Many encounter unexpected problems when purchasing land in Bangladesh. People who invest their total hard-earned cash or life savings sometimes discover the property is mortgaged or sometimes the seller’s legal inheritance doesn’t match the land being sold. Multiple sales of the same property, fraudulent documents, and misrepresentation of land plots are common issues. Buyers and sellers alike fall victim to legal loopholes. Thorough due diligence is crucial to avoid financial loss and legal entanglements. 

Even though buying land in Bangladesh can be a complex process, but with careful planning and due diligence, you can make an informed decision. This article outlines ten essential considerations to help you navigate the process and ensure a smooth and successful land purchase.

Land purchase in bangladesh 10 key considerations

1. Document Collection: Detailed documentation is the foundation for verifying legal ownership. The chain of ownership for a minimum 25 years. This can be checked by taking into account the Bia deeds mentioned in the Title deed through which the seller claims ownership. Obtain copies of all land-related documents from the seller, including:

• prior sale deeds (baya dalils), 
• mutation khatians, 
• recent tax receipts. 
• CS, 
• RS, 
• BS, 
• and Dhaka City Survey Khatians, 

2. Ownership Verification: Meticulously compare the CS, SA, RS, BS, and Dhaka City Survey Khatians for consistency in district, mouza, thana, and plot numbers. Remember: Each map contains unique Plot numbers for a particular area. Each map should correspond with each other. If you find any discrepancies, compare relevant survey maps. Verify ownership from certified copies of the khatians from the land record room. Also, trace ownership transfers through sub-registry office searches. 
3. Inheritance and Partition: When the land is owned by co-owners and it has been partitioned among co-owners, they usually don’t have enough documents. If any verbal agreement exists, proceed cautiously and only purchase the seller’s rightful share according to Islamic inheritance laws (Faraiz).
4. Prior Sale Deeds (Baya Dalils): Verify the validity of all prior sale deeds leading to the current seller’s ownership. Obtain certified copies from the registry and land offices for in-depth analysis. Pay close attention to the chain of ownership.
5. Government Land Verification: Confirm that the land is not government-owned (khas), abandoned, enemy property, or subject to acquisition by the government. This step is crucial to avoid legal complications.
6. Seller’s Legal Capacity: Ensure the seller has the legal right to sell the land. Special attention should be given to cases involving minors or legally incapacitated individuals, as court-appointed guardians may be required.
7. Preemption Notice: Notify all adjacent landowners before purchase to mitigate the risk of preemption lawsuits. This proactive approach can prevent future legal disputes.
8. Mortgages and Power of Attorney Checks: Investigate for any existing mortgages or power of attorney agreements related to the land. Also, inquire about any pending or resolved legal cases concerning the property.
9. On-Site Physical Verification: Verify the land’s location, boundaries, and physical attributes on-site using the relevant survey maps (CS, RS, BS, Dhaka City Survey). This ensures that the land being sold matches the documentation.
10. Possession and Access Rights: Determine who currently possesses the land and if there are any access or right-of-way restrictions. Clarify any potential disputes regarding possession or access before finalizing the purchase.

Document Preparation and Registration:

Prepare the sale deed with meticulous care, adhering to the current legal format (since July 2005). Consult with experts in land law, Heba law, and registration law. Retain a certified copy of the registered deed and promptly obtain the original.

It is advisable to seek legal counsel from a qualified lawyer specializing in land law before making any final decisions. A lawyer can help you navigate the complexities of land ownership in Bangladesh and ensure that your interests are protected.

Check our – Personal and Family Legal Services Guide for many more legal guides.