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Transferring Ownership of Jointly Owned Flat to One Party

Question:
My friend and I bought a flat together, but now my friend no longer wants to continue. I want to pay him back the amount he contributed and transfer the flat to my name. The registration is done in both of our names. What steps should I take to complete the registration in my name? How much will it cost?

Answer:
To transfer the ownership of the flat solely to your name, follow these steps:

  1. Agreement between Both Parties:
    • You and your friend need to reach a mutual agreement about the price to be paid to your friend for his share in the property.
    • This agreement should be documented and signed by both parties.
  2. Draft a Deed of Gift or Sale Agreement:
    • Once you’ve agreed on the payment, a Deed of Gift (if your friend is transferring ownership without receiving payment) or a Sale Agreement (if your friend is selling his share to you) needs to be drafted.
    • This document should be signed by both you and your friend and legally notarized. You may need to consult a lawyer for drafting the document properly.
  3. Pay Stamp Duty and Registration Fees:
    • The deed (whether it’s a gift or sale) needs to be stamped as per the Stamp Act of Bangladesh. Stamp duty depends on the value of the property or the share being transferred.
    • After this, the deed needs to be registered with the Sub-Registrar Office (the same place where the original property registration was done).
    • The registration fee is typically around 2% to 3% of the transaction value or the value of the property share being transferred, but it can vary.
  4. Update the Land Registry:
    • After the transfer deed is registered, the land and property records will be updated to reflect that the property is now solely in your name.
    • You may need to submit the original title deed, the new transfer deed, and proof of payment of stamp duty at the local land registration office.
  5. Transfer of Ownership in Utility and Service Records:
    • Once the registration is complete, you will need to update your name in the property’s utility bills and service records (electricity, water, etc.).

Estimated Costs:

  • The stamp duty and registration fees can range from 2% to 3% of the property’s value or the value of the transferred share.
  • The legal and notary charges for drafting and notarizing the deed may also add to the overall cost, depending on the lawyer or notary services you use.