Property lawyer in Dhaka for land and apartment transactions

Before you pay for land or an apartment, the papers need to be read by a property lawyer, not only by the seller’s broker. At Ain Bisharod, we verify title, trace the deed chain through the CS, SA, RS and BS records, and take the transaction through baina, registration and mutation, so the price you pay buys a title you can hold.

Where purchase problems usually start

Most purchase disputes that reach our chamber did not start in court. They started at the baina stage, when the buyer paid an advance against a photocopy of a deed and the seller’s word that the papers were clear.

The common problems are rarely hidden. They are in the documents, for anyone who checks them in the right order:

• The seller’s name is on the deed but not in the latest khatian.
• Mutation was done on a deed that was later cancelled or challenged.
• The same land was sold to two buyers, or a part was sold earlier and not disclosed.
• One or more heirs did not join the sale of inherited land.
• The seller is acting under a power of attorney that has been revoked or was never properly registered.
• The plot is leasehold and the conditions of the lease have not been met.
• The apartment sits on land where the landowner and developer are already in dispute.

Each of these can be found before money changes hands. After registration, the same problem usually becomes a suit. If the papers already show a dispute, see our land dispute lawyer service.

Property legal services we provide

• Land verification and title search. We check whether the seller holds a clear and transferable title, and whether the land is what the papers say it is.
• Deed-chain examination. We trace every transfer from the CS or SA record to the present owner and look for gaps, defects and missing parties.
• Khatian verification. We compare the CS, SA, RS and BS or Dhaka city survey khatians and the mouza map with the deeds. Our article on types of khatian explains the differences.
• Mutation and land development tax. We confirm that the mutation khatian, DCR and khajna receipts are in the seller’s name and up to date.
• Possession check. We visit the land, confirm who is in possession and, where needed, arrange measurement by a surveyor.
• Power of attorney review. If the seller acts through an attorney, we check the power, its registration and whether it is still valid.
• Baina drafting and registration. We draft the agreement for sale with clear payment stages, timelines and remedies, and have it registered.
• Sale deed drafting and review. We draft or review the sale deed and attend registration at the sub-registry office.
• Apartment purchase review. We check the land title, the landowner-developer agreement, the developer’s power of attorney, the approved plan and the allocation documents.
• Post-registration work. We complete mutation in the buyer’s name and open the land development tax holding.

For RAJUK, NHA and other government leasehold plots, see our separate page on RAJUK and NHA leasehold plots.

Why legal due diligence matters before you buy

Registration records a transfer. It does not cure a defect in the seller’s title. If the seller did not own what he sold, the buyer’s registered deed can still be challenged, and the buyer’s remedy may be a long civil suit for the return of money.

Two points of Bangladesh law make early checking more important:

• An agreement for sale of immovable property (baina) must be in writing and registered under the Transfer of Property Act, 1882. An unregistered baina leaves the buyer in a weak position if the seller refuses to complete.
• Ownership of land or an apartment passes by a registered sale deed under the Registration Act, 1908. Cash paid on trust, without proper documents, is difficult to recover.

The purpose of due diligence is not to delay the deal. It is to make sure the price you pay buys a title you can hold, mutate, mortgage and later sell.

Registration records the transfer. It does not cure a defect in the seller’s title.

Documents we review and where they come from

The exact list depends on the property, the area and how the seller acquired it. In a typical land or apartment purchase in Dhaka, we work with these records:

Document	Where it comes from	What we check
Title deed and earlier deeds (bia dolil)	Seller; certified copies from the sub-registry office	Chain of transfers, parties, schedule of land, any gap
CS, SA, RS, BS or city survey khatians	DC office record room; online land records	Names, shares, dag numbers, class of land
Mouza map	Record room or survey office	Location and boundaries of the plot
Mutation khatian and DCR	AC Land office	Whether the seller’s name is recorded on the right deed
Land development tax receipts	Union or circle land office, online payment record	Holding in the seller’s name, dues cleared
Heirship certificate and partition deed	Seller; union parishad or city corporation; sub-registry	All heirs identified and shares settled
Power of attorney	Seller’s attorney; sub-registry	Registration, scope, revocation
Volume search	Sub-registry office	Later sales, bainas or mortgages on the same land
Apartment papers	Developer and landowner	Development agreement, power of attorney, approved plan, allocation

We may ask for further papers once the first review shows what the title depends on. For a quick overview of land deed types, see 15 types of land deeds.

