House Purchase and Sale Agreement

A house purchase-sale agreement (bāṛi kraẏa-bikraẏa chukti / bainanama) is the contract that commits a buyer and seller to a sale of built residential property. It is signed when the buyer pays the earnest money and typically some time before the final registered Saf Kabala deed. This is the single most important document a private house-buyer signs, because everything about the deal — the exact price, what fixtures are included, warranties on title, timing of possession, penalty if either side backs out, and the registration process — is fixed here. The Registration (Amendment) Act, 2004 made this agreement itself compulsorily registrable, so treating it as an informal receipt is legally risky. On ChuktiQ you can draft, preview and sign the digital version for your own record, then take the printed copy to the Sub-Registrar for the mandatory registration.

Stamp & registrationThis is a compulsorily registrable instrument under the Registration (Amendment) Act, 2004. Sign on non-judicial stamp paper valued as required by law on the sale price and register at the Sub-Registrar's office within 60 days of execution — the deadline is fixed by Section 17A(2) of the Registration Act, 1908, and without timely registration the agreement cannot be sued upon for specific performance. Stamp duty, registration fee, local government tax and gain tax apply on the final Saf Kabala deed as well. ChuktiQ's digital record is useful evidence but does NOT substitute for the physical registered document; the platform shows a clear notice on this page for that reason.

What this agreement typically contains

Seller's and buyer's full identity, NID, address, phone
Complete legal description of the property — mouza, khatian, dag no., area, built-up area, boundaries
Price in figures and words
Earnest money already paid + acknowledgement receipt
Balance payment schedule (dates and instalments)
List of fixtures / fittings included in the sale
Seller's warranty of clear title and absence of encumbrances
Date and place of the final Saf Kabala registration
Possession-handover date
Penalty / forfeiture clause if either party defaults
Signatures of parties, at least two witnesses, and (for the Bainanama itself) registration formalities

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Frequently asked questions

Is an unregistered Bainanama enforceable in Bangladesh?: No. The Registration (Amendment) Act, 2004 made every contract for sale of immovable property compulsorily registrable, and Section 17A of the Registration Act, 1908 makes an unregistered Bainanama inadmissible as evidence of the contract. That means a buyer who has paid earnest money on an unregistered Bainanama cannot sue the seller for specific performance if the seller backs out. Register within 60 days of execution, as required by Section 17A(2) — the window is strict.
What is the difference between a Bainanama and a Saf Kabala?: A Bainanama is the sale-agreement stage: the buyer pays earnest money (usually 10-25% of the price), both sides commit, and the deed fixes the balance-payment date and target date for the final registered deed. Ownership does NOT transfer here. A Saf Kabala is the final registered sale deed executed at the Sub-Registrar's office after full payment — legal ownership transfers only when this deed is registered.

Other contracts in this category

What this agreement typically contains

Seller's and buyer's full identity, NID, address, phone

Complete legal description of the property — mouza, khatian, dag no., area, built-up area, boundaries

Price in figures and words

Earnest money already paid + acknowledgement receipt

Balance payment schedule (dates and instalments)

List of fixtures / fittings included in the sale

Seller's warranty of clear title and absence of encumbrances

Date and place of the final Saf Kabala registration

Possession-handover date

Penalty / forfeiture clause if either party defaults

Signatures of parties, at least two witnesses, and (for the Bainanama itself) registration formalities

Frequently asked questions

Is an unregistered Bainanama enforceable in Bangladesh?

No. The Registration (Amendment) Act, 2004 made every contract for sale of immovable property compulsorily registrable, and Section 17A of the Registration Act, 1908 makes an unregistered Bainanama inadmissible as evidence of the contract. That means a buyer who has paid earnest money on an unregistered Bainanama cannot sue the seller for specific performance if the seller backs out. Register within 60 days of execution, as required by Section 17A(2) — the window is strict.

What is the difference between a Bainanama and a Saf Kabala?

A Bainanama is the sale-agreement stage: the buyer pays earnest money (usually 10-25% of the price), both sides commit, and the deed fixes the balance-payment date and target date for the final registered deed. Ownership does NOT transfer here. A Saf Kabala is the final registered sale deed executed at the Sub-Registrar's office after full payment — legal ownership transfers only when this deed is registered.