Pharmacy Business in Bangladesh – Permission, License process and Business Formation

Pharmacy Business in Bangladesh – Permission, License process and Business Formation

Pharmacy Business in Bangladesh – Permission, License process and Business Formation

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Tahmidur Rahman, Director and Senior Associate

20 Sept 2019

In this post, Tahmidur Rahman speaks about how to open a Pharmacy Business in Bangladsh successfully and the process of formation in details.

How to open a Pharmacy Business in Bangladesh  

Bangladesh’s Pharmacy sector is one of the most profitable sector in regards to the proportionality of investment and output . Owning a pharmacy company in Bangladesh is not only a lucrative endeavor but also a satisfying one for you. This is the company for those who want a place to deliver a reliable service. But business startup is a challenging process. Things to do in this process are including market study, financial structure, trade licensing and product licensing, recruiting critical staff, etc.
And make sure you educate yourself thoroughly on what that means before you attempt to open a drug store. When you want to personalize the type of service that you deliver to your clients in different ways, a retail pharmacy offers you complete flexibility.

 

Procedure of starting a Pharmacy in Bangladsh

Launching a pharmacy company in Bangladesh is currently something difficult, but not impossible. Because of this sector’s strengthened regulation it provides a major opportunity to enhance community health. This means the government has given priority to the informal sector, including Bangladesh retail drug shops. It is positive news for the country’s health-care sector. Here are the steps to opening a Pharmacy Business in Bangladesh in simple three steps:

  • A. Market Research & Analyze the Local Community’s Needs and draft a business Plan:

    This is not only the first and initial step for your pharmacy business in Bangladesh but also the most important one. When it’s done, you’ll need to build lasting relationships with drug wholesalers and other vendors. In the process, you also have to negotiate good rebates. Unless you are trying to choose the right place where a lot of traffic passes every day, the company will definitely be running in full swing. If you find it in the vicinity of a government or private hospital, this is the best place for a pharmacy company.

  • B. Obtaining Permission from the Bangladeshi Pharmacy Council for Pharmacy Business in Bangladesh:

    To conduct business as a pharmacist in Bangladesh, you must first obtain Shonod (Permission) from the Pharmacy Council of Bangladesh. You can receive the permission from the Bangladesh Pharmacy Council after completing a 6 month course.

  • C.Obtaining Permission from the Bangladeshi Pharmacy Council for Pharmacy Business in Bangladesh:


    Collect Form 7 from Drug Administration’s (DGDA) General Directorate. To apply for a drug license, fill out Form 7 and submit it to DGDA. The applicant must also send Bank Statement of License Fee payment to Treasury Chalan along with Form 7. Receiving the store deposit or photocopying the rent agreement. If you own the store, then the store’s Ownership Deed. An Angikarpotro by another Pharmacist approved.
    A copy of your Trade License – if you want to set up a pharmacy in a Bangladesh municipal area, you need to get a Trade License. For an idea of how to get a trade license in Bangladesh, please check out our article on “The complete process of obtaining Trade License” here.

  1. At first obtain the Bank statement
  2. And then, the Treasury Chalan of the License fee submission
  3. The receipt of the rent of the shop or photocopy of the rental agreement. If you own the shop, then the Deed of ownership of the shop.
  4. An Angikarpotro by another licensed pharmacist.
  5. A copy of your Trade License – if you want to set up the pharmacy in a municipal area of Bangladesh, then you must obtain Trade License. To have an idea on how to obtain trade license in Bangladesh, please have a look at our article on “Trade License Process and Cost”.
  6. A copy of the certificate of completion of the 6-month course by Bangladesh Pharmacy Council

 

 

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Standards for the establishment and operation of  Pharmacies in Bangladesh

Even after successfully creating the establishment/business the  Pharmacy owner must have these required coml;

In addition to these, every Pharmacy owner shall keep in mind while conducting pharmacy business in Bangladesh:

