In our country, the distribution of the property left by the parents almost always creates a problem between the heirs. But Islam has a clear idea about the law of inheritance distribution. So, let’s know the detailed information about the correct rules for the distribution of inherited property in Muslim Inheritance Law.

Nowadays, distribution of inheritance assets does not have to be a hassle anymore. Because if you have a smartphone in your hand then you can calculate the distribution of any land in just 1 minute. 

The government of Bangladesh has launched the Uttoradhikar app, which allows land to be distributed or divided with one click.

Install the app from Google Play-Store: play.google.com/store/apps/details?id=com.landcalculation

Then open the app. Then enter the number of heirs. Now enter the amount of land and click on the result button. Then the amount of property that each person will get will be calculated. 

In this way, you can divide the property according to Muslim distribution law among the heirs of any property in just 1 minute.

Land registration

Many people in Bangladesh do not know much about land law. As a result, they were subjected to various types of fraud and harassment regarding land. Land registration is very important.  As per the Registration Act 2004 (Amendment)  , registration of almost all documents is mandatory.

Disputes over ownership can be avoided if deeds are registered according to law  .  Besides, if the land is registered,  it becomes easier to sell, donate, bequeath later.  The sale deed of immovable property must be in writing.

Bangladesh land registration law and how to register land

Many people in Bangladesh do not know much about land law. As a result, they were subjected to various types of fraud and harassment regarding land. Land registration is very important.  As per the Registration Act 2004 (Amendment)  , registration of almost all documents is mandatory.

Disputes over ownership can be avoided if deeds are registered according to law  .  Besides, if the land is registered,  it becomes easier to sell, donate, bequeath later.  The sale deed of immovable property must be in writing. Here we will discuss land registration in detail today. 

Details of Land Registration Organization in Bangladesh – Inspector General, Registrar and Sub-Registrar

Laws of Ministry of Lands

There is an Inspector General in Bangladesh to properly review the activities of land registration  .  For the last few years, the government has been appointing District Judge level officers as Inspector General. Under the Inspector General  are registrars and sub-registrars.

The Government divided the whole country into Districts and Upazilas for the convenience of registration work and notified these divisions in the Gazette. Moreover, the government has the power to change it.

In all these areas the Government appoints Registrar and Sub-Registrar. The government has established the offices of Inspector General of Registration, Registrar and Sub-Registrar to carry out the work of registration.

Besides, the Government may appoint the Inspector of the Registration Office as per jurisdiction. If the Registrar is absent or his post is vacant, the District Judge can perform his duties. Any person appointed by the Registrar may act as Sub-Registrar in the absence or vacancy of the Sub-Registrar.

The Government shall provide fireproof boxes in every registration office and take appropriate measures for the safe storage of records relating to the registration of deeds.

In the case of land registration, any document must be registered

Now let’s see, some documents must be registered. A few basic provisions need to be noted in this context.

 The law has made it clear which class of documents have to be registered .  Documents which are required by law to be registered do not prove any exchange unless they are registered.

Suppose, Wahid sold his land to Sabet for five lakh taka. The document was properly written but not registered. By this  unregistered deed Sabet  acquires no title over the deeded land.

Deed of donation of immovable property must be registered. However, a Muslim in Bangladesh can donate his immovable property under Islamic law and does not require registry of deeds. But if any document has to be written for donation, it has to be registered.

Almost all documents relating to immovable property valued at one hundred rupees or more must be registered. A document creating, declaring, varying, granting, limiting and extinguishing any right or asset or any other interest in immovable property must be registered.  But this provision is not applicable in case of will.

Rights or interests in property can be created through various types of documents. Property can be acquired by way of purchase, mortgage, lease, exchange etc. and thus ownership must be acquired through a registered deed. A document by which title is declared or impaired or destroyed, must be registered.

The receipt by which any title or right is created, declared, extinguished, transferred or extinguished shall also be registered.

Lease Deed Registry

The lease deed which confers immediate possession of the leased property on the lessee, if the lease is for a term exceeding one year or the lease is subject to annual rent, must be registered.

