Question:
My father paid 50% of the land price to the landowner to buy some percentage of land in our village. However, there is no stamp as evidence of the money given to the landowner, only mulabis (witnesses) were present. After about 6 or 7 months, I learned that the landowner passed away (Inna-lillah wa innalillahir rajiun). His son or daughter does not live in Bangladesh. Now, what can be done to finalize the remaining money and transfer the land in my father’s name?
Answer:
- Situation with No Written Agreement or Stamp:
- Since the payment was made without a formal written agreement or stamp, it becomes challenging to prove the transfer of property legally. The fact that there were witnesses (mulabis) can work in your favor as testimony, but it is not as strong as a formal written or stamped agreement.
- Contact the Heirs of the Deceased Landowner:
- The first step is to locate the heirs of the deceased landowner, even if they are not in Bangladesh. If the landowner’s children or other heirs are abroad, you can attempt to contact them through legal representatives or by reaching out to their relatives who may reside in Bangladesh.
- You may also want to check if the landowner’s heirs have been legally recognized or have a representative in the village or through the local Union Parishad.
- Notarize and Formalize the Agreement:
- If you manage to get in touch with the heirs, you will need to negotiate and formalize the agreement for the remaining 50% payment. This can be done through a legal document or contract, witnessed and notarized by appropriate authorities, including the local Union Parishad or a notary public.
- Inheritance and Succession:
- If the landowner passed away intestate (without a will), his heirs are entitled to the property according to Bangladesh’s inheritance laws. You may need to get a succession certificate from the local court to establish who legally inherits the property.
- Registration of the Property:
- Once the heirs agree and a formal sale agreement is made, you can proceed with registering the land in your father’s name. This will involve the Registration Office (Sub-Registrar Office) and payment of necessary stamp duties.
- Legal Recourse for Claiming Ownership:
- If you cannot locate the heirs or they refuse to cooperate, you may need to file a civil suit to claim ownership based on the payment made. This process can be lengthy and requires evidence from the witnesses to support the claim. The court will review the case and determine if the agreement is valid based on the payment and testimony provided.