For most families, buying land is the largest purchase they will ever make. It is also one of the riskiest, because a large share of the civil cases in Bangladeshi courts involve land. Almost all of these disputes could have been avoided by checking the papers and the plot properly before paying. Work through this checklist before you hand over any money.

1. Trace the chain of title deeds

Ask the seller for the current title deed and all earlier deeds (called bia deeds) showing how ownership passed from one owner to the next, ideally going back at least 25 years. Each transfer should connect to the next without gaps. Obtain certified copies from the Sub-Registry office and compare them with the seller's copies.

2. Check the record of rights (khatian)

Collect the khatians from the successive surveys, such as CS, SA, RS and BS or City Survey, depending on the area. Confirm that:

• the seller's name, or their predecessor's name, appears in the records;
• the plot (dag) number and land area match the deed;
• the land is correctly classified, for example as homestead or agricultural land.

Many khatians can now be checked on the government land services portal.

3. Confirm mutation and land tax

The seller should have a mutation (namjari) khatian in their own name, with the duplicate carbon receipt (DCR), and up-to-date land development tax receipts. Under the Transfer of Property Act, a sale deed generally cannot be registered unless the seller's name is in the latest khatian, except where the seller acquired the land by inheritance.

4. Check for encumbrances

• Search the Sub-Registry records for earlier sales, mortgages, baina agreements or powers of attorney affecting the plot, and obtain a non-encumbrance certificate where available.
• Ask whether the land is mortgaged to a bank. If the original deed is not with the seller, find out why.
• Check for pending court cases through the local civil court and by asking neighbours.

5. Make sure it is not government or restricted land

Confirm with the AC Land and Deputy Commissioner's offices that the plot is not khas land, vested property, abandoned property, forest land or land under acquisition for a government project. In city areas, also check with the development authority (such as RAJUK in Dhaka) whether the land falls within a road, a flood flow zone or another restricted use under the master plan.

6. Inspect the land physically

• Visit the plot more than once and at different times.
• Have a licensed surveyor measure it against the mouza map.
• Confirm who is actually in possession and whether there are tenants or occupants.
• Talk to neighbours about the boundaries, access road and any known disputes.

7. Verify the seller

• Match the seller's National ID with the name on the deed and khatian.
• If the land was inherited, check the succession (warish) certificate and make sure all heirs are signing or have validly given up their shares.
• If someone is selling under a power of attorney, confirm that it is registered, covers the power to sell and has not been revoked, and that the owner is alive.
• For a minor's property, court permission is normally needed.

8. Register the baina (agreement for sale)

If you pay an advance, sign a written agreement for sale. Under the Registration Act, a contract for sale of immovable property must be registered, and it must be presented for registration within 30 days of signing. An unregistered baina gives you very weak protection. The agreement should state the price, the amount paid, the deadline for completing the sale and what happens if either side defaults.

9. Register the sale deed

A sale of land is complete only when the sale deed (saf kabala) is registered at the Sub-Registry office for the area. Pay the price through banking channels where possible and keep the receipts. The buyer usually bears the registration costs, which include stamp duty, registration fee, local government tax and taxes collected at source. The total rate varies by location and type of land, so ask the Sub-Registry office or a deed writer for the current figure.

10. After registration

1. Collect the registration receipt and later the original registered deed.
2. Apply for mutation in your own name without delay.
3. Start paying land development tax in your name.
4. Take physical possession and mark the boundaries.

Warning signs

• A price far below the market rate
• Pressure to pay quickly or in cash
• Only photocopies of documents, with excuses about the originals
• A seller who is not in possession of the land
• Mismatch between the area in the deed, the khatian and the ground

This article is for general information only and is not legal advice. Have a property lawyer examine the documents before you sign or pay anything. You can find property law practitioners on Ukilpara.com.