Correcting a Wrong Khatian in Bangladesh: Land Survey Tribunal Cases, Time Limits and Appeals

In this guide: Where to correct a khatian error: which office for which mistake · What is the Land Survey Tribunal and what can it do? · Time limit for a record correction case at the Land Survey Tribunal · How to file: documents, plaint and costs · Evidence, hearing, how long it takes and appeal

The short answer

A wrong khatian entry is fixed in one of three places. While a survey is running, you object to the draft record under Rule 30 of the Tenancy Rules 1955 and can appeal under Rule 31. A clerical slip in a mutation (namjari) khatian is corrected by the AC Land on application. Once the latest survey record has been finally published, the forum is the Land Survey Tribunal under section 145A of the State Acquisition and Tenancy Act 1950. The suit must be filed within one year of final publication or of the Tribunal being set up, whichever is later, with one more year only if the Tribunal accepts the reason for delay.

Where to correct a khatian error: which office for which mistake

Start by identifying two things: what is wrong, and which record it is in. The answer decides the forum.

The AC Land cannot decide who owns land. If correcting the entry means taking land or a share from one person and giving it to another, the matter belongs to the Tribunal or a civil court. For mutation steps, see our guide on namjari (mutation).

What is the Land Survey Tribunal and what can it do?

The Land Survey Tribunal was created in 2004 by a new Chapter XVIIA of the State Acquisition and Tenancy Act 1950. It hears suits arising out of the final publication of the last revised record-of-rights prepared under section 144. Within its area it has exclusive jurisdiction over these suits, so an ordinary civil court will not hear a correction claim that belongs to it.

• Judge: a Joint District Judge. Since the 2023 amendment, Senior Civil Judges and Civil Judges (formerly Senior Assistant and Assistant Judges) can also be given transferred suits to cut the backlog.
• Powers: it can declare the record incorrect and direct the office concerned to correct it (section 145A(8)).
• Procedure: it follows the Code of Civil Procedure 1908 so far as consistent with the Act. It can summon witnesses, call for documents and public records, and issue commissions (section 145D).
• Speed: the law now requires the trial to finish within 180 days from the date fixed for final hearing.

Remember that the final published record carries a legal presumption of correctness (section 144A). The burden is on you to prove it wrong with documents and witnesses.

Time limit for a record correction case at the Land Survey Tribunal

Section 145A(6) gives one year, counted from the date of final publication of the record or from the date the Tribunal was established, whichever is later. Under section 145A(7) the Tribunal may admit a suit within the next one year if it is satisfied with your reasons for the delay. After that, the Tribunal cannot take the suit.

In practice the dates differ from district to district and even mouza to mouza, because final publication happens mouza by mouza and tribunals have been set up and renewed at different times. Time limits have been extended and reset through these notifications more than once, and bar associations regularly ask for further extensions. Do not rely on what a neighbour was told. Get the final publication date for your mouza from the settlement office or the DC record room, and take advice immediately.

If the deadline has passed, it is disputed whether you can still bring a title suit in the civil court for a declaration of ownership. Some judges and lawyers say yes; the point is not settled. A lawyer needs to look at your papers and the latest case law before you spend money on either route.

How to file: documents, plaint and costs

A Land Survey Tribunal suit is a civil suit. It starts with a plaint (arji) filed through a lawyer, naming everyone recorded in the disputed khatian and anyone whose interest would be affected, with the Government represented through the Deputy Commissioner where required.

Papers to collect:

• Certified copy of the disputed final khatian and the mouza map sheet
• Earlier khatians (CS, SA, RS) showing how the land came down
• Registered deeds and the full chain of title (via deeds)
• Warish (heirship) certificate and death certificates for inherited land
• Mutation khatian, DCR and land development tax receipts (dakhila)
• Survey papers if you have them: field porcha, DP khatian, objection or appeal orders
• Any decree or order of a court about the land

Costs: a court fee under the Court-fees Act 1870, process fees for serving notice, the cost of certified copies and the lawyer’s fee. The court fee depends on how the relief is framed, so confirm the current figure with your lawyer before filing. A survey or measurement commission, if ordered, costs extra.

Evidence, hearing, how long it takes and appeal

After filing, notices go to the defendants, who file written statements. Issues are framed, then both sides give evidence: the plaintiff and witnesses on possession, certified records, deeds and tax receipts. The Tribunal may send an advocate commissioner or surveyor to measure the land and compare it with the map. Possession on the ground, a clean chain of deeds and older records that match your claim are usually what win these cases.

How long a case takes depends heavily on the district. Some tribunals carry very large backlogs, and hearings can be months apart. The 180-day rule only runs from the date fixed for final hearing. Expect a contested case to take a few years, and a simple uncontested correction to take much less.

Appeal: a party unhappy with the judgment can appeal to the Land Survey Appellate Tribunal under section 145B within three months. The Appellate Tribunal can admit a late appeal within a further three months if the delay is explained. Since 2023 District Judges sit as appellate judges, and appellate tribunals have now been set up. Subject to the appeal, the Tribunal’s decision is final. Review by the High Court Division by writ is possible only in narrow cases, on points of law or jurisdiction.

Once you have a final decree, apply with a certified copy to the settlement office or AC Land to correct the record, then update your mutation.