  • Ensure that the Pharmacy staff has the appropriate skills, qualifications, and competencies for their role and for the tasks they carry out.
  • Prominently display the Pharmacy accreditation certificate, dispenser registration certificate(s), and trade license.
  • Prominently display the name of the pharmacist—in-charge for the premises and his/her registration certificate in the professional service area.
  • Notify the DGDA in writing within 30 days after the Pharmacy permanently closes; in so doing, the authority shall inspect the inventory and provide advice for proper disposal of medicines and other products.
  • Notify the DGDA in writing within 30 days after the Pharmacy temporarily closes with the anticipated date of re-opening, which should also be publicly displayed in front of the Should a Model Pharmacy close for one year, it shall be considered a new applicant for accreditation.
  • Notify DGDA in writing within seven days for any change in approved personnel including when a notice for termination of contract with pharmacist-in-charge is issued.
  • Report any thefts or unexplained losses of drugs or records immediately to the nearest police station and to DGDA.

Premise requirement for  Pharmacy Business in Bangladesh

In regards to the Pharmacy Business in Bangladesh and premise of the Pharmacy, every Model Pharmacy premises must meet minimum requirements as follows:

  • Be a permanent structure that is not at risk from floods.
  • Have a roof and ceiling free from leakage.
  • Provide adequate seating for customers waiting for service.
  • Have surfaces/floors/walls with smooth finish that can be washed with disinfectants.
  • Assure good hygiene inside and outside the premises.
  • Have a source of potable water.
  • Have space with dimensions of at least 300 square feet and a ceiling height of at least 8
  • Have a source of electricity such as a direct connection to an electrical grid, generator, instant power supply, or solar panels.
  • Have a sink with running water dedicated to support hand hygiene practices.
  • Where a Model Pharmacy prepares extemporaneous products, the sink must have sufficient space for cleaning related equipment.
  • The sink should not be used for disposal of mop water and other liquid wastes.
  • The building must be constructed and maintained to minimize entry of animals, such as rodents and birds.

How ‘Tahmidur Rahman & CLP Associates’ helps the formation of any business in Bangladesh

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process relating to formation of pharmacy business in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

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Signage Requirement for Pharmacies in Bangladesh

Pharmacies will have the following signage:

  • A sign board with the name of the outlet, registration number, address, and officially approved logo (brand) for a Model Pharmacy in accordance with DGDA’s Model Pharmacy branding guidelines.
  • A “NO SMOKING” sign conspicuously placed to prohibit smoking on the premises.
  • A sign indicating operating hours.
  • Upon closure or relocation, or loss of accreditation status, all signage indicating that the premises was a Model Pharmacy must be removed immediately.

 

Requirements in professional service area for Pharmacy Business in Bangladesh

 

  • The Model Pharmacy must have a clearly delineated and marked professional service area restricted to the provision of therapeutic goods and services.
  • The professional service area should be distinguishable from other areas of the Model Pharmacy; customers should readily be able to locate the dispensing area.
  • The area should be designed and located such that consumers are able to access the advice of the pharmacist or other qualified pharmaceutical personnel to assist in their safe and effective use of therapeutic goods.
  • The professional service area contains the dispensary, counselling area, prescription drop-off and collection points, and over-the-counter and prescription medicine storage areas. The professional service area must be free from information, products, and services that are not therapeutically related.
  • Non-therapeutic items (e.g., toiletries, cosmetics) should not be displayed for sale within the professional area.
  • No person other than a member of the Model Pharmacy staff is allowed behind the counter in the professional services area.
  • The dispensary must have a dispensing counter with a clean and smooth surface. (For Pharmacy Business in Bangladesh.)

 

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Frequently Asked Questions about Pharmacy Business in Bangladesh

In regards to opening a pharmacy business in Bangladesh, people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

General Questions about Starting a Pharmacy business in Bangladesh

How can I get pharmacy license in Bangladesh?

