The government has promulgated the Transfer of Property (Amendment) Act, 2026, which introduces a new category of gift allowing donors to retain the right to enjoy property benefits during their lifetime. This amendment adds sections 122A and 122B to the existing law.

Section 122A validates the transfer of movable or immovable property as a gift while retaining lifetime usufructuary rights. This provision is restricted to transfers between parents, grandparents, children, grandchildren, or spouses. The property will pass to the donee’s heirs according to inheritance law upon the donor’s death, while the donor’s lifetime enjoyment remains protected. This mode of transfer is distinct and does not affect the validity of other gifts, including Hiba under Muslim law.

Section 122B stipulates that such gifts cannot be revoked or varied once registered under section 17(1)(a) of the Registration Act, 1908. However, variations or revocations are permitted by mutual consent to address genuine financial, medical, educational, or familial necessities. In cases where consent is unattainable due to legal incapacity, minority, or other sufficient causes, a District Judge may authorize the change after conducting an inquiry and verifying the good faith of the application.

বাংলাদেশ সময়: ১৩:২২:৪৯   ১৮৩ বার পঠিত   #Amendment Act 2026  #Bangladesh Law  #Gift Deed  #Property Law  #Registration Act 1908  #Transfer of Property Act  #Usufructuary Rights