Legal questions people ask most

Jump to: Family and marriage · Inheritance and succession · Land and property · Criminal cases and police · Civil claims and money · Working with a lawyer

Family and marriage

How long does talaq take to become effective?

Under section 7 of the Muslim Family Laws Ordinance 1961, the husband must give written notice of talaq to the Chairman (Union Parishad, Pourashava Mayor or City Corporation) and send a copy to the wife. The talaq takes effect 90 days after the Chairman receives the notice, unless it is revoked earlier. If the wife is pregnant, it does not take effect until the pregnancy ends or the 90 days pass, whichever is later. Read more

Can a wife give talaq to her husband?

Yes, if the right of divorce was delegated to her in the kabinnama (talaq-e-tafwid, usually clause 18). She then follows the same notice procedure to the Chairman. If no such right was delegated, she can seek divorce by agreement (khula) or apply to the Family Court for dissolution on the grounds listed in the Dissolution of Muslim Marriages Act 1939. Read more

Is talaq valid if notice was not sent to the Chairman?

Failure to send notice is an offence under the 1961 Ordinance, and the courts have treated notice as central to a talaq taking effect. A verbal or unregistered talaq therefore creates serious uncertainty about whether the marriage has ended. Anyone in this position should get the documents checked before remarrying or claiming the marriage is over. Read more

What is the difference between prompt and deferred denmohor?

Prompt dower (muajjal) is payable whenever the wife demands it during the marriage. Deferred dower (muwajjal) becomes payable when the marriage ends by divorce or death. The kabinnama normally records how much of the total is prompt and how much is deferred, and unpaid dower can be claimed in the Family Court. Read more

How much maintenance will the court order for a wife or child?

There is no fixed formula or table. The Family Court looks at the husband’s or father’s income and means, the family’s standard of living and the needs of the wife or child. A husband is liable for maintenance during the marriage and the iddat period, and a father remains liable for his children’s maintenance. Read more

Who gets custody of children after divorce?

Under Hanafi rules as traditionally applied, the mother has custody (hizanat) of a son until about seven and a daughter until puberty, while the father remains the legal guardian. The courts treat the child’s welfare as the deciding factor under the Guardians and Wards Act 1890, so these ages are not automatic. Custody applications are heard by the Family Court. Read more

Is marriage registration compulsory in Bangladesh?

Yes. Muslim marriages must be registered with a Nikah Registrar (Kazi) under the Muslim Marriages and Divorces (Registration) Act 1974, and failure to register is an offence. The registered kabinnama is the main proof of marriage and of the dower agreed. Hindu marriages can be registered under the Hindu Marriage Registration Act 2012, where registration is optional. Read more

Do family disputes now have to go to mediation before a case?

In districts where mandatory pre-case mediation under the Legal Aid Services (Amendment) Act 2026 has been rolled out, family disputes, along with certain rent, partition, pre-emption, parents’ maintenance and dowry disputes, must first go to the District Legal Aid Office for mediation. The scheme covered 30 districts after its July 2026 expansion. If mediation fails, the case can then be filed in court. Read more

Inheritance and succession

What is a warish certificate?

A warish certificate (ওয়ারিশ সনদ) is a document listing the legal heirs of a deceased person, issued by the Union Parishad Chairman, Pourashava Mayor or City Corporation ward councillor, now largely through online portals. It is used for land mutation, bank and office formalities. It is an administrative certificate and does not decide disputed heirship or replace a succession certificate where a bank or court requires one. Read more

Do I need a succession certificate or probate?

A succession certificate is issued by the District Judge’s court under the Succession Act 1925 so that heirs can collect debts and securities such as bank balances, savings certificates and shares. Probate or letters of administration concern the estate of someone who left a will or whose estate needs formal administration. Which one you need depends on whether there is a will and what the bank or authority asks for. Read more

How much does a succession certificate cost?

The main official cost is an ad valorem court fee calculated on the value of the debts and securities covered, under the Court-fees Act schedule, so it rises with the amount claimed. There are also costs for affidavits, notices and certified copies, plus lawyer’s fees. Ask for an estimate once the account values are known, because the fee is set by the current schedule. Read more

What share does a daughter get under Muslim law?

A single daughter with no son takes one half of the estate, and two or more daughters with no son share two thirds. Where there are sons, each daughter takes half the share of a son. The exact figures depend on which other heirs (spouse, parents) survive, so a full faraiz calculation is needed. Read more

Do grandchildren inherit if their parent died before the grandparent?

Yes. Section 4 of the Muslim Family Laws Ordinance 1961 gives the children of a predeceased son or daughter the share their parent would have received had they been alive. This changed the classical rule under which such grandchildren were often excluded. Read more

Is the bank nominee the owner of the deceased’s money?