Otherwise,  it is not mandatory to register the lease deed.  If the lease is for less than one year then no registry document is required. If the lease is for a period exceeding one year and the deed is not registered, the lease will not be invalid. In that case, the lease will be deemed to be  for one year or one month.

If the decree or decree of the court creating or extinguishing any right is to be transferred, it must be registered.

In all cases where deed registration is required, deed registration must be done. In all cases where the registration of the document is not necessary, the registration of the document can be done without any increase in loss.

If there are deletions or changes in the document,  it must be signed by the person executing the document; Otherwise, the registering officer will refuse to register the document.

Land Registration Act: Description of property in deeds

A deed creates or extinguishes a right or title in property. Therefore the deed by which this creation and bereavement takes place should contain identifiable details of the property concerned.

Otherwise it may not be accepted for registration.

Suppose Mr. Hafiz wanted to sell his house in the city.  The identifiable details of this house should be written in the document. First,  the identity of the house on which street in the city should be written. Enter the house number. Write who or who is at the north of the house. Write down who lived in the house earlier.

If Hafiz wants to sell the land of his village, in that case he has to write the dag and khatian, mouza, district etc. of that land. Who used to occupy that land in the past should also be written.

Land Registration Act in Bangladesh: What is execution of deed? How many days to register the document  ?

 Generally, the document must be filed with the registering officer for registration within four (4) months from the date on which the document was executed  .

And if the document is delayed for more than four months, it is not accepted for registration. You need to understand what editing means in this context. Hafiz will sell one of his lands at the deed price.  Hafiz  told the deed writer the details of his land, details of the buyer, identity of his ownership, amount of value etc. The document was written.

Hafiz Sahib was read and heard. He realized that the document was written correctly and signed each page. This signature has been executed.

When all these tasks are completed, signing is called execution. The date given at the time of execution is deemed to be the date of execution. 

 Execution of document by multiple persons

There may be situations where a document is executed by more than one person. In that case every execution has to be filed with the Registry of Deeds within four months.

If, due to unavoidable reasons, the document is not filed for registration within the prescribed period, an application can be made to the Registrar and the Registrar   can order the registry  with a fine of up to ten times the registration fee if the delay does not exceed four months. If an application is made to the Sub-Registrar to condone this delay,  he will forward it to his Registrar.

Execution of land registration documents outside Bangladesh

If any document is executed outside Bangladesh, then the document must be submitted within four months of its arrival in the country.

The registering officer can verify the accuracy of the date of arrival of the document in the country and register it on payment of appropriate fee. A will can be filed with the registry at any time, without any delay.

In which office the Registry of Deeds shall be:

This time we will see the document to which office to submit for land registration. Deeds are to be filed for registry at the sub-registry office in which the property is located. It can also be filed at the sub-registry office where the property is located. However, if the deed is registered in the sub-registry office in which the property is not located in the sub-registry office, the party to the deed cannot raise any question.

Land Registration Act in Bangladesh: Who will register the land? How to execute Am-Moktarnama?

Now let’s see, where can you submit the document for land registration. The person who executed the deed or the claimant of the deed or their representative or Am-Moktarnama deed can file the deed.

He who is a resident of the district or upazila shall execute the probate in that district or upazila: If he resides outside Bangladesh, he shall execute the probate before a notary public.

If a person  fails to appear before the sub-registry or the registrar or notary public, the registrar , sub-registrar or notary public can collect the affidavit even in his absence. Am-Moktarnama thus executed can be accepted only by the Registering Officers.

If the executor or legal representative of any document does not file the document for registration in the Registry Office within four months of the execution thereof, the registering officer shall not register it under this Act.

Provided, however, that if the executor can show a valid reason for not registering the document within the said period or if he can satisfy the registrar, the registering officer can register the said document subject to payment of the prescribed penalty.

Before registering a document, the registering officer is empowered to inquire whether the said document has been executed by a real person, or whether such power has actually been given to a nominated person.

Provided, however, that these provisions shall not apply to copies of decrees or decrees.

If the executor or executors appear in person at the Registry Office and acknowledge that the deed has been executed by him or them, the Registry Officer shall register the said deed.

