Partition Suit (Batwara Mamla) in Bangladesh: How Long It Takes, What It Costs and How to File
When co-owners of land cannot agree how to divide it, any one of them can ask the civil court to do it. This is a partition suit, or batwara mamla. It is the most common land case in Bangladesh and often the slowest, so it pays to understand the stages and the costs before you start.
- Any co-owner, heir or buyer of an undivided share, can file
- Plaintiff in possession pays a small fixed court fee; one excluded from possession pays on the value of the share
- Two decrees: a preliminary decree fixes shares, a final decree fixes the land
- Contested suits often take several years; settlement is faster
In this guide: What is a partition suit and who can file one? · Where to file and what documents you need · Partition suit court fee and total cost · Stages of a partition suit, step by step · How long does a partition suit take? · During the suit: injunction, sales, pre-emption and settlement
The short answer
A partition suit is a civil case in which a co-owner asks the court to divide jointly owned land and give each owner a separate portion (saham). Every co-owner must be made a party. The court first passes a preliminary decree fixing each person’s share, then an advocate commissioner measures the land and proposes the division, and the court passes a final decree. A plaintiff in possession pays a small fixed court fee; a plaintiff shut out of possession pays a fee on the value of the share. Contested suits often run for several years.
What is a partition suit and who can file one?
A partition suit asks the court to end joint ownership. It is used when heirs, or people who bought undivided shares, cannot agree on a bontonnama (a voluntary partition deed).
- Who can file: any co-owner, whether an heir or a buyer of an undivided share.
- Who must be parties: every co-owner of the property. Missing one co-owner can make the decree incomplete.
- Every party can claim: in a partition suit, a defendant can also ask for a separate share, so in practice each side is both claimant and defendant.
- What can be included: all the joint land, ideally in one suit, so the court can divide fairly using the whole picture.
A partition suit is different from a title suit. A partition suit divides land the parties already own together; a title suit decides who owns the land at all. If ownership is disputed, the court decides it at the preliminary decree stage.
There is generally no fixed deadline to sue for partition while you remain a co-owner. But if one co-sharer has openly shut you out for many years, they may argue adverse possession, so do not wait.
Where to file and what documents you need
File in the civil court for the area where the land lies, at the level that matches the value stated in the plaint. Since the 2021 amendment, a Civil Judge (formerly Assistant Judge) hears suits valued up to Tk 15 lakh, a Senior Civil Judge (formerly Senior Assistant Judge) above that up to Tk 25 lakh, and a Joint District Judge above Tk 25 lakh.
In districts where mandatory pre-case mediation is in force, a partition dispute in the Civil Judge’s jurisdiction must first go to the District Legal Aid Office. Check before filing.
Documents usually needed:
- CS, SA, RS or BS khatian copies and the mouza map
- Deeds through which each owner got the land, and certified copies
- Warish certificate and a family tree for inherited land; see the warish certificate guide
- Namjari (mutation) khatian, DCR and land development tax receipts
- Names and addresses of every co-owner
- Any earlier settlement, sketch map or arbitration paper
Partition suit court fee and total cost
| Cost | What to expect |
|---|---|
| Court fee, plaintiff in possession | A fixed fee under the Second Schedule of the Court-fees Act (Tk 300 in the current schedule) |
| Court fee, plaintiff excluded from possession | Ad valorem on the market value of the share claimed (s.7(vi-A)), so it rises with the value |
| Advocate commissioner | A fee fixed by the court, usually shared by the parties |
| Certified copies, survey, process fees | Small amounts that add up over a long case |
| Stamp paper for the final decree | The final decree is engrossed on stamp paper at the parties’ cost |
| Lawyer’s fee | Varies with the lawyer, the court and how hard the case is fought |
The court fee is rarely the big cost. The real expense is time: many hearing dates, a commission that may be challenged, and possible appeals. Ask your lawyer for a written fee estimate by stage, not one lump figure.
Stages of a partition suit, step by step
- Plaint. Describes the property, the chain of title, each owner’s share and the saham sought.
- Summons and written statements. Defendants reply and may claim their own saham.
- Mediation. The court can refer the case to mediation after the written statement.
