Comprehensive Guide to Khatiyan (Land Records) in Bangladesh

Khatiyan, or Land Record Receipt (LRR), is a crucial document for identifying and establishing land ownership in Bangladesh. Originating from the Persian word for “ledger,” Khatiyan documents provide detailed records of land possession, ownership, and the applicable land development tax. While these documents are vital for land management and legal processes, it is important to note that Khatiyan itself is not a deed of ownership but a record of rights.

Types of Khatiyan

CS Khatiyan (Cadastral Survey Khatiyan)

  • Initiation and Completion: The Cadastral Survey (CS) Khatiyan was initiated in 1888-89 in Ramu Thana of Cox’s Bazar and completed in Dinajpur in 1940 under the Bengal Tenancy Act, 1885.
  • Purpose and Execution: Conducted by the Survey Department, this survey aimed to create a detailed record of land and its owners. However, numerous complaints regarding inaccuracies led to the need for a revision.
  • Challenges and Revisions: Despite the inaccuracies, it took 50 years to conduct a revision, leading to the Revisional Survey (RS) Khatiyan.

RS Khatiyan (Revisional Survey Khatiyan)

  • Format and Structure: The RS Khatiyan is vertically oriented and spans two pages.
  • Header Information: The top section of the first page displays the district name, mouza, and Khatiyan number.
  • Legal Reference: At the bottom of the first page, legal provisions such as “According to Section 105/106/108/109…” are cited.
  • Ownership Details: The second page includes a column labelled “Possessor of north frontier,” with owners grouped by Bengali alphabet characters for easy identification.
  • Purpose and Improvement: Initiated to address inaccuracies in the CS Khatiyan, the RS Khatiyan updates the amount of land, owner’s name, and possessor’s name, making it more reliable.

SA Khatiyan (State Acquisition Survey Khatiyan)

  • Initiation and Period: Conducted under the State Acquisition and Tenancy Act, 1950, the SA Khatiyan, also known as Pakistan Survey (PS), was completed between 1956 and 1964.
  • Nature and Reliability: Unlike field surveys, this Khatiyan was based on information provided by zamindars (landlords) and is not considered accurate.
  • Header Information: The first page includes the district name, mouza, and Khatiyan number, with RS Khatiyan number mentioned above the PS number.
  • Legal Reference: References to legal sections such as “According to Section 49/50/51/52 or 53…” are included.

BS Khatiyan (Bangladesh Survey Khatiyan)

  • Initiation and Period: The Bangladesh Survey (BS) Khatiyan, which started before independence and continued after, was conducted between 1970-1990 under the State Acquisition and Tenancy Act, 1950.
  • Format and Structure: The BS Khatiyan is horizontally oriented and usually comprises a single page, with all relevant columns on the front page.
  • Accuracy and Reliability: As the most current and ongoing survey, the BS Khatiyan is considered the most accurate and reliable record of land ownership.

Contents of Khatiyan

A typical Khatiyan includes:

  • Plot number (partial or complete)
  • Name, father’s name, and address of the owner(s)
  • Details of land portions, total area, class, and nature of the land
  • Location and easement rights
  • Land development tax payable and mode of payment
  • Rights and obligations of tenants and rent-free status, if applicable

 

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You can check the Bangladesh Government Land Records online from the following key website links: a. https: //www.eporcha.gov.bd/ b. https://land.gov.bd/

 

The Importance of Land Mutation (Namjari)

Land mutation, also known as “Namjari,” is a legal process that records a new owner’s name in official property records, replacing that of the previous owner.  It is a process of amending the existing Khatian for the following incidents. Land mutation serves as a critical legal procedure for the following reasons:

  • Updating Ownership Records: Mutation ensures the official records reflect the rightful owner’s name, which is legally binding.
  • Paying Land Taxes: Land tax bills are generated in the name of the recorded owner, making mutation essential to fulfill tax obligations.
  • Establishing Legal Ownership: Mutation provides the new owner with recognized legal rights to the property, which is essential for any future transactions.
  • Obtaining Loans: Financial institutions often require updated ownership records as proof of title before approving loans or mortgages against the land.
  • Avoiding Legal Disputes: Without proper mutation, property ownership can be challenged, leading to disputes and lengthy legal battles.
  • Support Smooth Property Transactions: Updated records facilitate legal property transactions by verifying ownership, ensuring the correct parties are involved in sales, transfers, or mortgages.

In summary, land mutation (Namjari) in Bangladesh is a vital legal process that solidifies property ownership, protects against future claims, and ensures compliance with land laws. It is essential for anyone buying, inheriting, gifting, or exchanging property, as well as for those involved in land development or partition. Proper mutation not only secures legal rights but also facilitates smooth property management and transactions.

•Ensure Compliance with Tax Requirements: Accurate mutation records allow for transparent land tax payments, helping you avoid penalties or issues related to tax collection.

 

Importance and Legal Relevance

Record of Rights

Khatiyan documents are essential for identifying and verifying land possession, assessing land development tax, and understanding land rights. However, they must be corroborated with title deeds and other legal documents for any legal claims or transactions.

Legal Validity

References to specific sections of legal acts within each Khatiyan type underscore their importance in legal contexts, ensuring alignment with prevailing laws and regulations, thereby enhancing their credibility and reliability.

Continuity and Updates

The inclusion of previous survey references (e.g., RS numbers in PS Khatiyan) ensures continuity in record-keeping and facilitates tracking historical changes in land ownership and usage.

Challenges and Best Practices

Inconsistencies and Updates

Maintaining the accuracy and currency of Khatiyan documents is a significant challenge. Periodic surveys and mutations are essential to reflect the true state of land ownership and usage.

Legal Disputes

Given that Khatiyan records are often used in legal disputes over land, ensuring their authenticity and alignment with actual ground realities is paramount. Regular audits and cross-verifications with physical surveys can mitigate discrepancies.

Integrated Record System

An integrated land record management system, combining various types of Khatiyan with other legal documents, can enhance the robustness and reliability of land records.

Conclusion

Khatiyan documents—CS, RS, SA, and BS—are integral to land management and legal processes in Bangladesh. Understanding their structure, legal references and practical implications can significantly aid in navigating the complexities of land ownership and rights. By ensuring these records are accurate, up-to-date, and legally compliant, stakeholders can minimize disputes and foster a more transparent land management system. For more detailed guidance, refer to government resources such as the Ministry of Land of Bangladesh.

 

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