Transferring property by heba (hiba), preparing a will, or registering a gift deed are common legal steps for family planning, succession and estate management in Bangladesh. This guide explains, in plain language, exactly how these instruments work under Bangladeshi law, when registration is required or optional, the step-by-step process, typical fees and timelines, practical tips to avoid disputes, and what to do if problems arise.
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Heba / Hiba (gift): a voluntary transfer of property from a donor to a donee without consideration. Under Muslim law it can be completed by declaration and acceptance; for immovable property it must usually be effected by a registered instrument.
Gift deed / Hiba deed (written): a document recording the donor’s declaration and the donee’s acceptance (often called a “hibanama” or gift deed). For immovable property, this instrument generally must be registered.
Will: a legal document by which a testator disposes of property to take effect after death. Wills may be deposited with a Registrar, and probate may be required after death to enforce the will. Registration rules differ from gift/deed registration.
Immovable property transfers by gift (heba) must be effected by a registered instrument. The Transfer of Property Act and Registration Act make registration necessary for transfer of immovable property.
Wills may be deposited with a Registrar and registered; probate may still be required after the testator’s death. The Registration Act permits deposit and registration of wills, but court probate remains the standard route to validate and execute a will.
Registration timelines matter: Except for wills (which follow special rules), most registrable documents must be presented for registration within statutory time limits (check the Registration Act and local practice).
Different rules for movable vs immovable property: Gifts of movable property often do not require registration; immovable property transfers almost always require a registered instrument. Check the nature of the asset first.
Proper documentation and acceptance are essential for a valid heba: Under Muslim law, declaration by the donor plus acceptance by the donee completes a valid gift in many cases — but written evidence and registration prevent disputes.
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Heba / gift of immovable property: Register the gift deed at the Sub-Registrar — registration is generally mandatory to perfect title and protect the donee.
Gift of movable property: Registration is not usually required, but keeping a written, witnessed document is best practice.
Will: You can deposit a will with a Registrar for safekeeping; registration of a will is permitted. However, probate (court confirmation) is generally necessary to administer the estate after the testator’s death. Deposit with a Registrar reduces risk of loss but does not remove the need for probate.
Draft the gift deed (Hibanama / Gift Instrument)
Clearly state donor’s intent, description of the immovable property (mouza, khatian/plot, area), donor & donee details, date, and explicit acceptance by the donee. Add witnesses and specify any conditions (if any). Use professional drafting to avoid ambiguity.
Verify title and chain of ownership
Before execution, verify title via porcha/khatiyan, registered deed search at the Sub-Registrar, mutation and any encumbrances (mortgages, attachments). This avoids gifting property that isn’t fully owned or that has legal claims.
Execute the deed before witnesses and/or notary
Donor and donee should sign in the presence of witnesses. Many practitioners also notarize documents to strengthen authenticity.
Present the instrument for registration at the Sub-Registrar
Submit the signed instrument with required ID, proof of ownership, power of attorney (if used), and pay stamp duty and registration fees. Registration makes the instrument legally effective against third parties.
Apply for mutation / revenue update
After registration, apply to the local Land Office for mutation (namjari) so revenue records reflect the donee as owner. Mutation is essential for tax, utilities and municipal matters.
Typical timeline: drafting & verification 3–10 days; registration day depends on Sub-Registrar workload — many districts register in 1–7 days once paperwork is complete. Bank or court checks can take longer.
Draft a clear, legally valid will
Identify testator, executors, beneficiaries, precise gifts, residual clause and witness signatures. Consider legal heirs under personal law (Muslim, Hindu, Christian) when distributing property. Professional drafting reduces contestation.
Optional — Deposit the will with a Registrar
The Registration Act 1908 allows deposit/registration of wills with a Registrar for safekeeping. This preserves the original and provides official custody.
After death — apply for probate or letters of administration
The executor applies to the District Court for probate to validate the will and obtain authority to distribute assets. If there is no will, letters of administration may be required. This court process includes public notices and objections period.
