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Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

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Tahmidur Rahman, Senior Assoicate, Counsels Law Partners

6 Aug 2019

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Tahmidur Rahman Real Estate &Amp; Construction Law In Bangladesh

This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in Bangladesh, it’s powers, scope and appeals. Nonetheless, before explaining the powers and procedures of the Land Survey Tribunal, it is important to know exactly what the Land Survey Tribunal is all about.

What is Land Survey Tribunal in Bangladesh? 

 

Section 145A-145I of the State Acquisition and Tenancy Act (SAT) was added to Section 2 of the State Acquisition and Tenancy Act 2004. Through adding this portion, the legislature has created a special platform and an alternative way for the civil court to correct the record of rights in the summary proceedings. Section 145A(1) of the SAT Act provides that the Government can set up special courts specially set up for the purpose of deciding disputes arising from the final publication of the last revised record of rights. The Government has already formed a tribunal called the Land Survey Tribunal pursuant to Section 145A(1) in almost all districts of the country. (Land Survey Tribunal in Bangladesh)

Section 145 D of this chapter sets out the powers and procedures of the Tribunal, provided that the Land Survey Tribunal or the Land Survey Appeals Tribunal exercise the powers and obey the procedure laid down in the Code of Civil Procedure 1908.

Section 145(1) specifies that’ the Government can, by notice in the Official Gazette, lay down rules for the purposes of this Article.’ Nevertheless, this provision has yet to be made by the Government, although it is vitally important to continue the proceedings of the Tribunals smoothly and to ensure justice in the cases brought before the Tribunals.

Record of Rights in Land Law of Bangladesh:

The word record of rights, sometimes referred to as “Khatian,” is simply a survey of the record of rights that people have on land.

Ownership and use of a specific parcel of land can be ascertained and assured if the land records are kept and the laws governing land relations are written. Land records establish the state of ownership and property rights. In land deals analysis of land records, it is important to decide who the actual owner is. Over time, the “Rule” established to govern land relations has centered on classifying people using land according to the categories of ownership and the reason for which they use land.

Record of Right is a land record in which all sorts of rights and obligations in respect of each piece of land are recorded.

 

 

Section 145 Of Land Survey Tribunal In Bangladesh

 

Procedure of Change of Rights in Bangladesh Land Law:

 

Any person who acquires, by descent, survivorship, inheritance, division, purchase of a mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, land lord, government lessee or tenant of the property, shall have the duty, within three months from the date of such acquisition, to submit in writing to Talathi his acquisition of that right.

 

Rewriting Record of Rights in Bangladesh:

 

Entries made in the record of rights are believed to be valid until the contrary has been established. Where the inference is contradicted by proof, the importance of the entry in the Record of Right is not evidentiary.

The person who poses a question as to the incorrectness of the entry to the legal record must prove his claims. The records in the correct database, registered mutations, etc. are evidence of the fact recorded in the act, although there is no conclusive evidence.

 

Jurisdiction of the Land Survey Tribunal in Bangladesh 

he Land Survey Tribunal was formed to correct only the most recent updated record of rights. Section 145A(1) of the SAT Act provides that such court shall have jurisdiction in respect of such cases only as a result of the final publication of the’ last amended record or privileges,’ i.e. BS / BRS / RS, Dhaka City of Jorip Khatian. Therefore, only the last record of rights can be changed by the Land Survey Tribunal. (Land Survey Tribunal in Bangladesh)

 

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Powers of Land Survey  Tribunal in Bangladesh

 

In the first place, the applicant challenges the record of law in the Land Survey Tribunal. The Land Survey Tribunal may, upon request, declare that the record under appeal is incorrect and direct the office concerned to correct the record in compliance with its decision; and that court may also issue any further order as may be appropriate. Each order of the Tribunal must first state that the record is incorrect and then provide another order for the record to be corrected in accordance with that declaration.

