Real Estate Disputes in Bangladesh

by Barrister Tahmidur Rahman | Sep 11, 2026

Disputes & ArbitrationProtecting land, title and possession8 min read

Real Estate Disputes in Bangladesh

Real estate disputes over land title, possession, developer agreements, apartment handover, commercial leases and land grabbing, handled for owners, investors, developers, banks and non-resident Bangladeshis by Dhaka litigators who also understand the transactions behind the dispute. We explain your options, the evidence needed and likely costs from the first meeting.

Overview

How we approach real estate disputes in Bangladesh

Land in Bangladesh is valuable, scarce and often recorded across several overlapping documents, so real estate disputes are among the most common and the most stubborn matters our courts hear. We act for landowners, developers, apartment buyers, investors, lenders and non-resident Bangladeshis in disputes over title, possession, joint development agreements, construction delays, leases and fraudulent transfers. Our work starts with the documents and the ground position, not with a court filing, because the right first step depends on both. This practice sits within the firm's dispute resolution practice in Bangladesh. Early advice often avoids a suit.

Most real estate disputes begin with a gap in the paper trail. Survey records such as the CS, SA, RS and BS khatians may not match each other, mutation may not have followed a registered deed, an inheritance may never have been formally partitioned, or a power of attorney may have been used beyond its terms. We trace the chain of title through the record of rights, registered deeds, mutation records and tax receipts, and we identify where the weakness lies before advising whether to sue, defend, negotiate or regularise the position. Strategy follows from that diagnosis.

The legal framework draws on several statutes, including the Transfer of Property Act 1882, the Registration Act 1908, the Specific Relief Act 1877, the State Acquisition and Tenancy Act 1950, the Premises Rent Control Act 1991, the Real Estate Development and Management Act 2010 and the Land Crime Prevention and Remedy Act 2023. Civil suits run under the Code of Civil Procedure 1908. Some matters belong in the Land Survey Tribunal, some in civil courts and some before the executive magistracy, and choosing correctly saves years. We also consider limitation, which can bar real estate disputes brought late.

Adv Syed Wahid, our founding partner, leads our real estate litigation, supported by a team experienced in title suits, injunctions, partition, declarations, cancellation of deeds and recovery of possession. Barrister Tahmidur Rahman advises where a dispute arises from an investment, joint venture or financing structure. For overseas clients, we work with counsel in the UK, US, UAE and elsewhere to arrange powers of attorney, evidence and instructions without the client needing to travel repeatedly. Our real estate team handles any related transaction work. That combination helps keep real estate disputes and transactions consistent.

Real estate disputes rarely end with a single judgment. Decrees must be executed, possession recovered, records corrected and sometimes appeals defended in the High Court Division and the Appellate Division. We plan for this from the start, so that interim orders, evidence and pleadings support the final remedy the client actually needs. Pre-case mediation under the Legal Aid Services (Amendment) Act 2026 is being introduced for certain disputes by district, and we advise on whether it applies and how to use it constructively where a negotiated outcome is realistic. Settlement terms are drafted to be enforceable.

01 · What we handle

Core workstreams

  • Title and declaration suits
  • Developer and landowner conflicts
  • Apartment buyer claims
  • Land grabbing and dispossession
02 · How it runs

Four clear stages

  1. 01Document and site review
  2. 02Forum and strategy
  3. 03Protective steps
  4. 04Trial, execution, settlement
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

What we handle

Workstream 01Disputes & Arbitration

Title and declaration suits

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
Workstream 02Disputes & Arbitration

Developer and landowner conflicts

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
Workstream 03Disputes & Arbitration

Apartment buyer claims

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
Workstream 04Disputes & Arbitration

Land grabbing and dispossession

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
Workstream 05Disputes & Arbitration

Commercial lease disputes

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
Workstream 06Disputes & Arbitration

Partition and inheritance disputes

  • Document and site review
  • Forum and strategy
  • Protective steps
  • Trial, execution, settlement
01

Title and declaration suits

We bring and defend suits for declaration of title, confirmation of possession and cancellation of forged or void deeds. We examine the chain of title from the earliest survey record, identify conflicting entries and gather certified copies, mutation papers and witness evidence. Where record of rights entries are wrong, we advise on correction through the appropriate tribunal or office, which can sometimes resolve the dispute without a full civil suit. Accurate pleadings at this stage shape the whole case.

02

Developer and landowner conflicts

Joint development agreements between landowners and developers are a frequent source of real estate disputes in Dhaka and Chattogram. We advise on delays, abandoned projects, disputes over the allocation of flats, unauthorised sales, unpaid signing money and termination. We review the agreement, any registered power of attorney and the approved plans, and we consider arbitration, injunctions, cancellation of the power of attorney and claims for compensation. We also act for developers defending such real estate disputes.