The process is pretty easy! All you need to do is to complete a 6 months course from the Bangladesh Pharmacy Council.

How much does it cost to start a pharmacy in Bangladesh?

Only a fee of 3000 Taka must be paid through Treasury Chalan if the pharmacy is to be established in the municipality of Bangladesh. In the case of areas outside the municipal area, the fee will be 1500 Taka. The license must be renewed every two years.

Is pharmacy business profitable in Bangladesh?

Pharmacy business has emerged as one of the most profitable segments in the healthcare sector. Industry experts believe that Bangladesh will soon become one of the top ten countries in terms of individual medical expenditure. Medicine spending in Bangladesh is projected to increase by 10% over the next five years.

What is drug license in Bangladesh?

You need to get a drug license if you want to deal with medicine. This drug license is issued by the Department of Medicine Administration under the Ministry of Health and Family Planning. License fee is 3000 BDT inside the municipal area and outside the municipal area is BDT 1500.

How to apply for drug licence in bangladesh?

You need the following documetns for getting a drug license in Bangladesh:

  1. Bank statement.
  2. Treasury Chalan of the License fee submission.
  3. The receipt of the rent of the shop or photocopy of the rental agreement. …
  4. An Angikarpotro by another licensed pharmacist.

 

How to get GMP certificate License for drug?

Good manufacturing Practice (GMP) Certificate:

  1. An Application in Company Letter Head
  2. Manufacturing license of medicine
  3. Your company profile
How do pharmacies make their money in Bangladesh?

For each item sold, pharmacies shall be reimbursed at the agreed price as set out in the Drug Tariff. Buying profit is generated by ensuring that goods are purchased at a price lower than the price indicated. Bulk buying is one obvious way this can be done.

What Bangladesh Pharmacy Council?

Bangladesh Pharmacy council is the only regulatory body for controlling the pharmacist and the pharmacy education in Bangladesh as per the law of Bangladesh, The Pharmacy act 2013.

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About Our Services

Pharmacy Formation

CLP is considered one of the best law firm in Pharmacy formation in Bangladesh, and not only that in general it is considered as the best company law firm in Dhaka.

How to start a pharmacy seamlessly with Tahmidur Rahman CLP's help

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process relating to formation of pharmacy business in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

.

How do I run a successful pharmacy in Bangladesh?

First and foremost decide a strategic location to open your pharmacy. To make your pharmacy successful, you need to get to know the industry and determine what your goals are.

  • Invest in well-manered and trained employees by the Bangladesh Pharmacy council.
  • Make a really good first impression.
  • Incorporate state-of-the-art technologies for the easy distribution of medicines.
  • Provide expcetional health service to people, in the end its is a noble profession.
What other services does Tahmidur Rahman (CLP) provide in Company formation?

The firm offers advice to domestic and foreign clients on matters related to general company and corporate enforcement, including but not limited to investment legislation, sectoral structures and regulatory matters / enforcement. Clients in this field of practice come from across industries, including but not limited to telecommunications, e-commerce, technology, ITES, electricity, healthcare, real estate, security, retail, pharmaceutical, education , infrastructure, media, automotive, etc.
The firm actively advises clients on trade related issues that directly affect foreign investment in Bangladesh. These issues growing include preferential market access for Bangladeshi businesses, position of technology, etc.

Have a Different Question?

Email us anytime : tahmidur@counselslaw.com

Or call — +8801727983838

Charitable Trust in Bangladesh

Charitable Trust in Bangladesh

Charitable Trust in Bangladesh | Laws, Formation, Regulation of Charitable Trust| Everything you need to know about Charitable Trust in Bangladesh

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Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Oct 2019

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This post in will explain in details about Charitable Trust in Bangladesh| Formation Process of a charity, Regulation of the Trust etc. | Everything about Charitable trust that you need to know and be aware of.

What is a Charitable Trust?

