Property Lawyer in Bangladesh
Property is an important aspect of our economic and social life and it also constitutes the resource of livelihood as well as security, our Property Lawyer is right here exactly to provide property law related services to help you preserve your rights under the laws of Bangladesh.
Property law is the most ancient as well as the most essential branch of law in Bangladesh. In Bangladesh, a vast number of disputes that are pending or creating considerable pressure on the court system is related to land. Owing to the significance of land in our life, the protection of our rights or ownership in our own land remains an important factor. However, by following land laws properly, a person can effectively protect his/her rights in property.
Scope of Works of a Property Lawyers in Bangladesh:
i. Solution to Landlord/tenant disputes;
ii. Notices for defaults;
iii. Conduct legal proceedings;
iv. Drafting contracts;
v. Vetting of different types of land related contracts and documents;
vi. Legal advice on loan or mortgage documents;
vii. Filing petition for injunctions;
viii. Searching genuineness of land documents in the land offices;
ix. Any other task relating to land.
The Governing Laws and Ministry Relating to Real Estate and Property in Bangladesh
There are number of enacted laws that regulates the Real Estate and Property Laws in Bangladesh. In order to know the details of it please visit, otherwise, the following are the applicable laws among others:
The Land Survey Act 1875
The Bengal Tenancy Act 1885
The Transfer of Property Act 1882
The Public Demands Recovery Act 1913
The State Acquisition and Tenancy Act 1950
The Land Development Tax Ordinance 1976
The Land Reforms Ordinance 1984
Immovable Property (Acquisition and Requisition) Act 2017 [previously, the Immovable Property (Acquisition and Requisition) Ordinance 1982]
The Land Management Manual 1990.
Important Provisions and Laws related to Transfer of Property Act 1882
In Bangladesh, transfer of property is regulated by the Transfer of Property Act 1882. As per section 5 of the Transfer of Property Act 1882, “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act. Under section 5, a “living person” includes a company or associations or body of individuals, whether incorporated or not.
Types or Modes of Transfer of Property in Bangladesh
There are several ways by which a property can be transferred in Bangladesh. The mode of transfer of property is now discussed below:
(i) By Sale
A sale is an ownership transfer in return for a price paid or agreed, or a part paid or agreed. It is important to note that, the ownership of property cannot be transferred by such a contract unless it is made in writing and registered under the Registration Act, 1908.
(ii) By Lease
A lease of immovable property is a legal contract which is the grant of a legal right to a party to enjoy a particular property, rendered explicitly or impliedly or in perpetuity for a specific period of time, in consideration of a price charged or price agreed. The consideration in this context also includes a share of crops, services or anything else of value.
(iii) By Exchange;
In simple sense, an exchange can be understood easily as the ‘give and take’ concept. However, in legal sense, it is not the transfer of possession only, rather it is the ownership which is exchanged. Accordingly, an exchange is a type of transaction, where two parties (with mutual consent) transfer the ownership of one object or article for the ownership of another. Provided that, in such a transaction, neither of the objects or both the objects being ‘money’ only.
(iv) By Gift;
Gift is the transfer of any current and specific movable or immovable property rendered by one individual (called the “donor”), willingly and in return for nothing, to another person (called the “donee”) and accepted by or on behalf of the donee.
However, transferring a property through the mode of transfer as stated above is not the end of the story. The law requires to register the deed of transfer with the concerned Sub Registry Office. Otherwise, the unregistered deed of transfer shall give no protection to the parties about their rights on the transferred property.