Real estate lawyer in Dhaka for developers and project landowners

A real estate project is only as secure as the land under it and the agreements around it. At Ain Bisharod, we act for developers and landowners in Dhaka from land acquisition to the registration of the last apartment, with one aim: to stop disputes before they start, when fixing them costs least.

Where development projects go wrong

Most project disputes we see between developers, landowners and buyers trace back to one of three things: a title defect nobody found at the start, an agreement that did not say who bears a risk, or a power of attorney that did not match the agreement.

These problems surface late. The land is already excavated, apartments are already booked, and buyers have paid instalments. By then, every fix is expensive. Preventive legal review moves that work to the start of the project.

Legal services for developers and landowners

• Land acquisition due diligence. Title verification, deed-chain examination, khatian and mutation checks, possession, encumbrances and pending cases for every plot in the project.
• Land aggregation. Where a project combines several plots and owners, we verify each title and structure the documents so one weak plot does not hold up the project.
• Ownership structure review. We check how the land is held (individuals, heirs, companies) and who must sign.
• Landowner-developer agreements. We draft and negotiate the development agreement: sharing ratio, floor and unit allocation, timelines, signing money, rent during construction, delay penalties and exit terms.
• Joint venture agreements. We document joint ventures between developers, investors and landowners, including contributions, control and profit sharing.
• Power of attorney. We draft the landowner’s power of attorney to the developer so it matches the agreement and is properly registered.
• Project documentation. Supplementary deeds, tri-partite agreements for bank-financed buyers, allocation letters and handover documents.
• Buyer agreements. Apartment sale agreements with clear specifications, payment schedule, handover date, delay terms and cancellation provisions.
• Registration support. Sale deed preparation and registration for buyers at handover, and related mutation work.
• Legal risk assessment. A written review of the project’s legal risks before investment or launch.
• Landowner relations and dispute prevention. Advice and documentation when landowners change, die, or raise new demands mid-project.
• Plan deviation compliance. Advice when construction departs from the approved plan, and on regularisation where possible.
• Vendor and contractor contracts. Construction, supply and consultancy contracts with clear scope, payment and liability terms.
• Buyer default recovery. Notices, cancellation and recovery where a buyer stops paying instalments, following the sale agreement.
• Developer-buyer disputes and arbitration. Representation in disputes over delay, specifications, handover and registration, including real estate arbitration.

For developers who need this support across several projects, see our ongoing legal support on retainer.

The legal life of a project

Stage	Key documents	Main legal risk
Land selection	Deeds, khatians, mutation, tax receipts, map	Title defect, missing heirs, pending case
Agreement	Landowner-developer or JV agreement	Unclear sharing, timelines or exit terms
Power of attorney	Registered power from landowners	Power wider or narrower than the agreement
Approvals	Land use clearance, building plan approval, other clearances by project size	Delay, deviation, conditions not met
Sales	Allocation letters, buyer sale agreements	Selling units outside the developer’s share
Construction	Contractor and supply contracts, supplementary deeds	Delay claims, cost disputes
Handover	Handover letters, sale deeds, mutation	Buyers without registered deeds, landowner objections

Land acquisition and title

Before a developer commits signing money, every plot in the project needs the same title verification a careful buyer would require, and more. A project inherits every defect in every title it includes. We look in particular for:

• Heirs who have not joined, or minors with an interest
• Earlier sales, mortgages or bainas over part of the land
• Differences between the RS and BS or city survey records
• Pending suits, injunctions or acquisition proceedings
• Leasehold plots where the authority’s conditions affect what can be built
• Land class and whether the planned use is allowed under the Detailed Area Plan

The landowner-developer agreement

This agreement decides most of what happens in a project. Our drafting focuses on the clauses that most often cause disputes:

Clause	Why it matters
Land schedule	Area and plot numbers must match the records exactly
Sharing ratio and allocation	Name the specific units or floors each side receives
Signing money	State whether it is adjustable, refundable, and when
Approval and construction timeline	Fix dates and what happens if either is missed
Rent during construction	Amount, start date and end date
Specifications	Attach a schedule, not a general promise
Sale rights	When each side may sell its units, and to whom
Power of attorney	Scope that matches the agreement, no wider
Death or transfer	Binding effect on heirs and assignees
Dispute resolution	Arbitration seat, rules and interim relief

Under the Real Estate Development and Management Act, 2010 and its rules, developers have registration and conduct obligations, and the Act provides for certain disputes to go to arbitration. We draft agreements with these requirements in view and confirm the current position for each project. Our Bangla article on real estate law and the rights of landowners and developers gives a wider overview.

A clause that is unclear on the day of signing becomes a dispute on the day of delay.

Approvals and compliance

In Dhaka, most projects need RAJUK’s land use clearance and building plan approval before construction, and larger projects may need further clearances depending on their size and use. The approved plan then binds the project. Selling floors or units that are not in the approved plan, or building beyond it, creates problems with the authority and with buyers at registration.

We work alongside your architect and approval consultant on the legal side: confirming that the land documents support the application, that the landowners’ consents are in order, and that sale documents only offer what the approved plan allows. Where a deviation has already happened, we advise on the regularisation options and on how to protect sales already made.

Dispute prevention during the project

Disputes often begin when something changes: a landowner dies, a co-owner refuses to sign, a buyer defaults, or construction runs late. We help by:

• Documenting every change through supplementary deeds rather than informal letters
• Advising on landowner disputes before they reach court
• Reviewing notices before they are sent or answered
• Representing the developer or landowner in arbitration or litigation when it cannot be avoided

How we work with project teams

1. Kick-off review. We review the land papers and the commercial terms.
2. Title report. A written report on each plot, with conditions to resolve before signing.
3. Agreements. Drafting and negotiation of the development or joint venture agreement and the power of attorney.
4. Project file. A single legal file for the project, updated as documents are signed.
5. Sales documents. A standard buyer agreement and allocation documents for the sales team.
6. Handover and registration. Sale deeds and registration for buyers, with mutation support.

Common mistakes in development projects

• Paying signing money before the title report. Once paid, it is hard to walk away from a weak plot.
• Using a template agreement from another project. Every plot, family and approval position is different.
• Selling units before the allocation is settled. This leads to double allocation and buyer claims.
• Recording changes in letters, not deeds. Informal changes are often denied later.
• Delaying buyers’ sale deeds after handover. Unregistered buyers are the main source of late-stage disputes.

Who we act for

• Residential and commercial real estate developers in Dhaka and nearby districts
• Landowners entering a development agreement
• Investors and partners in joint venture projects
• Apartment developers handling buyer agreements and registration
• Companies acquiring land for their own buildings

Guidance for landowners

Take independent advice before you sign. Check that the agreement names your units, fixes the rent during construction and limits the power of attorney to what the project needs. Keep originals of your title deeds with you, and give the developer certified copies.

Guidance for developers

Treat the title report as a condition of signing money, keep one legal file for each project, and register buyers’ deeds promptly at handover. Most late-stage disputes we see would have been avoided by those three habits.

About the firm

Frequently asked questions

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