Bill passed allowing lifetime use of property after transfer, sparking debate in parliament

Parliament has passed an amendment to the Transfer of Property Act, allowing a donor to continue gifted property during their lifetime even after transferring ownership of the property to another person.

The opposition opposed the bill, alleging that the proposed law contradicts the Quran and Sunnah. However, Parliament rejected their objections and passed the bill.

The Transfer of Property (Amendment) Bill, 1882, was passed by the Jatiya Sangsad on Sunday. Law Minister Asaduzzaman placed the bill before Parliament for passage.

The bill states that after a parent or grandparent gifts property to their child or grandchild, or vice versa, or between a husband and wife, the donor may continue to enjoy the property during their lifetime.

If the recipient dies during the donor’s lifetime, the right to enjoy the property will remain, and the property will transfer to the recipient’s heirs in accordance with the law.

In the statement of objectives and reasons for the bill, Law Minister Asaduzzaman said that although the existing law contains provisions governing the transfer of property, it has no specific provision allowing a person to gift property while retaining the right to enjoy it throughout their lifetime.

He said the proposed lifetime rights would constitute a distinct method of transferring property.

The provision would apply equally to people of all faiths. It would not affect or conflict with ordinary gifts, hiba under Muslim law, or any other legally recognised form of property transfer.

During the debate on the bill, Opposition Leader Shafiqur Rahman said he had no objection to the purpose of the law. However, he said the legislation clearly contradicted Sharia principles.

He asked, “Will we uphold the fundamental principles of the Quran, or will we leave them out?”

The opposition leader said the matter was highly sensitive and concerned the fundamental principles and application of the Quran and Sunnah.

He warned that presenting the law in this form could create widespread disorder in society. He also cautioned that the law could deprive rightful claimants of their legitimate rights.

Calling the law contrary to the Quran and Sunnah, Jamaat-e-Islami lawmaker Nazibur Rahman said the BNP had pledged before the election that it would not enact any law contrary to the Quran and Sunnah.

He said parents are sometimes forced out of their homes after transferring property to their children. “This is a reality and a tragic occurrence,” he said. However, he argued that the solution to this social problem should not involve bypassing Islamic law.

Responding to the opposition's arguments, Law Minister Asaduzzaman said the law would not affect the transfer of property through hiba or any other method. “Muslim law has not been touched here,” he said.

He explained that the gift referred to in the legislation was not hiba. “This law will not obstruct hiba or any other form of property transfer,” he said. He added that the government had introduced the bill after considering social realities.

At one point during the debate, opposition lawmakers walked out of the parliamentary chamber. They returned shortly afterwards and resumed taking part in the debate.

Parliament later rejected the opposition's proposals through a voice vote and passed the bill.