03

Apartment buyer claims

Buyers of apartments and commercial space often face delayed handover, changes to the approved design, missing common facilities, or refusal to register the flat and the undivided share of land. We advise individual buyers and buyer associations on remedies under the sale agreement, the Real Estate Development and Management Act 2010 and general law, and we act for developers responding to such claims in a measured, documented way. Early, documented complaints usually achieve more than public pressure.

04

Land grabbing and dispossession

Where land has been occupied unlawfully, fenced off or sold using forged documents, speed matters. We advise on criminal complaints, proceedings under the Land Crime Prevention and Remedy Act 2023, applications to the executive magistracy and civil suits for injunction and recovery of possession. We coordinate surveyors and photographic evidence to record the ground position early, before it changes and the dispute becomes harder to prove. Prompt action also discourages further sales to innocent buyers.

05

Commercial lease disputes

We act for landlords and tenants of offices, factories, warehouses and retail premises in disputes over rent, renewal, eviction, deposits, fit-out costs and dilapidations. Some residential and smaller premises are affected by the Premises Rent Control Act 1991, while larger commercial leases depend mainly on contract. We review the lease, its registration and stamp position and the parties' conduct before advising on notice, negotiation or proceedings. We also advise on real estate disputes arising from sale-and-leaseback structures.

06

Partition and inheritance disputes

Many real estate disputes arise inside families when inherited land is never formally divided, or one heir sells more than a fair share. We handle partition suits, pre-emption claims, disputes over gifts and wills, and challenges to sales made without the consent of co-sharers. We work closely with clients who live abroad, and we look first for a structured settlement where relationships and the land can both be preserved. Survey evidence is often decisive.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Disputes & Arbitration matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

Someone has occupied my land while I live abroad. What should I do first?

Act promptly and record the position. Ask a trusted person to photograph the site, note any new boundary walls or structures and collect copies of your deed, khatian, mutation record and tax receipts. Do not confront occupiers yourself, as that can escalate matters. We then assess whether to file a criminal complaint, seek an urgent injunction, apply under the Land Crime Prevention and Remedy Act 2023 or bring a civil suit for recovery of possession. A properly drafted power of attorney allows us to proceed without your repeated travel to Bangladesh.

02

How long do real estate disputes take in Bangladesh courts?

It varies widely. An urgent injunction application can be heard within days or weeks, but a contested title suit can take several years at first instance, and appeals add further time. Delay is one of the main costs of real estate disputes, so we look for ways to narrow the issues, obtain useful interim orders and use mediation or negotiation when the other side has a genuine interest in settlement. We give clients a realistic picture at the start rather than an optimistic timetable. Early, accurate pleadings help keep the case moving. We also report progress at every hearing.

03

The developer has not handed over my flat. Can I cancel and get my money back?

Possibly, but it depends on the sale agreement, the payments made, the reasons for delay and whether the project is likely to be completed. Many agreements contain a handover date, a grace period and a compensation clause, and some require arbitration first. We review the documents, the project's approval status and the developer's position, then advise whether to press for completion, negotiate compensation or seek a refund. Collective action through a buyers' group can sometimes add useful leverage in real estate disputes of this kind. We also check the developer's other liabilities.

04

My khatian shows someone else's name. Does that mean I have lost title?

Not necessarily. Record of rights entries are important evidence of possession and title, but they do not by themselves create ownership, and errors are common, particularly between successive surveys. The answer depends on the registered deeds, the chain of inheritance and who actually possesses the land. Some errors can be corrected through the Land Survey Tribunal or by application to the land office. We identify the right forum early, because many real estate disputes are made more difficult by filing in the wrong place. Correcting it can strengthen your position in later real estate disputes.

05

Can a landowner cancel a joint venture agreement with a developer?

Sometimes. A landowner may have grounds where the developer has failed to start or complete work within agreed periods, breached payment obligations or sold flats beyond its allocation. But termination must follow the agreement and the law, and any registered power of attorney given to the developer needs separate attention. A poorly handled termination can expose the landowner to a counterclaim. We review the agreement, the construction status and third-party buyers' rights before recommending a route, which may include arbitration or a suit. Third-party buyers often complicate real estate disputes of this type.

06

What interim relief is available in real estate disputes?

Courts can grant temporary injunctions restraining transfer, construction or dispossession while the case proceeds, and in some circumstances can appoint a receiver or order the status quo to be maintained. To obtain an injunction, the applicant generally needs to show a prima facie case, a risk of irreparable harm and that the balance of convenience favours relief. Clear documents and prompt action make a significant difference. We also consider registering a notice of the dispute with relevant offices to discourage further transfers. Relief is discretionary, so candour with the court is essential.

07

Does the Commercial Courts Act 2026 affect property cases?

The Commercial Courts Act 2026 creates a specialised forum for defined commercial disputes. Whether a particular property matter falls within it depends on the nature of the claim, the parties and the definitions in the Act, which should be checked against the facts. A dispute about a commercial lease, a construction contract or an investment in a development may be treated differently from a family partition suit. We assess jurisdiction at the outset, because filing in the correct court avoids transfers and delay later. We keep this under review as the new courts begin work.

