Question:
There is a written deed between my father and his brothers regarding property, but it was not registered. If my father bequeaths his property to his only daughter, will this cause any issues in the future?
Answer:
In Bangladesh, the validity of a written deed without registration and its impact on property inheritance depends on the nature of the deed and the type of property involved. Here’s a breakdown:
1. Unregistered Deeds and Their Legality:
- Written Deed: A written deed can be legally valid even without registration, but its effectiveness can be challenged in the future, especially if the property is immovable.
- Registration Requirement: Under the Registration Act, 1908, for immovable property (such as land or buildings), the deed must be registered to ensure legal enforceability. An unregistered deed will not provide strong evidence in the case of disputes.
2. Bequeathing Property to Daughter:
- Legal Rights of the Daughter: If the property is legally transferred to your father (via an unregistered deed), he can bequeath it to his daughter. However, the bequeathal process can be complicated if the deed is unregistered, as the rightful ownership might be questioned by other heirs or parties.
- Inheritance under Muslim Law (if applicable): Under Muslim inheritance law, the property would typically be divided among male and female heirs. The daughter’s share would be half that of a son in the absence of a registered deed and clear evidence of the father’s ownership.
- Will: If your father wants to give his entire property to his daughter, he must execute a will that is legally valid. In this case, having the property formally registered and transferring the title to your father would strengthen the will’s legal standing.
3. Potential Future Issues:
- Disputes and Claims: Other heirs (such as your father’s brothers or their children) may contest the bequest if the deed is unregistered. A registered deed would eliminate such disputes.
- Proof of Ownership: The unregistered deed may not be sufficient to prove ownership in a court of law. If a dispute arises, your father may need to prove the existence and terms of the deed through witnesses or other evidence.
4. Recommendations:
- Register the Deed: To avoid future issues, it’s highly recommended to register the deed or transfer the property formally to your father’s name through a legal process.
- Consult a Lawyer: Consult a property lawyer to ensure the deed is legally enforceable, or to make arrangements for transferring the property to your father and his daughter.