- Issues, evidence and hearing. Documents and witnesses on title and shares.
- Preliminary decree (Order XX rule 18). The court declares who owns what share.
- Advocate commissioner (Order XXVI rule 13). The commissioner visits, measures and proposes sahams, keeping each party’s houses and existing possession where fair. Parties can object to the report.
- Final decree. The court accepts or adjusts the report and allots specific land to each party.
- Execution. If someone will not hand over their saham, the decree holder applies for delivery of possession.
If the land cannot sensibly be divided, the Partition Act 1893 lets the court order a sale, and lets other co-sharers buy at a valued price. Appeals against the preliminary decree and the final decree can follow.
How long does a partition suit take?
There is no fixed time. An uncontested suit, where everyone accepts the shares and the commissioner’s report, can finish much sooner than a contested one. Contested suits with many heirs, disputed deeds, or objections to the commissioner commonly take several years, and appeals add more.
What slows a suit down:
- Missing parties, especially heirs who died during the case and must be substituted
- Disputes over a deed or the record of rights
- Repeated adjournments and absent lawyers
- Objections to the commissioner’s report
What speeds it up: a complete family tree from day one, certified documents ready before filing, joining every co-owner, attending every date, and settling the agreed parts early. If most heirs agree, a compromise decree or a registered bontonnama can end the case.
During the suit: injunction, sales, pre-emption and settlement
- Injunction. If a co-sharer is building on the joint land or selling specific plots, you can ask the court for a temporary injunction or status quo order.
- Selling during the suit. A co-owner can still sell their undivided share, but the buyer takes it subject to the final decree. Courts often try to allot the land a buyer bought to the seller’s saham, where this is fair to others.
- Pre-emption. A sale of an undivided agricultural share to an outsider can trigger a separate pre-emption claim by a co-sharer by inheritance, with a two-month limit.
- Family dwelling house. If an outsider buys a share in an undivided family home and sues, a family co-sharer can buy that share at a valued price.
- Mutation during the suit. Namjari does not decide title. Inform the AC (Land) of the pending suit.
- Settlement. Parties can settle at any stage through a compromise decree or a registered bontonnama.
Prepare the papers
Khatians, deeds, warish certificate and family tree.
File and serve
Right court, every co-owner a party, correct court fee.
Preliminary decree
The court fixes each owner's share.
Final decree
Commissioner's saham, then the land and possession.
Common questions
How long does a partition suit take in Bangladesh?
There is no fixed time. A suit where everyone agrees can end quickly, but contested suits with many heirs, disputed deeds or objections to the commissioner's report often take several years, and appeals add more time.
What is a partition suit (batwara mamla)?
It is a civil suit asking the court to divide jointly owned land among the co-owners and give each a separate portion. The court first fixes the shares in a preliminary decree, then allots the land in a final decree.
How do I file a partition suit?
Collect khatians, deeds, the warish certificate and a family tree, check whether pre-case mediation applies in your district, then file a plaint in the civil court where the land lies, making every co-owner a party and paying the correct court fee.
How much is the court fee for a partition suit?
If you are in possession of the joint land, the court fee is a small fixed amount under the Court-fees Act. If you have been excluded from possession, the fee is calculated on the market value of your share.
What documents are needed for a partition suit?
Khatian copies and the mouza map, the deeds and certified copies, a warish certificate and family tree, namjari papers and tax receipts, and the names and addresses of all co-owners.
Can land be sold while a partition suit is pending?
A co-owner can sell their undivided share, but the buyer is bound by the final decree. Selling a specific plot as if it were already divided invites an injunction application from the other co-sharers.
Is there a time limit for filing a partition suit?
Generally no, while you are still a co-owner. But if another co-sharer has openly excluded you for a long time, they may claim adverse possession, so act without long delay.
What is the difference between a partition suit and a title suit?
A partition suit divides land that the parties already own together. A title suit asks the court to declare who owns the land. Title disputes between co-owners are decided inside the partition suit before the shares are fixed.
More in Land & Property
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Thinking of a partition suit?
We check the title chain and shares first, then advise whether a bontonnama, mediation or a suit will get you there fastest. A written assessment costs nothing.
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