08

Can arbitration be used for real estate disputes?

Yes, where the parties have agreed to it and the dispute is of a kind that can be arbitrated. Developer agreements, commercial leases and investment documents often contain arbitration clauses, and the Arbitration Act 2001 governs the process. Disputes about title that affect third parties, or matters reserved to particular courts or tribunals, are less suited to arbitration. We advise on whether a clause applies, whether to rely on it or challenge it, and how an award would later be enforced against the land or the other party. Check the other party's assets and title records before starting.

How a matter runs

From first call to resolution.

  1. 01

    Document and site review

    We collect deeds, khatians, mutation papers, tax receipts, agreements and correspondence, and we arrange a site visit or survey where needed, so that the strengths and weaknesses of the title and possession are clear. Missing or inconsistent documents are listed straight away, so they can be traced before the next stage.

  2. 02

    Forum and strategy

    We identify the right forum, whether civil court, tribunal, magistracy, arbitration or mediation, and set out the remedies sought, the evidence required, a realistic timetable and the likely cost of each route. You then decide which route to take, with the risks and costs of each explained plainly.

  3. 03

    Protective steps

    Where there is a risk of transfer, construction or dispossession, we apply for interim relief and send formal notices, so that the property position is preserved while the substantive real estate dispute proceeds. We also record any breach of the interim order and return to court promptly if it is ignored.

  4. 04

    Trial, execution, settlement

    We prepare evidence and witnesses, conduct the hearing, and then execute the decree or settlement, including recovery of possession, correction of records and registration, until the client's position is secure. We then confirm that the land records reflect the outcome.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

What documents prove land ownership in Bangladesh?
There is no single document. Ownership is usually shown by a combination of registered deeds, the chain of earlier deeds or inheritance, record of rights entries such as khatians, mutation records, and land development tax receipts. Physical possession is also relevant evidence. In real estate disputes, courts look at the whole chain, so missing links should be identified and, where possible, filled before proceedings begin, rather than during cross-examination at trial. We review the full set at the first meeting.
Can I handle real estate disputes in Bangladesh from abroad?
Yes. Many of our clients live in the UK, the US, the Middle East or elsewhere. A power of attorney executed abroad and properly authenticated allows a trusted representative or our team to take steps on your behalf. You may still need to give evidence at some stage, and we plan for that, including arranging attendance in person when it is genuinely necessary and keeping you informed at each hearing. Remote management of real estate disputes is routine for us.
What is a title suit?
A title suit is a civil suit in which the plaintiff asks the court to declare that they own the property, often with further relief such as confirmation or recovery of possession, cancellation of a deed or a permanent injunction. It is the main court route for contested ownership. The suit must be framed carefully, with the correct parties, valuation and court fees, to avoid technical objections that delay the hearing on the merits. Title suits are the most common real estate disputes in the civil courts.
Is mediation required before filing real estate disputes?
The Legal Aid Services (Amendment) Act 2026 introduces mandatory pre-case mediation for certain disputes, and it is being rolled out district by district. Whether it applies depends on the type of claim and the district where it would be filed. Even where it is not required, mediation can be useful in family land disputes and developer conflicts where both sides want the project or the relationship to continue. We prepare clients so that the session is productive.
What is the Land Crime Prevention and Remedy Act 2023?
It is a statute aimed at offences such as land grabbing, fraudulent transfers and forgery of land documents, and it provides for remedies and penalties in addition to ordinary civil proceedings. It can be a useful tool where land has been taken by force or fraud. Using it effectively requires good evidence and a clear understanding of how it sits alongside civil suits and existing criminal law. We advise on using it alongside civil remedies in real estate disputes.
Can a bank be involved in a property dispute?
Yes. Where property is mortgaged, the lender's rights under the mortgage and the Artha Rin Adalat Ain 2003 may affect any dispute between owners, buyers or developers. We act for lenders and borrowers in these situations, and we check the mortgage position early, because a lender's claim can change the commercial value of winning a title or possession case and affect the realistic settlement range. Lenders can also be useful settlement partners.
How much do real estate disputes cost to litigate?
Costs depend on the forum, the number of parties, the complexity of the title and how strongly the other side contests the claim. Court fees for some suits depend on the value of the property. We give an estimate at the outset, broken down by stage, and we look for steps that reduce the overall cost, such as narrowing the issues, using interim orders well or exploring settlement at the right moment. Real estate disputes are budgeted stage by stage.
How do I start with TRW?
Contact our Dhaka office with a short summary of the property, the problem and copies of the key documents you have. We will review them, identify any urgent steps, such as protecting against a transfer or construction, and propose a plan. For clients overseas, we can usually complete the first review by video call and email, and then arrange a site inspection through our local team. First steps in real estate disputes are often the most important.

Protect your property position before it changes.

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