Vested Property (Arpita Sampatti) Release in Bangladesh: Legal Procedure for Overseas Heirs & NRBs (2026)

The origin of Vested Property represents one of the most litigated property controversies in South Asian legal history:

• Defence of Pakistan Rules 1965: Following the September 1965 Indo-Pakistan war, the Pakistani military regime promulgated the Enemy Property (Custody and Registration) Order 1965. Lands belonging to individuals who migrated to India were declared 'Enemy Property' and placed under government custody.
• Post-Independence Legislation (1974): After the liberation of Bangladesh in 1971, parliament enacted the Vested and Non-Resident Property (Administration) Act, 1974 (Act XLVI of 1974), renaming enemy property as 'Vested Property'.
• Widespread Bureaucratic Abuse: In practice, corrupt settlement officers and local land cartels routinely listed properties belonging to Hindu families who never left Bangladesh as vested property, using fake survey entries to seize valuable lands.
• The Legislative Remedy (2001, 2011 & 2013): After decades of civil rights advocacy, parliament passed the Vested Property Return Act, 2001 (অর্পিত সম্পত্তি প্রত্যর্পণ আইন, ২০০১). Comprehensive amendments in 2011 and 2013 created judicial tribunals to adjudicate genuine claims and permanently repealed the abusive Kha Schedule.

Understanding which government gazette list encumbers your ancestral property is the single most critical diagnostic step:

A. 'Ka' Schedule (ক-তফসিল — Returnable via Tribunal)

'Ka' Schedule properties comprise lands that were in actual physical possession, custody, or temporary commercial leasehold of the government. Under Section 9 and 10 of the Act, to recover a 'Ka' Schedule property, legal heirs must file an original application before the Vested Property Return Tribunal of the respective district.

B. 'Kha' Schedule (খ-তফসিল — Permanently Repealed & Free)

'Kha' Schedule properties were lands that were NEVER in government custody but were maliciously listed in gazettes while genuine owners or co-sharers resided on the land. Following nationwide public outrage, parliament passed the Vested Property Return (Amendment) Act, 2013 (Act No. 34 of 2013), which completely repealed, dropped, and annulled the Kha Schedule across Bangladesh:

Ministry of Land SRO & Standing Circular: If your ancestral land was listed under the 'Kha' Schedule, you do NOT need to file any court case or tribunal petition. The listing is legally non-existent. You have the right to apply directly for digital e-Namjari mutation, pay Land Development Tax, and sell or transfer the property without any government NOC.

The return of vested property is governed by the following core statutory mechanisms:

• Section 2(f): Defines a 'permanent owner' (মূল মালিক) as a person who was a citizen and continuous resident of East Pakistan / Bangladesh and whose property was erroneously treated as enemy property.
• Section 9: Establishes the right of original owners or their lawful successors to apply for the return of property.
• Section 10: Governs the jurisdiction and powers of the Vested Property Return Tribunal (অর্পিত সম্পত্তি প্রত্যর্পণ ট্রাইব্যুনাল), which has the full powers of a Civil Court under the CPC 1908.
• Section 16: Establishes the Vested Property Return Appellate Tribunal (অর্পিত সম্পত্তি প্রত্যর্পণ আপিল ট্রাইব্যুনাল) headed by a District Judge.
• Section 28: Gives the provisions of the Act overriding effect over any other conflicting law or decree.

A common misconception among expatriates is that holding citizenship of the USA, UK, Canada, or India bars them from reclaiming vested property in Bangladesh. This is legally incorrect:

1. Statutory Standing of Heirs: Under Section 2(f) and Section 9 of the 2001 Act, an application can be instituted by the original owner or their lawful successors (উত্তরাধিকারী) according to personal succession law (Hindu Dayabhaga School, Christian Succession Act, or Islamic law).
2. Lineage Tracing: As long as the claimant can establish through authenticated Warishan Certificates that they are the direct biological or legal heir of the recorded ancestor on the CS or SA Khatian, they possess full legal standing.
3. Representation via Power of Attorney: Overseas heirs living in Toronto, London, New York, or Kolkata can execute a Special Power of Attorney before the Bangladesh diplomatic mission to conduct the case entirely through their advocate in Bangladesh.

The Vested Property Return Tribunal operates under strict rules of civil evidence. Your advocate must assemble an airtight documentary dossier:

• Certified copy of the CS (Cadastral Survey) Khatian showing original family title.
• Certified copy of the SA (State Acquisition Survey 1956) Khatian confirming lawful possession prior to the 1965 war.
• Original or certified copies of registered title deeds (বায়া দলিল / পিট দলিল) demonstrating lawful acquisition.
• Official Warishan / Heirship Certificate (ওয়ারিশান সনদ) issued by the Union Parishad Chairman or City Corporation Mayor tracing the genealogical tree (বংশলতিকা).
• Certified extract of the Vested Property Gazette (গেজেট) showing the exact plot number and schedule.
• Historical Land Development Tax Dakhilas (খাজনা দাখিলা) and municipal holding tax receipts.
• Proof that the original owner did not migrate as an enemy national during the September 1965 conflict.

