TRW & Co · Land and property
Pre-emption (Haq Shufa) Cases on Land Sales in Bangladesh
A pre-emption case Bangladesh law allows lets a co-sharer by inheritance buy back a share of the family holding sold to an outsider. The deadlines are short, only heirs qualify for agricultural land, and the full price plus compensation and interest must be deposited on filing. This guide explains the rules, the Chattogram courts and the defences open to buyers.
Key pointThe full statutory deposit is a condition precedent: the High Court Division has held that a pre-emptor who deposits only part of the price at filing loses, even after winning at trial and on appeal.
At a glance
Who can apply
For agricultural land, only a co-sharer tenant of the holding by inheritance, since the 2006 amendment to section 96 of the State Acquisition and Tenancy Act.
Time limit
Two months from the section 89 notice or knowledge of the sale, and never more than three years after the sale deed was registered.
Deposit on filing
The consideration in the deed or notice, plus twenty-five per cent compensation and eight per cent simple annual interest up to the filing date.
Where to file
A miscellaneous case in the Assistant Judge or Senior Assistant Judge court for the land, with appeal to the District Judge and revision to the High Court Division.
Non-agricultural land
Section 24 of the Non-Agricultural Tenancy Act 1949 applies instead, with a four-month period and different rules on who can apply.
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A pre-emption case Bangladesh law allows (haq shufa, or "right of first purchase") lets a co-sharer of a holding force a completed sale to be reversed and the land transferred to them instead, at the price the outsider paid plus statutory compensation. In Chattogram these cases arise constantly in Patiya, Banskhali, Hathazari and the other upazilas where family holdings are split among heirs and one heir sells to a stranger.
The right is narrow and strict. Courts dismiss applications filed a few weeks late, filed by the wrong kind of co-sharer, or filed without the full deposit. This guide explains who can pre-empt, the deadlines, the deposit, the forum in Chattogram and the defences open to buyers.
The short answer
For agricultural land, the right sits in section 96 of the State Acquisition and Tenancy Act 1950. Since the 2006 amendment, only a co-sharer tenant of the holding by inheritance can apply. The application must be filed within two months of the statutory notice of sale or, if no notice was served, within two months of learning of the sale, and never more than three years after the sale deed was registered.
When filing, the applicant must deposit in court the full consideration money stated in the deed or notice, compensation of twenty-five per cent of that amount, and simple interest at eight per cent a year from the date of the deed to the date of filing. The High Court Division quoted these requirements in Civil Revision No. 4517 of 2023 (judgment of 16 July 2025), a case from a Patiya court in Chattogram.
For non-agricultural land, such as homestead and urban plots inside municipal areas, a separate right exists under section 24 of the Non-Agricultural Tenancy Act 1949, with its own rules. Choosing the wrong statute is itself a common reason for failure.
The legal framework for a pre-emption case Bangladesh courts hear
Section 96 of the State Acquisition and Tenancy Act 1950
Section 96 applies where a portion or share of a raiyat's holding is sold to a person who is not a co-sharer tenant in that holding. As quoted by the High Court Division in 2025, the current text has four features that decide most cases:
- Who: the applicant must be a co-sharer tenant in the holding by inheritance, and a person to whom the land could lawfully be sold under section 90 of the Act.
- When: within two months of service of the notice under section 89, or of the date of knowledge of the sale if no notice was served, with an outer limit of three years from registration of the sale deed.
- Parties: all other co-sharers by inheritance and the purchaser must be made parties.
- Deposit: consideration, twenty-five per cent compensation and eight per cent simple annual interest, all at the time of filing.
What the 2006 amendment changed
The State Acquisition and Tenancy (Amendment) Act 2006 (Act XXXIV of 2006) came into force on 20 September 2006. In Civil Revision No. 587 of 2022 (judgment of 11 March 2025), the High Court Division held that after the amendment only a co-sharer by inheritance can maintain a pre-emption case under section 96, and dismissed a claim by a co-sharer by purchase.
Before 2006, the period was four months, contiguous landowners could also pre-empt, and the compensation was ten per cent. Those older rules still surface in transitional cases. In Civil Revision No. 1839 of 2018, a 2024 case from Banskhali in Chattogram, the High Court Division applied the old law to a sale made before the amendment came into force.
