How to verify in Bangladesh who owns a property
Verifying the property’s ownership is essential before purchasing any real estate in Bangladesh.
Property ownership disputes are a typical occurrence in Bangladesh. Property-related documents are easily falsified and untrustworthy. Anyone who purchases real estate without exercising caution runs the risk of running into issues later on, including potentially being sued for the property’s ownership. Nonetheless, it takes a lot of work to verify property ownership in Bangladesh.
The following actions should be taken by a buyer to verify the ownership of a property:
DATA COLLECTION ABOUT THE PROPERTY:
It is necessary to gather all pertinent information on the property. Plot (dag) number, khatian number, current possessor, and holding address in particular are crucial. It might not be feasible to examine the property’s records without this information.
FORMING A HISTORICAL CHAIN FOR THE PROPERTY:
The buyer should then look into the property’s past. It is best to get a basic concept from the locals and the current owner. This history ought to be verified with the pertinent property records.
Genuineness of the title deed (s):
The first and most crucial step in examining property records is to verify that the title deed is authentic. You can accomplish this by searching the applicable Sub Registry Office. In the Sub Registry Office where each registered deed is registered, there is a copy of the original deed on file. A certified copy of the deed can also be obtained by paying the Sub Registrar a nominal government charge. If ownership is inherited, the previous owner’s deed and any applicable Partition Deed (Bonton nama) should be examined.
It’s also a good idea to look through the Sub Registry Office’s records from the prior year (for at least ten years). The search will reveal whether the property is mortgaged or has had its ownership changed.
ASSESS THE PORCHA/KHATIAN:
The DC Office and the local Land (Tohosil) office carry Khatian and Porcha. It is necessary to obtain and verify certified copies of all pertinent Khatian/Porch documents. It is important to compare the owner’s name with the history listed in the deeds. If there is a discrepancy, a suitable justification must be provided.
Examine the Mutation Khani:
It is required to change the name of the current owner in place of the previous owner in the Khatian/Porcha if their name does not appear in the most recent version. Three documents are required for mutation: i) the Duplicate Carbon Rashid (DCR); ii) the Mutation Khatian; and iii) the Mutation Proposal Letter (Namjari Jomavag prostabpotro). It is not possible for someone to give ownership of a piece of property to someone else without mutation.
IF THE GOVERNMENT LEASES THE PROPERTY
In Bangladesh, a large portion of real estate, particularly city residential real estate, is leased from the government. These leases have different terms. The Department of Public Works, RAJUK, CDA, and other government entities were the ones that leased these properties the majority of the time. Almost always, any type of activity on the leased land requires approval from the relevant government bodies.
The necessary government offices’ records pertaining to the relevant property should be physically examined by a prospective buyer.
TAX RECORD
Checking the land tax (Khajna) record is recommended. The government may seize a property if the land tax is not paid.
Planning and Approval
The buyer should confirm the building plan and approval letter if there is a building on the property or if it is an apartment or flat, to ensure that the building is built in accordance with the plan.
VERIFICATION OF THE PROPERTY PHYSICALLY:
Any prospective buyer should try to see the property in person to see whether there are any issues related to ownership or possession.
Once the aforementioned verification is completed, there is less likelihood of encountering issues with the property.
Please get in touch with us if you require expert assistance with property-related matters.
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