New legal framework reshapes property transfer procedures

The passage of the Transfer of Property (Amendment) Act, 2026 has opened a new horizon in the country's legal framework for property transfers by introducing a recent method of gifting property that allows donors to retain the right to enjoy and use it throughout their lifetime, even after transferring its ownership to the recipient.

"We have opened a new horizon in property transfers. This law will neither obstruct nor undermine the transfer of property through heba, gift or any other means," Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman told BSS.

He said the new law provides an alternative mechanism under the existing property transfer law.

"If anyone wants to make a heba, they can do so. There is no obstacle there. If anyone wants to deal with property under another law, they can do so as well. There is no obstacle there either," the minister added.

"None has the authority to interfere with Islamic law. We have not interfered with it. Rather, we have preserved heba, and we have expressly stated so in the law. A group is trying to politicise the issue. The general people are not accepting this. The general people are viewing this law very positively," the law minister further said.

Supreme Court lawyers have described the Transfer of Property (Amendment) Act, 2026 as a highly timely and landmark legislation.

"A key feature of the amendment is that, after gifting property to parents, grandparents, grandchildren, children or between spouses, the donor can retain the right to use and enjoy the property during their lifetime. This provision is considered a timely amendment to the law," Advocate Ekhlas Uddin Bhuiyan said.

Expressing hope that the amended law relating to property transfers would be properly implemented across the country, he further said, "We have seen many cases of parents facing tragic consequences after transferring their property to their children.

Supreme Court lawyer Siddik Ullah Miah said the act will ensure the donor's security and dignity during their lifetime in cases of property transfer or gift.

He said the donor will be able to transfer ownership of the property to the next generation while retaining the full right to enjoy and use it during their lifetime.

The eminent lawyer said the amended law is a positive development for society. It will strengthen children's sense of responsibility and morality towards their parents, as well as the foundation of family relationships.

He said the law is a timely measure to discourage and caution against irresponsible and inhumane treatment of parents and offers a sustainable legal and social solution to such concerns. The provision will provide a balanced legal solution to the dual challenge of securing the future of the family while ensuring one's own social and economic security in old age.

The law was published for the general public on September 8 after being passed by Parliament and receiving the President's assent.