On July 30, 2026, the Law Minister Md Asaduzzaman announced that the government is contemplating revising the Transfer of Property Act, 1882 to enable parents to maintain possession and enjoyment of their property throughout their lifetime even after transferring ownership to their children. This reform is aimed at safeguarding parents from potential dependency on their children post-property transfer and reducing family conflicts and property-related legal disputes. The primary goal is to ensure that parents who transfer property while alive do not risk losing their home security or becoming reliant on their children.
Looking from the perspective of elder protection, the Law Minister’s proposal is both practical and long overdue. It addresses a valid concern that has hindered many parents from making lifetime gifts, which refer to the transfer of property ownership between living individuals without any monetary exchange. However, the implications of this proposal go beyond safeguarding elderly parents and raise significant questions regarding Muslim personal law, succession, women’s property rights, and the future of property transactions in Bangladesh.
One key question is whether the proposed amendment conflicts with Islamic inheritance law. While some may initially assume it does, Islamic law dictates fixed inheritance shares for heirs, including daughters, which are considered legally and religiously significant. However, legally, the situation is more nuanced. Inheritance law applies upon death and governs the estate, while a hiba, or gift, is an inter vivos transfer made during the donor’s lifetime. The proposed reform does not seem to alter this fundamental principle but rather modifies the legal outcomes by allowing the donor to retain possession and use the property during their lifetime, without changing Islamic inheritance law itself.
By transferring more property during one’s lifetime, less property may remain in the estate for distribution under succession rules. This shift in practical significance without changing legal content has implications for women’s property rights. The proposal could potentially enhance women’s property rights by removing barriers that prevent parents from transferring property during their lifetime, thus empowering daughters to inherit property more securely. However, it could also lead to scenarios where parents transfer assets exclusively to sons before inheritance rules apply, potentially reducing daughters’ inheritance rights if little remains in the estate.
The proposal also raises practical considerations regarding “lifetime possession,” including rights to lease, receive rental income, maintenance responsibilities, taxation, insurance, land registration implications, and protections for third parties. Clear legislative drafting will be essential to address these issues and prevent potential litigation.
While the proposal is a step towards preventing disputes and reshaping legal relationships, its ultimate impact on promoting fairness, family autonomy, and addressing inequalities will depend on how families utilize this new legal tool once enacted.
