Heba, Danpatra or Saf-Kabala?
Disclaimer: General information, not legal advice. Personal law differs by religion, and registration duties change with each Finance Act. Consult a lawyer and the Sub-registry before choosing a deed type.
Three different deeds transfer property in Bangladesh, and choosing the wrong one is an expensive mistake to unwind.
Saf-Kabala — the sale deed
The ordinary instrument of sale. Money moves, the deed is registered at the Sub-registry office, and ownership passes to the buyer. This is what any arm's-length purchase uses, and the full schedule of registration duties applies.
If you are buying from someone who is not family, this is the deed.
Heba — gift under Muslim personal law
A gift without consideration. Commonly used between close relatives, and often attracting lower duties than a sale when made between the relations the law recognises.
For a heba to be valid, three conditions must all be satisfied:
1.
Declaration — the donor clearly offers the gift
2.
Acceptance — the donee accepts it
3.
Delivery of possession — possession actually passes to the donee
The third is where families come unstuck. A heba declared on paper while the donor continues to occupy and control the property as before can be challenged. Possession has to genuinely change hands.
A variant, heba-bil-ewaz, involves some consideration and is treated differently — closer to an exchange than a pure gift.
Danpatra — gift deed
The gift instrument used outside Muslim personal law. Also without consideration, also registered, with its own requirements as to acceptance and registration.
Choosing between them
Buying from an unrelated seller
Parent to child, spouse to spouse (Muslim law)
Gift outside Muslim personal law
Transfer with partial payment
Take advice — may be heba-bil-ewaz or a sale
What still has to happen afterwards
Whichever deed is used, the transfer is not finished at the Sub-registry. You must still:
Complete namjari (mutation) so the record of rights shows the new owner
Start paying khajna in the new owner's name
Collect the DCR and updated khatian
A property transferred by heba but never mutated creates exactly the same problems as an unmutated purchase. See our namjari guide.
Questions families ask
Can a heba be revoked?
Once the three conditions are complete, revocation is difficult and in several situations not permitted at all. Take advice before relying on the possibility.
Is heba cheaper than a sale deed?
Between recognised close relatives it usually attracts lower duties. The exact rates change with each Finance Act — confirm current figures at the Sub-registry.
Can a flat be given by heba while the donor keeps living in it?
This is precisely where delivery of possession becomes contested. Discuss the arrangement with a lawyer before executing anything.
Does a heba need to be registered?
Registration of immovable property transfers is the safe course, and is what makes the transfer provable later. Do not rely on an unregistered family arrangement.
Our khatian verification guide explains how to check what the records currently say before any transfer.