 

Process of Appeal to the Land Survey Tribunal:

Pursuant to the provision set out in Section145B(5) of this chapter, any person aggrieved by a decision of the Land Survey Tribunal may prefer an appeal to the Land Survey Appeals Tribunal within three months from the date of that decision. Section 145B(6) further specifies that an appeal may also be issued within the next three months, even after the expiry of the time limit set out in subsection (5), if the Land Survey Appellate Tribunal is satisfied with the grounds for delay set out by the appellant.

 

The Tribunals shall, on a regular basis, pass judgment, decree and order in the cases which they have tried. In accordance with the provisions laid down in Section 145B(1), the Appellate Tribunals were to be set up to hear the appeals arising out of the judgment, order or order handed down by the Tribunals.

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ can help the purchaser or owner of any land in Bangladesh:

 

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with correction of record-of-rights at the Land Survey Tribunal. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka. (Land Survey Tribunal in Bangladesh)

Land Survey Tribunal Law Firm In Bangladesh Tahmidur Rahman

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Registration Process of Gift of Immovable Property – Heba Registration, Will Registration, Land Registration – A complete Overview

Registration Process of Gift of Immovable Property – Heba Registration, Will Registration, Land Registration – A complete Overview

Heba Will Gift Document Registration in Bangladesh | Complete Overview of Document Registration Process in Bangladesh.

Gift Registration Law Firm In Dhaka Bangladesh Tahmid Rahman
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Tahmidur Rahman, Senior Associate, Counsels Law Partners

25 November 2019

How to do a will in Bangladesh

Last Will and Testament in Bangladesh

It is highly suggested that you have a prepared Last Will & Testament, specially in a country like Bangladesh. Planning or contemplating death is never a thought to behold of. But in this specific instance, one should indeed, however, prepare his/her estate in advance so that his/her financial affairs are in order in the unfortunate event of one’s demise. The last thing one would want to do during this time is to cause his or her family extra stress in regards to the existing property left by their loved ones. When an individual signs the contract and makes an initial payment, his or her property in Bangladesh becomes instantaneously valuable; thus, he or she will have an asset to consider for his/her estate planning even before the transfer of the property.

The drafting of a will in Bangladesh is known as Wasiotnama. One’s assets in Bangladesh, such as land, bank accounts, cars, and personal objects, will be detailed in the document. The government officer will normally ask the family for a copy of a Will after the death of an alien in Bangladesh or Bangladeshi in Foreign Country or they will seek the deceased persons lawyer for this document. The minimization of risk and the protection of your investment is one of the major issues in any real estate acquisition. This is much more important when you buy property outside your own jurisdiction, where lack of coordination can also be a significant obstacle to your goals. A valid will removes a large part of the risk. Hence in regards to will and testament it is always wise to seek professional advice from trusted professionals in Bangladesh.

Document Registration in Bangladesh:

Registration means the correct recording or entering of certain details as provided by statute at the designated place of public records. Registration is basically a public record book. Principal Jurisdictions in regards to registration of documents (Heba Will Gift| Document Registration in Bangladesh)

in Bangladesh are-

 Other relevant authorities in regards to document registration in Bangladesh are-

 

Documents which requires Registration according to Bangladeshi Law 

 

Pursuant to Section 17 of the Registration Act, Section 17(1), Section 17(3) and Section 17A of the Act provide a list of documents to be registered. Section 17(2) provides a list of documents for which registration is optional. In accordance with Section 17 of the Registration Act, 1908, some of the documents required to be registered are as follows:  

a) Declaration of heba under the Muslim Personal Law (Shariat) As applicable since 1st  July 2005,

 

b) Declaration of gift under the Hindu, Christian and Buddhist Personal Law  

 

May I register any other documents which are not referred to in clause 17? 

Indeed, Section 18 of the Act allows any documents to be registered. This states that any document which is not necessary under section 17 may also be recorded under the Act.    

Instruments of gift of immoveable property 

 

  1. Instrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882
  2. Leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent,
  3. Instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws,
  4. Instrument of sale in pursuance of an order of the Court under section 96 of the State Acquisition and Tenancy Act, 1950,
  5. A Contract for Sale:  A contract for sale of any immovable property has to be in writing and registered. The document has to be presented for registration within 30 (Thirty) days from the date of execution of the contract. 

