Property Law and Land Rights
Course Overview

Property law in Bangladesh is a complex area governed by a mix of statutory laws, common law principles, and customary practices. The primary legislation dealing with property rights is the Transfer of Property Act, 1882, which provides the basic framework for property transactions. Land rights in Bangladesh are particularly complex due to historical factors and the country's high population density. The land registration system is governed by the Registration Act, 1908, which requires the registration of most property transactions. However, the registration process can be cumbersome and prone to disputes. The Land Reform Ordinance, 1984 introduced significant changes, including restrictions on land ownership and provisions for the protection of sharecroppers. The State Acquisition and Tenancy Act, 1950 abolished the zamindari system and established a direct relationship between the government and tenants. Dispute resolution in property matters often involves both formal court proceedings and alternative dispute resolution mechanisms. The civil courts have jurisdiction over property disputes, but cases can be lengthy and complex. The Real Estate Development and Management Act, 2010 regulates the real estate sector, providing some protection to property buyers. Recent initiatives, such as the digitization of land records and the introduction of e-mutation systems, aim to streamline property transactions and reduce disputes. However, challenges remain, including the prevalence of benami (proxy) ownership, lack of comprehensive land surveys, and conflicts between statutory and customary land rights, particularly in the Chittagong Hill Tracts region.