Land & Property
Land is Bangladesh's most litigated asset — a large majority of civil disputes in the country's courts are ultimately about a piece of land. That is precisely why every land transaction deserves a properly drafted written agreement long before any money changes hands: a Bainanama (sale-agreement / earnest-money contract) when a buyer commits, a Saf Kabala (final sale deed) when title actually transfers, a Bantonnama (partition deed) when heirs divide inherited property, a Heba (gift) when land is given without consideration, and so on. The critical rule to remember: for most land instruments the written agreement is only the first step — the Registration Act requires a further step at the Sub-Registrar's office before ownership legally transfers.
Stamp & registrationRegistration Act (Amendment) 2004: a Bainanama (contract of sale) for immovable property is now itself a compulsorily registrable instrument, and an unregistered sale-agreement cannot be sued upon for specific performance. The final Saf Kabala deed has always required registration (Registration Act, 1908) and attracts stamp duty on the sale price plus registration fee, local government tax and gain tax. Do not skip registration to save fees — the courts will not enforce an unregistered land agreement.
Contract types in this category
- Land Sale Agreement (Bainanama)
- Land Gift Deed (Heba)
- Sale Deed (Saf Kabala)
- Land Exchange Agreement
- Land Mortgage Agreement
- Land Lease / Ijara Agreement
- Property Partition Deed (Bantonnama)
- Power of Attorney — Land
- Land Survey & Boundary Agreement
- Land Dispute Settlement Agreement
- Land Development Agreement
- Land Brokerage / Commission Agreement
- Agricultural Land Lease Agreement
- Plot Purchase Agreement
- Land Sublease Agreement
- Inheritance Agreement
- Land Registration Power of Attorney
- Property Management Agreement
- Real Estate Broker Agreement
- Waqf Deed (Islamic Charitable Endowment)
- Trust Deed
- Gift with Exchange Deed (Heba-bil-Ewaz)
Frequently asked questions
- Is an unregistered Bainanama (land sale agreement) enforceable in Bangladesh?
- No. The Registration (Amendment) Act, 2004 made every contract for the sale of immovable property compulsorily registrable. Under Section 17A of the Registration Act, 1908 an unregistered Bainanama is inadmissible as evidence of the contract, and the partial-performance protection under the Transfer of Property Act does not save an unregistered buyer in this situation (its exact modern scope in Bangladesh should be confirmed with a lawyer). If you have already paid earnest money on an unregistered Bainanama, get it registered immediately — Section 17A(2) requires registration within 60 days of the date of execution, and that 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 (often 10-25% of the price), both sides commit to the sale, and the deed fixes the balance-payment date and a target date for the final registered deed. Ownership does not transfer at this stage. A Saf Kabala is the final registered sale deed executed at the Sub-Registrar's office after the balance price is paid — legal ownership passes to the buyer only when this deed is registered.
- Is a digital Bainanama on ChuktiQ enough to enforce a land sale?
- No, and ChuktiQ will show a clear notice on land-related agreement pages saying so. Section 6 of the ICT Act, 2006 does not override the compulsory-registration rule of the Registration Act. A ChuktiQ digital Bainanama is a good record of what the parties agreed and can be used as evidence, but for the contract to be enforceable in a specific-performance suit you must also execute and register a physical Bainanama on non-judicial stamp paper at the Sub-Registrar's office within the 60-day window set by Section 17A(2) of the Registration Act, 1908.