Question:
My grandfather sold land to someone 25-30 years ago. Now the buyers want to sell it again. We want to buy it, but they are refusing to sell it to us, even though we are willing to pay the price they want. They are insisting on selling it to someone else. Is there any way we can get my grandfather’s land back, especially since we own land on three sides of it?
Answer:
In Bangladesh, once a sale of property has been completed and the ownership has transferred, the new owner holds the legal right to sell the land to whomever they choose. Unfortunately, if the land was legally transferred to the buyers 25-30 years ago, and the transaction was completed without any dispute, it will be difficult to force them to sell it back to you. However, there are some steps you can consider:
- Right of First Refusal (If Applicable)
If there was an agreement or a covenant (a legal clause) in the original sale contract that gives you or your family the right of first refusal, you could argue that the buyers must offer the land to you before selling it to anyone else. You should review any documents related to the original sale to check for such terms. - Check for Illegal or Invalid Sale
If the sale of the land was not done legally (e.g., forged signatures, lack of proper documentation, or fraudulent behavior), you may have the right to challenge the sale in court. This would be difficult if the sale was legally completed and recorded with the authorities, but if there are signs of fraudulent activity, you can take legal action. - Negotiation
The best approach is to negotiate with the current landowners. If they are unwilling to sell, consider offering them a higher price or any terms that might make the sale more appealing to them. Since you are adjacent to the land, you may also highlight how selling to you is beneficial for them due to proximity. - Legal Action for Property Division
If there is any legal issue regarding the original sale or if you believe that the sale was unfair, you could file a civil suit in court for property division or to claim ownership based on your relationship to the original owner (your grandfather). This could take time and resources, so it’s important to consult a lawyer before taking this step. - Adverse Possession
If you and your family have been using the land for many years without the current owner contesting it, you may be able to claim ownership through adverse possession. However, this is only applicable in specific cases and requires clear proof of continuous use for a long period (usually 12 years or more).