Compliance Guide for Property Transactions in Bangladesh

Purchasing a flat in Bangladesh can be a complex and daunting process, requiring meticulous legal due diligence to ensure a smooth and secure transaction. At LegalSeba.com, we offer expert legal services to guide you through every step of your flat purchase, ensuring compliance with all regulatory requirements and protecting your investment. Below is a detailed guide to the key legal aspects you need to consider before purchasing a flat in Bangladesh, and how LegalSeba.com can assist you throughout the process.

The following is a list of essential documents needed for land transactions:

1. 1. All previous deeds from the past 30 years (to establish the chain of ownership)
   2. All updated Khatian/Parcha documents
   3. Mutation Certificate in the seller’s name
   4. Current Land Development Tax receipts
   5. Succession Certificate (if applicable)
   6. Seller’s NID and Tax Clearance Certificate
   7. Mouja Map
   8. Approval from RAJUK or the relevant authority based on the property’s location
   9. Agreement with the Building Society
   10. Building Plan
   11. All the Utility Copies in the name of the Seller (as applicable)

Note: This list is not exhaustive and may vary depending on the specific circumstances of the property.

What Buyers Need to Know/Collect While Purchasing Land/Flat/Building in Bangladesh

1. Collect the original deed or sales document along with the related list of documents.
2. Collect all tax-related documents.
3. Collect Settlement/CS/SA/RS/RU record/survey records.
4. Collect BS/FT/Finalization Settlement/Disputed records.
5. Collect updated maps and verify the boundaries of the purchased plot with the plot in question.
6. Collect tax/transfer certificate (DCR) and obtain a certificate from the City Corporation/Municipality/Union Council and approved plans.
7. Collect appeal and case-related court decrees and High Court judgments.
8. Directly verify the name of the owner in the records of the land/flat/building.
9. Inspect the records directly.
10. Collect documents and reports approved by the local administration/police/court.
11. Collect documents for the power of attorney agreement from the seller.
12. Check if the proposed land/flat/building has defined boundaries.
13. Investigate whether the proposed land/flat/building is associated with any lawsuits. Avoid purchasing properties involved in lawsuits.
14. In metropolitan areas, collect approved plan/design records and relevant documents for land management.
15. Submit an affidavit through a formal application to the local commissioner/councilor/chairman/member.
16. Collect reports on metropolitan land management and verify whether the deed has any issues.
17. Determine whether approval for the house plan is required.
18. If a house plan is required, obtain a report from the city council’s surveyor.
19. Collect a report from the metropolitan area’s architectural association (if a notification is required).
20. Collect reports related to settlement inspection (if a notification is required).
21. Points 1-12 (if notification is required).
22. Obtain agreements completed by the local administration or the relevant authorities (if notification is required).
23. Confirm the further procedures for the purchased land/building (verify that there is no other transaction involved).
24. Investigate the location, registration, and related matters on-site through local administration or relevant authorities.
25. Ensure an accurate and updated investigation report on the specified land or building.
26. Verify all procedures thoroughly while purchasing land or flats/buildings.

1. Title Verification

• Sales Deed Review: LegalSeba.com will assist you in obtaining and thoroughly reviewing the chain of ownership through the Sales Deed (Bia Deed) for at least the past 25 years. This extensive review ensures there are no disputes, legal encumbrances, or hidden issues associated with the property. Our experts will scrutinize each document to confirm the authenticity and legitimacy of the ownership history.
• Khatiyan Verification: Our team will verify the Khatiyan records (C.S., S.A., R.S., B.S./City Jarip) provided by the seller. We ensure that the Khatiyan is certified and printed, not a draft, safeguarding you against any fraudulent claims. This step is crucial in establishing the true ownership and legal standing of the property.

2. Non-Encumbrance Certificate

• Legal Status Check: LegalSeba.com will obtain a non-encumbrance certificate from the relevant Sub-registry office, confirming that the flat is free from any legal encumbrances such as mortgages or leases. This certificate is essential in ensuring that there are no outstanding claims or liabilities on the property, giving you complete peace of mind. This certificate also justifies if there is any outstanding land tax in the name of the property.

3. Mutation Certificate

• Ownership Confirmation: We assist in checking the Mutation Certificate to ensure that the property is correctly registered in the name of the seller in the Land Revenue Office records. This verification step ensures that the seller has the legal right to transfer the property, thereby protecting you from potential legal issues.

4. Building Approvals

• Construction Approvals: Our legal experts will verify that the building has all necessary approvals and permits from local municipal authorities, including the building plan, layout approval, and occupancy certificate. Ensuring that the construction complies with all regulatory norms is vital for a legally sound purchase.
• Environmental Clearance: If applicable, we ensure that the building has obtained the necessary environmental clearances, adhering to all regulatory norms. This step ensures that the property complies with environmental laws and regulations.

5. Seller’s Credentials

• Identity Verification: LegalSeba.com will verify the identity of the seller through their National ID or Passport, ensuring that you are dealing with the rightful owner.
• Authorization Check: If the seller is not the original owner, we will ensure they have the proper authorization, such as a Power of Attorney, preventing any unauthorized transactions. This verification protects you from dealing with fraudulent sellers.

6. Land Use and Zoning Regulations

• Zoning Compliance: We confirm that the land use complies with local zoning regulations and that the property is designated for residential use. This compliance check helps you avoid future legal complications and ensures that the property can be used as intended.

7. Financial Clearances

• Tax Payments: Our team will verify that all property taxes, ground rent, and other dues related to the flat are paid up to date. This step ensures that you will not inherit any outstanding liabilities.
• Utility Payments: We ensure all utility bills (electricity, water, gas) are settled, preventing any outstanding liabilities from affecting your purchase. This verification protects you from unexpected costs after the purchase.

8. Legal Disputes

• Litigation Check: LegalSeba.com performs a comprehensive search to ascertain whether the property is involved in any ongoing legal disputes or litigation, thereby ensuring a clear and uncontested purchase. This procedure is essential to prevent acquiring property with existing legal complications. It is important to ensure that the transaction is absolute and unconditional. Additionally, it is advisable to display a signboard on the property and publish a notice in the local newspaper as proof for future reference, to avoid any potential conflicts with possible stakeholders of the property.

9. Drafting the Agreement

• Sale Agreement: Our experienced lawyers will draft a comprehensive sale agreement outlining all terms and conditions of the sale, including payment terms, delivery of possession, and liabilities. This agreement ensures complete transparency and protection for you, detailing every aspect of the transaction.

10. Registration of the Deed

• Stamp Duty and Registration: LegalSeba.com ensures the Sale Deed is executed on appropriate stamp paper, facilitates the payment of requisite stamp duty, and handles the registration of the deed at the local Sub-registry office. This process ensures legal compliance and secures your ownership rights.

11. Post-Purchase Compliance

• Mutation in Buyer’s Name: After purchasing, we assist in the mutation of the property in the buyer’s name at the Land Revenue Office, updating the ownership records to reflect your new ownership. This step is essential for legal recognition of your ownership.
• Intimation to Society: We help inform the housing society or building management about the change in ownership and complete necessary formalities, ensuring a smooth transition and integration into your new community.

12. Additional Due Diligence

• Verification of Developer’s Credentials: If buying from a developer, LegalSeba.com checks the developer’s reputation, previous projects, and delivery timelines to ensure reliability and credibility. This due diligence helps you avoid dealing with unreliable developers.
• Review of Maintenance Agreements: We review the terms of the maintenance agreement and applicable charges, ensuring you understand all aspects of your investment. This step ensures that you are aware of and agree to the ongoing costs associated with your property.

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