Execute estate administration
Once probate is granted, the executor can transfer registered immovable property, close accounts, obtain mutation and carry out distributions as per the will. Keep records of all transactions for potential scrutiny.
Note: Depositing a will with a Registrar reduces the risk of loss or tampering but does not eliminate the court’s probate requirement to transfer property titles in many cases.
For hibanama / gift deed registration (immovable property)
Drafted gift deed in Bengali or English.
Donor and donee identity proofs (NID/passport).
Proof of ownership: certified copy of registered deed(s) / Porcha (RoR) / khatian.
Mouza map / plot plan.
Two or more witnesses’ IDs.
Power of Attorney (if any), duly notarised.
Stamp duty & registration fees (receipt).
For will deposit / registration
Original will (signed and witnessed).
Testator ID and proof of address.
Deposit/registration form at Sub-Registrar (where available).
Additional proof if the deposit is by an agent.
Registration fees: Vary by document type, value and district. Gift deeds commonly attract a much lower registration fee than sale deeds (Registration Act provisions). Check local Sub-Registrar rates before submitting.
Stamp duty: Depends on the value and nature of the transfer. For gifts, statutory schedules often set modest fees compared with sale transactions. Always get a stamp duty calculation from your lawyer or Sub-Registrar.
Because fees and schedules change, get a written cost estimate from your legal advisor or the Sub-Registrar’s office before you execute documents.
Undisclosed encumbrances: Check for mortgages, attachments or court orders at the Sub-Registrar and local courts.
Lack of acceptance evidence: Under Muslim law, donor’s declaration plus donee’s acceptance is essential — document acceptance clearly.
Informal/unregistered transfers: For immovable property, an unregistered gift is vulnerable. Always register at the Sub-Registrar.
Disputes among heirs: Proper drafting, witness signatures and clear records reduce the risk of will or gift being contested. Consider family meetings or notarised declarations when making inter-family transfers.
Missing probate for wills: Failing to obtain probate can block title transfers; plan for probate and executor support.
Gift / Hibanama — core clause (example)
“I, [Donor name] of [address], hereby irrevocably gift to [Donee name] the immovable property described as [full description: mouza, khatian/plot, area] with immediate effect. The donee has accepted this gift in my presence today, [date].”
Include witness signature lines, donor/donee NIDs and full property particulars before registration.
Will — residuary clause (example)
“I direct that all my remaining movable and immovable assets after payment of debts, funeral and administration expenses be distributed as follows… [clear percentage or specific bequests]. I appoint [Executor name] to apply for probate and to administer my estate.”
Use a lawyer to convert these examples into legally effective instruments tailored to your situation.
For movable goods, a hiba may be valid without registration. For immovable property, registration of the gift instrument is generally required to perfect title. Always register immovable property gifts.
Yes. The Registration Act provides for deposit/registration of wills with the Registrar for safekeeping. Deposit reduces risk of loss but probate is often needed after death.
If documents are correct, Sub-Registrar registration can be done in a few days to a couple of weeks; obtaining mutation may take longer depending on local revenue office workload.
Common remedies include defending via civil suit for declaration or cancellation, seeking injunctions, or applying for probate with full disclosure. Early legal advice and strong documentation reduce risk.
We provide a full service for heba, gift deed and will matters in Bangladesh:
Title searches and porcha/khatiyan verification.
Drafting and notarising gift deeds, hibanama and wills.
Sub-Registrar filing, stamp duty advice and registration.
Post-registration mutation and revenue coordination.
Probate applications and estate administration support.
Litigation and dispute resolution if a challenge arises.
Want to register a heba, prepare a secure will, or confirm a gift deed the right way? Book a consultation with our expert team today. We will review your goals, draft watertight documents, manage registration and mutation, and ensure your transfer or estate plan is legally safe and enforceable. We provide clear guidance, transparent fees and the best legal protection for your family’s assets.
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