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.

Tahmidur Rahman, Senior Associate, Counsels Law Partners

25 November 2019

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.

 

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] 

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. 

 

 

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. 

 

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.

 

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

 

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