Question:
My mom is willing to give me a place, which is in her name. My father bought the place in my mother’s name. Since I don’t have any brothers, only uncles and aunts are around. In this situation, who should be the witness for the document? Does the witness need to be a relative from my mother’s side, or can it be anyone I know?
Answer:
In Bangladesh, when transferring property or drafting legal documents like a gift deed, the witness requirements are typically outlined by the law. Here are the key points:
- Who Can Be a Witness: The witness does not necessarily have to be a relative from your mother’s side. Anyone who is of legal age (18 years or older) and has the capacity to understand the nature of the document can be a witness. This means that a close friend, neighbor, or any person you trust can serve as a witness.
- Witnesses’ Role: The role of the witness is to confirm that the parties involved (in this case, your mother as the giver and you as the receiver) have signed the document voluntarily and are fully aware of its contents. The witness ensures the document’s authenticity.
- Number of Witnesses: Typically, two witnesses are required in Bangladesh to validate a property transfer or gift deed. Both witnesses must sign the document and provide their personal information (like National ID numbers).
- Uncles and Aunts as Witnesses: While your uncles and aunts can act as witnesses, they are not legally obligated to do so. It is entirely up to your mother whether to involve family members or other people who are not directly related.
- Legal Advice: To ensure the document is properly executed and recognized legally, it is advisable to consult with a lawyer who can guide you through the documentation process and ensure compliance with property transfer laws.