Documents which requires Registration:

 

Documents which do not need to be registered are as follows:

  1. Documents not expressly transferring property
  2. Documents not created any interest in immovable property
  3. Power of Attorney
  4. Agreement for Partition etc. 

 

What is the effect of Non-registration? Effects of Unregistered Documents in Bangladesh? 

 

 Paper, whose registration is compulsory unless exempted, has no effect. No title[ Pabitra Ranjan Roy vs Proshanta Talukdar and a further 14 MLR (2009) 69] will pass an unregistered deed. Section 49 of the Act deals with the consequence of failure to register. 

 

 What are the documents which are not mandatory for Registration in Bangladesh?

 

Documents which do not need to be registered are as follows:

 

  1. Documents not expressly transferring property
  2. Documents not created any interest in immovable property
  3. Power of Attorney
  4. Agreement for Partition etc.

 

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Limitation Period for Registration of Documents in Bangladesh:

 

Registration of any paper except a will must be made within 3 (three) months from the date of its execution in compliance with the Registration Act, 1908. Nevertheless, a copy of a decree or order must be sent within 3 (three) months from the date on which the decree or order was made, or within 3 (three) months from the date on which it is final, if it is appealable.

 

Re-registration of Documents in Bangladesh:

A person who is not properly registered can present a registration document. Nevertheless, registration of such document will be invalid even though a Registrar or Sub-Registrar has approved it for registration. Nevertheless, the person duly approved to send the document can apply for re-registration within 4 (four) months. The registrar will then proceed to the document’s re-registration as if it had not already been registered.(Heba Will Gift| Document Registration in Bangladesh )

 

Place of Registration of Documents in Bangladesh:

 

Government set up Sub Registry Office in different parts of the country. Such Sub-registry offices have specific local government authority. A certificate should be submitted for registration at the Sub Registry Office within which jurisdiction the whole or significant portion of the property to which that document relates is located. Record invalid if no portion of the transferred property falls under Sub Registrar’s jurisdiction. [ Shefali Rani et al. vs Makhan Chandra Das et al., 50 DLR (1998) 349](ii) runs a business or profession licensed and operates a bank account.  

If the bulk of such property is not within the jurisdiction of one Sub Registry Office, the record may be submitted for registration at any Sub Registry Office within which part of the property is located.Section 28:

28. (1) Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clause (a), (b), (c), (d) and (e), section 17, sub-section (2), and section 18, in so far as such documents affects immoveable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion of the property to which such document relates is situate.

Provided that where the major portion of such property is not situate within one sub-district the document shall be presented for registration in the office of the Sub-Registrar within whose sub-district any portion of such property is situate.

(2) Notwithstanding anything contained in sub-section (1),-

(a) after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed; and

(b) a document the registration of which is secured by the inclusion of a non-existent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of the transaction to which such document relates.

[Heba Will Gift| Document Registration in Bangladesh] 

Document Registration In Bangladesh Tahmidur Rahman

Income Tax Submission in Bangladesh

Documents Executed Out of Bangladesh:  

If a document which is supposed to be executed from Bangladesh is not submitted for registration until after the expiry of the period, the registrar must be assured that the instrument has been executed and submitted for registration within 4 (four) months of its arrival in Bangladesh. The officer may then approve such document upon payment of the correct registration fee for registration.

 

Registration of Will in Bangladesh/Heba Will Gift| Document Registration in Bangladesh:

 

A will can be presented at any time for registration or deposited under the provisions of law.Heba Will Gift| Document Registration in Bangladesh

 

Documents executed by several persons:

 

If several individuals execute a document at different times, such document must be submitted within 4 (four) months from the date of each execution for registration and re-registration.

 

Delay in Presentation for Registration in Bangladesh:

 

If any document executed in Bangladesh is not submitted for registration until after the expiry of the period due to urgent necessity or unavoidable accident, the Registrar may, in cases where the delay in submission does not exceed 4 (four) months, order that such document may be admitted for registration upon payment of a fine not exceeding 10 (ten) times the amount of the correct registration fee. Any application for such direction may be sent to a Sub-Registrar who will forward it directly to the Registrar to whom he is subordinate. 

