Your Advocate
Query
We had decided to sell off our property after the demise of our father to purchase adequate number of flats for all our existing family inheritors. One interested buyer (Mr.X) of our neighborhood only paid us about 50 % of the cost of the property within the stipulated time and tactfully took possession of the key of one of our two floors under the pretext to carry out repairs in advance, before moving in that floor. In good faith and trust we handed over the keys. The buyer then vanished and his representative took over possession of the repaired floor of the premises without any further payment. We requested them time and again to settle the matter and revise the payment figures because of the inflation after about 2 years but they kept stalling and avoiding the issue.
In the meantime another person (Mr.Y) took the issue into account. He and his associates then drafted a dummy sale deed (unregistered), and took sign by two of us. Later when the validity period of the deed was expired we identified his malafide intention about the deed. Honorable Sir, my question now is, what is the legality of this unregistered expired dummy deed (which is in the possession of Mr.Y) and to what extent he can use it as a leverage against us to harass us or harm us or take some undue legal advantage. Also in you opinion is it essential for us to take any steps to retrieve or cancel this document and punish the fraudulent person and his accomplices.
Jamal Hussain
Response
The laws and regulations relating to sale or transfer of property, whether “moveable property” or “immovable property” are quite complex and hence, we always advise all our clients to conduct due diligence prior to execution of any kind of deed to protect their property and interest. The situation you and your family are experiencing is unfortunately very common in Bangladesh and I will not go into the details of what could have been done in the first place. In responding to you queries, please first note that there is no such legal term as “dummy sale deed” and the law defines buildings or any part of building (including roof), land are considered as “immovable property”. The document executed between you (only 2 inheritors out of four) and Mr. Y is in fact a “Bainapatra or Baina” which is a compulsory registerable document as per section 17 of the Registration Act, 1908 (the Act) as amended in 2004 and there are certain conditions that must be fulfilled for it to have any legal effect. The Act also states that legality of such “unregistered” bainapatra or baina shall not any create any legal right or interest and shall be deemed to be considered null and void in the eye of law. Regrettably, the ill intentions of Mr. Y in using it against you or your family cannot be determined but there are recourses available to protect your property/interest legally, such as filing a declaration suit in the District Court and/or criminal charges against Mr. Y/his accomplices, both of which may be lengthy and time consuming (considering the current political instability of the country). In conclusion, when dealing property of considerable value, engage an expert, have all required documentation up-to-date and follow the due process of law upon paying the required stamp duly and not rush or to take any decision in a haste manner. I hope I have been able to endow with some assistance to you and your family members.
For detailed query contact: tasnuva.shelley@gmail.com
In the meantime another person (Mr.Y) took the issue into account. He and his associates then drafted a dummy sale deed (unregistered), and took sign by two of us. Later when the validity period of the deed was expired we identified his malafide intention about the deed. Honorable Sir, my question now is, what is the legality of this unregistered expired dummy deed (which is in the possession of Mr.Y) and to what extent he can use it as a leverage against us to harass us or harm us or take some undue legal advantage. Also in you opinion is it essential for us to take any steps to retrieve or cancel this document and punish the fraudulent person and his accomplices.
Jamal Hussain
Response
The laws and regulations relating to sale or transfer of property, whether “moveable property” or “immovable property” are quite complex and hence, we always advise all our clients to conduct due diligence prior to execution of any kind of deed to protect their property and interest. The situation you and your family are experiencing is unfortunately very common in Bangladesh and I will not go into the details of what could have been done in the first place. In responding to you queries, please first note that there is no such legal term as “dummy sale deed” and the law defines buildings or any part of building (including roof), land are considered as “immovable property”. The document executed between you (only 2 inheritors out of four) and Mr. Y is in fact a “Bainapatra or Baina” which is a compulsory registerable document as per section 17 of the Registration Act, 1908 (the Act) as amended in 2004 and there are certain conditions that must be fulfilled for it to have any legal effect. The Act also states that legality of such “unregistered” bainapatra or baina shall not any create any legal right or interest and shall be deemed to be considered null and void in the eye of law. Regrettably, the ill intentions of Mr. Y in using it against you or your family cannot be determined but there are recourses available to protect your property/interest legally, such as filing a declaration suit in the District Court and/or criminal charges against Mr. Y/his accomplices, both of which may be lengthy and time consuming (considering the current political instability of the country). In conclusion, when dealing property of considerable value, engage an expert, have all required documentation up-to-date and follow the due process of law upon paying the required stamp duly and not rush or to take any decision in a haste manner. I hope I have been able to endow with some assistance to you and your family members.
For detailed query contact: tasnuva.shelley@gmail.com
For all latest news, follow The Daily Star's Google News channel.
Comments