End of property disputes, sufferings over inheritance

Conflicts among siblings and relatives over inherited property have been a long-standing issue in Bangladesh. Every day, countless civil cases are filed in the country’s courts regarding land ownership disputes. On top of that, errors in various land surveys and documentation frequently cause further harassment. However, final settlements often take years, if not decades. To address such prolonged disputes and reduce family conflicts over inheritance, the government has amended the Inheritance Law. According to the Ministry of Law, Justice, and Parliamentary Affairs, the amended law will come into effect on September 7.

Ministry sources said that although the requirement for a registered partition deed (Apash Bontonama Dalil) was first introduced in 2004, its application has been very limited. Many families have been dividing land verbally or on plain stamp paper, which later created severe legal complications. To resolve this problem and ensure transparency, the caretaker government has amended the Civil Inheritance Law. Under the new provisions, a registered partition deed is mandatory; verbal partition is invalid; and selling or gifting one’s share of inherited property without the consent of other heirs will be considered illegal and punishable.

According to the new amendments, any division of inherited property must now be carried out in the presence of all co-heirs at the registry office, and only through a registered partition deed. Verbal divisions will no longer be legally valid, and there will be no scope for later revisions of such deeds. Without a registered partition deed, no heir will be able to mutate land in their own name or sell, donate, or transfer it in any manner. Anyone violating this law by buying or selling property without a deed will face punishment under the Land Crimes Prevention and Remedy Act, 2023. The revised law also empowers the authorities to take punitive action against offenders. Additionally, to prevent misunderstandings and fraud regarding land tax, mutation, and possession, the government will take initiatives to raise public awareness.

One of the longest-standing problems faced by landowners in the country has been errors in land records (khatian). Because of these mistakes, many landowners cannot fully establish their ownership. Sometimes, inheritance shares are also recorded incorrectly, forcing families to run from court to court for years. According to the Law Commission, with the amended law, landowners will no longer need to file civil cases to correct mistakes in records. Instead, the responsibility of correction has been entrusted to the Assistant Commissioner (Land) and other responsible officials at the district and upazila levels.

In the past, errors were often found in different surveys such as CS, SA, RS, BS, BRS, and city surveys, involving spelling mistakes in names, share boxes, plot numbers, or land measurements, making ownership unclear. Under the new amendments, landowners can directly apply to the AC (Land) for corrections. In cases where ownership has been wrongfully transferred, individuals may still seek restoration of their rights through the court. This initiative is expected to resolve long-standing problems, reduce costs, and save landowners from years of legal hassle. The amended law will be fully implemented from September 7.

Speaking on the matter, Barrister Badruddoza Badol, a senior Supreme Court lawyer specializing in civil law, said “Families whose ancestral lands have not yet been lawfully partitioned will be most affected by this amendment. Under the new rules, such undivided property cannot be sold or gifted without first completing a registered partition deed in the presence of all heirs. This will not only ensure transparency but also prevent disputes for future generations.”

Senior Supreme Court lawyer Barrister Mostafizur Rahman Khan said “The amended inheritance law is very timely. It makes partition deeds mandatory and invalidates verbal divisions. Also, if errors are found in CS, SA, RS, BS, BRS, city surveys, or other analog records—such as mistakes in names, share boxes, plot numbers, or land measurements—they can be corrected directly by applying to the AC (Land). There will be no need for civil cases and no waiting for years to get justice.”

Attorney General Mohammad Asaduzzaman said “The revised law will play a crucial role in reducing long-standing family disputes and case backlogs over land. Once property is divided through a registered deed, ownership shares will be legally clear, leaving no scope for fraud or forged documents. However, those who are still enjoying inherited property without completing a registered partition deed must come under the legal process quickly. Otherwise, they may face severe complications in the future, and no one will be spared from lengthy legal entanglements.”