Cancelling a Deed in Bangladesh: When a Heba, Gift or Sale Deed Can Be Set Aside

In this guide: Void or voidable: which deeds can be cancelled? · Grounds for cancelling a sale or gift deed · Can a heba or gift deed be revoked? · Who can file, time limit and court fees · Documents, injunction and what happens to namjari

The short answer

Yes, a deed can be cancelled in Bangladesh, but only by a civil suit under section 39 of the Specific Relief Act 1877. You must show the deed is void (forged, or made by an impostor or a non-owner) or voidable (obtained by fraud, coercion or undue influence, or signed by someone lacking capacity). For a voidable deed, file within 3 years of learning the facts. A donor cannot simply take back a completed heba: after possession is handed over, revocation needs the donee’s consent or a court decree, and a heba to a spouse or close blood relative is generally irrevocable. After the decree, namjari can be corrected.

Void or voidable: which deeds can be cancelled?

The law treats two kinds of bad deed differently.

• Void deeds never had legal effect. Examples: a forged deed, a deed signed by an impostor, or a sale by someone who owned nothing. Courts in Bangladesh have held that a void deed need not formally be cancelled; a declaration that it is void and not binding (Specific Relief Act s.42) can be enough. Many lawyers still ask for both to be safe.
• Voidable deeds are valid until a court sets them aside. Examples: a deed obtained by fraud, misrepresentation, coercion or undue influence. Here a cancellation suit under section 39 is needed.

Section 39 lets “any person against whom” the deed is void or voidable sue, if leaving it outstanding may cause serious injury. The court cancels the deed and sends the decree to the registration office, which notes the cancellation in its records. A court can also cancel a deed in part (s.40).

A deed cannot be cancelled by the executant alone, and a later “cancellation deed” signed by one side has no effect on a completed transfer. If both sides genuinely want to undo a completed sale or gift, the usual lawful route is a fresh transfer back, with its own registration costs.

Grounds for cancelling a sale or gift deed

The court looks for a recognised legal defect, proved with evidence. Common grounds:

• Forgery or impersonation: the executant never signed, or someone posed as the owner. Handwriting and fingerprint experts are often used.
• Fraud or misrepresentation: the executant was told it was a different document, or the land or terms were misdescribed.
• Coercion or undue influence: signature taken by threat, or by someone in a position of trust who dominated the executant (a common claim with elderly or ill parents).
• Lack of capacity: the executant was a minor or of unsound mind. For a pardanashin or illiterate woman, courts expect the person relying on the deed to prove she understood it.
• Incomplete heba: no real declaration, acceptance or delivery of possession.
• Gift in death-illness (marz-ul-maut): treated like a will, so limited to one-third and not valid in favour of an heir without the other heirs’ consent.

Unpaid price is not normally enough. If a saf kabala was genuinely executed and registered but the buyer did not pay in full, the seller’s usual remedy is to sue for the price, not to cancel the sale. A complaint that the deed contains a mistake may be fixed by a rectification deed or a correction suit rather than cancellation.

Can a heba or gift deed be revoked?

This is the question people ask most, and the answer depends on whether the gift was completed. For the rules on making a heba, see our heba deed guide.

Under Muslim law as applied in Bangladesh:

• Before possession is handed over, the gift is incomplete and the donor may revoke it.
• After possession is handed over, the donor can revoke only with the donee’s consent or by a court decree. A one-sided declaration or a fresh deed by the donor does not undo it.
• Some gifts cannot be revoked even by a court: a gift to a husband or wife; to a relative within the prohibited degrees (for example a son, daughter, brother or sister); where the donee has died; where the land has been sold or given away by the donee; where it has changed so much it cannot be identified or increased in value; or where the donor received something in return.

So a father who gifted land to his own children and handed over possession generally cannot take it back because of a later family quarrel. He or other heirs can still challenge it if it was forged, obtained by fraud or undue influence, or made in death-illness.

For Hindus, Christians and others, gifts follow the Transfer of Property Act. An accepted, registered gift can be revoked only on a condition both sides agreed to, or on grounds such as fraud that would set aside a contract.

Who can file, time limit and court fees

Who can file: the person who signed the deed, his or her heirs, or anyone whose rights the deed harms, such as a co-sharer or the true owner whose land a stranger sold. A person who did not sign usually asks for a declaration that the deed is void and not binding on him.

Where: the civil court for the area where the land lies. Whether the suit goes to the Civil Judge (formerly Assistant Judge), Senior Civil Judge (formerly Senior Assistant Judge) or Joint District Judge depends on the value of the suit.

Time limit: Article 91 of the Limitation Act gives 3 years from the date the plaintiff learnt the facts that entitle him to cancellation. Courts have applied longer periods where the deed is void and the plaintiff mainly seeks a declaration or recovery of possession, but this is argued case by case. Do not wait: delay is the most common reason these suits fail.

Court fees: if you were a party to the deed and ask for it to be cancelled, the fee is generally ad valorem, a percentage of the value of the property under the Court-fees Act. A non-party seeking only a declaration usually pays a much smaller fixed fee, but extra reliefs such as possession attract ad valorem fees. Rates change, so get the current figure from your lawyer before filing.

Documents, injunction and what happens to namjari

Papers to collect: a certified copy of the disputed deed, your own title deeds, khatians (CS, SA, RS or BS), namjari and DCR, khajna receipts, any related bayna or power of attorney, medical records if capacity is in issue, and names of witnesses to the execution. Our guide on checking land before you buy lists where each document comes from.

Stop further sales: with the suit, you can apply for a temporary injunction (Civil Procedure Code, Order 39) to stop the other side transferring the land or changing its nature while the case runs. Transfers made during the suit are in any case subject to its outcome.

Criminal case alongside: where the deed is forged, you may also file a criminal case under section 5 of the Land Crime Prevention and Remedy Act 2023 (up to 7 years) or the Penal Code. The criminal court punishes; only the civil court cancels the deed.

After the decree: the court sends a copy to the registration office to note the cancellation. Take a certified copy of the decree to the AC (Land) to cancel or correct the mutation (namjari) and the holding. If the record of rights also shows the wrong name, record correction may be needed. Suits of this kind usually take years, and appeals can add more.