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

Tahmidur Rahman, Senior Assoicate, Counsels Law Partners

6 Aug 2019

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.

 

 

 

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)

 

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

Carpe Noctem Bangladesh

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)

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

Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

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 )

 

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.

 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.

“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.

 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.

 

 

“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.”

 

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Subscribe to our Awesome Newsletter.

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