Generally, no. A nominee is the person the bank may pay, but the money still forms part of the estate and belongs to the legal heirs according to their shares. Heirs who are not nominees can claim their share, and disputes are often resolved through a succession certificate. Read more

How much of my property can I leave by will as a Muslim?

A Muslim may bequeath up to one third of the net estate by will. A bequest beyond one third, or a bequest to a person who is already an heir, is valid only if the other heirs consent after death. Gifts (heba) made during life with delivery of possession are not subject to the one third limit. Read more

Land and property

How much does namjari cost?

For e-mutation the government fees currently published are Tk 20 court fee and Tk 50 notice fee at application, then Tk 1,000 for record correction and Tk 100 for the mutation khatian copy, a total of Tk 1,170. Fees are paid online. Anyone asking for more than the official fee should be treated with caution, and fees can be revised by the Ministry of Land. Read more

How long does namjari take?

Mutation is handled by the AC Land office after a report from the Union Land Office and, where needed, a hearing. The service standard is usually stated as around 28 working days, but objections, missing documents or a disputed title can make it take much longer. You can track an e-mutation application online. Read more

What is the difference between CS, SA, RS and BS khatian?

They are records of rights prepared in successive government surveys: CS (Cadastral Survey, carried out from the late 1800s), SA (State Acquisition survey of the 1950s and 1960s), RS (Revisional Survey) and BS (Bangladesh Survey, including city surveys). Checking the owner’s name through each survey helps confirm the chain of title. Later records do not automatically override a registered title, so conflicts need careful review. Read more

What should I check before buying land?

Check the seller’s title deeds back through several transfers, the latest khatian and mutation (namjari) in the seller’s name, the DCR and land development tax receipts, the mouza map and physical possession. Also search for mortgages, pending cases, khas or acquisition status and competing claims from co-sharers. See our land buying document checklist for a full list. Read more

Does a bainanama have to be registered?

Yes. Since 2005 a contract for sale of immovable property (bainanama) must be in writing and registered, and it must be presented for registration within 30 days of signing under the Registration Act 1908. An unregistered bainanama generally cannot be used to seek specific performance in court. Read more

What is pre-emption and what is the time limit?

Pre-emption (অগ্রক্রয়) lets a co-sharer by inheritance buy back a share of a holding sold to an outsider under section 96 of the State Acquisition and Tenancy Act 1950. The application must be made within two months of notice or knowledge of the sale, and not later than three years from registration, with a deposit of the price plus 25 percent compensation and 8 percent annual interest. Pre-emption claims may now require pre-case mediation in rollout districts. Read more

What can I do if someone takes my land using forged documents?

Options include a criminal complaint under the Land Crimes Prevention and Remedy Act 2023 or the Penal Code, a civil suit for declaration of title, cancellation of the forged deed and recovery of possession, and applications to the land office about wrongful mutation. Acting quickly matters, because time limits apply and the other side may transfer the land again. Read more

Criminal cases and police

Do I need a lawyer for a GD?

No. A General Diary (GD) can be filed by anyone at the police station, free of charge, and for some matters such as lost documents it can be filed online. A lawyer can help with wording where the GD relates to threats or a dispute that may lead to a case, because the GD may later be used as evidence. Read more

What is the difference between a GD and an FIR?

A GD records information or a complaint in the police station’s diary, often about non-cognizable matters, threats or lost items. An FIR (ejahar) records information about a cognizable offence and starts a police case, known in court as a GR case, which the police must investigate. Read more

What can I do if the police refuse to take my case?

You can file a complaint directly before the Magistrate’s court (a CR case) under section 200 of the Code of Criminal Procedure. The Magistrate examines the complainant and may take cognizance, order an inquiry or investigation, or dismiss the complaint. Some special laws, such as the women and children repression law, have their own complaint routes to the tribunal. Read more

Can I get bail on the first day?

For a bailable offence, bail is a right and should be given by the police or the court. For a non-bailable offence, the Magistrate decides at first production whether to grant bail, considering the seriousness of the offence, the evidence and the risk of absconding; some offences under special laws are much harder to get bail for. No lawyer can promise bail on the first day. Read more

What is anticipatory bail?

Anticipatory bail is bail sought before arrest, usually from the High Court Division or the Sessions Judge under section 498 of the Code of Criminal Procedure, when a person expects to be arrested in a case. The court often grants it for a limited period and directs the person to surrender before the lower court within that time. Read more

How long can police keep someone on remand?

An arrested person must be produced before a Magistrate within 24 hours. Under section 167 of the Code of Criminal Procedure, as amended by the Code of Criminal Procedure (Amendment) Act 2026, total police custody cannot exceed 15 days, with medical examination before and after custody. Remand must be justified with reasons, and the lawyer can oppose it. Read more

What is a final report and can I object to it?

