Legal checks before you buy a smart move

Proper paperwork before purchasing a property is crucial, as buyers often struggle to manage it effectively—especially when verifying the authenticity of land and apartment deeds provided by realtors. Conducting thorough checks in advance can reduce complications, ensure property ownership rights, and facilitate loan approvals for apartment purchases, ultimately securing the buyer's rights after acquisition.
"Before buying any flats, the papers of the flats need to be vetted by good lawyers, whether the land is mortgaged or not, and this should be checked at the sub-registrar's office. But without thoroughly searching the papers, it is not a wise decision," mentions Md. Wahiduzzaman, President of REHAB.
He also shares that whenever a developer takes land from landowners, they thoroughly verify the papers; thus, when a buyer purchases from a developer, it is generally trustworthy.

Key documents to verify
There are two key sets of documents that need to be thoroughly checked for accuracy:
The first includes the papers and designs approved by Rajuk, which ensure that the building's construction has been authorised by the relevant city authorities. Deed-Related Documents and Tax Receipts is the second set consists of deed-related documents and tax receipts for the land, which confirm the legal ownership and possession of the property.
Realtors advise potential buyers that the first step in purchasing an apartment in Dhaka is to verify whether the project is approved by Rajuk. There's no need to be overly cautious about the project itself, as Rajuk only approves developments after thoroughly reviewing all relevant documents. If any issues are found in the paperwork, the project is typically not approved.
"Buyers should also request a copy of the building plan approved by Rajuk and ensure that the construction follows the approved plans. While having an advocate check all documents might incur additional costs, it's important to remember that if Rajuk has approved the building or apartment, the provided approval papers, along with the certified planning drawings, should offer sufficient assurance," notes Mehedi Hasan, Chief Design Coordinator of Credence Housing Ltd.
The second step is to visit the land office to confirm whether the land is officially recorded under the developer's name or that of the person selling the apartment.
From a legal perspective, customers should verify land ownership before purchasing a property. They can check the title of the land at the sub-registrar's office, confirming the authenticity of the deeds. The possession of the land can be ascertained by visiting the local Assistant Commissioner's (AC) Office and verifying records and mutation. Additionally, the local Tahsil office maintains the payment registers of the land development tax, which also implicates the current possession details, ensuring that the land has been legally mutated under the owner's name and that property taxes are being duly paid.

Scrutinising agreements and deeds
For any property purchase, buyers must carefully scrutinise the deeds and possession details. Developers enter into contracts with landowners, specifying the terms of land sharing, which then serve as the deed for the development project. They ultimately execute the power of attorney to develop the property. "This agreement outlines key details of the apartments, including their size and number, and the developer company sells them to customers accordingly. This deed is legally considered a vital document in the purchase of the apartment," explains Md. Amir Khasru, an advocate at the Supreme Court of Bangladesh.
He further emphasises that reading and verifying the agreement papers is crucial for buyers, as these documents serve as the official deeds of the apartments.

The role of home loans in verification
Availing a home loan is considered highly beneficial for potential buyers, as banks thoroughly check all necessary documents before approving any proposal. Real estate insiders believe that home loans also provide an added advantage to buyers by ensuring proper verification of property documents, as banks do not invest without authentic paperwork.
H M Mostafizur Rahaman, SEVP & Head of Retail Business at Dhaka Bank PLC, shares, "we, as a bank, collaborate with reputable developers who meticulously prepare their documentation. When a funding proposal is submitted to us, our bank's legal team reviews all necessary documents to ensure their validity. As a retail loan provider, we prioritise our customers by financing up to 70% of the apartment's total cost, which they repay in instalments over 10–20 years. Therefore, we conduct rigorous paperwork checks to safeguard our home loan customers. Dhaka Bank has partnered with 36 renowned real estate companies, allowing customers to secure home loans for apartments constructed by these developers."
He advises buyers to purchase property from well-known real estate companies that are members of REHAB, as this minimises deed and document-related complications. Since developers acquire land and finalise agreements before selling apartments, it ensures the accuracy of property transactions—protecting both buyers and developers' reputations. Additionally, real estate companies are evaluated based on their adherence to contractual commitments in delivering apartments.
Purchasing property is one of the most significant financial decisions many people make. By thoroughly verifying legal documents and following the proper procedures, buyers can secure peace of mind and protect their investment. Whether through Rajuk approval, verifying land ownership, or ensuring that all deeds and tax receipts are in order, taking these legal steps will safeguard the buyer's rights and facilitate a smooth, hassle-free transaction.
Comments