How Ain Bisharod handles a property purchase

1. First review. You send the papers you have. Clear photos are enough to start. We tell you what is missing and what the verification will cover.
2. Record collection. We collect certified copies from the sub-registry office, AC Land office and record room, and check the online land records where available.
3. Physical verification. We visit the land or building, confirm possession and boundaries, and arrange a surveyor if the measurement is in doubt.
4. Written legal opinion. You receive a written opinion: clear to proceed, proceed with conditions, or do not proceed, with reasons.
5. Baina. We draft the agreement for sale with payment stages tied to documents, and register it.
6. Sale deed and registration. We draft the sale deed, work out the fees and taxes payable at registration, and attend the sub-registry office.
7. Mutation. We apply for mutation in your name and settle the land development tax holding, so the record matches your deed. See how mutation works.

Costs payable at registration

Buyers are often surprised by the government charges at registration. The heads below usually apply to a sale deed. The rates are set by the government, vary by area and type of property, and change from time to time, so we confirm the current figures for your property before the deed is prepared.

Charge	Who usually pays	Note
Stamp duty	Buyer	Percentage of deed value
Registration fee	Buyer	Percentage of deed value
Local government tax	Buyer	Higher in city corporation areas
Source tax (gain tax)	Seller, often by agreement	Depends on area and deed value
VAT on apartments	Buyer	Applies to purchases from developers, by size

Deed value cannot be shown below the government’s minimum value for that mouza. Under-stating value to save tax creates risk for the buyer later.

Common mistakes buyers make

• Paying the advance on an unregistered baina. This is the single most common reason buyers lose money.
• Trusting the broker’s file. Brokers are paid on completion. Their interest is the deal, not your title.
• Checking only the last deed. Defects usually sit two or three transfers back.
• Ignoring possession. A clear deed with someone else living on the land is not a clear purchase.
• Skipping mutation after registration. Years later, the record still shows the seller, and the next sale becomes difficult.
• Buying an apartment without reading the development agreement. If the flat is in the landowner’s share, the developer cannot sell it.

Our Bangla article on what to check before buying land covers these points for family members who prefer Bangla.

Who we act for

• Individual buyers of land, plots and apartments in Dhaka and nearby districts
• Sellers who want their papers in order before going to market
• Investors buying land for development or long-term holding
• Families buying from relatives, where informal arrangements need proper documents
• Bangladeshis living abroad who are buying from abroad and cannot attend every step
• Banks and companies that need a legal opinion on title before lending or acquiring

Guidance for apartment buyers

For a flat, the land title is only half the check. The other half is the project: whether the developer holds a registered power of attorney from the landowner, whether the building follows the approved plan, and whether your unit is in the developer’s share. Ask for the registered sale deed for your flat and its proportionate share of land at handover, and do not accept an allotment letter as a substitute.

Guidance for families buying from relatives

Purchases inside a family are often done on trust and remain unregistered for years. This causes problems when the seller dies and other heirs claim the land. A registered deed protects everyone, including the seller’s other heirs.

Areas we cover

We work on property in Gulshan, Banani, Baridhara, Dhanmondi, Uttara, Mirpur, Mohammadpur, Bashundhara, Badda and Purbachal, and on land in Keraniganj, Savar, Narayanganj, Rupganj, Gazipur and Narsingdi.

About the firm

Frequently asked questions

Related services