NRB Inheritance Property Protection: How to Recover Inherited Land Grabbed in Dhaka

Inherited land is the most common target of occupation against Bangladeshis living overseas. The reasons are practical rather than legal. The owner is far away, the original owner has died, and the heirs are scattered across several countries. Records may still stand in the name of the deceased. No one visits the plot. In a fast-growing city such as Dhaka, a vacant plot or an old house that nobody watches can be occupied, fenced, built on or even sold to an innocent buyer within a few years.

Typical patterns include the following:

• A relative who stayed in Bangladesh treats the land as his own and refuses to share it with the other heirs.
• A neighbour or local strongman occupies the land and builds a tin-shed, a wall or a shop on it.
• A forged heirship certificate, forged power of attorney or forged sale deed is used to transfer the land to a third person.
• A false mutation (namjari) is obtained so that the land record shows the wrong person.
• A broker sells the same land to several buyers, or sells it using the identity of a dead or absent owner.

The good news is that Bangladeshi law gives the true heirs real remedies, and most of them can be pursued through a trusted lawyer in Dhaka without you living in the country. The less comfortable news is that delay hurts. Courts and offices look at who has been in possession, who paid tax and who acted promptly, and limitation rules can shut the door on a late claim. This guide is the deeper pillar article in our NRB series. For a shorter overview of remedies see our guide on stopping land grabbing, and for the hub of NRB resources visit NRB Legal Help.

This article is general legal information, not legal advice. Statutes, forms, fees, limitation periods and procedures change and depend on your facts; confirm current requirements with the relevant office or a qualified advocate before acting.

Before you can recover anything you must prove that you are an heir, and you must know the other heirs. In Bangladesh succession is governed by the personal law of the deceased, so the first question is the religion of the person who died. A fuller discussion is in our guide to inheritance for NRBs under Muslim, Hindu and Christian law. The points below are only a high-level orientation.

Muslim law

Under Muslim law, ownership of the property of a person who dies passes to the heirs automatically at the moment of death. No court order, no mutation and no certificate is needed for the right itself to arise; those documents only prove or record it. Some widely accepted general principles are these:

• A widow receives one-eighth of the estate if the deceased left children or children of a son, and one-quarter if there were none.
• A husband receives one-quarter if there were children and one-half if there were none.
• Each parent receives one-sixth if the deceased left children.
• A son generally takes twice the share of a daughter when they inherit together as children of the deceased.

These are only the basic rules. The real shares depend on exactly which relatives survive, whether any debts or lawful bequests exist, and special rules such as the position of grandchildren whose parent died before the grandparent (section 4 of the Muslim Family Laws Ordinance 1961). Never accept a share calculation from the person who is occupying the land; get it checked.

Hindu law

For Hindus in Bangladesh, succession is governed by the Hindu law as applied here, which differs materially from Muslim law in who inherits and in the rights of widows and daughters. Because the rules are technical and the rights of women are often limited or contested, take specific advice. If the family land was ever recorded as vested property, also ask your lawyer about the Vested Property Return Act.

Christian law

For Christians, the Succession Act 1925 is generally the starting point. It provides a different scheme of shares for the spouse, children and other relatives. Again, confirm the facts with a lawyer.

Whatever the religion, write down the family tree: the deceased, spouses, all children (including those who have also died, and their children), parents, and any brothers and sisters. Missing heirs are a major source of later disputes, because a sale or a decree that ignores one heir can be challenged.

A land case is won on documents. Start collecting them now, even if you are still deciding whether to sue. Many can be gathered by a family member or lawyer in Bangladesh and sent to you electronically, but originals should be preserved in safe custody.

Proof of ownership and the land's history

• Record of rights (khatian / porcha). Land in Bangladesh is recorded in successive surveys, commonly referred to as CS (Cadastral Survey), RS (Revisional Survey) and, in many areas, later or city surveys sometimes called BS or by local names, depending on the mouza. Obtain certified copies of every available khatian for your plot, noting the mouza name, the khatian number and the dag (plot) number.
• Title deeds. Collect the old sale deeds, gift deeds, partition deeds or other documents by which the deceased acquired the land. If your copies are lost, a certified copy can generally be requested from the Sub-Registrar's office where the deed was registered, if you can give the deed number, date and parties.
• Mutation (namjari) record and dakhila. The mutation khatian shows who the revenue records treat as owner. Land development tax receipts (dakhila) show who has been paying tax. A long run of receipts in the deceased's name is useful.

