Verifying Property Ownership in Bangladesh: A Comprehensive Legal Guide

Purchasing property in Bangladesh necessitates meticulous due diligence due to the high incidence of ownership disputes and the prevalence of forged documents. To avoid potential litigation and ensure a smooth transaction, prospective buyers must undertake a thorough verification process. The following steps outline a comprehensive approach to checking property ownership in Bangladesh, employing professional legal language for clarity and precision.

1. Collecting Property Information

It is imperative to gather all pertinent information regarding the property. This includes, but is not limited to, the plot (dag) number, khatian number, current possessor, and the holding address. This foundational data is essential for accessing and verifying the official records related to the property.

2. Establishing the Chain of Title

A detailed history of the property must be ascertained. Initially, this can be derived from discussions with the current owner and local residents. This anecdotal history should then be corroborated against the relevant legal documents. Ensuring an unbroken and clear chain of title is crucial to establishing the legitimacy of ownership.

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: This office maintains records of all registered deeds. Verify the deed’s registration and obtain a certified copy for a nominal fee.
• Review Historical Transactions: Conduct a thorough search of records for at least the past ten years to identify any transfers or mortgages. This helps ensure that there are no undisclosed encumbrances on the property.
• Verify Inheritance Deeds: If the property was inherited, check the predecessor’s deed and any Partition Deed (Bonton nama) to confirm the inheritance chain.

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.

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.

6. Verification for Government-Leased Property

A significant portion of urban residential property in Bangladesh is leased from the government, often through agencies such as the Department of Public Works, RAJUK, and CDA. Any transaction involving leased property requires the explicit permission of these agencies. Prospective buyers must verify the records at the relevant government offices to confirm the lease details and ensure compliance with all regulatory requirements.

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 property mentioned in your title deed and Khatian.

8. Building Plan and Approval Verification

For properties with existing structures or for flats/apartments, it is essential to verify the building plan and the approval letter. This ensures that the construction complies with approved plans and adheres to local regulations.

9. Physical Verification of the Property

A personal visit to the property is indispensable. This allows the prospective buyer to identify any on-ground issues related to ownership or possession that might not be apparent from the documentation alone.