Real Estate Transactions in Bangladesh

by Barrister Tahmidur Rahman | Sep 8, 2026

Projects & Real EstateClean title, safe completion8 min read

Real Estate Transactions in Bangladesh

Real estate transactions advice for buyers, sellers, investors, lenders and companies in Bangladesh, covering title due diligence, agreements for sale, sale deeds, registration, mutation, commercial leases and portfolio acquisitions, so that property changes hands with clear title, correct costs and fewer surprises after completion.

Overview

How real estate transactions work in Bangladesh

Buying or selling property in Bangladesh is document-heavy and unforgiving of shortcuts. Title rests on a chain of registered deeds, survey records and mutation entries that may stretch back decades, and defects in any link can surface years later as a dispute. Forged documents, multiple sales of the same land, undisclosed heirs and pending litigation remain real risks. We advise on real estate transactions for individuals, families, companies, investors and lenders, from first enquiries to registration and mutation, as part of our real estate and projects practice in Bangladesh, with careful diligence at every step.

The Transfer of Property Act 1882 and the Registration Act 1908 govern transfers and their registration, the Stamp Act 1899 sets duty, and land tenancy laws govern rights in agricultural and non-agricultural land, including pre-emption claims by co-sharers and neighbours in some cases. Agreements for sale must be registered, and recent laws address land crimes, land development tax and digital records. Survey records for real estate transactions, known as khatians from the CS, SA, RS and city surveys, and mutation records in the land offices, are central to confirming who holds title and who is liable for land tax.

Due diligence is the core of our work. We trace the chain of title through registered deeds and certified copies, compare it with survey and mutation records, check land development tax payments, search for litigation, acquisition notices, khas or vested property claims and encumbrances, and confirm possession and boundaries on the ground. For flats, we also review the developer's title, joint venture agreement, approvals and handover position. Our report explains each risk in plain terms and recommends what should be fixed before completion, what can be covered by contract, and when a buyer should walk away from the deal.

Completion of real estate transactions requires precise documents and process. We draft and negotiate the agreement for sale, often called a baina deed, and the sale deed, calculate registration fees, stamp duty, source tax and local government taxes, and coordinate execution and registration at the sub-registry office. After registration, we pursue mutation in the buyer's name and update land development tax records. For commercial real estate transactions, we handle leases, sale and leaseback, portfolio acquisitions and share deals involving property-owning companies, aligning corporate approvals, tax and registration so that the buyer obtains what it is paying for.

Many clients are non-resident Bangladeshis or foreign investors. Non-resident buyers and sellers can often act through a registered power of attorney executed abroad, and we coordinate the formalities. Foreign individuals face restrictions on holding land directly, so foreign investors usually acquire property through a Bangladesh company, with approvals depending on the structure and use. When transactions go wrong, our litigation team handles title suits, cancellation of deeds, specific performance and injunctions, and the firm is ranked by The Legal 500 Asia Pacific for dispute resolution in Bangladesh. To discuss a purchase or sale, please contact our Dhaka office.

01 · What we handle

Core workstreams

  • Title and due diligence reports
  • Agreements for sale and sale deeds
  • Registration, costs and mutation
  • Commercial property and portfolios
02 · How it runs

Four clear stages

  1. 01Investigate the title
  2. 02Agree the terms
  3. 03Complete and register
  4. 04Record and protect
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

Our real estate transactions services

Workstream 01Projects & Real Estate

Title and due diligence reports

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
Workstream 02Projects & Real Estate

Agreements for sale and sale deeds

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
Workstream 03Projects & Real Estate

Registration, costs and mutation

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
Workstream 04Projects & Real Estate

Commercial property and portfolios

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
Workstream 05Projects & Real Estate

Leases and occupational arrangements

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
Workstream 06Projects & Real Estate

Disputes and remedies

  • Investigate the title
  • Agree the terms
  • Complete and register
  • Record and protect
01

Title and due diligence reports

We examine the chain of deeds, certified copies from sub-registry offices, CS, SA, RS and city survey khatians, mutation records, land development tax receipts and court records, and verify possession and boundaries. Our written report rates each risk, explains how it affects value and enforceability, and recommends practical solutions, from obtaining missing documents to contractual protections or a decision not to proceed. Lenders rely on these reports.

02

Agreements for sale and sale deeds

We draft and negotiate agreements for sale, including payment schedules, handover of documents, possession and remedies for default, and ensure they are registered as the law requires. We then prepare the sale deed with accurate schedules and descriptions, and coordinate execution and registration, so that the buyer receives a deed that will stand up to later scrutiny. Careful drafting prevents later disputes in real estate transactions.

03

Registration, costs and mutation

We calculate registration fees, stamp duty, source tax and local government taxes for the specific property and area, arrange payment through the correct channels and attend registration. After registration, we apply for mutation and update land development tax records, because a registered deed without mutation can leave the buyer exposed in later disputes, sales or financing. Mutation completes the transaction in practice.

