This is very important to know the registration process in Bangladesh. This article focuses on the Registration process in Bangladesh which is regulated by the Registration Act, 1908.
Registration:
Registration means recording or entering precisely certain information in the designated place of public records as mandated by statute. Registration basically is a book of public records.
Documents which require Registration:
Under the provisions of Section – 17 of the Registration Act, of 1908 some of the documents that have to be registered compulsorily are as follows:
Instruments of the gift of immoveable property:
a) Declaration of heba under the Muslim Personal Law (Shariat) As applicable since 1st July 2005,
b) Declaration of gift under the Hindu, Christian and Buddhist Personal Law
- Instrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882
- Leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent,
- Instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws,
- Instrument of sale in pursuance of an order of the Court under section 96 of the State Acquisition and Tenancy Act, 1950,
- A Contract for Sale: A contract for the sale of any immovable property has to be in writing and registered. The document has to be presented for registration within 30 (Thirty) days from the date of execution of the contract.
Documents which require Registration:
Documents which do not need to be registered are as follows:
- Documents not expressly transferring property
- Documents not created any interest in immovable property
- Power of Attorney
- Agreement for Partition etc.
Limitation Period for Registration of Documents:
Registration of any document except a will has to be done within 3 (three) months from the date of its execution in accordance with the Registration Act, 1908. However, a copy of a decree or order has to be presented within 3 (three) months from the day on which the decree or order was made, or, where it is appealable, within 3 (three) months from the day on which it becomes final.
Re-registration of Documents:
A person, who is not duly empowered, may present a document for registration. However, the registration of such document will be invalid although it has been accepted for registration by a Registrar or Sub-Registrar. Nevertheless, the person who is duly empowered to present the document can apply for re-registration within 4 (four) months. Then the Registrar will proceed to the re-registration of the document as if it had not been previously registered.
Documents executed out of Bangladesh:
If a document, purporting to be executed out of Bangladesh is not presented for registration till after the expiration of the time, the registering officer has to be satisfied that the instrument was executed and it has been presented for registration within 4 (four) months after its arrival in Bangladesh. Then the officer may accept such document for registration on payment of the proper registration fee.
Place For Registering Documents Relating To Land:
Any document which affects immovable property has to be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion of the property to which such document relates is situated. If the major portion of the property is not situated within one sub-district, the document has to be presented for registration in the office of the Sub-Registrar within whose sub-district any portion of the property is situated.
After the registration of a document, no party is entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed.
Registration of Will:
A will can be presented at any time for registration or deposited under the provisions of law.
Documents executed by several persons:
If several persons execute a document at different times, such document has to be presented for registration and re-registration within 4 (four) months from the date of each execution.
Delay in Presentation for Registration:
If any document executed in Bangladesh is not presented for registration till after the expiration of the time due to urgent necessity or unavoidable accident, the Registrar, in cases where the delay in presentation does not exceed 4 (four) months, can direct that, on payment of a fine not exceeding 10 (ten) times the amount of the proper registration fee, such document can be accepted for registration. Any application for such direction can be lodged with a Sub-Registrar who will immediately forward it to the Registrar to whom he is subordinate.
Legal Advice regarding the Registration Process by CLP:
Whether you need assistance determining your issues regarding the registration process or you need any representation to ensure your legal rights are protected during the registration process, the Barristers, Advocates, and lawyers at CLP are highly experienced at dealing with the procedure of registration. In addition to handling various issues related to the said matter amongst domestic clients on a regular basis; it also has experience in consulting and assisting numerous international clients. For queries or legal assistance, please reach us at:
E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.