Proof of death and of your relationship

• Death certificate. A death certificate is issued by the local registrar (Union Parishad, or the city corporation in Dhaka). If the death took place abroad, you will need the foreign certificate, usually with legalisation or attestation and sometimes a translation; check what the Dhaka office or court will accept.
• Heirship certificate (warishan sanad). This is commonly issued by the local elected representative (Union Parishad Chairman or city corporation councillor). It is useful evidence but is not a court judgment and can be challenged. A separate court-issued succession certificate under the Succession Act 1925 is mainly used for debts and securities such as bank deposits; for land, a title or declaratory decree is the stronger route when there is a dispute.
• Identity and relationship documents. National ID, passport, birth certificates, marriage certificate and old family documents that show how you are related to the deceased.

Evidence of the occupation

Take dated photographs and videos of the land, structures built, signboards or walls. Keep the names of the occupiers and any witnesses, messages or recordings in which the occupier admits that the land belongs to the family. Do not trespass or confront the occupier yourself; let a lawyer or a local trusted person document it safely.

This article is general legal information, not legal advice. Statutes, forms, fees, limitation periods and procedures change and depend on your facts; confirm current requirements with the relevant office or a qualified advocate before acting.

Before filing anything, learn exactly what the record says today. Bangladesh has been digitising land records, and the Ministry of Land portal (land.gov.bd) offers e-porcha (online record copies), online mutation applications and online payment of land development tax. Services, interfaces and addresses change, so use the official portal and be careful about unofficial websites and agents that ask for payment. For a step-by-step on mutation from overseas, see our namjari guide.

When you check the record, look for these red flags:

• The record is no longer in the name of the deceased or of the heirs, but in the name of a stranger.
• A mutation case was started or concluded without notice to you or any of the other heirs.
• The land has been reclassified, for example from agricultural to homestead, or marked as government (khas) land.
• The tax receipts are being issued in the name of someone else.
• Your area has been under the digital land survey. Digital survey records are prepared after a field survey and published for objections within a notified period. If an entry is wrong, an objection must be lodged within the period shown in the notice; if you miss the window, correcting the record becomes more difficult and more expensive.

A lawyer in Dhaka can also physically inspect the Sub-Registrar's index for any deed that has been registered against the land, and can inspect the local land office file. These searches sometimes reveal a forged deed that never appears online.

Recovering land is rarely one single action. Most successful strategies combine a civil case, which decides title and possession, with limited use of criminal and administrative routes where they genuinely fit. The table below summarises the three main routes.

Two further tools are worth knowing. First, where a land dispute is likely to cause a breach of the peace, a magistrate may act under section 145 of the Code of Criminal Procedure 1898 to decide who is in possession on a given date and to maintain that position temporarily; this does not decide ownership and the civil court has the last word. Second, in a genuine emergency a civil court can grant a temporary injunction under Order 39 of the Code of Civil Procedure 1908 to stop building, sale or further change while the case is heard. A recent land crimes law has also been enacted in Bangladesh; ask your lawyer whether it applies to your facts.

The sequence below is a practical roadmap. Each case differs, so your advocate may reorder or skip steps.

1. Secure the facts. Confirm the religion of the deceased, the date of death, and the full list of heirs. Prepare the family tree.
2. Gather documents. Collect the title deeds, khatians (CS, RS and later records), mutation record, tax receipts, death certificate and identity documents as described above.
3. Check the current record and the registry. Look up the e-porcha, check for any mutation, and have a lawyer search for any deed registered against the land.
4. Appoint a trusted lawyer and sign a limited power of attorney. Authorise the lawyer or one reliable family member to act for you. See the next section on how to do this safely.
5. Send a legal notice. A properly drafted notice to the occupier or the false claimant records your demand and puts the other side on notice that the land is subject to a claim. It also becomes evidence of when the dispute began.
6. File a protective police GD or complaint where appropriate. A General Diary entry records the threat or occupation. If there is forgery or cheating, an FIR or a complaint case may be justified.
7. Apply for urgent protection. If sale, construction or transfer is imminent, your lawyer can file the civil suit together with an application for a temporary injunction or status quo. Pending suits also benefit from the doctrine of lis pendens (section 52 of the Transfer of Property Act 1882), under which a transfer during a pending suit does not defeat the rights decided in that suit.
8. File the right civil suit. Depending on the facts this may be a suit for declaration of title and heirship, for recovery of possession, for cancellation of a forged instrument, for partition, or a combination.
9. Fix the record. Once you have a favourable order or decree, apply for mutation and correction of the khatian and pay the land development tax in the correct names.
10. Protect the land afterwards. Put a boundary and sign in place lawfully, appoint a caretaker, and keep records so that the problem does not repeat. See our guide on property management through a power of attorney.

We do not quote timelines or costs here, because they depend on the court, the number of parties, whether the other side contests the case and many other factors. Ask your advocate for a written estimate of stages and fees at the outset.