 

 

Heba Gift Will Registration In Bangladesh

Prescribed format for Transfer of Deed and Power of Attorney in Bangladesh

Form 40 of Appendix I of the Registration Rules 2014 includes a specified type of deed. If the format is not used for any real estate transfer, the Sub Registrar may refuse to register the deed.

Power of Attorney Rules 2015 also includes other specified format for attorney power.

Khatian (Record of right) for land registration in Bangladesh

The State, with effect from 1 July 2005, amended the Registration Act 1908 and the Transfer of Property Act 1882 in 2004.

According to the amendment of both Acts–

  • The name of the seller shall be included in the latest Khatian if he / she is the owner of the property by way of other than inheritance; or the name of the seller or
  • his / her predecessor shall be included in the latest Khatian if he / she is the owner of the property by inheritance.

The sale deed must also include a brief description of

  • the property’s possession for the last 25 (twenty-five) years
  • of the property’s nature;
  • the price of the property;
  • a map of the property along with the axes and boundaries;

    Therefore, a person will be guilty of an offense punishable by imprisonment that may stretch to five years but may not be less than three months or fine or both if he disguises the information or intentionally gives false details of his earnings in regards to tax submission in Bangladesh .

Priority of Documents

Section 48 of the Transfer of Property Act 1882 states that if, at different times, an individual creates rights by transfer, the first ones should be given priority. Migration is this section means a complete migration, and does not include a pure transfer or an incomplete transfer by non-registered act where registration is necessary. 

Will Registration Law Firm In Bangladesh Tahmidur Rahman

 

One of the reasons for weak return filing is that VAT is obtained at sources in the case of firms with more than 70% (estimated) registered individuals, such as construction firm, procurement provider. The lack of a culture of voluntary tax compliance is another reason for the unsatisfactory rate of return submission. Due to the lack of successful compliance, the situation is further compounded.

Until now, there has been no significant VAT system automation in Bangladesh. Although most VAT commissioners have data processing units with the VAT Information Management System (VIMS) computer program in place, returns are not processed systematically.

 

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Document Registration in Counsels Law  Partners

Either you need help in assessing your registration process problems or you need other support to ensure that your legal rights are protected by registration processes, CLP’s barristers, advocates and attorneys are highly experienced in managing registration processes. In addition to addressing various issues related to this subject on a regular basis among domestic clients; it also has expertise in advising and assisting numerous international clients. Please contact us for queries or legal assistance in regards to Heba Will Gift| Document Registration in Bangladesh:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

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How to find the legitimacy or Ownership of a Land, Flat or Property | Confirmation of Ownership| A complete Overview of Property Verification

How to find the legitimacy or Ownership of a Land, Flat or Property | Confirmation of Ownership| A complete Overview of Property Verification

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BD

How To Find The Ownership Of The Land
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Tahmidur Rahman, Associate, Counsels Law Partners
LLB. Bsc CSE

10 January, 2020

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Tahmidur Rahman Real Estate &Amp; Construction Law In Bangladesh

What it’s important to verify the ownership of any property in Bangladesh? How to find the Ownership of a Land?

Buying any land/flat/apartment or in case any property in Bangladesh is a serious investment in your life, so it is only wise that you are thorough and mindful to avoid future problems. In Bangladesh, if you haven’t purchased it from a trusted source, you can sometimes invest in a property and face disputes later. The smart thing to do is to check property ownership while purchasing so you don’t have any regrets in the future. Although control of ownership is a tedious job in Bangladesh, it is a very important step in buying property.

What are the steps to go through before buying a Property in Bangladesh?

Here is an infographics which shows six precise yet summarsied important steps of verification for buying any property in Bangladesh. (Six Steps of How to find the Ownership of a Land before buying any property (land,flat,lease,Apartment) in Bangladesh.)

How To Check The Ownership Of A Property In Bangladesh

In Bangladesh, there is a very common dispute over property ownership. Property records are easily forged and inaccurate. If any person is not cautious when buying a property, they may face problems, possibly litigation at a later stage with ownership of the property. Checking property ownership in Bangladesh, however, is a laborious job.