The registering  officer cannot vouch for the validity or accuracy of the document  . Because the registry officer does not have the power to determine this. The Registry Officer will only notice and inquire whether the said document has been executed by a competent person. If duly executed he shall register it, otherwise not.

 If the executors (by whom the document is required to be executed) refuse to execute the said document or if the executors are incapacitated or dead, the Registry Officer may refuse to register it.

If any claimant (of the document) wants any other person to appear or testify, then that person can ask the officer or the court to issue a summons in this regard.

If the court deems it necessary  or if the officer deems it necessary, the notice shall be given stating the date or time of appearance in the office along with the name and address of the concerned person. If any person is physically ill or under civil or criminal arrest or is otherwise exempted from appearing in person, the court or office shall go to such person and take the deposition or appoint a commission to take the deposition.

When a commission is appointed to examine a person, registration cannot be made on the basis of submission of documents, until the commission gives a report on the person concerned.

If a document is not registered, it will be effective from the time it would have been effective even if it is registered, that is, in short, a document will be effective from the date of execution of the document, not from the date of its registration. Provided, however, that this provision shall not apply if the registration of any document is invalid.

If a vendor transfers the same property to more than one person through valid land registration, the earlier of the two documents executed shall prevail.

According to section 77 , if a case is to be filed, the refusal must be done within 30 days of the order. No minor can sue under this section after 30 days. In the judgment of such a case, if the court orders to register the said document, it should be registered according to the Registration Act.

If any sub-registrar in Bangladesh rejects land registration

If the sub-registrar refuses to register a document for any reason other than non-execution, an appeal may be made against the order to his superior registrar within 30 days of the said order.

If the sub-registrar refuses to register a document on the ground of non-compliance, no appeal shall lie against the order. On appeal to the Registrar,  the Registrar may modify the order appealed against.

If the registrar directs that the said document be registered then it has to be submitted to the sub-registrar for registration within 30 days of giving the said direction.

If the said document is submitted for registration in the Sub-Registry Office within thirty days, the Sub-Registry shall register the said document under this Act.

If the sub-registrar refuses to register the document due to non-compliance (execution) by the executor of a document, the aggrieved person can apply.

But he cannot appeal. In the absence of the claimant or his legal representative can apply. A minor Hindu wife can be petitioned by her husband.

A copy of the reason for the rejection should be attached with the application and the application should be certified as requested. In this case the application form will be considered as RG and the deadline is 30 days. That is, the application under this section must be made within 30 days from the date of the order.

If the registrar is satisfied that the said document has been duly executed and all the necessary procedures have been followed, he will order the registration of the said document.

 If the claimant submits it to the sub-registry office for land registration within 30 days after receiving the said  direction, the sub-registrar will register it.

It shall be deemed to be a legally valid land registration and shall be deemed to have been registered from the date on which it was first submitted for registration.

If the Registrar refuses to register a document for any reason other than the fact that the property concerned is not situated in his district or the document will be registered by another Sub-Registrar or if he refuses to register any document under Sections 72 and 75 of this Act, he shall record the reasons for the said order in Book No. 2 shall and as soon as practicable furnish a copy of the said reason to the claimant.

However, land registration provides that no appeal shall lie against any order of the registrar. When a registrar refuses to order the registration of a document in accordance with Sections 72 and 76 of this Act, the claimant or legal representative of the said document may file a case in the civil court against the said order within 30 days of the order of refusal.

The filing of a suit in a civil court to compel the registration of a document is not an operation of this Act. Provided that, when the registrar refuses to register under section 72, a civil suit can be filed under section 77 only in that case. A suit cannot be filed in a civil court independently under section 77.

Refusal to register any document by sub-registrar and registrar is prerequisite to civil suit under section 77.

Important Provisions of the New Act on Registration of Deeds

Subject of registered document:  

In order to reduce fraud related to land transfer, to stop multiple sales of the same land and to reduce land litigation, the government in four laws related to land registration (The Registration Act 1908, The Transfer of Property Act 1882, The Specific Relief Act 1877, The Limitation Act 1908 ) made some age-appropriate corrections.

