No single document conclusively proves ownership of land in Bangladesh. A safe purchase requires verification of the seller’s complete chain of title, registered deeds, current and previous records of rights, mutation records, land development tax, physical possession, survey map, inheritance history, mortgage status and pending litigation.
A registered deed is essential for a sale, but registration alone does not guarantee that the seller owned the land. The Sub-Registrar records the document. The registration process is not a judicial investigation of perfect title.
Begin with the seller’s source of ownership
The first question is how the seller acquired the property.
The seller may claim ownership through:
- A registered purchase deed
- Inheritance
- A registered gift or declaration of heba
- Partition
- Exchange
- A court decree
- Government settlement
- Auction purchase
- Another legally recognised transfer
The buyer should obtain the document through which the seller claims ownership and then trace ownership backward through earlier transfers.
A person cannot ordinarily transfer a better title than that person legally possesses. A recent registered deed does not cure a defect in an earlier transfer.
Trace the chain of title
The chain of title should connect the present seller to a legally recognised earlier owner without unexplained gaps.
For each deed, verify:
- Names and identities of transferor and transferee
- Deed number and registration date
- Sub-Registry Office
- Mouza, jurisdiction list number, khatian and dag numbers
- Land area and boundaries
- Nature of the transfer
- Consideration or declared value
- Signatures and admission of execution
- Whether the transferor owned the whole property or only a share
Section 57 of the Registration Act allows inspection of specified registration books and indexes and the obtaining of certified copies in accordance with the Act. A buyer should obtain certified copies directly from the registration office instead of relying solely on photocopies supplied by the seller.
A sale requires a registered instrument
Section 54 of the Transfer of Property Act defines a sale as a transfer of ownership in exchange for a price. A sale of immovable property must be completed through a registered instrument in the circumstances governed by that section. A sale agreement by itself does not transfer ownership.
Section 54A further requires a contract for sale of immovable property to be made in writing and registered. The agreement should state the time within which the final sale deed will be executed.
Under the Registration Act as amended in 2026, the statutory period stated in section 17A(2) for presenting a contract for sale was extended from thirty days to sixty days. The 2026 amendment also created a legal framework for digital registration through the new section 77A, although actual use depends on government-approved software and rules.
Verify the seller’s name in the latest khatian
Section 53C of the Transfer of Property Act restricts sale unless the seller’s name, or the seller’s predecessor’s name where ownership arose by inheritance, appears in the latest record of rights as required by the provision.
This requirement does not mean that the latest khatian alone creates ownership. It means that the land record must be examined as part of the legal transfer process.
The buyer should compare:
- The seller’s identity
- The latest khatian
- Earlier survey khatians
- The mutation khatian
- The deed description
- The mouza map
- The actual land on the ground
A discrepancy in dag number, land area or ownership share should be resolved before payment.
Understand the evidentiary value of a record of rights
Section 144A of the State Acquisition and Tenancy Act gives a finally published record of rights a rebuttable presumption of correctness. The entry is presumed correct until evidence proves otherwise. It is not an indefeasible certificate of title.
A khatian can therefore support a title claim, but it must be read with deeds, inheritance documents, possession and other evidence.
A seller whose name appears in a khatian may still lack valid title if the entry was obtained through error or fraud. Conversely, a genuine owner may have an outdated record because mutation was not completed.
Verify mutation and land development tax
Section 143 of the State Acquisition and Tenancy Act requires maintenance of the record of rights through correction of entries resulting from transfer, inheritance and other recognised changes. Mutation is the administrative process used to update the revenue record after ownership changes.
The buyer should obtain the mutation order and mutation khatian, not merely a handwritten claim that mutation was completed.
Land development tax records should also be checked. Payment of tax is relevant evidence of possession and revenue compliance, but a tax receipt does not independently create ownership.
The Ministry of Land’s official digital services currently include mutation, land development tax, records and maps. Digital information is useful for preliminary verification, but certified records should be obtained where the transaction or litigation requires formal proof.
Check whether the seller inherited the property
Where the seller claims through inheritance, verify:
- The original owner’s death certificate
- The applicable succession law
- Complete list of heirs
- Heir or succession certificate where applicable
- Mutation in the heirs’ names
- Whether every co-owner has agreed to the sale
- Whether the seller is transferring only an undivided share
One heir cannot ordinarily sell another heir’s share without valid authority.
A buyer purchasing from only one co-owner may receive that co-owner’s legal share rather than exclusive ownership of a physically selected portion, unless a lawful partition has already separated that portion.
Check mortgages, charges and prior agreements
Section 53D provides that property under a registered mortgage cannot be sold or re-mortgaged without the mortgagee’s written consent. A transaction in violation of that section is subject to the statutory consequence stated there.
The buyer should inspect registration indexes for:
- Registered mortgages
- Earlier sale deeds
- Registered agreements for sale
- Gifts
- Powers of attorney
- Leases
- Charges
- Partition deeds
- Cancellation instruments
A bank letter supplied by the seller should be confirmed directly with the bank.
Search for litigation
A buyer should conduct searches in the relevant civil courts, Land Survey Tribunal, revenue proceedings and other competent forums.
Section 52 of the Transfer of Property Act contains the doctrine of lis pendens. During litigation in which rights to immovable property are directly and specifically in question, a transfer cannot defeat the rights determined by the eventual decree, except under the authority of the court.
Buying disputed land during a pending suit may therefore place the buyer under the result of that litigation.
Inspect the land physically
A lawyer’s document review does not replace a physical survey.
A licensed surveyor should compare the deed, latest khatian and mouza map with the land on the ground. The inspection should identify:
- Actual boundaries
- Road access
- Encroachment
- Occupants and tenants
- Buildings
- Water bodies
- Government acquisition markers
- Utility lines
- Difference between recorded and occupied area
Neighbours and adjoining owners may reveal a possession dispute that documents do not show.
Responsibilities of the seller
Section 55 requires the seller, in the absence of a contract to the contrary, to disclose material defects in the property or title known to the seller and not discoverable by the buyer through ordinary care. It also deals with production of title documents, payment of public charges and delivery of possession.
These statutory duties do not remove the buyer’s responsibility to investigate.
Special precautions for non-resident buyers
A non-resident Bangladeshi should appoint an independent advocate rather than rely solely on the seller, broker, relative or proposed power-of-attorney holder.
The buyer should retain control of payments and require:
- A written due-diligence report
- Certified copies
- Current photographs and survey
- Live verification of the seller
- Bank-traceable payment
- A registered agreement
- Delivery of original title documents
- Mutation after purchase
The person inspecting title should not receive undisclosed commission from the seller.
Case-law verification note
This article relies primarily on the current statutory framework. No unverified judgment is included as authority for the proposition that a registered deed, mutation or khatian alone conclusively proves title.
Common mistakes
Common mistakes include checking only the latest deed, accepting photocopies, relying on mutation as proof of ownership, paying the full price before due diligence and failing to identify all heirs.
Another mistake is purchasing a physically marked portion from a co-owner before lawful partition.
Law updated as of 13 July 2026.
Primary sources: Transfer of Property Act, 1882, sections 52, 53C, 53D, 54, 54A and 55; Registration Act, 1908, sections 17, 17A, 52A, 57 and 77A; State Acquisition and Tenancy Act, 1950, sections 143 and 144A; Registration (Amendment) Act, 2026.
Legal-information disclaimer: This article provides general legal information, not legal advice. Land title depends on the complete documentary and factual history of the property. Obtain a written title opinion from a licensed Bangladeshi advocate before payment or registration.