Question:
Assalamu Alaikum, I want to exchange the land obtained from the Heba formula. The total amount of land obtained from the Heba formula is 1 percent, and the amount of land I want to exchange is also 1 percent. How can I proceed with this exchange under Bangladesh’s legal system?
Answer:
Wa Alaikum Assalam,
In Bangladesh, Heba refers to a voluntary gift or transfer of property made by a person during their lifetime without any consideration. When land is obtained through Heba, the recipient has the right to use, sell, or transfer it, but this process must be done in accordance with Bangladeshi property laws.
Here’s how you can proceed with the exchange of land obtained through the Heba formula:
- Validity of Heba Land Exchange
If the land was obtained through Heba, you, as the recipient, can exchange it with another piece of land. However, the exchange must be voluntary and agreed upon by both parties (the party you are exchanging land with). The transfer must also be documented legally. - Agreement and Documentation
- Written Agreement: A written land exchange agreement should be drafted, stating the terms of the exchange, including the details of both pieces of land (the one obtained from Heba and the one you are exchanging for it).
- Signed by Both Parties: Both you and the other party must sign the agreement, agreeing to the land exchange.
- Registered Deed: To make the exchange legally binding, the land exchange deed should be registered at the sub-registrar’s office and entered into the official land records. This is necessary to ensure the transaction is recognized legally.
- Verification of Ownership
Before proceeding with the exchange, ensure that the land you received through Heba is in your name, and you are the legitimate owner according to land records (known as Dakhila or Mutation). This will avoid complications in the future. - Transfer of Land Title
After the exchange agreement is executed and the land deeds are registered, the titles to the lands will be transferred to the respective new owners. Make sure both lands are duly transferred to the new owners’ names in the land record books after the exchange. - Legal and Family Considerations
- Ensure that no one else has any legal claims or shareholdings in the land obtained through Heba, as any such claims could complicate the exchange.
- If there are multiple heirs involved in the land you obtained from Heba, they may need to give consent before the exchange can take place.
- Tax and Fees
- Be aware that there may be certain taxes and fees applicable to the exchange of land, such as stamp duty and registration fees, which need to be paid to make the exchange official.