How to File a Land Grabbing Case in Bangladesh
🛡️ How to File a Land Grabbing Case in Bangladesh: Legal Steps, Remedies & TRW’s Expertise
Introduction
Land grabbing is a serious and widespread issue in Bangladesh. Every year, thousands of landowners—especially those without regular possession or documentation—find their properties forcibly occupied by illegal encroachers, politically connected groups, or organized land grabbers. If not handled swiftly, victims of land grabbing risk losing not just land, but inheritance, security, and generational wealth.
TRW Law Firm has represented hundreds of clients in land grabbing cases across Bangladesh. In this detailed guide, we explain how to identify land grabbing, what legal remedies are available, and how you can file a case—civil and criminal—with the help of our expert legal team.
📌 What Is Land Grabbing?
Land grabbing is the illegal occupation of land by someone who has no legal right to possess it. It may occur through:
Physical force or threats
Construction of walls or structures on the land
Use of fake documents to register land
Political or administrative influence to mutate land records
Misuse of Power of Attorney
Taking advantage of absence or ignorance of rightful owners (e.g., NRBs)
👨⚖️ Applicable Laws for Land Grabbing in Bangladesh
TRW Law Firm files cases under the following legal frameworks:
| Law | Relevant Sections | Use |
|---|---|---|
| ✅ Penal Code, 1860 | Sections 441, 447, 379, 420, 468, 506 | Trespass, theft, fraud, forgery, intimidation |
| ✅ Code of Civil Procedure, 1908 | Sections 9, 39, 142, Order 39 | Declaration, possession recovery, injunction |
| ✅ Specific Relief Act, 1877 | Section 8 | Suit for recovery of possession |
| ✅ Constitution of Bangladesh | Article 102 (Writ Jurisdiction) | For illegal administrative action (mutation, registry) |
| ✅ Registration Act, 1908 | For forged or fraudulent deeds | |
| ✅ State Acquisition & Tenancy Act, 1950 | Mutation and land rights regulation |
🧾 Evidence Required Before Filing a Land Grabbing Case
Before taking legal action, TRW recommends compiling the following:
Title Deed (Sale/Gift/Partition)
Record of Rights (CS/SA/RS/BS Khatian)
Mutation Record and DCR
Land tax (Khajna) payment receipts
Mouza Map and plot boundaries
Any photographs or videos of the illegal occupation
Witness statements from neighbors or caretakers
General Diary (GD) or FIR copy (if previously filed)
🚨 Step-by-Step Guide: How to File a Land Grabbing Case
Step 1: Consult a Land Dispute Lawyer
Engage TRW’s experienced property lawyer
Verify documents and identify the nature of the grab
Decide on civil, criminal, or hybrid litigation
Step 2: Lodge a General Diary (GD)
File a GD at the local police station mentioning the illegal occupation
Include time, date, location, names of alleged grabbers (if known)
Step 3: Send a Legal Notice (Optional)
A formal legal notice may be sent to the encroacher, warning them to vacate
Helps create a paper trail before litigation
Step 4: File Civil Suit for Possession Recovery
CPC Section 142: Recovery of Possession
Section 39: Declaration of ownership
Order 39 Rule 1 & 2: Temporary Injunction (Status Quo)
TRW prepares a plaint and submits it in the relevant Joint District Judge Court.
Step 5: Apply for Temporary Injunction
Immediate protection of the land from further trespass or sale
Court may direct the encroacher to maintain status quo or vacate
Step 6: File Criminal Case for Trespass & Forgery
If forgery or force is involved, TRW initiates criminal proceedings under:
Section 447 (Trespass)
Section 420 (Cheating and dishonestly inducing delivery of property)
Section 468 (Forgery for purpose of cheating)
Section 506 (Criminal intimidation)
We file at the Chief Judicial Magistrate Court or Police Station, depending on the case.
