How to Check the Property Ownership in Bangladesh: A Complete Legal Guide

When purchasing property in Bangladesh, due diligence is indispensable. With a high incidence of ownership disputes and fraudulent documentation, a thorough verification process is crucial to secure an undisputed property title. This guide outlines the essential steps to verify property ownership, detailing each aspect with precision and legal rigour.

1. Collecting Property Information

The first step in verifying property ownership is to gather all essential information about the property in question. This includes the plot (dag) number, Khaitan number, the name of the current possessor, and the precise holding address. These foundational details are necessary to access the official records and cross-check the legitimacy of ownership. Obtaining these details upfront will facilitate subsequent checks with various governmental and local offices.

2. Establishing the Chain of Title

A complete history of ownership, or “chain of title,” is critical in establishing a property’s legal validity. Begin by reviewing information provided by the current owner and consulting local residents for anecdotal evidence about the property’s past. This preliminary history must then be rigorously checked against all available legal documents to confirm an unbroken line of ownership. Each transfer of title must be legally documented and free from gaps or irregularities, as even minor discrepancies can lead to costly litigation.

3. Authenticity of the Title Deed(s)

The title deed is the most critical document in property transactions. To verify its authenticity:

• Conduct a Search at the Sub Registry Office: The Sub Registry Office maintains a record of all registered deeds. By cross-referencing the deed number, registration date, and other details, you can confirm whether the deed is genuine and obtain a certified copy with fees and disbursements.
• Review Historical Transactions: Conduct a comprehensive search of records spanning at least the past ten years. This will reveal any previous transfers or mortgages, ensuring there are no undisclosed encumbrances on the property. To establish a more robust title history, a review of records extending up to 25 years is advisable.
• Verify Inheritance Deeds: If the property is inherited, verify any related deeds, including Partition Deeds (Bonton Nama), to confirm the chain of inheritance. The absence of clear, uncontested inheritance documentation can render the property susceptible to future claims by heirs.

A comprehensive search of records spanning at least the previous 25 years should be conducted at the Sub Registry Office to uncover any transfers or mortgages associated with the property.

Emphasize the importance of rigorous due diligence by detailing the process of examining land records to confirm there are no encumbrances, disputes, or liens on the property. This includes verifying the legitimacy of the seller, and current property tax status and tracing the chain of ownership to ensure a clear title. Additionally, assess any potential possession disputes to prevent claims that may arise after the purchase. This thorough deed verification process is essential for ensuring there are no liens, encumbrances, or other claims on the property.

To learn more about legal due diligence for land sales and purchases, please visit:

Flat Purchase Legal Compliance in Bangladesh – A Comprehensive Guide→

Land Measurement System in Bangladesh →
Verifying Property Ownership in Bangladesh – Comprehensive Guide →
Different Types of Khatiyan in Bangladesh →

How to Verify Land Title Deed in Bangladesh →

Land Mutation (Namjari) Process in Bangladesh

4. Verification of Khatian/Porcha

Khatian or Porcha documents are vital for verifying land ownership. These documents can be obtained from:

• Local Land (Tohosil) Office
• Deputy Commissioner’s Office (DC Office)

Steps to verify these documents include:

• Obtain Certified Copies: Request certified copies of all relevant Khatian/Porcha records.
• Check Ownership Consistency: Ensure that the name on the Khatian matches the name on the title deed and other historical documents. Any inconsistencies should be thoroughly explained and documented.
• To know more about different types of Khatian in Bangladesh, visit here → 

5. Checking the Mutation Khatian

If the current owner’s name is absent from the latest Khatian/Porcha, it is mandatory to mutate the owner’s name in place of the previous owner.

Mutation of the Khatian is necessary when ownership is transferred. This involves:

• Mutation Proposal Letter (Namjari Jomavag Prostabpotro)
• Duplicate Carbon Receipt (DCR)
• Mutation Khatian: The updated land record showing the new owner’s name.

Ownership transfer is not legally permissible without proper mutation and updated land tax clearance. To know more about the land mutation process, visit here →

6. Verification for Government-Leased Property

Many properties in urban Bangladesh, especially in Dhaka and Chittagong, are leased from government bodies such as the Department of Public Works, RAJUK, or CDA. In these cases, ensure that the lease terms are compliant with regulations, and verify that the necessary permissions for property transfer have been granted by the respective government agency.

7. Land Tax Records

The payment status of land tax (Khajna) must be verified. Non-payment of land tax can result in the government reclaiming the property. Ensuring that all land taxes are current is a crucial aspect of due diligence.

• Check Khajna Records: All the land taxes should be paid up to date following the Bangla Calander Years. Make sure your type of land is aligned with the nature of the property mentioned in your title deed and Khatian. Any arrears should be cleared by the seller before the purchase is finalized.

8. Building Plan and Approval Verification

For properties with structures, including flats and apartments, verifying the building plan and approval documents is essential. Ensure that the building adheres to local zoning laws and regulations. This is crucial for preventing issues related to unauthorized construction and for future resale or development plans.

9. Physical Verification of the Property

Finally, a personal visit to the property is necessary. This inspection allows you to verify whether the actual property corresponds to the information provided in the legal documents. Physical verification also provides an opportunity to check for any possession disputes or unregistered tenants that may pose issues post-purchase.

Essential Documentation for the Legal Due Diligence
Find a probable  checklist of the essential documents required in land transactions as follows:

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. Buyer’s NID and Tax Clearance Certificate
   8. Mouja Map
   9. Approval from RAJUK or the relevant authority based on the property’s location
   10. Agreement with the Building Society
   11. Building Plan
   12. All the Utility Copies in the name of the Seller (as applicable)
   13. Any other documents as shall be pertinent in the process