The new regulations came into effect from July 2005. Important revisions are mentioned below:

(1) In the case of land registration the following documents must be registered otherwise they will not be accepted

• (a) Heba Deed under Muslim Family Law.
• (b) Mortgage deed executed under the Transfer of Property Act.
• (c) Deed of partition of immovable property between partners or heirs.
• (d) Deed of Transfer of Property – This must be in writing and registered within 30 days of execution. However, the statement executed before 1 July 2005 must be registered by 31 December 2005.

(2) Registration must be done within 3 months of the execution of the document.

(3) In cases other than inheritance, the seller must be named in the last published deed. If necessary, the seller’s name should be included in the khatian by means of a nomenclature. Otherwise, even if the land is transferred, it will be cancelled.

(4) In the case of sale of inherited land, the name of the vendor or the heir of the vendor shall be in the Khatian.

(5) The document shall be duly filled in the columns of the form prescribed by the Government. Execution of document without said format will not be valid.

(6) Photographs of both buyer and seller of the deed should be attached and thumb impression of the left hand should be given.

(7) The deed shall contain description of the nature of the land, market value, length, breadth and boundaries of the land.

(8) Atleast 25 years previous short history of ownership should be mentioned below deed number and date etc.

(9) The deed executed by the transferor/seller shall affidavit to the effect that he is the legal owner of the said land and has not previously transferred/sold the said land elsewhere.

(10) No leased immovable property shall be transferable unless the lease is legally rescinded, which shall be void.

(11) Every affidavit shall specify its duration. But if no period is specified it will be valid for 6 months from the date of execution.

(12) The mortgaged property shall not be sold, transferred or re-mortgaged without the written consent of the mortgagor.

(13) According to Muslim law, the registration fee in case of property or document between husband and wife, between parents and children, between grandparents and grandchildren, between brothers, between brothers and sisters, between brothers and sisters shall be one hundred rupees only.

(14) According to the Tamadi Act the period of Tamadi has been reduced to 1 (one) year instead of 3 (three) years.

Method of writing share of land:

It is common practice to write the owner’s portion of the land in various forms (units) in land records or khatians and transfer deed schedules, such as ana, kara, kranti, ganda etc. Presently the unit is written in the modern system i.e. thousands (with decimals). 

Four laws related to government registration (The Registration Act 1908, The Transfer of Property Act 1882, The Specific Relief Act 1877, The Limitation Act 1908) with the aim of reducing land transfer fraud, multiple sales of the same land, and land litigation.   Some age appropriate corrections have been made.

To pay land development tax online visit ldtax.gov.bd

Father’s property division rule 2024 Distribution of Father’s Property Act Bangladesh 2024

In our society there is no end of discussion about the rules of division of father’s property. In particular, girls are deprived of their father’s property. In many places, father’s property is forcibly taken from the daughter. 

But Almighty Allah taught the law of distribution of father’s property in the Holy Quran 14 years ago. But we deprive our own daughter/sister of property without obeying Allah’s law of property distribution. 

In Bangladesh, paternal property distribution laws are mainly distributed according to Muslim inheritance laws. If the father has one son and one daughter then the ratio of wealth is 2:1. That is, the girl will get 1/2 of what the boy gets. 

If the father has only one son and more than one daughter then the daughters will get 1/2 share of the son. That is, girls will get half the share of boys. 

It will be the same if the father has more than one son and one or more daughters. The daughter/daughters will get 1/2 share of the son’s share. 

Rules of division of father’s property if there is no son

If there is no male child then there is no end of trouble regarding the division of the father’s property. However, Islam has given a very simple solution for this. 

If the father has a daughter (no son) then the daughter will get half of the father’s property. And if there are more than one girl child then 2 thirds of the relationship will be girls. And the rest will be inherited.

Warish – The heir

When it comes to property distribution, the word “Warish” or inheritance comes into play. Generally, those who have rights or rights in the property of a person are the heirs of the said property.

In our country, there is no end of complications in everything from distribution of inheritance property. This is because we do not have a proper understanding of the inheritance property. 

Especially hard work to register the inheritance property. But if the right rules are known, naming the inheritance is not a problem. So let’s  know  the rules for naming inheritance property .

