FOR a long time, land and property management in Bangladesh has been trapped in a vicious cycle of complexity, harassment and irregularities. Citizens seeking land-related services frequently face administrative hurdles, unnecessary delays, the dominance of brokers and various forms of corruption. Deed registration — the primary legal basis for property transfer — has long been paper-based, slow and vulnerable to malpractice. People are often required to visit sub-registrar offices repeatedly over several days, endure procedural complications and ultimately rely on brokers or intermediaries. As a result, the registration process, instead of symbolising legal security, has become synonymous with fear, anxiety and inconvenience for many.
In this context, the government has introduced significant amendments to the Registration Act, 1908, through the Registration (Amendment) Ordinance, 2026 and the Registration (Second Amendment) Ordinance, 2026. Together, these ordinances amend nine sections of the Act — 17(a), 26, 52(a), 68, 72, 73, 74, 77(a) and 80 — and mark an important step in establishing the legal framework for e-registration in Bangladesh for the first time.
It is important to note that these ordinances were issued during the caretaker government under the constitutional authority of the President, as provided under Article 93(1) of the Constitution, in view of urgent circumstances. Following the national parliamentary elections, the newly elected government has assumed office. Therefore, to ensure the permanence and full legal validity of these ordinances, they must be placed before and approved by Parliament within the constitutionally mandated timeframe. Parliamentary approval will convert them into full-fledged laws, strengthening implementation of the e-registration system and enhancing public confidence.
One of the key features of these ordinances is the revised timeframe for submission and registration of deeds. Under the amended provisions, the registration period for certain deeds under Section 17(a) has been extended from 30 to 60 days. Similarly, under Section 26(b), the period has been extended from four to six months, particularly for deeds executed abroad, such as Power of Attorney documents. In practice, the earlier four-month limit was often insufficient due to consular procedures, postal delays and administrative complexities. The revised timeframe offers greater flexibility and facilitates property management for expatriates.
Another significant change is the inclusion of Hiba (gift) and donation declarations within the registration framework. Section 52(a) has been amended to extend registration requirements beyond sales to include declarations of Hiba under Muslim personal law and donation declarations under Hindu, Christian and Buddhist personal laws. As a result, a substantial category of property transfers that were previously informal or oral — and often led to disputes — will now gain legal recognition. This is particularly significant in the context of family property distribution, where disputes arising from gifts or Hiba have been widespread. Mandatory registration is expected to strengthen evidentiary standards, reduce conflict and improve legal transparency.
Furthermore, heirs will now be able to register property sales, Power of Attorney deeds, Hiba or donation deeds and related declarations without requiring separate title registration. Longstanding complexities in title registration have forced many heirs to navigate prolonged bureaucratic procedures, often exposing them to intermediaries and irregularities. The new provisions are expected to reduce this burden significantly. At the same time, property transfers will become faster and less costly, offering tangible relief to citizens.
The ordinances also strengthen accountability within the registration system. Section 68 has been amended through the insertion of a new sub-section (3), stipulating that if a registration officer registers a deed without collecting the appropriate fees, taxes, service charges, or duties, the act will be deemed improper and the unpaid amounts will be recovered from the officer concerned. This provision sends a strong signal regarding financial discipline and may help reduce irregularities in registration offices, where complaints of manipulation and under-collection of fees have long persisted.
In addition, specific time limits have been introduced to streamline administrative processes. Section 72 now includes sub-section (1a), requiring appeals to be resolved within 45 days of submission. Similarly, Section 73 introduces sub-section (3), mandating that applications be disposed of within 30 days. These defined timelines are intended to reduce delays, improve administrative discipline and address long-standing citizen grievances related to procedural uncertainty.
A major feature of the ordinance is the insertion of a new Twelfth (a) part under Section 77(a), enabling the submission, acceptance and registration of deeds through government-approved digital systems. The government will issue detailed rules through gazette notifications. Once implemented, e-registration will significantly modernise the deed registration process. Paper-based procedures will be reduced, record-keeping will become more secure, risks of document loss or damage will decline and long queues at registration offices will be eased. At the same time, the role of intermediaries is expected to diminish, improving direct citizen access to services.
Section 80 has also been replaced, requiring that all fees, taxes, service charges and duties be paid at the time of deed submission. The government will issue detailed rules regarding payment mechanisms and service charge management. This measure is expected to enhance transparency in revenue collection and improve overall efficiency in the registration process. The introduction of digital payment systems may further reduce irregularities and strengthen fiscal accountability.
Potential Challenges in E-Registration
While the ordinances represent a significant step forward, careful attention must be given to implementation. Citizens in rural areas with limited digital literacy may face difficulties in accessing e-registration services. Establishing support centres or digital service desks at the union level may therefore be necessary. Cybersecurity is another major concern, as digitisation may shift risks from paper-based fraud to electronic forgery or data manipulation. Strong servers, encrypted systems, regular backups and continuous monitoring will be essential safeguards. A further challenge lies in the shortage of trained personnel within sub-registrar offices. Without adequate technical training and institutional capacity, e-registration risks remaining a formal reform without effective practice.
In conclusion, the Registration (Amendment) Ordinance, 2026 marks a major transformation in Bangladesh’s land and property governance framework. A significant share of property disputes in the country arises from deed fraud, complications in title registration, weak evidentiary standards for gifts and Hiba and prolonged administrative delays.
If effectively implemented, these amendments can improve transparency, reduce citizen harassment, increase government revenue and accelerate economic activity. However, as the ordinances were issued in interim form, their long-term validity depends on parliamentary approval. Such approval will convert them into full laws and strengthen institutional confidence in the e-registration system.
Ultimately, lawmaking is only the first step; implementation is the real test. Skilled personnel, reliable infrastructure and public trust will determine success. E-registration is not merely a technological upgrade, it signals a shift in governance culture, where time, cost and dignity of citizens are better protected. Bangladesh now stands at the threshold of this transition; the task ahead is to secure its legal foundation through Parliament while ensuring effective, transparent and corruption-free implementation.
Dr Jahangir Alam Sarker is a lawyer and researcher.