 

A charitable trust is a group of properties or assests that a beneficiary signed over or uses to create a charitable fund, typically with liquid investment. The assets are owned and handled for a fixed period of time by the charity, with some or all of the value that the assets produce going to charity. This may take the form of a permanently fixed sum per year, called an annuity or uni-trust, which measures annual payments based on a percentage of the value of the trust in a given year and is therefore subject to adjustment. Conventionally there are no set beneficiaries of a charitable trust. That is true even where the people who directly benefit from the trust are easily ascertainable, say for the elderly or the disabled in the case of a residential home. In the case of a charitable trust, the obligation of assurance is relaxed in the following sense: as long as it is evident that the settlor wished to commit funds to charity, it will not matter if the precise charitable aims desired by the settlor are well defined; the court must formulate a charitable use scheme for the funds. Charitable trust might also last indefinitely depending on the conditions or the investment.

The requirement for being identified as a ‘Charity’ in Bangladesh

Whether a certain purpose is charitable can be determined by treating the issue in two factors:
a) Is the purpose or the intention of the trust is prima facie charitable?
b) If so, is it in the public interest? 

Advantages of Setting up Charitable and Religious Trusts in Bangladesh

 

  • In the case of a charitable trust, the presumption of assurance is relaxed in the following sense: as long as it is clear that the settlor intended to commit funds to charity, it does not matter if the specific charitable purposes intended by the settlor are specifically specified, Thus, for example, a trust will be perfectly legitimate simply for charitable purposes.
  • A Trust in Charity can last forever. Where charitable trust funds remain but the original charitable intent is basically no longer achievable, the cy-près doctrine will be applied to establish a new, workable, charitable purpose trust for the funds.
  •  There are significant fiscal advantages in the form of a reduction or exemption from different taxes and charges. Without going into the specifics of these tax benefits, one should consider their practical significance to individual charities and the wider concerns posed by this type of tax relief for any reason that falls under the legal definition of charity.

 

Charitable and Religious Trusts Law in Bangladesh 

In Bangladesh, such laws have been enacted to govern and control the activities of charitable trusts regardless of their legal status. Such laws specifically influence the relationship between the non-profit agency and the government, and the creation and control of their activities. Which include:

ii) Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961 (iii) Compliance Rules on Foreign Donations (Voluntary Activities), 1978 (iv) Microfinance Regulatory Policy, 2006 (v) Foreign Contributions (Compliance) Ordinance 1982 (vi) Society Registration Act, 1860 (vii) Trust Act 1882 (viii) Company Act 1994  

 

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The concept of  Trust in Bangladesh

In Bangladesh both private and public trusts are in operation. A private trust is one where certain chosen persons are given profit, i.e  the beneficiaries are   listed. For instance, in trust for C, A conveys its land to B, where B will work as the trustee for C. In order to establish the trust, one must designate the trust property as the holder, and must also appoint an individual or group of individuals to serve as trustees with respect to the trust. When choosing the trustees, it should be borne in mind that only those who are capable of legitimately owning property and are capable of implementing contracts should be trustees. A minor or an insane person, for example, can’t serve as a trustee. Trustees have strong, if not onerous, legal duties which they have to adhere strictly to. Therefore the chosen settlor trustees are always to be told of their legal responsibilities. These trustees have the right to obtain any fees / remuneration for their work.

In addition, there must be a simple and definite ‘intention’ or ‘intent’ of creating the trust. Can not be made for reasons unknown or undefined. It goes without saying that the trust ‘s intent has to be a lawful one, above and above. As for example, a trust may be established for the education of poor children in an area; for certain medical purposes; for charitable purposes; for the protection of someone; for the creation of a scholarship or school, or even for the benefit of a single individual or a particular group of people. The individual or group of people profiting from the trust would be legally recognized as the trust’s ‘beneficiaries.’ 