Section 24 of the Non-Agricultural Tenancy Act 1949
Non-agricultural land follows section 24 of the Non-Agricultural Tenancy Act 1949. Judgments describe a four-month period, and in Civil Revision No. 368 of 2012 (judgment of 16 May 2024) the High Court Division noted that section 24, unlike section 96, does not give a co-sharer by inheritance priority over a co-sharer by purchase. The deposit and compensation rules also differ, so they must be checked against the current text before filing.
Registration and when time starts
The right accrues when the sale deed is entered in the registration volume under section 60 of the Registration Act 1908, not when the deed is signed. The High Court Division said so in Civil Revision No. 587 of 2022, adding that an application filed before registration is complete is premature, though it may mature while pending. In the Banskhali judgment the court also observed that completing registration under section 60 can take years.
Who can and cannot pre-empt
In almost every pre-emption case Bangladesh courts hear, standing is the first question. Under section 96, a person who bought into the holding, however long ago, is not a co-sharer by inheritance and cannot pre-empt. Neighbours who own adjoining plots lost their right in 2006. A buyer who is already a co-sharer of the holding is not a "stranger", so a sale to that buyer cannot be pre-empted.
The type of transfer matters too. The current section 96 refers to land being "sold", whereas the pre-2006 text referred to land being "transferred". Gifts (heba), exchanges and inheritance are not sales. Disputes often turn on whether a deed described as a heba or an exchange was in substance a sale.
| Point | SAT Act 1950, section 96 (current) | NAT Act 1949, section 24 |
|---|---|---|
| Land covered | Agricultural holdings of raiyats | Non-agricultural land, typically homestead and land within municipal areas |
| Who may apply | Co-sharer tenant of the holding by inheritance only | Co-sharer tenants of the land; no priority for heirs over purchasers |
| Time limit | Two months from notice or knowledge; three years outer limit from registration | Four months, as described in High Court Division judgments |
| Deposit at filing | Consideration + 25% compensation + 8% simple annual interest | Consideration plus statutory compensation; check the current text |
| Contiguous owners | No right since the 2006 amendment | Check the current text and case law before relying on it |
The deposit: the requirement that sinks most cases
In any pre-emption case Bangladesh courts decide, the deposit is a condition precedent. In Civil Revision No. 4517 of 2023, the pre-emptors filed with only part of the price, deposited the balance and compensation about ten months later, and won in both lower courts. The High Court Division reversed both decisions. Relying on Appellate Division authority, it held that failure to deposit the full amount at filing makes the application liable to dismissal, and that a later deposit does not cure the defect.
The figure to deposit is the consideration stated in the section 89 notice or the sale deed, not the market value or what the applicant thinks the land is worth. If a buyer claims to have paid more than the deed shows, the deed figure still governs the deposit. Compute compensation and interest precisely, to the date of filing, and keep the challan.
Calculate the deposit on the day you file, not the day you instruct a lawyer. Interest under section 96 runs up to the date of filing, so a deposit worked out a week earlier will be short. A short deposit is one of the easiest objections a buyer can raise in a pre-emption case Bangladesh courts decide.
How a pre-emption case runs in Chattogram
Pre-emption is filed as a miscellaneous case in the civil court with jurisdiction over the land, usually the Assistant Judge or Senior Assistant Judge court for the upazila. In the 2025 Patiya matter the case began in a Senior Assistant Judge court at Patiya Chowki, went on miscellaneous appeal to the Additional District Judge, 1st Court, Chattogram, and ended in the High Court Division on civil revision.
- Find out about the sale. Obtain a certified copy of the sale deed from the relevant sub-registry and note the dates of execution and registration. Check whether a section 89 notice was served on you.
- Confirm standing. Trace your share through the khatian and inheritance documents to show you are a co-sharer by inheritance in the same holding. Our land document verification guide explains which records to pull.
- Choose the statute. Decide whether the land is agricultural (SAT Act) or non-agricultural (NAT Act), checking municipal and city corporation boundaries.