Step 7: Mutation Correction (if needed)
If your name was illegally removed from the mutation record:
TRW files an appeal or writ petition
AC Land, Additional Commissioner, or the High Court may be involved
Fake mutations can be cancelled, and original ownership restored
🧠 TRW’s Legal Strategy in Land Grabbing Cases
| Phase | Legal Action |
|---|---|
| ✅ Pre-Litigation | Document collection, legal opinion, evidence compilation |
| ✅ Litigation | Filing civil & criminal cases, seeking injunctions |
| ✅ Protection | Prevent illegal construction, resale or further grabbing |
| ✅ Enforcement | Execute court decrees for recovery or demolition |
| ✅ Mutation | Restore land records, cancel fake mutation |
| ✅ Settlement | If client prefers, we negotiate legal compromise with full protection |
📂 Common Scenarios TRW Handles
| Situation | Our Legal Response |
|---|---|
| ❌ A neighbor constructs on your land | Possession suit + Injunction |
| ❌ A fake deed is used to claim your land | Deed cancellation + criminal case |
| ❌ You inherited land, but others mutated it | Partition suit + mutation challenge |
| ❌ You live abroad and caretakers sold your land | Writ + forgery complaint + recovery |
| ❌ Politically backed grabbers occupy your land | High Court writ + police enforcement |
🏆 TRW Case Study 1: Land Grab in Uttara
Client: A client returned from abroad to find their land occupied and building construction started.
Action Taken:
Filed GD and obtained immediate injunction
Civil suit for possession recovery
Writ filed against Sub-Registrar and AC Land
High Court ordered status quo; later decreed possession to client
🏆 TRW Case Study 2: Forged Gift Deed in Family Property
Client: An elderly woman’s signature was forged on a gift deed transferring her land to a relative.
Action Taken:
Filed criminal complaint under Sections 468 & 420
Suit for deed cancellation and declaration
Handwriting expert appointed by court
Forgery proved and registration declared null & void
📊 Summary Table: Filing Land Grabbing Case
| Step | Action | Purpose |
|---|---|---|
| 1️⃣ | GD at Police Station | Document complaint and preserve rights |
| 2️⃣ | Legal Consultation | Decide best legal remedy |
| 3️⃣ | Civil Suit | Recover land through possession and declaration |
| 4️⃣ | Injunction Petition | Prevent further occupation or construction |
| 5️⃣ | Criminal Case | Punish encroachers and prevent re-offense |
| 6️⃣ | Mutation Appeal | Restore legal land record |
| 7️⃣ | Execution | Physically recover land with court/police help |
💬 FAQs on Land Grabbing Cases
Q1: What is the punishment for land grabbing in Bangladesh?
A: Under the Penal Code, the offender may face imprisonment (up to 7 years) and fines for trespass, forgery, cheating, and criminal intimidation.
Q2: Can I evict land grabbers without going to court?
A: No. Taking the law into your own hands is illegal. You must proceed through legal channels with police or court orders.
Q3: What if the grabber has a fake deed?
A: TRW will file a deed cancellation suit and criminal case. We also obtain expert reports to prove forgery.
Q4: Can NRBs fight land grabbing from abroad?
A: Yes. TRW represents clients with Power of Attorney, and updates them via email/Zoom while handling court processes.
📍 Contact TRW Law Firm Today
If someone has illegally occupied your land—or you fear they might—get immediate legal help. The sooner you act, the stronger your case.
Call Us:
📱 +8801708000660
📱 +8801847220062
📱 +8801708080817
Email:
📧 info@trfirm.com
📧 info@trwbd.com
📧 info@tahmidur.com
Offices:
📍 Dhaka: House 410, Road 29, Mohakhali DOHS
📍 Dubai: Rolex Building, L-12, Sheikh Zayed Road
🏁 Conclusion
Land grabbing destroys livelihoods, inheritance, and peace of mind. But justice is possible—and swift—when you act decisively and with legal precision. TRW Law Firm has successfully helped hundreds of clients file and win land grabbing cases in Bangladesh. Whether through civil litigation, criminal prosecution, or High Court petitions—we are here to protect your property.
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