In regards to charitable trust in Bangladesh, the trust is extended on the public at large in a mutual confidence gain. Recipients are not visible here. Trusts to support activities relating to general health or education are charitable trusts. This could be a faith in charity or in religion. For examples, A transfers its property to B for the construction of a hospital for the general population.   

Permission and Registration in regards to creation of waqf

Under the terms of the Registration Act, if the trust property is an immovable property (e.g. land) the trust deed has to be registered. Unless, on the other hand, the property in question is not fixed but mobile, like, money or otherwise, then there is no legal requirement to register the instrument of trust. Regardless of the disposition of the fiduciary interest, your father will transfer the interest to the trustees following the required legal formalities annexed to the transfer of that type of property.

However it’s important to remember that there is no obligation for any authority to take any permission to establish a trust. Nevertheless, permission / registration is required to establish a Waqf. Waqf means the permanent dedication of any movable or immovable property by a person professing Islam, for any reason recognised by Muslim law as holy, religious or charitable. Trust and Waqf are terms which are essentially related. However, there are variations in the intent, administration, and regulating legislation. 

The WAQF Ordinance 1962 and Charitable Trust in Bangladesh

Like the English definition of trust, the Muslim Law which is implemented in Bangladesh recognizes a waqf institution. A property owner, both movable and immovable, may settle his property in perpetuity for the use of beneficiaries. The owner can create a waqf by making a declaration in an instrument. The so settled property is known as the waqf property and the person who creates the waqf is known as a waqif. The waqf is governed by a trustee who according to the waqf instrument requirements is known as a mutawalli. 

The Waqfs Ordinance 1962 mandates all waqfs to be registered at the Waqf Administrator ‘s office via a request made by the waqf property’s Mutawallis. Upon receipt of the letter, the Administrator shall continue with the registration of the waqf property after which the Administrator shall hold its detailed details in his record, including the deeds, the name of the mutawalli and the rules of succession to the mutawalli office. The 1962 Ordinance has no provision to terminate the waqf, as it requires a permanent dedication of a house. But the Ordinance empowers the Waqf Administrator to take over and assume the administration, control and management of any waqf property when it is found that the waqf ‘s objectives are not being properly accomplished in the context of its intended purposes and when this event occurs, the Administrator or the waqif may contact the court and seek its guidance in this regard. 

 

Classification of Waqf – Trust in Bangladesh

 

A wakf produced during death is known as a testamentary wakf-23-as in the case of a gift
Wakf is commonly divisible into two
(i) Wakf helping the general public;
(ii) Wakf supporting their relatives, children or offspring.
(A) wakf helping the general public: wakf (Masliah -al aama) e. g. Mosques, cemeteries, dargae, takias etc.

 

 The key legislation on this public wakf in Bangladesh is the 1962 Wakf Ordinance (Ord No. 1 of 1962), which was enacted to update and amend the law on the administration and management of wakf property in Bangladesh.
(B) relatives, children or descendants benefiting from wakf: these may be of three types.

 

Under the provisions of Employee Rights & Labour Law in Bangladesh, it is brought up the working hours of a worker, such as:

 

Exclusively for the family: The Muslim Law accepts wakfs for the family. The view is expressed by Ameer All relying on a number of Prophet (sm) traditions that a Wakf is a legitimate one only for the benefit of the family of the Wakif (without any provision for charity). Bikani-Bikan Mia vs. Shuk Lai . But this view of Ameer Ali was disapproved by the Privy Council and it was held that wakf,exclusively for one’s family was not a wakf for charitable purposes and was therefore invalid.

 

  • Wakfs substantially for the familly ,with some provisions for charity :  Before the enactment of the 1913 Act, the private council held that if the primary purpose of the wakf was the aggrandizement of the estate, the wakf would be null even if there were any illusory gift for charity.
    Abdul Fata Mohammad vs. Rasamaya (I. L. R 22 Cal. 619 (PC) It was held that a wakf for both the chanty and the family was valid only if the property had been significantly committed to charitable purposes but not otherwise. According to the Act, 1913 wakf is accepted significantly for relatives, the only prerequisite being absolute commitment to charity. The Act is intended to extend and not limit the law relating to wakfs. 

