Land Sale Agreement (Bainanama)

A land sale agreement (bainanama) is the contract by which a land-buyer and land-seller commit to a sale — the buyer pays earnest money (bayana), both sides fix the balance-payment date, and they agree the target date for the final registered Saf Kabala deed. In Bangladesh this is a compulsorily registrable instrument since the Registration (Amendment) Act, 2004: an unregistered bainanama cannot be sued upon for specific performance, so treating it as a mere informal 'baiyt' is legally catastrophic. Get the bainanama right and the whole land transaction runs to schedule; get it wrong and years of court battles can follow. On ChuktiQ you can draft, preview and sign the digital record — but the physical bainanama on non-judicial stamp still has to reach the Sub-Registrar within 60 days of execution, the deadline set by Section 17A(2) of the Registration Act, 1908.

Stamp & registrationCompulsorily registrable under Section 17A of the Registration Act, 1908 (as amended in 2004). Executed on non-judicial stamp paper of the value prescribed by law on the sale price and registered at the Sub-Registrar's office within 60 days of execution — the deadline is fixed by Section 17A(2). Without timely registration the bainanama is inadmissible as evidence of the contract, and the buyer loses the right to sue for specific performance. This is the single most-missed step in private land deals; ChuktiQ shows a clear notice about it on every land-related agreement page.

What this agreement typically contains

Seller and buyer full identity — name, father's name, address, NID
Full legal description of the land — mouza, khatian, dag no., area (in decimals / katha / bigha)
Boundaries (north/south/east/west) of the plot
Reference to the seller's ownership documents — Khatian, RS record, previous sale deed
Total sale price in figures and words
Earnest money (bayana) paid on signing + written acknowledgement
Balance payment schedule (dates and amounts)
Target date and Sub-Registrar office for the final Saf Kabala registration
Seller's warranty of clear title, no encumbrance, no pending suit
Possession-handover terms
Penalty / forfeiture clause if either side defaults
Signatures of both parties, two witnesses, and registration formalities

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Frequently asked questions

Is an unregistered land 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. If you have already signed an unregistered bainanama, take it to the Sub-Registrar for registration immediately — Section 17A(2) fixes the window at 60 days from execution, and that deadline is strict.
Is a ChuktiQ digital land bainanama enough on its own?: No, and the platform shows a clear notice saying so on every land page. Section 6 of the ICT Act, 2006 does not override the compulsory-registration rule of the Registration Act. A ChuktiQ digital bainanama is useful as a record and 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.
What if the seller sells the same land to someone else after signing my bainanama?: If your bainanama is duly registered, you can (a) sue the seller for specific performance to get the sale enforced in your favour, and (b) sue for damages. If the third-party buyer registered their sale deed first and had no notice of your prior bainanama, they may get title (the doctrine of bona-fide purchaser without notice) — but registration of your bainanama is what puts them on notice and defeats that defence. This is exactly why registering the bainanama is not optional.

Other contracts in this category

What this agreement typically contains

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

Full legal description of the land — mouza, khatian, dag no., area (in decimals / katha / bigha)

Boundaries (north/south/east/west) of the plot

Reference to the seller's ownership documents — Khatian, RS record, previous sale deed

Total sale price in figures and words

Earnest money (bayana) paid on signing + written acknowledgement

Balance payment schedule (dates and amounts)

Target date and Sub-Registrar office for the final Saf Kabala registration

Seller's warranty of clear title, no encumbrance, no pending suit

Possession-handover terms

Penalty / forfeiture clause if either side defaults

Signatures of both parties, two witnesses, and registration formalities

Frequently asked questions

Is an unregistered land 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. If you have already signed an unregistered bainanama, take it to the Sub-Registrar for registration immediately — Section 17A(2) fixes the window at 60 days from execution, and that deadline is strict.

Is a ChuktiQ digital land bainanama enough on its own?

No, and the platform shows a clear notice saying so on every land page. Section 6 of the ICT Act, 2006 does not override the compulsory-registration rule of the Registration Act. A ChuktiQ digital bainanama is useful as a record and 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.

What if the seller sells the same land to someone else after signing my bainanama?

If your bainanama is duly registered, you can (a) sue the seller for specific performance to get the sale enforced in your favour, and (b) sue for damages. If the third-party buyer registered their sale deed first and had no notice of your prior bainanama, they may get title (the doctrine of bona-fide purchaser without notice) — but registration of your bainanama is what puts them on notice and defeats that defence. This is exactly why registering the bainanama is not optional.