Who will swear/affirm affidavit as required under the Bangladesh (temporary provision) order, 72 (P.O. No.142/72)

Last Updated on 08/02/2023 by সাব-রেজিস্ট্রার শাহাজাহান আলী বিপিএএ

Government of Bangladesh

Ministry of law and parliamentary affairs

Sec. Regn. VI

No. 68-R6//IR-8/76                                                      Date: 3-2-78

From: Syed Misbauddin Hussain

Dy. Secy.

To: The Inspector General of Regn, Bangladesh, Dhaka.

Sub: Registration of documents of transfer of immovable properties under P.O. No. 142/72

In super-session of the G.O. No. 1A-12/72/469-RL. Dt. 8-12-1972 issued by the Ministry of Land Admn. & Land Reforms, the undersigned is directed to say that whereas confusion has arisen as to who will swear/affirm affidavit as required under The Bangladesh Transfer of Immovable Property (Temporary provisions) Order, 72 (P.O. No. 142/72), the following further clarifications are issued  for guidance of all concerned:

  1. Persons authorized under sec 32 of the Regn, Act, 1908 (Act XVI of 1908) to present documents shall swear/affirm affidavit before the Registering Officer to whom the document is presented for regn. and it should form a part of the document.
  2. An affidavit under article 4 of the above mentioned P.O. sworn/affirmed before a 1st class magistrate should also be accepted by a Registering Officer, if it is otherwise in order.
  3. A document of transfer of Immovable Property executed by a Civil Court on behalf of the transferor also comes within the preview of Articles 4 & 5 of the aforesaid P.O. In such cases, the affidavit may be sworn  by the decree-holder (pltff) or some body conversant with the facts to be stated  in the affidavit.
  4. Usual stamp duty payable under the provisions of the Stamp Act, 1809 (read 1899) as amended up to date and regn. fee as per provisions of the Regn. Act, 1908 (Act XVI of 1908) as amended from time to time should be charged on such affidavit as usual.
  5. Immediate instructions may be issued to all Registering Officers accordingly.

Sd/
M. Hussan Dy. Secy

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