PROPERTY TRANSFER AND MUTATION

Published By The Daily Star on July 23, 2011 (Link Above)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query
We wanted to give our entire property to our uncle (my father’s brother). For that we all have to be present for a mutation process at our hometown.

Because of my busy schedule of work I cannot go there. Is there any way that I can give my sister the authority to act on behalf of me?

Foridul Alam
Notun Dhara, Dhaka

Response
I would like to thank you very much for your queries. From the fact it appears that you are desirous to give your entire property to your uncle. From your queries it is not clear whether or not you have mutated your names in relation to the properties. Thus, you cannot transfer the properties to your uncle unless you have mutated your names in the government record. This is because valid transfer of any immovable property requires a person to mutate his name regarding the same.

Once the mutation is completed, you can transfer all the properties by executing a Deed of Declaration of Heba. It is necessary to register the Declaration of Heba as required by the recent amendments of the Registration Act 1908 and Transfer of Property Act 1882 which have come into force from 1st July 2005. Besides, as part of the amendment, registration fee in relation to Declaration of gift under Muslim law has also been reduced remarkably. Prior to the abovementioned amendments registration of such document was not compulsory and such transfer was valid if the document was sworn before Notary Public. You can appoint your sister as the constituted Attorney by executing a registered Irrevocable General Power of Attorney thereby giving her the authority to act on your behalf.

I hope that the aforesaid opinion will help you to take appropriate step towards a solution of your problem.