Work out the family tree and shares

Every partition suit in Bangladesh starts with the genealogy. The lawyer traces the land from the recorded owner down to every living heir and purchaser, and calculates each share under the applicable personal law, for example Muslim faraiz rules or the Dayabhaga school for Hindus. All transfers by co-sharers since the owner's death must be traced as well. Errors here are the main reason suits are delayed or dismissed for defect of parties. The family can still agree a division at this stage.

Where: Family and co-sharers · Time: 2-8 weeks · Law: Muslim Personal Law (Shariat) Application Act 1937; Order I rule 3 CPC · Documents: Death certificates, Warish (heirship) certificate, Family tree chart, Deeds of any co-sharer who sold a share

Tip: Include daughters, widows and heirs living abroad. A missing co-sharer can come back years later and undo the decree as not binding on them.

Try an amicable partition by registered deed

Heirs can divide inherited land without going to court. Section 143B of the State Acquisition and Tenancy Act says heirs shall amicably partition the property after the owner's death. They do this through a partition instrument signed by all of them and registered under the Registration Act 1908, after which the Revenue-officer revises the khatian. Stamp duty and registration fees apply, so check the current schedule. An unregistered family arrangement may be argued in a later suit but is weaker evidence.

In districts notified under the Legal Aid Services law as amended in 2025-26 (12 at first, not Dhaka), a partition dispute within a Civil Judge's limit must first go to mediation at the District Legal Aid Office.

Where: Family and co-sharers · Time: 1-3 months · Law: s.143B State Acquisition and Tenancy Act 1950; Registration Act 1908; Stamp Act 1899; Legal Aid Services Act 2000, as amended in 2025-26 (pre-case mediation in notified districts) · Documents: Draft partition deed (batwara dalil), Khatians and title deeds, National ID of all parties, Plot-wise map of the agreed division

Collect land records and value the property

The lawyer obtains certified copies of every khatian, from CS and SA through RS and BS or city survey, plus mouza maps, mutation records and tax receipts for all the joint plots. These show which plots are joint and who is recorded. The plaintiff also needs a reasoned valuation of the property for the plaint, because the stated value decides which court has jurisdiction and where appeals go. Survey errors in the khatian may need a separate Land Survey Tribunal suit.

Where: AC Land office and record room · Time: 2-6 weeks · Law: s.143 State Acquisition and Tenancy Act 1950; Suits Valuation Act 1887; ss.18-19 Civil Courts Act 1887 · Documents: Certified khatians and mouza maps, Mutation khatian and DCR, Land development tax receipts, Valuation information (sub-registry mouza rate, recent sales)

File the plaint in the right court

The plaint sets out the genealogy, how each party got their share, the schedule of all joint properties, and a prayer for a preliminary decree declaring the plaintiff's share (saham) and a final decree allotting it. Every co-sharer must be a defendant. The forum depends on the value stated. Since 2021, a Civil Judge hears suits up to Tk 15 lakh and a Senior Civil Judge up to Tk 25 lakh, with higher values going to a Joint District Judge. These titles replaced Assistant and Senior Assistant Judge from November 2025.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 1-2 weeks · Law: Order VII rule 1 CPC; s.16 CPC; ss.18-19 Civil Courts Act 1887; s.7(vi A) and Schedule II Court-fees Act 1870 · Documents: Plaint with genealogy and land schedule, Court fee, Vakalatnama, Copies of khatians and deeds

Tip: Include all the joint property in one suit. Courts generally dislike partial partition, and a suit covering only some plots can be dismissed or have to be amended.

Summons to every co-sharer

The court issues summons to all defendants. After the 2026 CPC amendment, service can be effected by court process, registered post, courier and electronic means such as SMS and messaging apps, and the court may let the plaintiff serve summons personally. Heirs abroad and minors need special care. A guardian ad litem must be appointed for any minor defendant. Where a co-sharer dies during the suit, their heirs must be substituted within the time limit, or the suit may abate against them.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 1-6 months · Law: Order V rules 9-9A CPC; Order XXXII CPC; Order XXII CPC · Documents: Process fees, Correct addresses and phone numbers, Application for guardian for minors, Substitution application on a death

Written statements and defendants' own saham

Defendants file written statements. In a partition suit, every party is effectively both plaintiff and defendant. A defendant can ask the court to allot their own separate share (saham) and usually pays court fee for it. Typical defences are that the land was already partitioned by an amicable arrangement or separate possession, that a co-sharer has lost rights by adverse possession, or that some plots are not joint at all.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 1-4 months · Law: Order VIII rules 1-5 CPC; art.127 and art.144 Limitation Act 1908 · Documents: Written statements, Petition for separate saham with court fee, Documents of earlier amicable partition, if any

Mandatory mediation under section 89A

After written statements are filed, the court must try mediation or refer the dispute to the parties' lawyers, the Legal Aid Officer or a panel mediator. The parties name the mediator within 10 days, and mediation must finish within 60 days, extendable by 30. Partition disputes are well suited to settlement because families can agree who takes which plot. A settlement is written up and signed, and the court passes a compromise decree under Order XXIII. If mediation fails, the suit resumes.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 2-3 months · Law: s.89A(1)-(8) CPC; Order XXIII rule 3 CPC · Documents: Mediation reference order, Settlement agreement with plot-wise allotment, Mediator's report

Tip: Attach a sketch map to any settlement. Agreements that say 'eastern half' without plot numbers and measurements cause fresh disputes at execution.