However before we deep dive into the verification process of any property (How to find the Ownership of a Land), if you want to have a in depth knowledge about Land Law and it’s rules and regulations in Bangladesh, go through the article below.

Land Law in Bangladesh – Rules & Regulations & Everything you need to know

  • This post in will explain in details the Land Law in Bangladesh – Rules & Regulations, Everything about property law that you need to know and be aware of.

Nine Steps of Verifying the ownership of any Property in Bangladesh-

 

Here we have described in details (nine steps), the procedure of verifying the property of any ownership of any properties in Bangladesh.

 

Step 1: Gather Sufficient Information about the Property

 

You should try to assimilate all relevant information about the property you want to purchase. Some specific information that can help you find property records are plot (dag) no, khatian number, current owner, address of holding, etc. Without these informations, it will not be possible to check the records/legitimacy of the property in question.

Step 2: Information about the Chain of History of the Property

 

Next, the buyer should try to find the property’s history. The current owner and local people should get a primary idea. This history should be verified against the property’s relevant documents.From the current owner or neighbourhood, you can get a primary idea. This should be checked for authenticity against relevant property documents.

Property Worth In Bangladsh Best Law Firm In Dhakabangladesh Tahmidur Rahman

 

Step 3: Authenticity of the Title Deeds

To check property documents, the most important thing to do is to determine the authenticity of the Title Deed. This can be verified by performing a sub-registry office search. Each registered deed has in the Sub Registry Office a record of the original deed in which it was registered. You can also purchase a certified copy of the certificate by paying the Sub Registrar a small government fee. If the inheritance of the property is obtained, the predecessor’s deed and Partition Deed (Bonton nama) must also be verified.

 

You are also advised to conduct a record check at the Sub Registry Office for the past 10 years.The search will reveal if the property has been previously transferred or mortgaged.

Step 4: Check The Khaitan/Porcha

You must also verify Khatian / Porcha to know the authenticity of ownership of the property. A khatian is a property identification document. It is not an act of ownership on its own, but merely a record of rights. At the local Land office, DC office, you can get this. Ensure proper checking of certified copies. You should check the owner’s name against the history set out in the Deed. If they don’t match, it should be justified.

How To Check The Ownership Of A Flat Apartment

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Step 5: Check the Mutation Khaitan

If the latest Khatian / Porcha does not include the name of the present owner, then it is compulsory to change the property from the old owner in the Khatian / Porcha in the name of the present owner. Without this step, it is incomplete to transfer ownership of property. The mutation consists mainly of three papers I Mutation letter (Namjari Jomavag prostabpotro); (ii) Duplicate Carbon Rashid (DCR); and (iii) Khatian mutation. Mutation is performed by Assistant Commissioner (AC) Land in Bangladesh.

Step 6: Check Whether the Property is Leased from the Government

The government leases lots of the property in Bangladesh (especially residential property in the cities). These leases ‘ tenor varies. Government leased these properties in most cases through its agencies such as the Public Works Department, RAJUK, CDA, etc. In virtually all instances, government agencies ‘ permits are required for any type of activity in the leased land.

An interested buyer in the relevant government offices should physically check the records of the relevant property.

How To Buy Property In Bangladesh Law Firm In Dhaka Tahmidur Rahman

Step 7: Verify the Land Tax Record.

If land tax has not been paid in due time by the current owner, then the government can seize your property at any time, so you must always check the land tax records.

Step 8: Check the Building Plan and the Approval

If there is any construction on the ground or in the case of an apartment or flat, the buyer will check the building plan, letter of approval to ensure that the building is designed according to the plan.

Step 9: Verifying the Property being present Physically.

If there is any construction on the ground or in the case of an apartment or flat, the buyer will check the building plan, letter of approval to ensure that the building is designed according to the plan.

 

If you need professional help with property related issues, please feel free to contact us.

