Question: Is there any method of bequeathing property while alive under Bangladesh law, which will be effective after death? How can it be done?
Answer: Yes, under Bangladesh law, it is possible to bequeath property while alive through a legal process called “gift inter vivos” (gift during lifetime). However, for it to take effect after death, the property transfer can be done using a “will” or “Hiba” with specific conditions.
- Hiba (Gift): A person can gift property to someone while alive, with the intention that the property will only be fully transferred after their death. However, this must be executed while the donor is alive and must meet specific legal requirements. If the gift is conditional and the person remains in possession of the property until death, it may not be effective unless it’s a registered gift deed.
- Will: A will allows a person to specify how their property should be distributed after their death. A valid will must be signed and witnessed according to the laws of Bangladesh. While the person is alive, they retain control over the property, but upon their death, the property will be transferred as per the instructions in the will.
For both methods, legal formalities such as registration and proper documentation are essential to ensure the transfer is legally recognized. It is recommended to consult with a lawyer to ensure that all legal requirements are met and to avoid potential disputes after death.