- Calculate and deposit. Compute consideration, compensation and interest to the filing date and deposit the full sum by challan with the application.
- File within time. File the miscellaneous case, naming the buyer, the seller and all other co-sharers by inheritance.
- Trial. Both sides lead evidence on standing, limitation, the nature of the transfer and the deposit. The buyer may also contest knowledge of the sale.
- Order and conveyance. If allowed, the court orders the land to be transferred to the pre-emptor and the deposit paid to the buyer. Follow through with registration formalities and mutation.
- Appeal and revision. The losing side may bring a miscellaneous appeal to the District Judge and then a civil revision to the High Court Division.
Defences for buyers
A buyer of a share in a family holding is exposed until the limitation period runs out. The usual defences mirror the statutory conditions:
- the applicant is a co-sharer by purchase, not by inheritance, or not a co-sharer of that holding at all;
- the application is out of time, measured from notice, knowledge or registration;
- the deposit was short or late;
- the transfer was not a sale, or the buyer was already a co-sharer;
- the land is non-agricultural and the wrong statute was used, or the reverse;
- a necessary party, such as another co-sharer by inheritance, was not joined.
Buyers can reduce risk before completing. A title check that maps every co-sharer by inheritance, and an offer to them before sale, lowers the chance of a pre-emption case Bangladesh courts would entertain. Proper service of notice under section 89 starts the short two-month clock.
An illustrative scenario
This scenario is illustrative only; the parties are generic. Three brothers inherit an agricultural holding near Hathazari. One brother sells his share to an outside buyer without telling the others. The deed is executed in January, but registration under section 60 is completed months later. The second brother learns of the sale at a family wedding.
The second brother is a co-sharer by inheritance, so he has standing. His two-month period runs from his date of knowledge, but he must also stay within three years of registration. He obtains a certified copy, calculates the deed price plus twenty-five per cent and eight per cent interest to the planned filing date, deposits it, and files in the Senior Assistant Judge court, joining the buyer, the selling brother and the third brother.
The buyer argues that the second brother knew of the sale earlier. The case will turn on evidence of knowledge. That is typical of a contested pre-emption case Bangladesh courts try, and it is why pre-emptors should record how and when they learned of the sale, and buyers should serve notice properly.
Risks and common mistakes
Waiting for the family to "settle it"
Two months passes quickly when relatives are negotiating. The period does not pause for informal talks, and courts measure limitation strictly. If you intend to pre-empt, prepare the deposit and application while discussions continue. You can still settle after filing, but you cannot revive a lapsed right. Remember the three-year outer limit too: even a co-sharer who never learned of the sale loses the right three years after registration of the deed.
Depositing part of the money and asking for time
Lower courts sometimes allow a staged deposit, and pre-emptors sometimes win at trial on that basis. The High Court Division has repeatedly said that the full statutory deposit at filing is a condition precedent and that a court cannot cure a short deposit by later directions. A decree obtained on a partial deposit is vulnerable all the way up. Arrange the funds first, including through family members abroad, before the filing date.
Relying on an old understanding of the law
Many people still believe neighbours can pre-empt, or that any co-sharer can. That was the position before 2006 for agricultural land. Today, under section 96, only co-sharers by inheritance can apply, and contiguous owners have no right. Older guides and village advice often reflect the old law, so check the current text before spending money on a case that cannot succeed.
Using the wrong statute for urban or homestead land
Large parts of Chattogram are within the city corporation and municipal areas, and land use has changed quickly. A plot recorded as agricultural decades ago may now be non-agricultural, or the reverse. Filing under section 96 when the NAT Act applies, or vice versa, invites dismissal. Check the record of rights, the land's current use and the municipal boundary before choosing the statute.
If you or the buyer live abroad
Many co-sharers of Chattogram holdings live in the Gulf, the UK or South-East Asia, and many learn of a sale late. Time runs from knowledge, so keep a record of when and how you heard. A co-sharer abroad can bring a pre-emption case Bangladesh courts will hear through a properly executed power of attorney, but the attorney must be in place, and the deposit funded, inside the two-month window. Our guide for NRBs buying land covers the buyer side.
