A significant update to property registration laws came into force on January 1, 2026, with the enactment of the Registration (Amendment) Ordinance, 2026. This ordinance amends several key sections of the century-old Registration Act, 1908, introducing changes to the digital registration process, fees, penalties, and timelines.
Here is a structured overview of the critical amendments and provisions.
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1. Key Amendments at a Glance
The ordinance has modified several sections, with notable changes to:
· Section 77K: Digital registration procedures.
· Section 80: Document submission timelines and official responsibilities.
· Sections 72, 73, 74: The appeal process against refusal to register.
· Sections 17K & 52K: Contract registration and digital deed submission.
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2. Revised Registration Process & Timelines
Completion Deadline:
· The Registrar must complete registration within 30 days of the deed's submission.
Digital Registration (Section 77K):
· Introduces provisions for digital registration, with specific software and technical requirements to be detailed in subsequent government rules.
Document Submission Windows:
The law specifies strict time limits for presenting documents for registration after execution:
Section Time Requirement & Context
Section 23 Within 3 months of deed execution.
Section 23K Within 4 months in extraordinary circumstances.
Section 24 & 25 Generally within 4 months for specific documents.
Section 26 Within 6 months for certain deed presentations.
Section 27 "Any time" where specifically applicable.
Important: Failure to submit within these mandatory periods can result in the deed being ineligible for registration.
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3. New Fees Structure
· Section 78: The government will prescribe registration fees through official rules.
· Section 78K: Specifies a nominal fee of 100 Taka for registering a Gift Deed (Heba) when the property is gifted to specified close relatives (e.g., parents, children, spouse, brother's daughter), subject to property value limits.
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4. Enhanced Penalties for Offences
The amendments have strengthened the penalty framework to ensure compliance:
Section Offence Penalty
81 Executor fails to provide necessary documents/info. Min. 7 days imprisonment or a fine, or both.
82 Making false declarations about property. Imprisonment or a fine, or both.
82K Demanding/taking money beyond prescribed fees. Up to 3 months imprisonment or a fine up to 500 Taka, or both.
62 Registration official provides false information. Specific liabilities as prescribed.
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5. Grounds for Refusal to Register & Appeal
When Can Registration Be Refused?
Officials must record reasons for refusal. Key grounds include:
· Unpaid property taxes (S.19).
· Document presented by a minor, disabled person, or under pressure (S.20, 21).
· Issues with property title, boundaries, or supporting documents (S.22K).
The Appeal Process:
· First Appeal: Must be filed with the Sub-Registrar within 30 days of refusal.
· Further Appeal: If refused by the Sub-Registrar (S.73), a subsequent appeal can be made within 45 days of the initial refusal order.
· Registrar's Order: Once the Registrar orders registration, the document must be registered. Non-compliance within 30 days may attract penalties.
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6. Critical Effects of Registration vs. Non-Registration
· Priority & Validity (S.47): A registered document is valid from its registration date and gains priority over any unregistered but registrable document.
· Constructive Notice (S.48): Registration acts as public notice to all. Unregistered documents provide no valid notice to third parties.
· Admissibility (S.49): An unregistered document that is compulsorily registrable CANNOT be admitted as evidence to prove any transaction affecting immovable property (sale, gift, mortgage, lease, etc.).
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7. Mandatory (Compulsory) Registration
Section 17 lists documents that must be registered, including:
1. All instruments of gift of immovable property.
2. Non-testamentary instruments that create/assign any right/title in immovable property valued at 100 Taka or more.
3. Leases of immovable property for a term exceeding one year.
4. Contracts for the transfer of immovable property (e.g., Baynanama/Sale Agreement under S.17K), which must be registered within 60 days of execution.
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8. Key Procedural Directives
· Digital Deeds (S.52K): Officers cannot refuse registration of digital deeds if they comply with prescribed format (Article 1950), protocols, and have proper supporting documents (family tree, authenticated old deeds, tax receipts).
· Place of Registration (S.28): Property documents must be registered in the office of the Sub-Registrar within whose jurisdiction the property is situated.
· Duty of Officers (S.52): Must ensure submission rules, fee payment, and proper certificate issuance are followed.
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