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Custom Law Firm In Bangladesh Tahmidur Rahman
Custom Law Firm In Dhaka

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Land Law in Bangladesh – Rules & Regulations & Everything you need to know

Land Law in Bangladesh – Rules & Regulations & Everything you need to know

Land Law in Bangladesh – Rules & Regulations & Everything you need to know

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Tahmidur Rahman, Senior Associate

20 Oct 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Best Land Law Firm In Bangladesh

This post in will explain in details the Land Law in Bangladesh – Rules & Regulations, Everything about property law that you need to know and be aware of.

 

Types of Land in Bangladesh

 

At first let’s summarise the main forms of land properties or title to lands in Bangladesh. It is important to understand that the types of land classified below may co-exist so that there are several layers of tenure in relation to one parcel of land. For example, a person who has common law freehold may enter into a 3-year lease with a tenant, who may in turn lease a room to a sub- tenant.

A. Common Law Freehold: 

Exclusive land ownership for an indefinite period of time. No private individual has the right to own more than 20 acres of agricultural land under Bangladeshi law. It is estimated that 69% of farm land ownership in Bangladesh is currently Common Law Freehold (as surveyed in 2005).

B. Permanent Lease/ Khas Lease

 

The right to use a government land plot for a term of 99-years at no expense varying from one to three acres. The Ministry of Lands grants landless persons (i.e. persons without freehold of common law) rights to use khas. Often this type of tenure is called a’ permanent lease.’

 

C. Leasehold

The right to use land or housing owned by another, also referred to as a money lease, for a fixed period in exchange for payment of rent. It is important to sign leases of more than one year. There is no need to provide one year or fewer leases in writing. 

 

D. Sharecropping Agreement

Each shareholder and landowner receives one-third of the crop, and the remaining third is allocated on the basis of their contribution to crop costs. Sharecropper contracts must be legacy for at least five years.

 

E. Customary Ownership

 

Official government bodies and normal institutions share jurisdiction over property law in the Chittagong Hill Tracts. Nevertheless, customary law is applied in practice and institutions of government seldom interfere.

F. Co-operative Ownership

Cooperative ownership is a condominium-like ownership of an apartment. The purchaser holds stock shares in the building company and a rent or transfer of the apartment being sold by the seller’s contract in a collective ownership.

G. Tied Tenancy

 

Where a person occupies residential accommodation as an employee of a government agency or private organization, or as an agricultural land labourer.

H. Informal Tenure

 

There are many forms of unofficial tenure, which means tenure that does not meet the requirements for registration. It includes the following details.
Leasing without a registered lease— a person who has a verbal agreement to occupy land or housing for a rent payment of more than one year or from year to year.
Unregistered land ownership— a person owns land under circumstances but the land is not properly registered. For example, the land transfer was not registered to the current owner, or the current owner owns part of a subdivided block and the subdivision was not registered.

 

What are the main government and non-government bodies (eg, representative bodies) which administer the land law of Bangladesh rules and regulations or deal with housing, land and property?

The Lands Ministry, which has the following divisions, is the largest government agency responsible for land management, which governs the Land Law in Bangladesh – Rules & Regulations, and Everything regarding property law.


The Land Record & Survey Directorate is responsible for conducting land surveys and creating individual land registration certificates (khatian) and maps (mouza) for each parcel of land.

The Land Reform Board is responsible for administering government land (i.e. khas), establishing and collecting land development tax, enforcing land reform laws and preparing modified property registration certificates.

The Land Appeal Board is responsible for the determination of appeals against decisions of government officials on land issues, namely land taxes and land ownership and boundaries as reported in land registration certificates (khatians) and maps (mouza).10 In addition to the above, the Land Registration Department is responsible for the registration of land ownership changes arising from land recording. The Land Registration Office is housed within the Law, Justice and Parliamentary Affairs Ministry. This operates at district level by District Registrars and by Sub Registrars at Upazilla, i.e  in Sub-District Level.

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“Counsels Law Partners is Considered as one of the leading firms in Property Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Land Document & Registration Process in Bangladesh 

According to Bangladeshi law, the following forms of transactions are required to be registered: leases for more than one year or from year to year; freehold transactions relating to common law, such as transfers or subdivisions; and the granting of 99-year government land leases (khas).

