Question:
My husband has two brothers and sisters. He is the youngest. His mother passed away four years ago, and the property of my father-in-law’s house has not been divided among his siblings (uncle, aunt). If the property is not partitioned, can my husband’s elder sister sell the part of the property that belongs to my husband if he never claims it? Can she sell his share without his consent?
Secondly, if my husband wants to transfer his share to his uncle before the property is divided, is it possible to do so? If so, how can this be done? If the share is transferred to the uncle, can the sister ever claim or sell that share?
Answer:
1. Can the Elder Sister Sell Your Husband’s Share Without His Consent?
- No, she cannot sell it without his consent.
The property rights of each heir are protected under Bangladesh’s inheritance laws. If the property has not been formally partitioned, each sibling still holds an undivided share of the property. In this case, even if your husband never claims his share, his elder sister cannot sell or transfer ownership of his part of the property without his consent or a formal legal procedure. Any sale made without the consent of all heirs is legally invalid.
2. Can Your Husband Transfer His Share to His Uncle Before Partition?
- Yes, it is possible for your husband to transfer his share.
Your husband can legally transfer his share of the property before it is partitioned. This can be done through a gift deed or a written agreement, where your husband explicitly transfers his share to his uncle. The steps to do so are as follows:- Draft a Gift Deed or Agreement: A lawyer can help prepare the deed that transfers ownership of the share to your husband’s uncle. This will need to include details about the property and the specific share being transferred.
- Register the Deed: The document must be registered with the Sub-Registrar’s Office to ensure its legality and validity.
- Stamp Duty: Pay the required stamp duty for the transfer as per the local law.
Once this transfer is made, the uncle will have legal ownership of that portion of the property.