Rules for registration of inheritance property

Earlier it was difficult to register inheritance but now it is a very easy procedure. Because the inheritance property can now be registered at home. Besides, if you wish, you can also apply for registration at the Upazila Land Office. 

So contact your upazila land office to register the property. Then complete the application process by submitting the required documents and application fee. 

A separate application has to be made for each person while registering the inheritance property. That is, if there are 5 heirs of a property, then 5 people will apply 5 separately. 

What does it take to register the inheritance?

The most important documents to dispose of the inheritance are the documents required. Because without proper documents it will not be possible to dismiss the inherited property. Following is the list of what it takes to dispose of the inheritance:

• Copy of death registration certificate and photocopy of voter ID card of the deceased.
• Copy of the latest record or khatian of the property. 
• Original property document.
• Inheritance certificate from Union Parishad/Municipality/City Corporation.
• Photocopy of voter ID card or online birth registration of each heir.
• 1 copy of recent passport size color photograph of the heirs.

Currently, only the above documents are required to dismiss the inheritance property. Also collect other documents if required which is time consuming.

How much does it cost to register inheritance? 

The cost of registering or disposing of inherited property is fixed by the government. Bangladesh government has fixed the nominal application fee. In the year 2024, the total cost of naming the inheritance property is 1,170 taka. 

How long does it take to register inheritance? 

It takes up to 28 days to register the inheritance. Generally, the inheritance is settled within 28 days of the rejection or naming application. 

Who will be the heirs of a person? 

Disputes are often seen among the heirs regarding the distribution of the property of the deceased. Because the main problem arises with who will be the heirs of the deceased person’s property. So you can check the list of who will get the property of the deceased person. 

• the father
• the mother
• Swami 
• the wife
• girl 
• grandfather
• son’s daughter 
• grandmother or grandmother
• your sister
• step sister
• step brother

According to Muslim family law, a person’s property will be inherited by the persons mentioned above. This will only apply to Muslim inheritance. Hindu inheritance law is completely different. 

At present, additional money is being collected for registration in many areas apart from the government fixed fee. So never try to pay extra money to register inheritance property. 

What is ” Namjari “  ? In case of new owner of the land by purchase/inheritance or any other means, the process of registering the name of the new owner in the official register is called Namjari. 

What is ” dismissal of deposit “ ? Dismissal of joint deposit and creation of new khatani by dividing joint deposit. In other words, creation of new holding or khatian by taking some land portion from the original khatian is called Jama harij.  What is ” Khatian ” ? The description of land owner’s ownership prepared during land survey is called “thatian”. Khatian is prepared based on Mauza. CS, RS, SA and CT surveys have been completed in our country. During these surveys the information of land owner is prepared called “Khatian”. Like CS Khatian, RS Khatian.

What is “Papercha” called?
During the land survey, the copy of the draft khatian given to the land owners before the final khatian is prepared is called “Math Parcha”. After this field slip is attested or verified by the Revenue/Revenue Officer, if any objection is raised, the certificate is issued finally after hearing it. And finally the copy of Khatian is called “Papercha”.

Mouza
When the CS survey is conducted, one or more villages, unions, paras, mahallas are divided into different units and marked with serial numbers. And each of these divided units is called Mauza.

Schedule
The detailed description that identifies the land is called “Schedule”. In the schedule, information such as Mauza name, number, Khatiar number, Daag number, boundary of land, amount of land etc. is inserted.

Spot
When the survey map is prepared, each parcel of land is given a separate number to mark or identify the boundaries of the land on the Mauza map. And this number is called spot number. Each spot number can have a different amount of land. Basically, the land owner’s boundary under a mauzah is marked by a khutin or aisle according to the dag number. 

Spotting
During the land survey, the number given to each land unit of the design during initial design preparation or revision is called a spot if any number is forgotten. Again, if the design is revised by combining two spots at the initial stage, then the spot number that is omitted is also called a running spot.

Khanapuri
The process of filling each column of the Khatian form by the Survey Officer during the preparation of Khatian after preparing Mauza Naksha during the survey is called Khanapuri. 

