Raisul Islam Sourav
Registration of all sorts of deed relating to transfer of immoveable property is mandatory after July 1, 2005 by amending the hundred years old registration law of the country. Hence, in the eye of law, an unregistered document has no legal effect and no one can claim any right on the basis of it.
Moreover, no court of law will admit any unregistered instrument as an evidence. Consequently, an unregistered document may create complexity and one may lose his/her rights over their properties only for non-registration.
So, all deeds of sale, gift, mortgage, partition, contract for sale, exchange and lease need to be duly registered at the office of the Sub-registrar under the jurisdiction of which the property is situated. Likewise, registration of moveable property is necessary to secure proprietary rights but not always obligatory.
Procedure for getting registration
Apart from a sale deed, registration of a contract for sale deed (Bainanama) is also mandatory. A contract for sale deed must be registered within 30 days from the date of its execution. After completion of all requirements to register and fulfilling the conditions of contract for sale deed, the sale deed has also to be registered within three months from the date of execution. There is no scope to register after lapse of this stipulated time. However, a defaulter may appeal to the district registrar for registration after showing proper cause of delay.
Before presenting the documents to register, one has to scrutinise all necessary papers relating to the property cautiously and identifies the title, ownership, possession etc over the property of the transferor. Now, it is essential to submit an affidavit by the transferor in this regard. The next thing to do is to draft the deed properly. It is very important for both the transferor and the transferee to set up their rights and liabilities in the deed appropriately. Usually, some professionals draft the deed and the transferee depends on them so much so that he/she does not even care to read/check it.
In reality, the contents of the deed will determine the rights and liabilities of the parties. Hence, it is crucial to set up the rights and duties of the parties clearly, legibly and specifically.
In addition, it is very important to draft the deed legibly so that there arises no confusion to determine the rights and liabilities. However, some laws, eg the Specific Relief Act permits to correct/amend or even cancel the deed after the execution and registration of a defective deed through the court. But the process is complex, time consuming and expensive.
Now, to transfer an immoveable property the parties will have to affix there attested photos on the deed and appear physically before the registry office. Moreover, in case of sale, the transferor will provide detailed information and history about the chain of ownership for the last 25 years. Furthermore, he/she will explain the way by which he/she acquires the right to transfer and submit all original papers, records of rights (khatiyans) etc relating to the property. If the property is situated in more than one sub-registrar’s jurisdiction then the registration may be done in any of the place or places at which larger portion of the property is situated.
A receipt will be given at the time of registration which has to be showed while collecting the registered document. Therefore, it is important to preserve your receipts carefully. Everyone should take a copy of registered deed after completion of the whole process and examine the papers thoroughly. In case there remains any discrepancy, one has to inform the sub-registrar and apply for correction.
If the parties are unable to present physically before the Sub-registrar’s office, the concerned officer will come to the convenient place to register the document. It is necessary to remember that a deed is being effective from the date of execution and not from the date of registration. If anybody executes a deed in foreign state, the deed will have to be registered within four months of the document holder’s arrival in Bangladesh. The language of the deed may have to be translated for the convenience of the registrar.
Sometimes parties show less value than the original in the deed to avoid fees and taxes which may create obstacles to get proper legal protection. Do not take aid from any unauthorised person to register your property. In reality, there are a lot of middlemen or touts who may ask you to appoint them for money to do your registration promptly. It may affect adversely and it is also prohibited under the Registration Act.
Registration fees
The registration fee for contract for sale deed may vary depending upon the value of the property. The fee is Tk500, if the value of the immoveable property is less than Tk500,000. It is Tk1,000, if the value is between Tk500,000-5,000,000 and it is Tk2,000, if the value of the property is more than Tk5,000,000.
In case of a mortgage deed the registration fee depends upon the mortgage amount. If the amount is less than Tk500,000, then the amount of fee will be 1% of total mortgage money, but the amount must not be less than Tk200 and not more than Tk500. If the amount is between Tk500,000-2000,000, then the fee will be 0.25% of total amount, but not less than Tk1,500 and not more than Tk2,000. If the amount exceeds Tk2,000,000 then the fee will be 0.10% of total amount which will not be less than Tk3,000 and not more than Tk5,000.
If it is a gift/heba (heba is for Muslims only) deed which is executed between husband-wife, parents-children, grandfather-grandmother, brother-sister, grandfather/grandmother-grandson/granddaughter then the fee is Tk100 only and for rest of the cases the fee is same as sale deed.
In case of partition deed, the registration fee is Tk500 if the market price of the property is within Tk300,000. If the value of the property is between Tk300,000-1,000,000, the fee will be Tk700. If the value is between Tk1,000,000-3,000,000, the fee is Tk1,200 and if the value is between Tk3,000,000-5,000,000, the fee will be Tk1,800. However, in this case the highest amount of fee is Tk2,000 when the market price of the property exceeds Tk5,000,000.
- See more at:
http://www.dhakatribune.com/juris/2014/may/14/register-your-deeds-secure-your-property#sthash.Fzm8L7dV.dpuf