 

(iii) Wakfs substantially for charity with some provision for the family :

 

Also before the 1913 Act; wakf, whose primary aim was a permanent commitment of the property to charity held to be legitimate even though private settlement was in favor of the wakif itself or his relatives. (Mohammad v. Amarchand Ahsnullah)
Thus these wakfs have always been valid and are valid even now without invoking the provisions of the 1913 Wakf Act.
So we see that law relating to wakfs in Bangladesh is partially regulated and controlled by the statutes, judicial decisions and partly by Muslims’ personal rules.

 

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Religious and Charitable Endowments under Hindu Law in Bangladesh

 

Religious endowments such as Debottar (the property dedicated to Deity ‘s ownership) and Mutts (the religious educational institution) can be created orally and in writing. And may take the form of both gift and will (will apply if the case is regulated by theAct in the event of a will section 57 of the Succession Act). Endowments may be created for charitable purposes to feed the needy or the Brahmans etc. Formal Endowments Acts for religious or charitable purposes must comply with T.P ‘s requirements. Play, dated 1882. And the Enrolment Act, 1908. (Charitable Trust in Bangladesh)

Dedication to faith can be of two forms i. e. Complete or partial. In the event of a full dedication the owner absolutely loses his tille and diely becomes the absolute owner and in the case of a partial dedication the owner retains the property and only a fee is created in favor of the item where the dedication is of total nature any surplus money may be used by applying the cypress doctrine. Debottar can follow two types i. e. Both private and public. In public debottar, the right to worship is open to the general public, In private debottar the privilege is limited to members of a specific family or members of a certain group of persons and the public are not entitled.

Required Formalities in creation of a Hindu Charitable Trust in Bangladesh

For the creation of a Hindu religious or charitable endownent, no formalities are usually required. Yet according to some administrations.

  • (A) The object or intent of the trust shall be a true religious or charitable intent, in accordance with Hindu law laws.
  • (B) Under Hindu law the creator should be able to establish a trust in respect of the specific property;
  • (C) The creator should state the object of the trust and the property in question with adequate precision;
  • (D) The trust shall not, for the time being, object to the provisions of the statute.

 

Regulation in regards to Hindu Charitable Trust in Bangladesh:

It is held in Bangladesh that the government can not take ownership of such
debottar property as an enemy property merely because the shebait has left the country.
Consequently, apart from the Hindu legal laws and judicial rulings, the Hindu public or private religious and charitable endowments are subject to the following provisions

 

(a) Religious endowments Act, 1863,

(b) Charitable and Religious Trusts Act, 1920,

(c) Sec. 92 of Civil Procedure Code, 1908,

(d) Transfer of property Act, 1882,

(e) Registration Act, 1908 

(f) Succession Act, 1925

 

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Maternity Benefit/Maternity Leave in Bangladesh

 

 

In the last few years there has been a significant increase over women’s participation in Bangladesh’s workforce. Women workers currently account for one-fourth, that is, 12.1 million, of Bangladesh’s total workforce of 49.5 million[19]. Important legal changes have also been implemented through the introduction of the Labor Act, 2006, which eliminates some ambiguities in the existing, diverse labor laws and amends occupational safety issues such as maternity benefits, health and hygiene, injury compensation, etc. 

The Labor Act, 2006 repeals three previous Maternity Benefit Acts-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act, 1941 and The Maternity Benefit (Tea Estate) Act, 1950 and combines almost all of the provisions of these Acts in Chapter IV. Section 2(xxxiv) of the Act describes maternity benefit as the sum of money payable to a woman under Chapter IV;
Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery. Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born. Section 45(3) prohibits the use of any woman for some arduous work if she is likely to be delivered from a child within 10 weeks or if she has been delivered from a child within 10 weeks.
In Section 46 of the Labor Act provisions have been made for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made the provision that this benefit shall only be available to workers who have served under the owner for a minimum period of6-months prior to the notice of the probability of the delivery.

