Property Partition Deed (Bantonnama)

A property partition deed (bantonnama) is the written and registered instrument by which co-owners of a piece of land — most commonly siblings who have jointly inherited from a parent — physically divide the land into separate plots, each heir taking exclusive ownership of a defined portion. A partition deed is the mechanism that converts undivided joint ownership into individual ownership, and it is what allows each heir to sell, mortgage, or build on their share independently thereafter. In Bangladesh, most inter-heir land disputes trace back to a missing or a badly drafted partition deed: the heirs 'settled it amongst themselves' orally, someone builds on a boundary years later, and a decades-long civil suit follows. Doing the bantonnama properly, with survey, mapping, and registration, avoids exactly that.

Stamp & registrationA partition deed transferring immovable property is compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908. Executed on non-judicial stamp paper at the rate prescribed for a partition instrument. Because it is a partition rather than a sale, the stamp duty is significantly lower than a Saf Kabala on the same value. Two witnesses required. Get a professional survey done before drafting so the individual plots are accurately delineated on a plan attached to the deed.

What this agreement typically contains

Full identity of all co-owners (heirs) being party to the partition
Reference to the source of joint ownership — usually the parent's death, previous inheritance deeds
Complete description of the whole property being partitioned — mouza, khatian, dag no., total area, boundaries
Description of each partitioned share — new dag / sub-dag numbers, area, boundaries, plot number
Plan / map attached showing the physical division
Details of any owelty payment where the shares are unequal in value
Warranty from each party that they take their share in full satisfaction of their claim
Undertaking to apply for individual mutation (namjari) after registration
Signatures of all co-owners and two witnesses
Sub-Registrar's endorsement

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Frequently asked questions

Can heirs partition inherited property just by oral agreement?: In practice they often do, but it creates severe legal risk. Section 49 of the Registration Act, 1908 bars a court from receiving an unregistered partition-of-title document as evidence of the transaction it purports to effect (the proviso allows limited use in a specific-performance suit and as evidence of a collateral transaction, but the partition itself does not stick) — so the government record continues to show all heirs as joint owners, and any of them can later challenge the arrangement, block a sale by another heir, or claim a portion of a plot the others have built on. A registered partition deed is the only structure that gives each heir a defensible, independent title.
What if one of the heirs refuses to sign the partition deed?: If one heir will not agree, the other heirs cannot force a private partition — but they can file a suit for partition in the civil court. The court will appoint a survey commissioner to divide the property equitably (accounting for owelty where shares are unequal) and pass a decree of partition, which is then registered like a bantonnama. It is a longer route but it is available. In the meantime, none of the heirs can validly sell more than their undivided share.

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What this agreement typically contains

Full identity of all co-owners (heirs) being party to the partition

Reference to the source of joint ownership — usually the parent's death, previous inheritance deeds

Complete description of the whole property being partitioned — mouza, khatian, dag no., total area, boundaries

Description of each partitioned share — new dag / sub-dag numbers, area, boundaries, plot number

Plan / map attached showing the physical division

Details of any owelty payment where the shares are unequal in value

Warranty from each party that they take their share in full satisfaction of their claim

Undertaking to apply for individual mutation (namjari) after registration

Signatures of all co-owners and two witnesses

Sub-Registrar's endorsement

Frequently asked questions

Can heirs partition inherited property just by oral agreement?

In practice they often do, but it creates severe legal risk. Section 49 of the Registration Act, 1908 bars a court from receiving an unregistered partition-of-title document as evidence of the transaction it purports to effect (the proviso allows limited use in a specific-performance suit and as evidence of a collateral transaction, but the partition itself does not stick) — so the government record continues to show all heirs as joint owners, and any of them can later challenge the arrangement, block a sale by another heir, or claim a portion of a plot the others have built on. A registered partition deed is the only structure that gives each heir a defensible, independent title.

What if one of the heirs refuses to sign the partition deed?

If one heir will not agree, the other heirs cannot force a private partition — but they can file a suit for partition in the civil court. The court will appoint a survey commissioner to divide the property equitably (accounting for owelty where shares are unequal) and pass a decree of partition, which is then registered like a bantonnama. It is a longer route but it is available. In the meantime, none of the heirs can validly sell more than their undivided share.