The civil courts in Bangladesh apply the Code of Civil Procedure 1908 and the Specific Relief Act 1877 to most land disputes. The main suits are described below in plain language.

Declaratory suit

Section 42 of the Specific Relief Act 1877 allows a person entitled to a legal character or to any right in property to ask the court to declare that right where it is denied. For an heir, this is the usual way to obtain a court declaration that you are a lawful heir and co-owner. It is especially useful when the occupier denies your inheritance, or when a false heirship certificate is in circulation.

Suit for recovery of possession

A person entitled to the possession of specific immovable property can sue to recover it under section 8 of the Specific Relief Act. If you were dispossessed in a way not authorised by law, section 9 provides a faster route to restore possession without having to prove title, but it has a very short period for filing, counted from dispossession. Because limitation is strict, take advice at once if you have recently lost possession.

Injunction

An injunction is an order of the court restraining the other side from selling, building on, or interfering with the land. A temporary injunction is sought under Order 39 of the Code of Civil Procedure. The court will usually look for a prima facie case, a risk of irreparable harm and the balance of convenience. Disobeying an injunction can lead to penalties. Where urgent, courts may sometimes pass interim orders before hearing the other side, but the applicant must be honest and complete in disclosing facts.

Cancellation of a forged or fraudulent deed

If a deed has been forged or obtained by fraud, section 39 of the Specific Relief Act 1877 allows a person against whom a written instrument is void or voidable, and who reasonably fears it may cause serious injury if left outstanding, to ask the court to have it adjudged void and ordered to be delivered up and cancelled. A decree can then be sent to the Sub-Registrar so that the record of the registered instrument reflects the cancellation. A forged deed does not give a good title to the purchaser from the forger, although a genuine buyer who paid money may raise defences, which is another reason for early action.

Partition suit

If the dispute is between the heirs themselves and the land has not been divided, a partition suit asks the court to determine each heir's share and then physically divide the property. The court usually passes a preliminary decree stating the shares and later a final decree after a survey and division. See our overview on stopping land grabbing for related practical steps. A co-heir who sells the whole land without the others' consent can only transfer what he owns, and the other heirs' shares remain protected.

Limitation

The Limitation Act 1908 sets strict time limits for different kinds of suits, and an occupier who stays in open, hostile possession for a long time may later claim to have acquired title by adverse possession. The correct period depends on the kind of suit and the date from which time runs, which is often argued. Do not rely on rules of thumb. Get advice as soon as you learn of the occupation.

In many Dhaka land disputes the real contest is not who occupies the plot, but whose paper is genuine. Forgery is often found in three forms:

• A fake sale or gift deed bearing the signature or thumb impression of a dead or absent owner.
• A fake power of attorney used to sell the land, sometimes made after the owner's death. A power of attorney ends when the person who granted it dies, so any sale on that basis after death is highly suspect.
• A false heirship certificate that omits some heirs or names a person who is not a relative.

If you suspect forgery, move in three directions at once. First, obtain a certified copy of the deed, the registration file and any attached documents from the Sub-Registrar's office; study the identity documents, witnesses and photographs used. Second, consider a civil suit to declare the deed void and to cancel it (section 39 of the Specific Relief Act 1877) alongside a declaration of your title. Third, if the facts justify it, file a criminal complaint. Sections of the Penal Code 1860 that are commonly invoked in such matters include those dealing with cheating (section 420), forgery (including sections 467 and 468) and using a forged document as genuine (section 471), as well as criminal trespass (section 447). Which sections fit depends on the evidence; your lawyer will choose.

A handwriting or fingerprint expert examination may be requested during the proceedings. Preserve any original signature samples, passport pages, old letters and documents bearing the deceased's signature. If your own power of attorney was misused, a further guide is here.

Be careful about what you say publicly. Allegations of forgery are serious and should be stated through a lawyer and on the basis of evidence; reckless accusations can expose you to a counter-complaint.

You do not need to move back to Bangladesh to pursue a land case, but you do need a safe and properly documented way to act. The usual approach is a power of attorney granted to a trusted person or directly to your lawyer, under the Powers-of-Attorney Act 1882 and the Registration Act 1908.

Making the authorisation

• Choose narrowly. A limited, purpose-specific authorisation for the case (to engage lawyers, sign pleadings, collect documents, apply for mutation) is far safer than a broad general power. Do not give a power to sell or mortgage unless you really intend it.
• Sign abroad before the right officer. The document is generally signed before a notary public in the country where you live and then attested or legalised as the Bangladeshi authorities require, often through the Bangladesh Embassy or High Commission. Procedures differ by country, so ask the Mission and your lawyer what is currently needed. The document may also need to be registered or presented for registration in Bangladesh if it deals with immovable property.
• Name the property and the case. Identify the mouza, khatian and dag numbers, the nature of the dispute, and the person authorised.
• Put in a time limit and a duty to report. Ask for written updates and receipts for every payment.