04

Commercial property and portfolios

For companies and investors, we advise on acquisitions of offices, warehouses, factories, retail space and land banks, including share acquisitions of property-owning companies, sale and leaseback, and portfolio transactions. We coordinate title diligence across multiple sites, corporate and regulatory approvals, tax structuring and completion mechanics, so that large real estate transactions close efficiently and on agreed terms. We also advise on VAT and withholding issues.

05

Leases and occupational arrangements

We draft and negotiate commercial leases for offices, retail, warehouses and industrial premises, covering term, rent, advance, repairs, permitted use, approvals, assignment, subletting, renewal and termination. We advise on registration and stamp duty for leases, and on the interaction between lease terms and fire, factory and trade licence requirements that affect the tenant's ability to operate. Commercial real estate transactions often turn on these lease terms.

06

Disputes and remedies

When real estate transactions fail, we act in suits for specific performance, declaration of title, cancellation of deeds, recovery of possession, injunctions and partition, and respond to pre-emption claims. We also advise on criminal complaints for forgery and fraud where justified, and pursue mediation or negotiated settlements where they offer a faster and more certain outcome for the client. Early advice often preserves valuable rights.

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.

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

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01

What documents should I check before real estate transactions involving land in Bangladesh?

At a minimum, check the seller's registered title deed and the earlier deeds in the chain, certified copies from the sub-registry office, the relevant CS, SA, RS and city survey khatians, mutation records and the mutation khatian in the seller's name, up-to-date land development tax receipts, and the land's physical boundaries and possession. Searches for litigation, acquisition notices and khas or vested property claims are also important. For inherited land, check the succession position of all heirs. We carry out this review and explain the risks before you pay any significant amount to the seller. Never rely on seller photocopies.

02

Does an agreement for sale need to be registered in Bangladesh?

Yes. Agreements for sale of immovable property must be registered, and an unregistered agreement creates serious difficulties if the buyer later needs to enforce it through a suit for specific performance. The agreement should state the price, payment schedule, conditions, timetable for the sale deed, handover of documents and possession, and remedies if either party defaults. Earnest money paid under a weak agreement can be hard to recover. We draft and register agreements for sale and advise buyers and sellers on their rights if the other side refuses to complete. Registration protects both parties in real estate transactions.

03

What costs apply to real estate transactions in Bangladesh?

Typical costs on a property sale include registration fees, stamp duty, local government tax and source tax under income tax law, with rates and bases that depend on the type of property, the location and the declared or minimum value. VAT may apply to certain new flats and commercial units bought from developers. Professional fees for lawyers, surveyors and deed writers are additional. Costs change through budgets and government orders, so we calculate them for the specific property at the time of the transaction and explain who customarily pays each item. Budgeting for these costs early avoids disputes at registration.

04

Why is mutation important after real estate transactions are completed?

Mutation, or namjari, updates the land records in the buyer's name, so that the buyer can pay land development tax, obtain records and show ownership for future sale, mortgage or development. A registered deed transfers title, but without mutation, the records still show the seller, which can cause problems with tax, later transactions and disputes, especially if the seller or his heirs act dishonestly. Mutation is now increasingly handled through digital systems. We apply for mutation promptly after registration and follow up until the updated khatian is issued. Delay in mutation is a common weakness in real estate transactions.

05

How do I protect myself against forged documents and multiple sales?

Thorough diligence is the best protection: obtain certified copies of deeds directly from the sub-registry office rather than relying on photocopies from the seller, compare names, dates and schedules across deeds and survey records, check mutation and tax records, and verify identity and possession. Look out for recent transfers at unusually low prices or powers of attorney with broad sale rights. Register the agreement for sale early. If fraud is discovered, civil and criminal remedies may be available. We conduct these checks and advise on real estate transactions where red flags appear. Speed matters once fraud is suspected.

06

Can a non-resident Bangladeshi buy or sell property from abroad?

Yes, in most cases. Non-resident Bangladeshis can act through a registered power of attorney executed abroad before a Bangladesh mission or notarised and legalised, then registered in Bangladesh within the applicable time. The attorney can then sign agreements, deeds and registration documents. Payments should be routed through banking channels with proper records for tax and foreign exchange purposes. We prepare the power of attorney in suitable form, coordinate the formalities, and handle diligence, negotiation and registration in Bangladesh while keeping the client informed throughout. Non-resident real estate transactions benefit from careful planning of timing and document flow between countries.

07

Can a foreign company buy real estate in Bangladesh?

Foreign individuals face restrictions on holding land directly, and foreign investors usually acquire property through a Bangladesh company, typically for business premises, factories or investment. The approvals and conditions involved depend on the structure, the investor's registration with Invest Bangladesh, the property's location and use, and foreign exchange rules for bringing in funds and repatriating proceeds. Leasing is often simpler than ownership for foreign businesses. We advise foreign investors on the available structures, approvals and tax consequences before they commit to real estate transactions in Bangladesh. Getting the structure right avoids problems on exit and repatriation of sale proceeds.

