Elderly Parents Secure Lifelong Property Rights Under New Bangladesh Law
Many elderly parents in Bangladesh face a difficult situation. They often transfer their property to children. Then, some children force their parents out of their own homes. This new law seeks to protect parents from such injustice.
The 1882 Property Transfer Amendment Bill recently passed in Parliament. Law Minister Md Asaduzzaman said the bill’s main goal is to protect parents. It ensures that parents can continue to live in and use properties they have given away. This right lasts for their entire lives.
The Law Minister explained the need for this change. He mentioned cases where children evicted their mothers after receiving property. He spoke of one retired major general’s widow. She was thrown out just one week after her children got the property.
The new law addresses a weakness in the 2013 Parents’ Maintenance Act. Under that older law, parents had to sue their children in court. Many parents do not want to take their children to court. The new law makes it easier to protect parents’ rights.
Under this law, children become the owners of the gifted property. However, parents keep the right to use and enjoy the property. This right is called ‘usufruct’. It means the parents can live in the house or use the land.
Some opposition members and religious groups questioned the new law. They claimed it goes against Islamic inheritance laws. Law Minister Asaduzzaman clarified this concern. He said Section 122(A)(4) of the bill clearly states that the law does not affect Islamic gift laws, called ‘hiba’. It also does not affect the personal laws of other religions.
The new law applies to all Bangladeshis. It covers property matters for people of all faiths. If a child stops a parent from using the gifted property, the parent can complain to a district judge. The Law Minister believes this clear rule will make such cases rare.
Once a parent gifts property under this law, they cannot sell or mortgage it. They can only enjoy its use. The Minister said this law will reduce property disputes, not increase them. He explained that since the donor’s right to use the property is clear, children will have less reason to dispute it.
Md Asaduzzaman shared that similar rules exist in other Muslim countries. These include Malaysia, Jordan, Saudi Arabia, and the United Arab Emirates. He added that many people have called the law “landmark” and “progressive”.
The Law Minister urged everyone to read the law carefully. He asked critics to understand its purpose. It aims to strengthen children’s responsibility towards their parents. The government believes this law is a vital step in protecting elderly parents in Bangladesh.
