How to Check Property Ownership in Bangladesh
An Expert Guide by LegalSeba LLP to Secure Your Investment
Why Property Vetting is Essential in Bangladesh
Before buying any property in Bangladesh, verifying ownership is not just advisable—it's necessary. Disputes over property ownership are very common, and documents can be easily forged or unreliable. An incautious buyer might face severe problems, including costly litigation, at a later stage. Checking property ownership in Bangladesh is a laborious job, but this guide from LegalSeba LLP will walk you through the essential steps to protect your investment.
Section 1: Your Step-by-Step Verification Checklist
Follow this systematic process to conduct a thorough investigation into any property's ownership and legal status.
Establish the Chain of Ownership History
The first step is to trace the property's ownership history. Start by collecting all relevant documents from the seller, including the current title deed and all preceding deeds (`Bia Deeds`) for at least the last 25 years. This paper trail must show an unbroken, logical flow of ownership from one person to the next. Cross-reference this history with information from local people and the relevant land offices to ensure consistency.
Verify the Authenticity of the Title Deed(s)
The genuineness of the title deed is paramount. This is done by conducting a search at the Sub-Registry Office (SRO) where the deed was registered. Every registered deed has a corresponding record in the SRO's volume books. You can obtain a certified copy of the original deed for verification. It is crucial to search the SRO records for previous years to uncover any registered mortgages or prior sales of the property.
Check All Relevant Khatians (Records of Rights)
Obtain certified copies of all relevant Khatians (CS, SA, RS, and the latest BS/City Survey) from the AC Land Office or DC Office. The ownership history traced through the deeds must align perfectly with the names and plot details recorded in this sequence of Khatians. Any mismatch is a major red flag that requires a clear, legal explanation.
Confirm the Mutation Khatian (Namjari)
This is the most critical document for verifying the current seller's authority. The Mutation Khatian must be in the seller's name. It proves they are the government's recognized owner for tax purposes and have the legal right to sell the property. A complete mutation record includes the proposal letter, the DCR (Duplicate Carbon Receipt), and the Mutation Khatian itself. Without a valid mutation, a seller cannot legally transfer ownership.
Verify Tax Records and Plan Approvals
Ensure the land development tax (`Khajna`) is paid up to date by checking the latest tax receipts. Unpaid taxes are a liability on the property. For apartments or buildings, you must verify the approved building plan from the relevant authority (e.g., RAJUK, CDA) to ensure the construction is legal and conforms to the approved design.
Conduct a Physical Verification
Finally, visit the property in person. Confirm the boundaries, check for encroachments, and ascertain who is in actual physical possession. Speaking with neighbors can often reveal hidden disputes or issues with ownership or possession. The physical reality must match the paper documents.
Section 2: Documents Required for Vetting by LegalSeba LLP
To begin the vetting process, please provide our team with the following documents. This allows us to conduct a thorough and accurate legal analysis of the property.
1. For Land Document Vetting
Our legal opinion addresses the authenticity of property documents and title by considering all crucial factors.
- Certified or Original Title Deed
- Bia Deeds
- Certified Copy of C.S. Khatian
- Certified Copy of S.A. Khatian
- Certified Copy of R.S. Khatian
- Printed Copy of B.S or Dhaka City Survey Khatian
- Latest Mutation Khatian (with DCR & proposal letter)
- Up to date Land Tax Receipt
- Municipal Tax Receipt
- Non-Encumbrance Certificate (with Government receipt)
- Any other relevant documents
2. For Flat Purchase / Leasehold Property
A legal opinion greatly helps a buyer's investment decision. We facilitate this by ensuring the validity of all relevant documents.
- Lease Deed (for leasehold)
- Certified or Original Title Deed
- Bia Deeds
- Deed of Power of Attorney (registered copy)
- Flat purchase agreement
- Agreement between Developer and land owner (if any)
- Letter of approval of layout/building plan
- Developer’s REHAB Membership details
- All Khatians (C.S, S.A, R.S, B.S/City Survey)
- Latest Mutation Khatian (with DCR & proposal letter)
- Up to date Land & Municipal Tax Receipts
- Non-Encumbrance Certificate (with Government receipt)
- Any other relevant documents
Section 3: Understanding the Legal Framework
A brief overview of the laws and government bodies that govern property transactions in Bangladesh.
The Transfer of Property Act, 1882
The foundational law governing the *act* of transferring property. It defines sale, mortgage, lease, and gift, and sets the conditions for a valid transfer.
The Registration Act, 1908
Makes property transfers legally enforceable and public. It mandates the compulsory registration of most property documents to prevent fraud and provide clear evidence of title.
The State Acquisition and Tenancy Act (SATA), 1950
Reshaped land ownership by making the state the ultimate owner. It's the basis for the modern Record of Rights (Khatian) and the mutation (Namjari) process.
Section 4: A Catalogue of Common Red Flags
Be vigilant. Knowing these common fraudulent practices and their mitigation strategies is your best defense.
Forged Documents
Mitigation: Never accept photocopies. Independently verify every key document at its issuing government office (SRO, AC Land).
Multiple Sales of Same Property
Mitigation: Conduct a search at the SRO for prior sales. Apply for mutation immediately after your deed is registered.
Undisclosed Inheritance Claims
Mitigation: Verify the Succession Certificate (Warishan Sanad) at the issuing office. Make discreet inquiries with neighbors.
Undisclosed Mortgages or Liens
Mitigation: Obtain an up-to-date Non-Encumbrance Certificate (NEC) from the SRO. Make direct inquiries with banks if needed.