08

What happens if a co-sharer claims pre-emption after I buy land?

Under Bangladesh land tenancy laws, co-sharers and, in some cases, neighbours may apply to court to pre-empt a transfer of agricultural or non-agricultural land, by depositing the price and statutory compensation within the time allowed. A successful claim can unwind a purchase. Muslim personal law also recognises pre-emption in certain cases. Buyers should identify co-sharers during diligence and consider structuring the transaction to reduce the risk. If a pre-emption case is filed, we review its timing and merits and defend the buyer's position or negotiate a settlement. Prompt action protects the buyer's position in these real estate transactions.

How a matter runs

From first call to resolution.

  1. 01

    Investigate the title

    We collect and review deeds, certified copies, khatians, mutation and tax records and court searches, verify possession and boundaries, and report on risks before the client pays earnest money or signs anything binding in the real estate transactions.

  2. 02

    Agree the terms

    We negotiate and register the agreement for sale, setting out the price, payment schedule, conditions, document handover, possession and remedies, and plan the costs and tax for both buyer and seller so there are no surprises at completion.

  3. 03

    Complete and register

    We prepare the sale deed, calculate and arrange payment of duties and taxes, coordinate execution at the sub-registry office and ensure that the deed is registered correctly with accurate schedules in the correct sub-registry office for the property.

  4. 04

    Record and protect

    We pursue mutation, update land development tax records, secure original documents, and advise on any post-completion issues, including disputes, pre-emption claims or attempts by others to interfere with the property so that the buyer enjoys secure and documented ownership.

“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.

How long do real estate transactions take in Bangladesh?
A straightforward purchase with clean title can often be completed within weeks once diligence is done and the parties agree terms, with mutation following. Transactions involving inherited land, missing documents, developers, mortgages or corporate approvals take longer. We set a realistic timetable after the initial document review and flag issues so that clients can plan payments and financing. Cross-border real estate transactions and portfolio deals involving several sites usually need more time for coordinated diligence and approvals, planned in phases.
What is a khatian, and why does it matter?
A khatian is a record of rights prepared during land surveys or updated through mutation, showing the owners of a plot, their shares and related details. Different surveys, including CS, SA, RS and city surveys, produced successive khatians. Comparing them with the deeds is a key part of title diligence, and discrepancies may need correction through the land office or tribunal. Khatian errors are common, and resolving them before completion protects the buyer in later real estate transactions and financing.
Can I buy a flat that is still under construction in Dhaka?
Yes, many buyers do, but the risks are higher. Check the developer's title, its joint venture agreement with the landowner, building approvals, registration as a developer and progress on site, and use a registered agreement for sale with clear handover dates and remedies. Pay in stages linked to progress where possible, and keep records of every payment. Buying off-plan is one of the riskier real estate transactions, so careful diligence and staged payments matter more than usual.
What is the role of a deed writer in a property sale?
Licensed deed writers commonly prepare and present deeds at sub-registry offices. Their role is mainly documentary, and they do not usually conduct legal title diligence or advise on risk. For significant real estate transactions, we prepare or review the deed, work with the deed writer where needed and make sure the document reflects the agreed terms. Deed writers are useful, but they are not a substitute for legal review of title, risk allocation and the terms of the transaction.
Do commercial leases in real estate transactions need to be registered?
Leases above certain durations, and leases of immovable property in particular forms, require registration and stamp duty, and unregistered leases may be difficult to enforce or rely on as evidence. Short tenancies follow different rules. We check the registration requirement for each lease and structure the document so that rights are protected. Getting lease registration right protects both landlords and tenants and supports later real estate transactions, such as sale of the building with the tenancy in place.
Can property in a pending court case be bought?
It is risky. A buyer of property subject to pending litigation is generally bound by the outcome, and some courts make orders restraining transfer. Searches for litigation are therefore essential. If a client still wishes to proceed, we assess the case, its likely outcome and contractual protections, and price the risk realistically. In some cases, it is better to wait for the case to end or for the seller to settle it before completing the purchase and paying the balance.
Is mediation now required in property disputes in Bangladesh?
Mediation is often encouraged by the courts, and under the Legal Aid Services (Amendment) Act 2026, pre-case mediation is becoming mandatory for certain disputes in districts where it has been rolled out. Parties should check the current position for their district and type of dispute before filing a suit. Even where optional, mediation can resolve many property disputes faster. We advise clients on whether mediation is required and represent them in mediation sessions as well as court proceedings.
Can TRW act for banks taking mortgages over property?
Yes. We regularly advise banks and other lenders on title diligence, mortgage deeds, registration, insurance and enforcement routes, and borrowers on negotiating fair terms and releasing mortgages on repayment. Mortgaged property often forms part of larger real estate transactions and financings, and we coordinate the property work with the wider loan documentation. Lenders benefit from involving us early, because title defects discovered after disbursement are far harder and more expensive to resolve, and may affect the security itself.

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