In fact, informal conveyancing is extremely common as there are major issues with the system of land registration in Bangladesh.We use the word ‘ informal conveyancing’ to refer to transactions that do not comply with the criteria for registration. The World Bank ranks Bangladesh 186th out of 190 countries for the speed, reliability and performance of its land registration processes.17 The shortcomings in the land registration process in Bangladesh are as follows:

• Land registration is a complicated, time-consuming and costly process:

For example, registering a transfer of freehold land in Dhaka will take about 245 days, require a payment of 10 percent of the purchase price and involve eight different procedures.These procedures are generally too difficult for lay people to follow without legal assistance, and too expensive for urban poor people. The cost of land registration is exacerbated by required speed moneys in government offices.

• Inaccuracy in certificates:

The reliability of land registration certificates (khatian) and maps (mouza) is undermined by the fact that there are several government agencies involved in the process of land registration and poor coordination between them. At three different offices, ownership rights are registered:

o The Directorate of Land Record & Survey (DLRS) is responsible for conducting surveys of land, including preparing individual land record certificates (khatian) and maps (mouza);
o The Department of Land Registration (DLR) is responsible for registering land transfers and reporting these to the Land Reform Board; and
o The Land Reform Board (LRB) is responsible for manually preparing updated land record certificates.

How ‘Counsels Law Partners Associates’ helps the purchaser of any land in Bangladesh:

The purchaser often requires a comprehensive due diligence report on several complex issues involving authenticity, title, possession and land transfer history prior to acquisition, purchase of land or long-term lease for commercial purposes. Only a physical search of books and records in a number of offices can provide the same, in addition to physical survey is often required to locate and measure the land. Once due diligence is done, when land / building / apartment is found to be satisfactory, the purchaser also needs assistance in preparing the documentation of the Deed of Agreement for Purchase (Baina); Sale Deed; Lease Agreement, etc. It’s a very complex matter to deal with land.

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How to Transfer property in Bangladesh? 

In Bangladesh, the transfer of property is governed by the Transfer of Property Act 1882, which essentially shapes the Land Law in Bangladesh & Rules and regulatations. In this act, “transfer of property” means an act by which a living person transmits property to one or more other living persons, or to himself, or to himself, or to one or more other living persons, in the present or future; and “transfer of property” means such an act. “Living person” includes an individual corporation or association or body.

There are four modes of property transfer given below: sale; lease; exchange; and inheritance and mortgage transfer of gift property.

SALE:

 

Sale is an ownership transfer in exchange for a price paid or promised or part paid or promised. Unless the price is determined, a sale is not complete.

Contract for Sale: If the seller and buyer agree to sell or buy the property at a later stage, the seller and buyer must enter into a contract for sale. A agreement establishes a contractual responsibility between the buyer and the seller, and a contract for sale does not change ownership of the property. A sales contract in the sub-registry should be registered.

LEASE:

 

The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.

EXCHANGE:

 

The trade is called an exchange if two people swap each other’s ownership of one item for the possession of another, one thing or both things being cash only.

GIFT:

Gift is the transfer of certain existing mobile property made voluntarily and without consideration by a person called the donor, to another person called the donor and accepted by the donor or on behalf of him. 

 

 

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“The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.”

Land Registration Bangladesh Law Firm In Dhaka Tahmidur Rahman

REGISTRATION IS MANDATORY

Under the present laws of Bangladesh, the deed by which the property will be transferred is required to be registered with the relevant Sub Registry Office. Non registered document has no legal value and the any party will not be able to enforce his/her right if the deed is not registered.

RECORD OF RIGHTS

If the name of the transferor is not found in the latest Khatian or his/her name is not mutated, the Sub Registrar will refuse to register the transfer deed. Therefore it is mandatory to mutate the name of the transferor in the latest Khatian.

 

 

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If you wish to know about the rquired steps to go through before buying any property in Bangladesh, go through the Article Below. This post deals with the questions like Why it’s important to verify the ownership of any property in Bangladesh? How to find the Ownership of a Land?

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BD

  • Here we have described in details (nine steps), the procedure of verifying the property of any ownership of any properties in Bangladesh.

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