Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, February 28, 2017 12:05:32 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Land Mutation Laws of Bangladesh

By
07th-Jan-2017       Readers ( 227 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Barrister Miti Sanjana :
Mutation is a very important process to establish ownership over any land in Bangladesh. When a person acquires ownership of an immovable property, i.e. land by purchase, gift, exchange or any other way, he needs to complete the mutation process as prescribed by law.  It is not possible to transfera piece of land if the present owner's name is not on the latest Khatian (Record of Rights). Mutation is done by updating the record through inserting the name of present owner instead of the former owner. As per the law of the land without mutation a land will not be transferable. Mutation is a process by which the current owner's name is recorded in the Khatian, who has become the owner by way of registered transfer or inheritance by way of kabala/sell, gift, exchange, will, waqf, inheritance or by the Govt.
The Parliament has amended the Registration Act- 1908 and the Transfer of Property Act- 1882 in 2004 with effect from July 1, 2005.As per the Registration Act Section 52A, Registering Officer cannot register a transfer, unless certain particulars are included in an instrument of transfer. These include the latest khatian of the property in the name of the seller, if he is owner of the property otherwise than by inheritance and the latest Khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller or his predecessor, if he is owner of the property by inheritance.
Section 53Cof the Transfer of Property Act states that no immoveable property shall be sold by a person unless his name, if he is the owner of the property otherwise than by inheritance, or his name or the name of his predecessor, if he is the owner of the property by inheritance, appears in respect of the property in the latest khatian prepared under the State Acquisition and Tenancy Act, 1950, and any sale made otherwise shall be void.
Assistant Commissioner (AC) (Land) is the authority where an owner of a land can apply to mutate his/her name in the government record. If a property is leasehold, still the mutation with (AC) (Land) is required to update record maintained at that government agency along with the mutation permission from e.g. RAJUK, National Housing Authority, Ministry of Housing and Public Works etc.
To mutate a piece of land, the owner or his nominated representative can apply to the AC (Land) in a government's prescribed form and fees prescribed by the Government alongwith the required documents. In the application form the applicant must clearly mention the full name and address of the applicant and the transferor, schedule of the land with boundary, size, nature and, registered deed number and date of such registration.
Moreover, the applicant shall submit the copy of title deed, bia deed, copy of all the  Khatians (C.S., S.A., R.S., Dhaka City Jorip Khatian if the land is located to Dhaka or B.S. Khatian if the land is located outside Dhaka, receipt of payment of land development tax,  City Corporation tax payment receipt if applicable, copy of the order obtained from competent court (if any), relevant permissions from the Lessor in case of leasehold property, passport size photograph of the applicant etc. with the application. Theoretically, it takes 60 days to complete the whole process of mutation in metropolitan area and 45 days for any other area. But practically it may take some more time.
If any person is not aggrieved with the decision of the mutation case, he can file an appeal to the collector and the appeal can go to the Commissioner of the Division. Mutation is essential to create the proprietary rights over the land for the purpose of payment of rent in the name of the current owner to avoid any future complicacy in terms of peaceful possession and enjoyment of that land.

(The writer is an Advocate, Supreme Court of Bangladesh and an activist.)

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Banning some risky drug companies is not enough : Govt has to play its part


THE High Court on Monday asked the government to stop producing and marketing of antibiotic, penicillin and hormone drugs of 28 pharmaceutical companies within 72 hours beginning from the same day. Furthermore, the court also issued a rule asking the concerned authorities of the government to explain why the earlier ...

City »

Consumers Association of Bangladesh formed a human chain in front of the Jatiya Press Club on Monday demanding withdrawal of increased price of gas.


City »

Jatiya Party Chairman Hussain Muhammad Ershad , among others, holds the copies of a book titled `Bangladesh`s Politics` written by the party's presidium member Sahidur Rahman Tepa at its cover unwrapping ceremony in the auditorium of Kachi-Kanchar Mela in the city on Monday.


Entertainment »

Singer Richa Sharma to appear on small screen


Melody Queen Richa Sharma at Indian Idol Season 9! It would be the simplest thing in the world that Richa Sharma is a phenomenal singer and get done with it. But her talent isn’t that easy or slot or unravel nor is her genius easily classifiable or even observable. One ...

International »

New anti-IS strategy may mean deeper US involvement in Syria


AP, Washington :A new military strategy to meet President Donald Trump's demand to "obliterate" the Islamic State group is likely to deepen U.S. military involvement in Syria, possibly with more ground troops, even as the current U.S. approach in Iraq appears to be working and will require fewer changes.Details are ...

International »

NASA may send robotic spacecraft to sun next year


PTI, Washington :NASA plans to send its first robotic spacecraft to the Sun next year that is slated to get within six million kilometres of the blazing star to probe its atmosphere. Humans have sent spacecraft to the Moon, Mars and even distant interstellar space. Now, NASA plans to launch ...

Editorial »

Businessmen are panicked from gas price hike


THE latest gas price hike has sparked widespread public reaction while the business chambers and trade associations are anticipating as a deathblow to keep their manufacturing and exports running. Meanwhile the concerned government minister said electricity price hike will be implemented soon and may be another hike of water price ...

Football »

Mandzukic inspires Juve to easy Empoli win


AFP, Milan :Mario Mandzukic overcame a wasteful first half to inspire Juventus to a 2-0 home win over Empoli that edged the Turin giants closer to a record sixth straight Serie A title.Juventus, claiming their 22nd win in 26 games, moved 10 points clear of closest challengers Roma ahead of ...

City »

Nagorik Committee staged a sit-in in front of the Jatiya Press Club on Sunday in protest against price hike of gas.


International »

Hillary calls for 'resistance and persistence' from Democrats


AP, Atlanta :In a video released Friday, Hillary Clinton encouraged Democrats to "move forward with courage, confidence and optimism" as the party prepares to rebuild after losing the White House and failing to gain majorities in either house of Congress in the November elections.The three-minute video was posted online shortly ...

Entertainment »

Ayesha Takia shuts down trollers over plastic surgery row


Actress Ayesha Takia Azmi has slammed all those who trolled her over various social media platforms for getting under the knife. Ayesha attended an event, where her swollen lips and cheeks made people wonder if she had undergone plastic surgery. She later became a victim to trolls, where many began ...

Entertainment »

Priyanka to attend Oscars this year too


Internationally acclaimed Bollywood actress Priyanka Chopra has announced that she will be attending the upcoming 89th Academy Awards. Priyanka took to Instagram on Friday night to share the news with her fans while posting a photograph with legendary British singer Mick Jagger. “Change of plans! Oscars here we come. Mick ...

Editorial »

Fake insulins causing more sufferings to many


DESPITE the irregular crackdown on adulterated drugs, the business of illicit, substandard, counterfeit and life-endangering medicines is becoming rampant enough to  pose a severe public health danger in the country. A New Nation report on Thursday said fake insulin injections, a life-saving hormone for diabetic patients, have flooded the medicine ...

Cricket »

Mustafiz gets his rhythm and confidence


Sports Reporter :'Wonder Boy' Mustafizur Rahman has got his rhythm and confidence. Members of Bangladesh National Cricket team took part in their practice session at the Sher-e-Bangla National Cricket Stadium in Mirpur on Saturday. After the practice session Mustafizur Rahman said, " I played two matches in Bangladesh Cricket League ...

City »

Family members of those who were killed in BDR mutiny seeking divine blessings for the departed soul after placing floral wreaths at their graves. The snap was taken from the city`s Banani Army Graveyard on Saturday.


 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news