Real Estate and Property Disputes
Rahman’s Chambers has significant experience and success record involving complex real estate and land related disputes. We are a full service firm having separate teams of senior, mid-level and junior lawyer and clerks in High court, district court, tribunals and arbitration for delivering premium, effective and efficient dispute resolution service involving real estate and property matters. The Chambers and Partners 2023 Asia Pacific Guide ranked Rahman’s Chambers for Dispute Resolution. Their editorial states: “Rahman’s Chambers houses a well-regarded litigation practice in Bangladesh with significant experience in construction disputes. Possesses additional experience in land, banking and insolvency issues. Also assists clients with arbitration proceedings.
One of our respected clients was kind enough to comment about our work as follows:
The Firm has been incremental in providing its relentless support while handling several litigations…We are also pleased with the combined teamwork of both the High Court team and the District Court team of the Firm as they have successfully handled the suits at every stage while displaying excellent decision making prowess and ability to make tactical decisions while taking chances based on a well-formed legal strategy which resulted in the successful recovery of the possession of the land in 2018.
Rahman’s Chambers were successfully able to assist client in recovering possession of their land with building in a very prime location in Dhaka after nearly two decades of legal battle started at District court and ended in the Appellate Division. Finally with the Help of police force as per the order of the honorable execution court enforcing the judgement confirmed by Appellate Division the possession was recovered.
For Full News, reported in the Daily Star please click here.
Rahman’s Chambers has been ranked for Dispute Resolution for the second time, in addition to being consecutively ranked for Corporate & Finance.
-Chambers & Partners, 2023 – 2021
“Additionally has a recognised practice in such areas as business formation, projects and energy, real estate and employment matters.
–Chambers & Partners, 2020
Mr. Mohammed Forrukh Rahman has been ranked (Band II) for Corporate & Finance.
“he is a knowledgeable and very co-operative person. I have discussed many issues with him and he gives me the right suggestions.”
–Chambers & Partners, 2019
“Their response times are excellent and they make you feel generally very well informed..”
–Chambers & Partners, 2018
“Rahman’s Chambers handles foreign investment and disputes involving corporate transactions, finance… “
–Legal 500, 2018
Our completed cases are:
POSSESSION AND TITLE DISPUTES
- We acted for our client, a building society of a large building in a major commercial hub in Dhaka, and were successful in stopping the lease related renovation works which has been carried out by a renowned shopping mall, by filing a suit and getting a helpful order from a learned Joint District court Dhaka. There were electric, gas load limits, some access needed for a large mall were created illegally. Heavy machines like generator, huge ACs were installed using the entire common space etc. Finally a single person signed the lease whereas there are other owners of the leased property
- Successfully handled complex disputes involving rights to receive rent by landowner, developer and lending bank of a commercial lease from the tenant. The matter was litigated before the rent control tribunal and later appeal filed before the District judge court against the order.
- Advised and assisted a major MNC based in Hong Kong over disputes involving the purchase of 50+ acres of land subject to acquisition rights of the Ministry of Land. There were complex issues involving failure to take prior permission, misrepresentation, non-disclosure, promissory estoppel, and legitimate expectation.
- Assisted Data Edge Limited in recovering possession of land located in a prime location after successfully resolving a number of cases in client’s favor pending in both higher & lower judiciary.
KHAS KHATIAN DISPUTES
- Handled khas khatian related dispute, assisted in survey and demarcation of land and assisted in the process of acquisition of khas land completed several mutations for a major textile company.
- Representing high net worth clients in lower and higher judiciary involving a disputes involving disputed heba deed, partition, demarcation and ownership of a multi-storied commercial building in a major location in Dhaka.
GOVT LAND ACQUISITION CASES
- Handled several cases arising from land acquisition cases for a public body and private clients.
LAND DEVELOPMENT DISPUTES
- We have assisted client in the process of resolving disputes for several landowners against a renowned land developer involving delay in payment and construction of a commercial building at Gulshan Avenue. Under common law, a force majeure clause cannot be implied and must be present in the JV agreement. Besides, it must have the word “pandemic” etc. regardless of how the parties believed.
- We have recently completed advising a reputed Real Estate Developer in a number of complex transactions involving joint venture, sale of residential apartment and commercial outlets, shops, etc also matters involving owning, operation and maintaining of common areas, representation, associational rights, etc. A large commercial project involves much complex issues as it has many stakeholders, huge land and commercial documents compared to residential. Several laws also come into play. It took almost 6 months to complete the work.
MORTAGE AND POWER DISPUTES
- Handled litigation involving ascertaining true owner and executant of power and mortgage deed arising out of loan recovery cases.
LAND SURVEY RELATED DISPUTES
- Assisted client on correction of records through land survey tribunals
Practice Guide – Dispute Resolution ( Land)
Real estate and Property related legal issues can be divided into (a) freehold land and buildings matters, (b) leasehold land and building matters, and (c) real estate development matters. Before the acquisition, purchase of land, or long-term lease for commercial purpose clients often require a comprehensive due diligence report on several complex matters involving authenticity, title, possession & history of land transfer. The same can only be provided by a physical search of books and records in a number of offices, besides physical survey is often required to locate & measure the land. On completion of due diligence, if land/building/apartment is found satisfactory, the client often needs assistance in preparing registration of Deed of Agreement for Sale (Baina); Sale Deed; Lease Agreement, etc. followed by mutation. Dealing with land matters is a very complex affair in Bangladesh as there is no option for online searching. Clients who haven’t taken legal assistance at the time of acquisition or rent does, later on, find themselves falling into disputes involving ownership, possession, etc. Legal assistance is often required in resolving disputes in different tribunals & courts, which is a time-consuming affair. Understanding Land documents require significant experiences in the Bangladesh context as land documents are complex by nature. Besides, searching genuineness of documents in land offices and completing registration and mutation etc. are skilled based work requiring a high level of understanding and experience in Land matters.
Any party aggrieved by an order or judgement of trail court in a dispute involving ownership, inheritance, false transfer, forgery, measurement, possession, eviction, easement, mortgage, leasehold interest etc may file Appeal, Revision or even writ to high court division.
Most land related disputes starts with filing civil or title suit in district judge courts. There are different courts with different power and jurisdictions.
Correction of records, land acquisitions by govt are commenced with AC land, Kanulgo or DC offices.
Disputes involving national surveys records are resolved by specialized tribunals formed for this purposes.
Land development and building construction disputes are often resolved through arbitration due to presence of arbitration clause in the agreement.
Related Resources - Library
We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more
Our Reported Cases
Dr. Moosa Bin Shamsher vs. Ayub Ali & Others 2 LNJ (2013) 18C, 2 LNJ (2013) 1