IMMOVABLE PROPERTY AND ZAMINDARI

Publishes by The Daily Star on June 30, 2012 (Link Above)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query
Recently I discovered that the private road belonging to our family running between paddy lands and ponds on both sides, which also belong to the family, is recorded in the ‘Khas Khatian’ (Government Property) since 1953, the year Zamindaari was abolished. We were ignorant about it all this time. Even today this road is used as a private road belonging to the family without any access to public use.

If it is taken over by the authority the entire environment and our privacy will be severely disturbed. This road is the family’s property for last 2-3 centuries. This has been inadvertently recorded in the khas khatian. Now it is imperative for the family to retrieve it and rectify the error and record it in its name. The family mosque and other religious buildings stand on one side and on the other the pond and family graveyard. I would be grateful if you advice me on how to proceed with the legal steps to correct the mistake and keep the road in the family.

Ali Hamid Khan
Uttara, Dhaka.

Response
I would like to thank you very much for your queries. From the given fact it appears that you are concerned about your immovable properties recorded in the name of the Government. I am not inclined to advice here in a very specific manner, without being able to peruse the documents. You may be able to file a declaratory suit in the competent court in order to correct the record. Moreover, you may also be able to get compensation which was paid after the abolition of Zamindari. But as it has already been six decades since the properties are recorded in the name of the Government, your entitlements are depending on the content of the documents. Hence, it is indispensible to scrutinize the relevant documents.

I advise you to consult a Lawyer along with updated documents concerning the properties. You are requested not to waste further time as the elapse of six decades may prove out to be crucial while taking any step at a later date. Property issues are getting more important day by day. In consequence, the numbers of reforms have been made to the existing law. Therefore, none of us should delay as far as such matters are concerned. I hope the aforesaid opinion will help you to take a step towards a solution to your problem.

For detailed query contact: omar@legalcounselbd.com.