In Bangladesh, immovable property holds immense economic and social significance. A small land area accommodating a large and growing population has made land one of the country’s most valuable and contested assets. Yet land transactions remain complex, often burdened by inconsistent legal provisions, bureaucratic obstacles, outdated surveys, and errors in public records. As a consequence, disputes involving title and possession occupy a major portion of civil litigation, sometimes persisting for generations.
However, in recent times government has tried to introduce new policies, laws and rules to ensure overall digitalization of the land related services and have already started providing 10+ services online. Nevertheless, for any purchaser, a clear understanding of the legal framework and documentation requirements is essential to safeguarding ownership and avoiding lengthy disputes.
Even though there are more than 50(+) 1 laws regulating immovable property in Bangladesh, however, the legal foundation governing transfer of immovable property is built primarily on the Registration Act, 1908 (RA 1908) and the Transfer of Property Act, 1882 (TPA 1882). Both statutes mandate that all voluntary transfers of interest in immovable property whether sale, lease beyond one year, gift or exchange must be executed through a registered instrument2 . Without a registered instrument, rights or title in immovable property cannot be created or extinguished in any other way by law3 . Therefore, registration is usually completed at the sub-registry office within the jurisdiction where the property is situated.
Additionally, the Ministry of Land has different authorised system of record of rights (Khatian). These include the Cadastral Survey (C.S.), State Acquisition Survey (S.A.), Revisional Survey (R.S.) and Bangladesh Survey (B.S.), known in Dhaka as the City Survey. Because surveys occur intermittently, the AC (Land) office updates the record of rights between surveys through the mutation process. Registration of a transfer instrument creates legal title, while mutation is the process for updating the record of rights (Khatian) through an administrative process. Payment of land development tax (ground rent), typically made on a Bangla year basis, and further supports evidence of possession.
In addition, many land related services e.g. land development tax4 , land record and map system 5 , payment of DCR 6 , and other fees can be transacted through the online payment gateway and get confirmation of authentication through SMS/e-mail; citizens will get land registration, mutation, deposit and deposit consolidation (record correction) through online one stop service; land ownership/property history available online; information on acquired land, compensation is guaranteed to be received through online payment; availability of online database of rent certificate cases etc.
Due DiligenceWhen evaluating a piece of land, it is essential to examine the rights and title associated with the property. This due-diligence process is crucial because many properties may be subject to ongoing court proceedings or unresolved legal claims, therefore, cannot be transferred without an explicit permission of the court7 . Furthermore, in many instances, a parcel of land may be in the physical possession of one individual while legally registered in the name of another. Therefore, it is essential to verify whether the seller, or the seller’s predecessor in the case of inherited property, is recorded as the rightful owner in the latest Record of Rights (Khatian)8 . Any sale in violation of this provision is void, underscoring the critical importance of updated land records.
The purchaser must review the latest Khatian to verify that the seller or seller’s predecessor is properly recorded as owner of the land. Survey maps, mutation records and receipts for land development tax must also be examined to confirm both title and possession. A 25-year ownership history should be verified through a chain-of-title investigation. It is also prudent to conduct inquiries to ensure that the property is not subject to pending litigation, mortgage, acquisition proceedings or adverse claims. Purchasers frequently issue public notices through newspaper publications or physical notices posted on the land to help identify any undisclosed rights, including potential claims of pre-emption.
Transfer of LandOnce due diligence is complete and the parties agree on the terms, the sale deed is drafted in accordance with the format prescribed under the Registration Rules, 2014. The draft must be prepared either by a licensed deed writer or a lawyer, and the draftsman’s identity must be clearly stated. The deed must include the nature of the property, purchase price, a map with boundaries, and a concise ownership history for the preceding 25 years, and an affidavit by the seller affirming that he holds lawful title and has not previously transferred the property along with the latest Khatian as per law9 . Additionally, a seller’s affidavit must be in the prescribed form to accompany the sale deed 10 .
During registration, the sub-registrar must be presented with the latest khatian reflecting the seller’s name or the predecessor’s name in the case of inheritance. Without this updated record, the registration cannot proceed, as any transfer without compliance with Section 53C of the TPA 1882 is void. The deed must include photographs of both seller and purchaser, and both parties must place their left thumb impressions on the photographs and in the registrar’s records.
In order to register the deed, both buyer and seller, or their legal representative must appear physically before the sub-registrar for execution and admission of the deed 11 . If a party is physically unable to attend, the law allows the registering officer to visit that party’s location to complete the registration12 . Prior to or at the time of registration, statutory fees including stamp duty, registration fees, municipal taxes where applicable, and capital gains tax owed by the seller must be paid. If the seller is a real estate developer, additional VAT and Advance Income Tax may also be payable. Unless the agreement provides otherwise, purchasers typically bear the registration and related transaction costs.
Formalities upon PurchaseFollowing the execution of the registered sale deed, the purchaser must apply for mutation of his or her name at the office of the Assistant Commissioner (Land), commonly known as the AC (Land) Office. Upon transfer of land through a registered deed, the purchaser is required to serve a notice (application) to the AC (Land) Office 13 . This notice must include the details of the transfer along with the prescribed process fee.
The mutation application must be accompanied by all relevant documents, including: certified copy of the registered sale deed, mutation Khatian of the previous owner, updated ground rent payment receipt and any other supporting documents required by the land office. The process of acquiring Mutation has been simplified by the introduction of the online E-Mutation process.14
Upon receiving the notice, the AC (Land) Office will open a mutation file and issue notices to all co-sharers of the holding 15 . The office will then fix a date for submission of objections, if any. If no objection is raised, the AC (Land) Office will update the Record of Rights accordingly. However, if any co-sharer files an objection, the AC (Land) Office will schedule a hearing for all concerned parties. After hearing both sides, the AC (Land) Office will pass an order with reasons, and thereafter update the Record of Rights as appropriate.
Once the mutation process is completed, the purchaser must collect the new Mutation Khatian from the concerned Tahsildar (Tahshil) Office, which is a division of the land administration office. However, in case of online application, the Mutation can be downloaded from the Land Service Portal. The updated Mutation Khatian reflecting the purchaser’s name allows the purchaser to pay ground rent to the land office in his/her own name. The Mutation Khatian, together with the ground rent payment receipts, serves as strong evidence of possession of the transferred property by the purchaser.