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

In this guide: Option 1: the bontonnama · Option 2: the partition suit · Pre-emption: when a co-sharer sells to an outsider · Before and after partition

The short answer

Co-owners of inherited land divide it in one of two ways. By agreement: every co-sharer signs a partition deed (bontonnama or batwara dolil) and it is registered at the Sub-Registry. By court: any co-sharer files a partition suit, the court declares each share, has the land surveyed and allotted, and passes a final decree. Until one of these happens, every co-sharer owns an undivided share in every part of the land, whoever is living on it.

Option 1: the bontonnama

This is faster and far cheaper when the family agrees.

• Everyone must sign. One missing heir, whether a married sister, a sibling abroad or the children of a deceased brother, can later challenge the whole deed. An heir abroad can sign through a properly executed power of attorney.
• Get the shares right first. Calculate the inheritance shares, including the children of any heir who died earlier. A deed built on wrong shares is a future lawsuit.
• Protect minors. A minor’s share cannot safely be dealt with by a relative alone. It needs a court-appointed guardian with the court’s permission, or the minor can set the deed aside later.
• Register it. A partition of immovable property must be registered. A family “understanding” or an unregistered paper gives no secure title, although long separate possession may later help as evidence.
• Schedule every plot. Mouza, khatian and dag numbers, and the exact area going to each person, ideally with a sketch map signed by all.

Registration costs for a partition deed are much lower than for a sale, because they are charged on the value of the land excluding the largest share. Check the current schedule at the Sub-Registry before the appointment.

Option 2: the partition suit

When agreement fails, any co-sharer can file a partition suit in the civil court with jurisdiction over the land. In districts where mandatory pre-case mediation is in force, the dispute must first go to the District Legal Aid Office.

How the suit runs

• Plaint. Every co-sharer is made a party, with the title history and each person’s claimed share.
• Preliminary decree. The court decides title and declares the shares.
• Advocate commissioner. Surveys the land and proposes a plot (saham) for each co-sharer, taking account of houses, possession and access.
• Final decree. The court confirms the allotment. It 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 a sale and divide the proceeds, and a co-sharer may be allowed to buy out the others. Contested partition suits commonly take several years. That alone is a reason to try hard for a deed.

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

If a co-sharer sells part of an undivided agricultural holding to a stranger, another co-sharer by inheritance can apply to the court under section 96 of the State Acquisition and Tenancy Act 1950 to take the land at the sale price.

• File within two months of being served with notice of the sale, or of learning of it, and in any case within three years of registration.
• Deposit the sale price, plus 25 per cent compensation and 8 per cent simple annual interest.
• For non-agricultural land, section 24 of the Non-Agricultural Tenancy Act 1949 gives co-sharers a similar right with its own time limit.

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

Before and after partition

• Do not build on or sell a specific part of undivided land before partition. It invites a suit and an injunction.
• Bring the khatian and inheritance mutation up to date before drafting the deed.
• After registration or the final decree, each co-sharer should apply for separate mutation of their own plot and start paying land development tax in their own name.