What to do next
- Get a certified copy of the sale deed and note the execution and registration dates.
- Confirm whether the land is agricultural or non-agricultural.
- Confirm you are a co-sharer by inheritance in the same holding.
- Calculate the full deposit to the filing date and arrange the funds.
- Identify every co-sharer by inheritance to join as a party.
- Check the limitation rules and file without delay.
TRW & Co's land disputes team at our Chattogram office acts for pre-emptors and buyers, and our advocates appear in the Chattogram civil courts and the High Court Division. Related matters often lead to a partition suit. To discuss a pre-emption case Bangladesh courts are likely to hear, contact us, email info@trw.co or call +880 1779 127165.
Frequently asked questions
01What is the time limit for a pre-emption case in Bangladesh?
For agricultural land under section 96 of the State Acquisition and Tenancy Act 1950, the application must be made within two months of service of the notice under section 89 or, if no notice was served, within two months of the date the applicant learned of the sale. There is also an outer limit: no application lies more than three years after the sale deed was registered. Courts treat the right as accruing when registration under section 60 of the Registration Act is complete. Non-agricultural land under the NAT Act has a different, four-month period.
02Can a neighbour file a pre-emption case for agricultural land?
Not under the current law. Before the 2006 amendment, owners of contiguous land could pre-empt agricultural land under section 96. The State Acquisition and Tenancy (Amendment) Act 2006, in force from 20 September 2006, limited the right to co-sharer tenants of the holding by inheritance. A neighbour, or a person who bought into the holding, cannot now pre-empt agricultural land under section 96. Transitional cases involving sales made before the amendment may still be governed by the old law.
03How much money must be deposited to file for pre-emption?
Under section 96(3) of the State Acquisition and Tenancy Act, the applicant must deposit, at the time of filing, the consideration money stated in the section 89 notice or the sale deed, compensation at twenty-five per cent of that amount, and simple interest at eight per cent a year on the consideration from the date of execution of the deed to the date of filing. The High Court Division has held that a short or late deposit renders the application liable to dismissal.
04Can I pay the deposit later with the court's permission?
Relying on that is dangerous. In Civil Revision No. 4517 of 2023, decided in July 2025, the pre-emptors deposited part of the price at filing and the rest about ten months later. Both lower courts allowed pre-emption, but the High Court Division reversed them, holding, on Appellate Division authority, that the full deposit is a condition precedent and that later directions or deposits do not cure the defect. Arrange the full amount before filing.
05Which court in Chattogram hears pre-emption cases?
Pre-emption is filed as a miscellaneous case in the civil court with territorial and pecuniary jurisdiction over the land, usually the Assistant Judge or Senior Assistant Judge court for the upazila. Appeals go to the District Judge and are often heard by an Additional District Judge in Chattogram. A further challenge lies by civil revision to the High Court Division. Recent High Court Division decisions have involved cases that began in courts at Patiya and Banskhali.
06How can a buyer protect against pre-emption?
Before buying a share of a family holding, map every co-sharer by inheritance from the khatian and inheritance records, and consider offering them the land first or obtaining their written consent. Make sure the statutory notice of sale is served, because that starts the short two-month period. Keep the deed price accurate, since it fixes the deposit. If a case is filed, check standing, limitation, the deposit, the nature of the transfer and whether the correct statute was used.
Sources and official materials
- State Acquisition and Tenancy Act 1950 — Section 96: right of pre-emption for agricultural holdings
- High Court Division, Civil Revision No. 4517 of 2023 — Full deposit at filing is a condition precedent; Patiya, Chattogram (16 Jul 2025)
- High Court Division, Civil Revision No. 587 of 2022 — Only co-sharers by inheritance after 2006; right accrues on registration (11 Mar 2025)
- High Court Division, Civil Revision No. 1839 of 2018 — Transitional rule for pre-2006 sales; Banskhali, Chattogram (15 Jul 2024)
- High Court Division, Civil Revision No. 368 of 2012 — Section 24 NAT Act: no priority for heirs over purchasers (16 May 2024)
- Registration Act 1908 — Section 60: completion of registration
General information only, current as at 27 October 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
