Sale Deed (Saf Kabala)

A Saf Kabala (final sale deed) is the registered instrument that actually transfers ownership of land in Bangladesh from seller to buyer. It follows the bainanama by weeks or months: once the buyer has paid the full price agreed in the bainanama, both parties go to the Sub-Registrar's office of the area where the land is located, execute the Saf Kabala on non-judicial stamp paper of the required denomination, pay the stamp duty + registration fee + local government tax + gain tax, and register it. Ownership legally passes to the buyer only when this deed is registered — until then, whatever the bainanama says, title has not moved. After registration, the buyer must apply for mutation (namjari) at the AC (Land) office to have their name recorded in the khatian; only after mutation is the ownership fully reflected in government records.

Stamp & registrationCompulsorily registrable under Section 17(1)(b) of the Registration Act, 1908 (any non-testamentary instrument that purports or operates to create, declare, assign, limit or extinguish any right, title or interest of the value of Tk. 100 and upwards in immovable property). Executed on non-judicial stamp paper of the value prescribed by law on the sale price. In addition, at registration the buyer typically pays: (a) registration fee, (b) local government tax, (c) gain tax under the Income Tax Ordinance where applicable, (d) source tax, and (e) other statutory fees. Section 49 of the Registration Act bars any court from receiving an unregistered document required to be registered as evidence of the transaction it purports to effect (proviso: it may still be used in a specific-performance suit and as evidence of a collateral transaction) — so an unregistered Saf Kabala cannot pass title.

What this agreement typically contains

Seller and buyer full identity — name, father's name, address, NID, photo
Complete legal description of the land — mouza, khatian, dag no., area, boundaries
Chain of title — reference to previous deeds by which the seller acquired the land
Sale price in figures and words + confirmation of full payment received
Details of any earlier bainanama being executed
Warranty of clear title, absence of encumbrance, no pending suit
Undertaking to hand over possession
List of documents handed over — parcha, mutation, previous deeds
Signatures of seller, buyer, and two witnesses
Sub-Registrar's endorsement and registration particulars

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Frequently asked questions

When does ownership of land actually pass to the buyer?: Ownership passes only when the Saf Kabala (final sale deed) is registered at the Sub-Registrar's office — signing the bainanama or even paying the full price does not, by itself, transfer title. Section 49 of the Registration Act, 1908 bars any court from receiving an unregistered document required to be registered as evidence of the transaction it purports to effect (the proviso permits limited use in a specific-performance suit and as evidence of a collateral transaction, but title itself does not pass). Until the Saf Kabala is registered, the seller remains the legal owner of record; the buyer is at most a beneficial owner with a right to compel registration.
Do I need to do mutation (namjari) after the Saf Kabala is registered?: Yes, and it is a critical follow-up step. Registration of the Saf Kabala transfers legal ownership, but the government's khatian record still shows the seller's name until you apply for mutation at the AC (Land) office of the district. Without mutation, you cannot pay land revenue in your own name, cannot get a Dakhila against your ownership, and future buyers will be reluctant to buy from you because the khatian does not reflect your title. Apply for mutation soon after registration — the process takes a few weeks to a few months.

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What this agreement typically contains

Seller and buyer full identity — name, father's name, address, NID, photo

Complete legal description of the land — mouza, khatian, dag no., area, boundaries

Chain of title — reference to previous deeds by which the seller acquired the land

Sale price in figures and words + confirmation of full payment received

Details of any earlier bainanama being executed

Warranty of clear title, absence of encumbrance, no pending suit

Undertaking to hand over possession

List of documents handed over — parcha, mutation, previous deeds

Signatures of seller, buyer, and two witnesses

Sub-Registrar's endorsement and registration particulars

Frequently asked questions

When does ownership of land actually pass to the buyer?

Ownership passes only when the Saf Kabala (final sale deed) is registered at the Sub-Registrar's office — signing the bainanama or even paying the full price does not, by itself, transfer title. Section 49 of the Registration Act, 1908 bars any court from receiving an unregistered document required to be registered as evidence of the transaction it purports to effect (the proviso permits limited use in a specific-performance suit and as evidence of a collateral transaction, but title itself does not pass). Until the Saf Kabala is registered, the seller remains the legal owner of record; the buyer is at most a beneficial owner with a right to compel registration.

Do I need to do mutation (namjari) after the Saf Kabala is registered?

Yes, and it is a critical follow-up step. Registration of the Saf Kabala transfers legal ownership, but the government's khatian record still shows the seller's name until you apply for mutation at the AC (Land) office of the district. Without mutation, you cannot pay land revenue in your own name, cannot get a Dakhila against your ownership, and future buyers will be reluctant to buy from you because the khatian does not reflect your title. Apply for mutation soon after registration — the process takes a few weeks to a few months.