Litigating a vested property release proceeds through structured judicial stages:

1. Filing the Application (দরখাস্ত দাখিল): The petition is filed before the District Vested Property Return Tribunal. The government, represented by the Deputy Commissioner (DC) and Assistant Commissioner (Land), is arrayed as the principal opposite party.
2. Summons & Written Objection: The government files a Written Objection (লিখিত আপত্তি) through the Government Pleader (GP).
3. Adducing Evidence (সাক্ষ্য গ্রহণ): The claimant's attorney produces certified historical Khatians, title deeds, and presents witness testimonies proving continuous residence and succession.
4. Tribunal Judgment & Release Decree: If satisfied that the listing was erroneous and succession is authentic, the Tribunal passes a formal Judgment and Decree ordering the release of the property from the Vested Property Register.

The following table illustrates the complete lifecycle of a Vested Property recovery case:

If the District Tribunal rejects your claim or if the Deputy Commissioner files a routine appeal against a favorable decree:

• Appellate Tribunal Appeal (Section 16): Under Section 16 of the Act, an appeal must be preferred before the Vested Property Return Appellate Tribunal within 45 days of the original decree. The Appellate Tribunal, presided over by a senior District Judge, re-evaluates evidence and passes final judgment.
• Supreme Court High Court Division Remedies: If the Appellate Tribunal commits an error of law, the claimant can move the High Court Division of the Supreme Court of Bangladesh via a Civil Revision petition under Section 115 of the CPC or a Constitutional Writ Petition under Article 102 to quash illegal government claims.

Securing a court judgment is only half the victory; practical administrative execution must follow:

1. DC Office De-listing Order: The Tribunal transmits an official decree to the District Collector. The DC issues an administrative memo directing the AC (Land) to strike the property off the government's Vested Property Register (ভি-পি ভলিউম).
2. e-Namjari Mutation: The claimant submits the release decree and DC memo online at mutation.land.gov.bd. The AC (Land) opens a dedicated Mutation Khatian in the claimant's name.
3. Termination of Government Leases: Under Section 19 of the Act, any temporary agricultural or commercial lease granted by the government to third parties automatically terminates upon issuance of the release decree.
4. Delivery of Physical Possession: The AC (Land), accompanied by local revenue staff and police, visits the land, conducts demarcation, and formally hands over physical possession to your attorney.

Background: The Roy family, residing in Toronto, Canada, owned 8.5 acres of ancestral tea garden and farmland in Beanibazar, Sylhet. Following the 1965 war, local revenue staff wrongfully recorded the land as Ka-Schedule Vested Property, leasing parcels to local political syndicates.

Legal Rescue Implemented:

1. The Roy brothers executed a Special Power of Attorney at the Bangladesh Consulate General in Toronto, which our team authenticated at MOFA and stamped at Sylhet DC office in 20 days.
2. We instituted Vested Property Case No. 112/2023 before the Vested Property Return Tribunal, Sylhet.
3. We produced certified 1938 CS Khatians and 1956 SA Khatians proving continuous family title, alongside birth records establishing that their late father remained in East Pakistan until 1978.
4. The Tribunal ruled in our favor, passing a decree of release. When the DC filed a routine appeal, we successfully defended the decree before the Appellate Tribunal.
5. The Sylhet DC office issued an executive order de-listing all 8.5 acres. We completed digital e-Namjari in the Canadian heirs' names, terminating all unauthorized leases. Today, the Roy family holds unencumbered freehold title.

Yes. An overseas heir can execute a Special Power of Attorney before the Bangladesh Embassy or Consulate General abroad, empowering an enrolled Supreme Court advocate to file and conduct the tribunal case in Bangladesh.

The Kha Schedule was completely abolished and repealed by the Vested Property Return (Amendment) Act 2013. Properties in Kha schedule are free from government claim and can be mutated directly at the AC Land office.

Yes. Succession is governed by Hindu Dayabhaga personal law, and legitimate heirs have equal statutory standing under the 2001 Act to reclaim ancestral property regardless of their current nationality.

Under Section 19 of the Vested Property Return Act, any temporary government lease automatically terminates upon the passing of a final release decree by the Tribunal.

If initial gazette deadlines were missed due to absence abroad or lack of notice, your advocate can file a Constitutional Writ Petition under Article 102 in the Supreme Court High Court Division to secure delayed consideration.

A contested case typically takes 12 to 24 months in the District Tribunal, and an additional 6 to 12 months if an appeal is preferred before the Appellate Tribunal.

Yes, once the release decree is enforced, the property is struck off the VP register, and e-Namjari mutation is completed in your name, you hold full freehold title and can sell or transfer the land freely.

No. The Supreme Court of Bangladesh has repeatedly held that lawful succession rights cannot be extinguished merely because heirs reside abroad or hold foreign nationality.