Reforming land registration in Bangladesh

The promulgation of the Registration (Amendment) Ordinance 2026 marks a significant step towards modernising the land and property registration system of Bangladesh. The Ordinance modifies the core of the century-old Registration Act, 1908 by incorporating electronic registration (e-registration), and updating various provisions of the procedure to make deed registrations more efficient, accountable and transparent. In this write-up, I will discuss the most important changes brought. 

First, the ordinance allows deeds to be presented, received and registered electronically through the insertion of a new Part XIIA and section 77A to the Registration Act. This change can help to cut down bureaucratic time wastage, limit discretionary abuse, and minimise physical interaction, which has been viewed as root of corruption in land offices. Online registration also offers the prospects of enhancing record keeping, simplifying document retrieval and their long-term incorporation with land records, mutation systems, and taxation databases. If implemented effectively, e-registration has the potential to prevent disputes that may result from lost or manipulated documents.

The ordinance further amends the current deadlines so that the registration process becomes more practical. The amended section 17A has raised the time frame of registering some of the documents to 60 days from 30 days. Similarly, under section 26, the maximum permissible delay has been increased from four months to six months. These modifications are especially beneficial for land transactions in rural settings and in transactions that involve multiple parties. Although stricter deadlines provide certainty, excessive rigidity in deadlines usually leads to procedural injustice. In my view, the updated time limits provide a balance between the administrative discipline and practical flexibility.

Another significant amendment came with regard to the registration of hiba (gift under Muslim personal law) and the declaration of gift under Hindu, Christian, as well as Buddhist personal laws. Through amendments to section 52A, the ordinance formally brings declarations of gift and donation alongside sale deeds within the registration framework. Moreover, the incorporation of the word donor in addition to the word seller is both accommodating and legally consistent. This reform strengthens documentary evidence of title, and may help prevent disputes over informal or unregistered transfers, which often clog the civil courts in Bangladesh.

Next, with the amendment of section 68, a new sub-section has been incorporated that indicates that where a registering officer registers a document without fees, taxes and service charges or duties, this will be considered as a misconduct. Moreover, the amount of money unpaid will be retrieved directly through the concerned officer. In my view, this modification will potentially strike at the root of collusion and negligence that have been longstanding within the land administration. By imposing a personal financial liability, the law establishes a clear message that compliance with the procedures is not optional. 

The ordinance also sets specific deadlines to be used in disposing appeals and applications with the aim of minimising administrative delays. Under the amended section 72, an appeal shall be disposed of in 45 days from the date of filing it. Similarly, under section 73, the applications to registrars where sub-registrars refuse to register on the ground of denial or execution has to be decided within 30 days. Such timelines will prove essential in improving public confidence in the registration system. Delayed decisions often lead to uncertainty, increased litigation, and exploitation of weak parties. 

All in all, the legal framework presented by the ordinance is progressive, but only its effective implementation will make it useful. This will require, among others, proper infrastructure, training of registration officers and public awareness. The problem of digital reforms is that they may unintentionally marginalise certain sections of the citizens in case technological access and literacy are not tackled properly. In addition, data protection and cybersecurity should be provided alongside digital land records due to the sensitivity of property information. With proper implementation, nurturing, and supervision, the new changes have the potential to benefit the citizens, investors, and the justice system at large.

The writer is law student, BRAC University.