 

 

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For queries or legal assistance in regards to creating a charitable Trust or in-fact creating any trust, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838

 

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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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: tahmidur@counselslaw.com
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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Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate & Construction Law in Bangladesh – Rules & Regulations & Everything you need to know

Tahmidgoldenpicturebackground E1569742859700

Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

Table of Contents

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

Real Estate &Amp; Construction Law In Bangladesh_Tahmidur Rahman_Law Firm In Dhaka

This post in will explain in details the Real Estate & Construction Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh | Everything about property law that you need to know and be aware of with diagrams and infographics.

 

Real Estate Law in Bangladesh 

At first let’s break down what is real estate Bangladesh before diving down towards Real Estate & Construction Law in Bangladesh . It is important to understand that Real Estate is not the same thing as personal property, and should not be confused. Personal assets include intangible assets such as investments, as well as tangible assets such as furniture and fixtures such as a dishwasher. Even renters may also claim parts of a home as personal property, provided that you have purchased and installed the property with the permission of the lessor.

What is Real Estate? 

Real estate is a property composed of land and its houses, as well as the land’s natural resources, including uncultivated flora and fauna, farmed crops and livestock, soil, and any other mineral deposits. 

 

Real Estate in Bangladesh  

Real estate is both a tangible asset and an immovable form. Definitions of real property include ground, houses and other facilities, as well as the rights to use and enjoy the land and all its amenities. Renters and leaseholders may be entitled to possess land or structures that are considered part of their house, but these rights are not, strictly speaking, considered ownership. Hence:

 

  • Real estate is real, that is, physical, land-based property and everything on it, including houses, flora and fauna and natural resources.
  • Immovable properties have three basic categories: residential, commercial and industrial.
  • Residential real estate is less costly and more viable for individuals when it comes to finance, whereas commercial real estate is more profitable and secure.
  • As an investment, real estate offers income and capital appreciation.

Jurisdiction of Real Estate Law in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Real Estate Law in Bangladesh. In the act Section 2 explains the registration process of Real Estate Developers and their due responsibilities. (Real Estate & Construction Law in Bangladesh )

Section 2 Real Estate Law In Bangladesh
Best Construction Real Estate Construction Firm In Bangladesh

 

Registration Requirements for Real Estate Developers in Bangladesh 

If someone wants to enter the real estate market in Bangladesh for commercial purposes, the act specifies that he or she will have to submit the following documentation for registration with the agency concerned.

  • Trade License
  • Tax Identification Number (TIN)
  • VAT Registration Number
  • Credentials of experts in your company
  • Memorandum of Association, Article of Association and Certificate of Incorporation
  • REHAB Membership Registration Copy

Buying, Selling, Transferring of Real Estate in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Buying, Selling, Transferring of Real Estate in Bangladesh Real Estate Law in Bangladesh. In the act Section 3 explains the registration of buying, selling and transferring process of Real Estate Developers and their due responsibilities. The buyer or seller can not adjust the quoted price as set out in the deal. The sum can, however, be changed later if the parties agree to jointly use better materials for the land. First, in no longer than three months, the owner will sign over the land, registry and principal deed. Additionally, if the property has any difference with respect to size or volume after sale, the price must be changed within three months of the transfer. So keep these things in mind when you buy a property next time in Bangladesh.

Transferring Of Real Estate Law In Bangladesh
Top Drawer Real Estate Construction Law Firm In Dhaka

 All Landowners and Developers / Purchasers will not initiate or carry out construction work on the land project’s construction or development work without receiving design permission from the government’s appropriate authority such as RAJUK, CDA, KDA, RDA, etc.

