Vested Property in Bangladesh: Ka and Kha Schedules and How to Get It Back

In this guide: What is vested property (VP property)? · Ka and Kha schedules: what changed in 2013 · How to get Ka-schedule property back: the tribunal process · How to check whether property is vested (the gazette list) · Buying or leasing vested property: the risks

The short answer

Vested property is property that came under government control through the 1965 enemy property laws and the 1974 laws that followed. The Vested Property Return Act 2001, as amended, now limits it to properties in the gazetted Ka (ক) schedule, which are in government possession. Original owners, their heirs and successors who are Bangladeshi citizens and permanent residents could apply to the district Vested Property Return Tribunal; the last date was 31 December 2013. The Kha (খ) schedule was cancelled in 2013, and those properties are treated as never vested. The courts have also held that no property could lawfully be made vested after 23 March 1974.

What is vested property (VP property)?

During the 1965 India-Pakistan war, the Pakistan government made the Enemy Property (Custody and Registration) Order 1965. It allowed the state to take control of property belonging to people treated as “enemies”, mainly those who were in or had moved to India. In practice it fell most heavily on Hindu families, including many relatives and co-sharers who stayed in the country.

After independence, the “enemy property” was not returned. A 1972 order and two 1974 Acts kept it with the Bangladesh government under the new name vested property (অর্পিত সম্পত্তি). The Deputy Commissioner of each district manages it, often through yearly leases.

Two points of law matter today:

• The 1974 cut-off: in Aroti Rani Paul v Sudarshan Kumar Paul the Appellate Division held that, after the emergency law lapsed in March 1974, no new property could be treated as vested. In 2022 the Appellate Division again declared any vesting after 23 March 1974 illegal.
• The Return Act: the Vested Property Return Act 2001 was passed to return vested property to its owners. It was amended in 2002, 2011, 2012 and 2013. The 2011 to 2013 amendments created the gazette lists and the tribunals that decide claims.

“Vested property” is different from khas land. Khas land is ordinary government land; vested property was private property taken under the enemy property laws, and the law now aims to give it back.

Ka and Kha schedules: what changed in 2013

The 2011 amendment told the government to publish district-wise, mouza-wise gazette lists of vested property in two schedules.

Section 28A says the Kha schedule is cancelled as if those properties had never been listed as vested. Tribunal decisions on Kha property became void and pending Kha cases and applications ended automatically. The government and private parties keep whatever rights they have under the ordinary law, so title disputes about former Kha land go to the ordinary civil courts.

Section 9(6) is just as important: property that is not in the gazetted list cannot be treated as vested. If the land office or anyone else calls your land “VP” but it is not in the Ka gazette for your mouza, ask them to show the gazette entry.

For former Kha land, owners usually apply to the AC Land office for mutation and to pay land development tax. Some offices still ask for a certificate from the DC office. If mutation is refused only because of an old VP note, take legal advice.

How to get Ka-schedule property back: the tribunal process

Who can claim: the original owner, his or her heirs, or successors-in-interest (people who lawfully acquired the owner’s interest), who are Bangladeshi citizens and permanent residents.

1. Application: claims had to be filed before the Vested Property Return Tribunal of the district, a Joint District Judge or Senior Assistant Judge, within 300 days of the gazette. The law later extended the last date to 31 December 2013.
2. Hearing: the Tribunal hears the claimant and the Deputy Commissioner. It is meant to decide within 300 days, with short extensions.
3. Appeal: either side can appeal within 45 days to the Appellate Tribunal (the District Judge or an Additional District Judge). The usual extension of time under the Limitation Act does not apply.
4. Implementation: the decree goes to the DC within 45 days. If the property is with the government, the DC hands it over; if someone else occupies it, the DC gives up to 30 days’ notice and then evicts. The record of rights is then corrected in the owner’s name.

Missed the deadline? New tribunal applications are closed. The remaining routes are narrow and depend on the facts. In February 2026 the High Court released land from the Ka list on a writ petition, holding that a listing based on a VP case started after 23 March 1974 was invalid, where the owners showed a clean chain of title, mutation, tax payment and possession, and the government had never held the land. A lawyer should review the VP case date, the gazette entry and your papers before any step is taken.

How to check whether property is vested (the gazette list)

Before buying, inheriting or partitioning land in an area with a history of VP cases, check the following:

• Gazette list: the Ka (and the cancelled Kha) lists were published district-wise and mouza-wise in the official gazette. Copies are kept at the DC office (the vested property or revenue section) and the AC Land office. Search by mouza, khatian and dag number.
• Khatian: vested land is often recorded in the name of the Deputy Commissioner as custodian of vested property, or carries a “VP” note with a VP case number. Check the SA, RS and latest BS khatians.
• Lease records: ask the union land office whether anyone holds a VP lease for the dag.
• Court and tribunal cases: ask whether a tribunal case, appeal or writ is pending, and get certified copies of any decree.

If the land is in the Ka list, treat it as unsafe to buy until a final tribunal decree or court order has released it and the record has been corrected. If it appears only in the old Kha list, the VP issue has ended by law, but the ordinary title still has to be checked. Our guide on what to check before you buy land covers the rest of the search.

Buying or leasing vested property: the risks

Buying: section 8 of the Act makes any sale, gift, mortgage or other transfer of Ka-listed property void until it is returned under the Act. A registered deed does not help, and section 7 stops anyone from suing in an ordinary court to have listed property declared non-vested or applying for mutation of it. Buyers who paid for Ka-listed land usually find themselves without title and without an easy remedy.

Leasing (eksona lease): until Ka property is returned, it stays under the DC’s control, and the DC can lease it, usually year by year. In 2023 a larger High Court bench confirmed the DC’s power to lease and held that vested property disputes belong to the Tribunal. A lease holder:

• gets a right to use the land for the lease period only, not ownership;
• must hand over the land if the Tribunal decrees it to the owner;
• cannot sell the land or the lease, and paying lease money for years does not create title.

If the government ever sells listed property, the Act gives first priority to a co-sharer by inheritance and then to the person in possession as lessee.

For heirs, the practical lesson is to keep every paper: old deeds, CS and SA khatians, succession documents, tax receipts and any VP lease or case papers. These decide claims, appeals and record corrections. If a family member has a decree, make sure the DC has actually implemented it and the khatian has been corrected.