current property transfer laws.

Minister Asaduzzaman highlighted that the current system offers little protection for parents who transfer property and subsequently face neglect. The government plans to incorporate the principle of 'life interest' into the Transfer of Property Act, drawing inspiration from a 1963 Pakistan Supreme Court ruling. This would enable parents to gift property while ensuring they can continue to possess and benefit from it for the rest of their lives.

Under the proposed amendment, neither parents nor children could sell the property without mutual consent. However, if parents require funds for essential needs, such as medical treatment, and their children refuse consent, a district judge would have the authority to permit a sale if justified. The minister emphasized that these reforms are intended for the welfare of the people and aim to reduce future litigation and family conflicts stemming from property disputes.

We want to introduce reforms for the welfare of the people, and we will bring changes wherever possible.

— Md AsaduzzamanStating the government's intention behind the proposed legal amendments.
DistantNews Editorial

Originally published by Daily Star in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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