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

Tahmidur Rahman, Associate, Counsels Law Partners
LLB. Bsc CSE

10 January, 2020

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.)

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.

 

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.

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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.

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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