After investigation, police submit either a charge sheet (recommending trial) or a final report (saying the case should not proceed) under section 173 of the Code of Criminal Procedure. The informant can file a naraji (objection) petition before the Magistrate, who may accept the report, order further investigation or take cognizance. Read more

Can a false case be quashed by the High Court?

The High Court Division can quash criminal proceedings under section 561A of the Code of Criminal Procedure where continuing them would be an abuse of process, for example where the allegations disclose no offence. It is a limited remedy, and many factual defences must be raised at trial instead. Read more

Civil claims and money

What is the time limit to send a cheque dishonour notice?

Under section 138 of the Negotiable Instruments Act 1881, the cheque must be presented within six months of its date (or its validity period), and the payee must send written notice within 30 days of receiving the bank’s dishonour information. The drawer then has 30 days from receiving the notice to pay. If payment is not made, the complaint must be filed within one month after that period ends under section 141. Read more

What is the punishment for cheque dishonour?

Section 138 provides imprisonment of up to one year, a fine of up to three times the cheque amount, or both. Fine money up to the cheque amount is paid to the holder, and the holder can still bring a civil suit for any unpaid balance. An appeal against conviction requires a deposit of at least half the cheque amount. Read more

How can I send a cheque dishonour notice?

Section 138 allows the notice to be delivered by hand, sent by registered post with acknowledgement due, or published in a widely circulated Bangla national daily newspaper. Keep the postal receipt, the AD card or signed copy and the newspaper page, because proof of notice is essential to the complaint. Read more

How do I recover money someone owes me without a cheque?

The usual route is a legal notice demanding payment, followed by a money suit in the civil court if the debt is not paid. The general time limit for most money claims is three years under the Limitation Act 1908, counted from when the money became due. Written proof such as agreements, bank transfers and messages is important. Read more

Is a legal notice required before filing a suit?

For most private disputes a legal notice is not a legal requirement, but it is good practice and often leads to settlement. It is mandatory in some cases, such as a cheque dishonour case and a suit against the government or a public officer under section 80 of the Code of Civil Procedure. Read more

How can I stop someone building on or selling disputed land while the case runs?

In a pending civil suit you can apply for a temporary injunction under Order 39 of the Code of Civil Procedure. The court considers whether there is a prima facie case, whether you would suffer irreparable loss and where the balance of convenience lies. The court may also order status quo. Read more

Where do banks file loan recovery cases?

Banks and financial institutions recover loans through the Artha Rin Adalat under the Artha Rin Adalat Ain 2003. Borrowers and guarantors have specific rights and deposit requirements at the appeal and revision stages, so early advice is important once a notice or case arrives. Read more

Working with a lawyer

What should I bring to a first consultation?

Bring copies of every document you have (deeds, khatian, kabinnama, notices, FIR or case papers, cheques, bank statements, messages), your NID and a short written timeline with dates and names. If there is a case, the case number, court name and next date are the most useful facts. Read more

How are lawyers’ fees usually worked out?

Fees in Bangladesh are commonly agreed per stage, per hearing or as a fixed amount for defined work such as a notice or a deed, depending on the court and complexity. Government costs such as court fees, stamp duty and registration fees are separate. Ask for the basis of the fee and what it covers in writing before work starts. Read more

Can I manage a case from abroad?

Many civil and property matters can be handled through a lawyer and a person holding a power of attorney. A power of attorney signed abroad is usually executed before the Bangladesh mission and then processed in Bangladesh (attestation and stamping) within set time limits under the Power of Attorney Act 2012 and its rules. Some steps, such as giving evidence, may still need personal attendance or a court’s permission for alternatives. Read more

What is a vakalatnama?

A vakalatnama (ওকালতনামা) is the document by which a party authorises an advocate to appear and act for them in a case. It is signed by the client and the advocate on the prescribed form with the required stamps and filed in court. An advocate cannot normally appear without one. Read more

Can I get free legal aid?

People who cannot afford a lawyer can apply to the District Legal Aid Office under the Legal Aid Services Act 2000, and legal advice is available through the government legal aid helpline 16430. Eligibility depends on income and other criteria set by the rules. Read more

Is mediation binding?

Mediation is voluntary in outcome: nobody can be forced to accept a settlement. If the parties sign a settlement agreement, it can be enforced in the way the relevant law provides, for example as a decree where a suit is settled in court mediation. If mediation fails, the case continues or can be filed. Read more

What should I do if I receive a court summons or legal notice?

Do not ignore it. Note the date of receipt, the court or sender, the case number and the deadline, and keep the envelope. A summons usually gives a date to appear or file a reply, and missing it can lead to an ex parte order or, in criminal cases, a warrant. Read more