Before buying any property, it is necessary to check the ownership of the property.
Dispute with property ownership is very common. Documents related to property are easily forged and unreliable. If any person, while buying a property, is not cautious, might face problems, possibly litigation with the ownership of the property at a later stage. However, checking ownership of property in Bangladesh is a lengthy job.
To check the ownership of a property, a buyer should do the following:
All relevant information related to the property should be collected. Specifically the plot (dag) number, khatian number, present possessor, holding address is essential. Without this information, it might not be possible to check the records of the property in query.
Next, the buyer should try to find the history of the property. A primary idea should be obtained from the present owner and local people. This history should be check against the relevant documents of the property.
The first and most important thing, while checking property documents, is to check the genuineness of the title deed. This can be done by conducting a search in the relevant Sub Registry Office. All registered deed has a record of the original deed in the Sub Registry Office in which it is registered. It is also possible to obtain a certified copy of the deed by paying a small government fees to the Sub Registrar. In case of ownership by inheritance, deed of the predecessor and Partition Deed (Bonton nama) (if any) should be checked.
It is also advisable to search the records of previous year (for at least 10 years) in the Sub Registry Office. If the ownership of the property is transferred or mortgaged, if will be found in the search.
Khatiyan/Porcha are available in the local Land (Tohosil) office, DC Office. Certified copies of all relevant Khatian/Porcha should be obtained and checked. The name of the owner should be checked against the history provided in the deeds. If there is any mismatch, there should be proper explanation. The documents are:
CS Khatian : This khatian was prepared under Bengal Tenancy Act 1885. This is known as Cadastral Survey. This survey started from Ramu of Cox’s Bazar upazila on 1888 and ends on 1940.
RS Khatian : After 50 years of CS survey another survey was held on. This survey was known as Revisional Survey and the khatian made from this survey is known as RS Khatian. The purpose of this survey is to update the amount of land, owner’s name and possessor’s name. It is more authentic than the CS khatian.
SA Khatiyan : This Khatiyan was prepared under State Acquisition and Tenancy Act 1950. Actually this is not a practical Survey or this is not based on field survey. This khatiyan was made on the information was given by the Zamindar or Landlord. SA khatiyan means State acquisition khatiyan or Settlement Attestation. It is also known as PS khatiyan or Pakistan Survey Khatiyan. This is not an authentic khatiyan.
BS Khatian : This is the more authentic khatian than all other khatian. A survey was started on 1970 which is continuing till now. This survey is known as Bangladesh Survey and the khatian made from BS survey is known as BS Khatian or Bangladesh Survey Khatian.
How to identify Different types of Khatiyan
RS Khatian :
1. Vertical and it has two pages.
2.The name of the district, Mouja and number of khatiyan is witten on the top of the first page of this Khatiyan.
3.“According to Section 105/106/108/109…” this is written at the bottom of the first page.
4.“Possessor of north frontier” is the second column of second page.
5.The owners are mentioned in different groups and this groups are marked by Bengali alphabet.
PS Khatian :
1. Vertical and it has two pages.
2.The name of the district, Mouja and number of khatian is witten on the top of the first page of this Khatian. Besides RS Khatian number is mentioned over the PS Khatian number.
3.“According to Section 49/50/51/52 or 53…” this is written at the bottom of the first page.
BS Khatian :
1. Horizontal and it has one page.
2.All Columns are mentioned in the front page of this khatian.
If the name of the present owner is not appeared in the latest Khatian/Porcha, it is mandatory to mutate his/her name in the place of old owner in the Khatian/Porcha. There should be three documents in mutation – i) Mutation proposal letter (Namjari Jomavag Prostabpotro); ii) Duplicate Carbon Rashid (DCR); and iii) Mutation Khatian. Without Mutation, any person cannot transfer ownership of a property to another person.
Lots of the property in Bangladesh (specially residential property in the cities) are leased from the government. The tenor of these leases varies. In most of the cases, government leased these properties through its agencies such as Department of Public Works, RAJUK, CDA etc. In almost all cases, permissions of the government agencies are required for any kind of activities in those leased land.
An interested buyer should physically check the records of the relevant property in the relevant government offices. Lease Hold Property Areas mentioned in bellow Property Related Documents.
The land tax (Khajna) record should be checked. If land tax of a property is not paid, the government might take the property.
To The land tax (Khajna) record should be checked. If land tax of a property is not paid, the government might take the property.
If there is any building on the land or in case of a flat or apartment, the buyer should verify the building plan, approval letter to make sure that the building is constructed according to the plan.
The interested buyer should visit the property in person and try to find out if there is any problem with the ownership or possession of the property.
Upon conducting the above verification, the chance of running into trouble with the property becomes lower.
If you need professional help with property related issues, please contact us.
How to complete your Ownership Documents? To know the Documentation Process first you have know about Sale Permission, Registration and Mutation. Select the Type of Documentation & Your Area. In case of Registration Mouza Rate will be required and that will be found in following section. After that you can also know about Holding Tax & Others documents.
Mouza Rate as per Government Market Value SFT & Ajutangso
|Area||Thana||Mouza Name||JL NO||Sft Rate(TK.)||Land Value Per Ajutangso(TK.)|
Finally you have to change the name for Electric, Gas, Water, Telephone Line from previous owner to current owner.