Issues and interim protection

If there is no settlement, the court frames issues. Typical issues are whether the suit is properly constituted with all co-sharers, whether the property is joint, what each party's share is, and whether there was an earlier partition. While the suit is pending, a party may seek a temporary injunction to stop construction, sale or changes to the land that would make division harder. A status quo order is common.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 1-6 months · Law: Order XIV CPC; Order XXXIX rules 1-2 CPC; s.151 CPC · Documents: List of issues, Injunction petition with affidavit, if needed

Evidence on title, shares and possession

The plaintiff proves the genealogy, the chain of title, the khatians and possession through family members, neighbours and documents. Defendants prove any amicable partition, purchase or exclusive possession they rely on. Because the court decides everyone's share, each party's evidence affects all the others. The court may appoint a commissioner for a local investigation if the identity of plots is disputed. Evidence in a partition suit in Bangladesh often takes the longest of all the stages.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 6-24 months · Law: Order XVIII CPC; Order XXVI rule 9 CPC; Evidence Act 1872 · Documents: Exhibited deeds, khatians and maps, Warish certificate, Tax receipts and possession evidence, Local investigation report, if ordered

Preliminary decree declaring the shares

After hearing arguments, the court gives judgment. If partition is due, it passes a preliminary decree declaring the rights and share of every party and directing partition by metes and bounds. A decree is preliminary when further proceedings are needed before the suit is fully disposed of. This decree is appealable and should be appealed now if it is wrong. Under s.97 CPC, a party who does not appeal the preliminary decree cannot dispute it later in an appeal against the final decree.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 1-3 months after evidence · Law: s.2(2) CPC; Order XX rule 18(2) CPC; s.97 CPC · Documents: Certified copy of judgment and preliminary decree

Tip: Diarise the appeal deadline from the preliminary decree. Waiting for the final decree before complaining about the shares is the most expensive mistake in this process.

If division is impractical: sale under the Partition Act

Where the nature of the property, the number of sharers or some other special circumstance means division cannot reasonably be made, the court may order a sale. It must be asked by shareholders holding half or more, and must find a sale more beneficial. Another sharer may then buy those shares at a court valuation. A family member can buy out an outsider who has bought into a family dwelling-house. Sales carry a reserve price, and the order counts as a decree.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 3-12 months · Law: ss.2-4 Partition Act 1893; ss.6-9 Partition Act 1893 · Documents: Application under s.2 or s.3 Partition Act, Valuation report, Sale proclamation

Advocate Commissioner divides the land

On an application for a final decree, the court issues a partition commission, usually to an Advocate Commissioner, with a survey-knowing assistant. The parties deposit the commission fees. The Commissioner gives notice, visits the land, measures it, divides it into the shares fixed by the preliminary decree and allots them. Where the court authorises it, the Commissioner can award payments to equalise values. If the land pays revenue as an undivided estate, s.54 CPC sends the partition to the Collector instead.

Where: Advocate Commissioner on the land · Time: 3-6 months · Law: Order XXVI rules 13-14 CPC; Order XXVI rules 15-18 CPC; s.54 CPC · Documents: Commission order and writ, Deposit of commission fees, Field book and sketch map, Notices to parties

Commissioner's report, objections and final decree

The Commissioner files a report and map, within the time fixed by the court, showing each allotment by metes and bounds. Parties can object, for example that a share is lower-value land or blocks access to a road. The court hears objections and confirms, varies or sets aside the report, and if it sets the report aside it issues a new commission. On confirming, it passes the final decree, which is engrossed on stamp paper.

Where: Civil court of first instance (Joint District Judge, Senior Civil Judge or Civil Judge) · Time: 3-12 months · Law: Order XXVI rule 14(2)-(3) CPC; Order XX rule 18 CPC; s.2(15) Stamp Act 1899 · Documents: Commissioner's report and map, Objection petitions, Stamp paper for engrossing the final decree

Execution: delivery of possession of each saham

If a co-sharer refuses to vacate the plot allotted to another, the decree-holder files an execution case. The court can deliver possession through its officer, with police help if needed. The 2026 CPC amendment added s.94A, letting the court direct executive and law enforcement agencies to assist and report back. New Order XXI rule 104 lets the decree be executed on an application in the suit record itself. The execution application must generally be made within three years of the final decree or appellate decree.

A partition suit in Bangladesh only pays off once possession is actually handed over.

Where: Advocate Commissioner on the land · Time: 3-18 months · Law: Order XXI rule 35 CPC; Order XXI rule 104 CPC; s.94A CPC; art.182 Limitation Act 1908 · Documents: Execution application, Certified final decree, Sketch map of allotted saham

Mutation and new khatians

Finally, each party applies to the AC Land with a certified copy of the final decree to mutate their allotted plots into separate khatians in their own names, and starts paying land development tax on them. Under s.143 the Collector keeps the record up to date to reflect partitions and mutations. Without mutation, the court division is not reflected in the land records, which causes problems when the owner later sells or mortgages the land.

Where: AC Land office and record room · Time: 1-3 months · Law: s.143 State Acquisition and Tenancy Act 1950 · Documents: Mutation application, Certified final decree and map, National ID, Tax payment receipt