How to Divide Inherited Land in Bangladesh: Bontonnama Deed, Partition Suit & Pre-emption

In this guide: Option 1: the partition deed (bontonnama) · Option 2: the partition suit · Pre-emption: when a co-sharer sells to an outsider · Practical tips

The short answer

Co-owners of inherited land can divide it in two ways. By agreement, all co-sharers sign a partition deed (bontonnama / batwara dolil) and register it at the sub-registry. By court, any co-sharer can file a partition suit; the court declares each share, has the land surveyed and allotted, and passes a final decree. Until partition, every co-sharer owns an undivided share in every inch of the land.

Option 1: the partition deed (bontonnama)

This is the faster and cheaper route when the family agrees.

• Everyone must sign. One missing heir, including a married sister abroad or the children of a deceased sibling, can later challenge the whole deed. An heir abroad can sign through a properly authenticated power of attorney.
• Minors need protection. A minor’s share should be handled through a court-appointed guardian, or the deed can be set aside later.
• Registration is compulsory under the Registration Act. An unregistered family “understanding” gives no secure title.
• Schedule every plot precisely: mouza, khatian, dag numbers and the area allotted to each person, preferably with a sketch map.

Registration fees for a partition deed are modest compared with a sale: they are charged on a slab based on the value of the land excluding the largest share, plus fixed stamp duty and other small fees. Confirm the current schedule at the sub-registry or with your lawyer, because rates are revised by government notification. After registration, each co-sharer should apply for separate mutation (namjari).

Option 2: the partition suit

When agreement fails, a co-sharer files a suit for partition in the civil court with jurisdiction over the land, determined by the valuation of the suit (Assistant Judge, Senior Assistant Judge or Joint District Judge). In districts where mandatory pre-case mediation under the Legal Aid Services Act has been rolled out, partition disputes must first go to the District Legal Aid Office.

How the suit runs

1. Plaint: all co-sharers are made parties, with the title history and each person’s claimed share.
2. Preliminary decree: the court decides title and declares the shares.
3. Advocate commissioner: surveys the land and proposes plots (saham) for each co-sharer, taking account of possession, houses and access.
4. Final decree: the court confirms the allotment, which is then implemented through mutation and, if needed, delivery of possession.

Where a house cannot sensibly be divided, the Partition Act allows the court to order sale and division of the proceeds, and a co-sharer may be allowed to buy out the others.

Pre-emption: when a co-sharer sells to an outsider

If a co-sharer sells part of an undivided agricultural holding to a stranger, a co-sharer tenant by inheritance can apply to the court under section 96 of the State Acquisition and Tenancy Act 1950 to buy it back (pre-emption). The key rules:

• File within two months of service of the sale notice or of learning about the sale, and in any case within three years of registration.
• Deposit the sale price plus 25% compensation and 8% simple annual interest.
• It does not apply to homestead land, and different rules apply to non-agricultural land.

Deadlines are strict. Missing the two-month window is the most common reason pre-emption cases fail.

Practical tips

• Get the inheritance shares calculated correctly first, including grandchildren of predeceased heirs.
• Check that the record of rights (khatian) and mutation are up to date.
• Do not build on or sell a specific part of undivided land before partition.
• Keep land development tax (khajna) paid and receipts in order.