THE ERRORS IN THE LAND RECORD OF RIGHTS (KHAIAN) AND THE REMEDIAL PROCEDURE IN BANGLADESH: AN ANALYSIS OF EXISTING REGULATORY FRAMEWORK AND FUTURE REFORMS

Abstract

Land record of rights (known as khatian in Bangla) is an indispensable and integral part of land administration which contains and recognizes the chain of title. It is prepared through surveying and mapping of land plots and updating ownership. It shows all the detailed interests and contains the entire information of the previous and present land owners. However, inappropriate record of rights for example mistakes in land records increases difficulties in every aspect of land tenure. In these circumstances, it is essential to be familiar with record of rights mechanism while making land records so that no mistake takes place. This paper aims to study the existing categories of land record of rights, types of usual mistakes in the record, reasons for such mistakes, methods of correction of mistakes, and liability for such mistakes in the land record of rights. In addition, this paper intends to assess the categories of core causes of challenges in land survey and records, and provides recommendations to overcome those challenges. This article is based on the primary and secondary sources and descriptive in nature. Secondary data has been collected from text books, journal articles, judicial precedents, websites, reports and so on. In completing this study, qualitative approach has been adopted to make an analytical reasoning in identifying the relevant laws as regards Record-of-rights in Bangladesh. Practical experience as a legal officer and associates of Law Chambers has been reflected in this article.