Parents still have lifetime rights

The government is considering amendments to property transfer laws to allow parents to retain the right to use and possess their property during their lifetime even after transferring it to their children, Law Minister Md Asaduzzaman said on Thursday.

The proposed reform aims to reduce family disputes and civil cases arising from property transfers and inheritance conflicts, the minister told reporters at the Secretariat.

Explaining the current legal practice, Asaduzzaman said that under hiba (a gift under Muslim personal law), ownership of a property is transferred immediately to the recipient after the gift is completed.

“When parents transfer their property to their children through hiba, they lose ownership immediately and become dependent on them. If the children do not take care of their parents, there is limited legal protection for them,” he said.

The minister said property can also be transferred under the Transfer of Property Act, and the government is considering introducing the concept of life interest through an amendment.

Under the proposed provision, parents would be able to transfer property to their children while retaining the right to possess and enjoy the property throughout their lifetime.

He said neither the parents nor the children would be able to sell the property during the parents’ lifetime without mutual consent.

“If parents need to sell the property for essential reasons, such as medical treatment, but their children do not agree, a district judge would have the authority to examine the matter and allow the sale if justified,” he added.

The minister said the reform was inspired by a 1963 ruling of the Pakistan Supreme Court and could help prevent future litigation and reduce family conflicts over property.

“We want to introduce reforms for the welfare of the people and bring changes wherever necessary,” he said.

On another issue, Asaduzzaman said the government would conduct an independent investigation into allegations of enforced disappearance involving a Coast Guard member in Bagerhat.