Working with your lawyer remotely

A Dhaka-based advocate working with an overseas client typically holds a first video consultation, reviews scanned documents, prepares a list of missing papers, and explains the options and risks in writing. The advocate then drafts notices and pleadings for your review, files the case through the authorised representative, and reports after each hearing by email or messaging. A person holding a valid power of attorney can generally appear as a recognised agent in civil proceedings, but if you are an important witness the court may require you to give evidence yourself. Ask your lawyer whether the court will allow remote testimony in your case or whether you need to plan a trip. See also our power of attorney guide and the NRB Legal Help hub.

Always protect yourself: keep copies of everything you sign, never hand over original title deeds to an unknown person, pay fees by traceable bank transfer, and ask for a signed engagement letter that states the scope of work and how fees are charged.

• Waiting for years. Delay weakens evidence, may run into limitation, and allows the occupier to build, sell or claim adverse possession.
• Never mutating the land after the owner's death. If the record still shows the deceased as owner, it becomes easy for others to manipulate it. Apply for mutation in the names of all the lawful heirs.
• Giving a broad power of attorney to a relative or broker. This is a common cause of land loss. Use a narrow, written and registered authorisation.
• Paying a "settlement" without a written agreement. Oral deals and cash payments leave you with nothing to prove.
• Relying only on a police complaint. Police do not decide title. Without a civil case, the occupier may remain in possession for years.
• Filing false or exaggerated criminal cases. This can backfire and damage your credibility with the court.
• Ignoring other heirs. A case or a sale that leaves out a lawful heir can be challenged later. Include all heirs from the start.
• Taking the law into your own hands. Forcibly evicting the occupier or demolishing a structure can lead to criminal liability against you.
• Using unofficial agents for land records. Do not give original documents or money to unknown intermediaries; use official portals and registered offices.
• Missing a digital survey objection period. If a wrong entry is published and the period for objection passes, correcting it later is harder.

• Full name, religion and date of death of the deceased, and a copy of the death certificate.
• Family tree with the names and addresses of all heirs.
• Copies of every deed, khatian, mutation record and tax receipt you can find.
• The mouza, khatian number and dag number, and the area of the land.
• A short written timeline: when you last visited or saw the land, when you discovered the problem, who is in occupation, and what they said.
• Photographs and any messages, notices or documents sent by the other side.
• Your passport, national ID and proof of your relationship to the deceased.
• Any earlier case numbers, police station complaints or legal notices.

For a wider overview of NRB legal matters, visit the NRB Legal Help hub. If you would like case-specific help, you may contact Advocate Md. Shah Alam, Supreme Court of Bangladesh.

This article is general legal information, not legal advice. Statutes, forms, fees, limitation periods and procedures change and depend on your facts; confirm current requirements with the relevant office or a qualified advocate before acting.

Yes. Your right as an heir does not depend on where you live. You can act through a lawyer and a properly executed power of attorney, though a court may sometimes require you to give evidence yourself. Get advice early because limitation and possession matter.

Under Muslim law ownership passes to the heirs at the moment of death, and mutation, heirship certificates and decrees only record or prove it. Rules differ for other religions, so confirm with a lawyer.

For land, a local heirship certificate (warishan sanad) is commonly used as evidence, and a declaratory decree is stronger if there is a dispute. A court succession certificate under the Succession Act 1925 is mainly used for debts and securities such as bank deposits.

No. Police can act on offences such as forgery, cheating or trespass, but they do not decide ownership. Possession and title are decided by the civil court, so a civil suit is usually needed alongside any criminal complaint.

Obtain a certified copy of the deed from the Sub-Registrar, consider a civil suit to declare it void and cancel it under section 39 of the Specific Relief Act 1877 together with a declaration of title, seek an injunction against further transfer, and consider a criminal complaint for forgery and cheating.

Generally yes, if it is properly executed before a notary abroad, attested or legalised as required, and where needed registered in Bangladesh. Check the current requirements with the Bangladesh Mission and your lawyer, and keep the authority narrow.

Strict limitation periods apply under the Limitation Act 1908 and the period depends on the type of suit and the date from which time runs. Do not assume you have plenty of time; get advice as soon as you discover the occupation.

A co-heir in possession does not become sole owner merely by occupying the land. The other heirs can seek a declaration of their shares and a partition suit, and can ask the court to restrain the co-heir from selling more than he owns.

Check the notices of the District Commissioner's office or land office and the Ministry of Land portal, or ask your Dhaka lawyer. If a digital survey record contains a wrong entry, object within the period stated in the notice.