Tahmidur Rahman Real Estate Construction Law In Bangladesh

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

Carpe Noctem Bangladesh

The Property Contract in Real Estate Law of Bangladesh 

For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house. Instead, as a proprietor of his new apartment, he is allowed by the owner to receive one year of maintenance facility. Additionally, if any errors arise within two years of the handover, the contractor must repair the damage from their wallet.

 

Real Estate Law For Developers in Bangladesh 

Real Estate Developers have to be committed towards the enhancement and growth of the Real Estate Sector of Bangladesh. If they recognize that for sustainable long term growth of this sector, they must conduct their business with a great proficiency, equality, honesty and ethics. Out of the all the parties in the market, a real estate developer has to deal with clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) the most. Rules and regulations are much rigorous for the real estate developers. For example, if you want to enter the market for commercial purpose, you will have to produce the following documents as stated above to the concerned authority for registration.

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

Tahmidur Rahman- Counsels Law Partners, Law Firm in Dhaka assists buyers, financiers, shareholders, developers on their land-related matters like property due diligence (domain identification, encumbrance check, ground limit, permissive land usage, building development) related to ownership and occupancy, lease, stamping and registration of papers, zoning and permissible use of lands, essential ambitions.

Real Estate Law In Bangladesh

 Legal Services Offered by Firms in Regards to Real Estate in Bangladesh

 

 

Drafting, look over & negotiating various property documents.

Legal opinion by vetting all property related documents.

Transaction support for all types of real estate schemes including due diligence and title search.

Arbitration and Litigation relating to property related disputes.

Assist and Advice on issues relating to stamp duty and registration.

Advice on matters relating to land tenures including agricultural land issues

Foreign Direct Investment in real estate.

Drafting and reviewing contract

Negotiating and litigating landlord/tenant disputes by serving Legal Notice.

 

Our real estate lawyers department has extensive experience in Bangladesh on different types of real estate ventures. Our main specialist areas cover acquisitions and divestments, selling, investments and other real estate and real estate transfers; legal aspects of residential property and landlord issues; landlords’, renters’ and homeowners ‘ privileges; real estate title; resolution of property rights claims; cost-sharing arrangements with investors and shareholders, growth and expansion financing etc.

Team Tahmidur Rahman | Counsels Law Partners additionally draws on the experience of the Business Law Practice in its practice of Real Estate & Construction Law in Bangladesh . We give guidance on organizing land co-speculation or joint venture project, raising capital, setting up a suitable business vehicle and verified loaning. CLP team assure their client rapidly assemble a multi-disciplinary group of experienced business real estate specialists to address a diverse range of real property needs.

 

 

Best Real Estate Law Firm In Dhaka Bangladesh

“For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house.”

 

Land Registration Bangladesh Law Firm In Dhaka 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.

 

Heba Registration Law Firm In Dhaka Bangladesh Tahmidur Rahman Law Firm In Dhaka

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.

 

Heba Registration Law Firm In Dhaka Bangladesh Tahmidur Rahman Law Firm In Dhaka

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

Carpe Noctem Bangladesh

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: tahmidur@counselslaw.com
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

Custom Law Firm In Bangladesh Tahmidur Rahman
Custom Law Firm In Dhaka
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Procedure Of Foreign Investment In Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything You Need To Know In 21St Century

Procedure of Foreign Investment in Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know in 21st century

Procedure of Foreign Investment in Bangladesh 2020| Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know about Foreign Investment in 21st century BangladeshTahmidur Rahman Director and Senior Associate, Counsels Law Partners17 Jan 2020Procedure of...

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.

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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.

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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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Procedure Of Foreign Investment In Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything You Need To Know In 21St Century

Procedure of Foreign Investment in Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know in 21st century

Procedure of Foreign Investment in Bangladesh 2020| Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know about Foreign Investment in 21st century BangladeshTahmidur Rahman Director and Senior Associate, Counsels Law Partners17 Jan 2020Procedure of...

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