Amin
Amin is the name given to the employee who prepares maps and maps through land survey and engages in land survey work.

Kistwar
Kistwar is the method of preparing the plan by drawing the actual geographical map of the land accurately segmented by running the chain on the sikmi line after preparing the quadrangle and morbamba during the land survey.

Khajna (Rent)
The tax collected by the government from the citizens for the use of land on an annual basis is called Khajna.

Dakhila
Land tax/rent receipt in the specified form (Form No. 1077) is called Dakhila. 

DCR
The receipt in the prescribed form (Form No. 222) issued after the collection of government dues other than land tax is called DCR.

Acceptance
Acceptance of the government’s proposal to settle the land to the farmer is the acceptance of the letter of promise to pay the rent is called kabuliyat.

Farayez
The rules and process of distributing the property of a deceased person according to Islamic law is called Faraiz.

Warish
Warish means heir. According to religious law, if a person dies intestate, the person or persons among his wife, children or near relatives who are qualified to own the property left by him are called heirs. 

Sikasti
The land that gets absorbed by the river due to the erosion of the river is called silt. If the sikanti land is vested within 30 years then the person who was the owner of the land before the sikanti or his heirs will be entitled to the ownership of the said land subject to conditions.

Paynti
The creation of land by alluvial soil from the river bed is called Paynti.

Document
Any written statement admissible as legal evidence is called a document. However, according to the provisions of the Registration Act, the contract executed and registered by the land buyer and seller to transfer the property is known as a deed.

Rules for checking Namjari Khatian

If you have already applied for Namjari then you can know whether your application has been approved by checking Namjari Khatian. In today’s post, you will know how to search for Namjari Khatian, how to find Namjari Khatian online and how to check Namjari Khatian online. 

Within 28 days of filing the Namzari application, the application is disposed of and ownership of the land is transferred. So check Namjari Khatian online to know the latest application status.

What you need to check Namjari Khatian

• Namjari Khatian No
• Type of examination
• Division, District, Upazila and Mouza

Rules for checking Namjari Khatian

 Visit eporcha.gov.bd website to check Namjari Khatian online. Then select Namjari Khatian option.

Check Namjari Khatian online

• First of all visit eporcha.gov.bd website then select Namjari Khatian option;
• Now select the correct category of land > District > Upazila;
• Select Khatian type and Mouza;
• After that click on search button by Khatian number and verify Namjari Khatian.

Check land records online in 1 minute

You can know where and how much land is in your name by checking the land records. Long years ago one had to visit the land office to check the land records. But thanks to technology, now you can check land records online. Let’s go into details about this.

Verify the land records which will require

Retrieving any land record online will require owner information and some information about the land. 

To say the information of the owner of the land, the name of the owner, his department, district, upazila, mauza will be required. And among the land information, Khatian number and Dag number.

Now if you have these few details then you can check any land record.

Check land records online

• Visit eporcha.gov.bd website to check land records online. 
• Then select the land owner’s department name, district name and upazila name.
• After that select the Khatian type and Mauza. 
•  Finally, click on the search option with the land registration number.

If all your information is correct then you can see the name of which person the said land is recorded.

Land record verification with mobile app

You can check the land record through the e-Porcha website as well as the mobile app. For that install eKhatian from Google Play Store. After installation open eKhatian app. 

Now select Khatian option from eKhatian app. Then   select  the department, district and upazila correctly and  click on  search button  with  Khatian type  and  mark number .

Then it will be seen in whose name the said land is registered. If no record information is found then try again with correct information.

What to do if you can’t find record information online? 

If you can’t find the land record online after providing the correct information, contact the nearest land office. 

Search for information about Khatian and Dagh 

Again visit this website eporcha.gov.bd to check khatian and dag information. After that select the desired land division, district, upazila and Mouza. After that, select the type of land and khatian and enter the land khatian number in the khatian number box and click on the search option.

Also click on the more search button to verify the certificate by spot number/owner name. Then enter spot number/owner name and click on search button.

Now by clicking on the detail option, you can check the desired land in whose name record or ownership of the desired land.