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Legal Process for Selling Inherited Property in Bangladesh

Question

There is an 87-century pond in our market that is owned by about 22 or more people. My father owned a share through purchase long ago, but the deed is in my grandfather’s name, even though the land print is in my father’s name. My father passed away eleven years ago. Now we want to sell our share. Will there be any difficulty in this?

Answer

Selling a share of property that is co-owned by multiple parties can be complex, especially in Bangladesh. Here are key points to consider regarding your situation:

  • Ownership Documentation:
    • Since the deed is in your grandfather’s name, but the land print shows your father’s name, it’s essential to clarify the ownership. Documentation proving your father’s ownership share, like the land print, is crucial.
    • You may need to gather all related documents, including the original deed, land print, and any records of payments made for the land.
  • Legal Heirship:
    • Upon your father’s death, his share would typically pass to his legal heirs, which include you and any siblings. It’s essential to have proof of your legal heirship, such as a death certificate and possibly an heirship certificate if necessary.
  • Consent from Co-Owners:
    • Since the pond is co-owned by about 22 people, you will likely need the consent of the other co-owners to sell your father’s share.
    • If there is a disagreement among co-owners, it may complicate the sale process. Therefore, obtaining written consent from all or a majority of co-owners will facilitate the sale.
  • Legal Process for Selling:
    • You may need to have a partition deed executed if the co-owners agree to divide the property physically. This deed will legally separate your father’s share for sale.
    • Engage a lawyer to draft the sale agreement. The lawyer can also ensure that the sale complies with local property laws and regulations.
  • Potential Challenges:
    • If any of the co-owners object to the sale, or if there are disputes regarding ownership, it may result in legal complications.
    • If necessary, you may have to approach the court for a partition suit, which can be time-consuming.
  • Tax and Registration:
    • Ensure that all taxes related to the property are paid, and be prepared for registration fees associated with the sale.