Heba, Gift & Will Registration in Bangladesh 2025 – How to Register Hiba, Gift Deed & Will

Transferring property through Heba (Hiba), Gift Deed, or Will is common in Bangladesh, especially for family and inheritance matters. Each of these transfers follows specific legal rules under the Transfer of Property Act 1882, the Registration Act 1908, and in some cases, Muslim personal law.

This article explains in simple terms how to legally do Heba, Gift Deed, and Will registration in Bangladesh, the steps involved, documents required, legal effects, and common mistakes to avoid.

What is Heba (Hiba) in Bangladesh

Heba, also spelled Hiba, means gift in Islamic law. It refers to the voluntary transfer of property ownership by a person (the donor) to another (the donee) without any consideration or payment.

Under Muslim Law, a Hiba is valid when the following three conditions are fulfilled:

1. Declaration of gift by the donor.
2. Acceptance of the gift by the donee.
3. Delivery of possession of the property to the donee.

Once these three steps are completed, the gift becomes legally binding and irrevocable, unless made under fraud or coercion.

However, to make the transfer enforceable under Bangladeshi law and to ensure future legal protection, the Heba should be registered with the Sub-Registrar’s Office.

What is a Gift Deed

A Gift Deed under the Transfer of Property Act 1882 is a legal document that records the voluntary transfer of ownership of immovable property without any exchange of money. Unlike Heba, which is governed by Muslim personal law, a Gift Deed applies universally to all individuals, regardless of religion.

A Gift Deed is valid only when:

• The donor is of sound mind and owns the property.
• The gift is made voluntarily, without coercion.
• The donee accepts the gift during the donor’s lifetime.
• The deed is registered under the Registration Act 1908.

Registration gives the Gift Deed full legal validity and ensures protection of ownership rights.

What is a Will

A Will is a legal declaration made by a person (the testator) regarding the distribution of their property after death. It takes effect only upon the testator’s death, unlike Heba or Gift Deed, which take effect immediately.

Under Bangladeshi law:

• Any adult of sound mind can make a Will.
• It can be modified or revoked anytime before death.
• The Will must be signed by the testator and attested by at least two witnesses.
• Though not mandatory, registration of a Will adds strong legal validity and prevents future disputes.

Legal Basis for Heba, Gift, and Will Registration

• Transfer of Property Act, 1882 – Governs gifts of immovable property.
• Registration Act, 1908 – Makes registration mandatory for certain property transfers.
• Muslim Personal Law (Shariat) Application Act, 1937 – Applies to Muslims for Hiba (Heba).
• Succession Act, 1925 – Governs the making and execution of Wills.

Why Registration is Important

Although oral gifts (especially in Heba) may be valid under Islamic law, unregistered transfers create major risks such as:

• Ownership disputes after the donor’s death.
• Difficulty in mutation and record updates.
• Denial by legal heirs or challenges in court.

Registration ensures:

• Legal recognition by the Sub-Registrar.
• Public record of ownership.
• Protection against fraud, claim, or manipulation.

Step-by-Step: How to Register a Heba (Hiba) or Gift Deed in Bangladesh

1. Prepare the Deed

Draft a Heba Deed or Gift Deed on stamp paper describing:

• The details of the donor and donee.
• Clear property identification (plot number, khatian, location).
• Statement of voluntary gift and acceptance.
• Date of transfer and signature of both parties.
  A lawyer or deed writer should prepare this document in compliance with legal formats.

2. Attach Required Documents

• Original title deed of the property.
• Updated khatian or mutation record.
• National ID copies of both donor and donee.
• Passport-size photos of both.
• Up-to-date rent receipts or holding tax documents.
• Duly filled application form for registration.

3. Visit the Sub-Registrar’s Office

Both donor and donee must appear before the Sub-Registrar Office under whose jurisdiction the property is located.

4. Verification and Payment of Fees

The Sub-Registrar will verify ownership documents, identity, and intent. Pay the applicable registration fees, stamp duty, and service charges based on the property’s value and location.

5. Execution and Registration

After verification:

• Both parties sign the deed in the presence of witnesses.
• The Sub-Registrar records thumb impressions and photographs.
• The deed is then officially registered, and a certified copy is issued.

6. Mutation (Name Transfer)

After registration, apply for mutation (updating land records) at the local Land Office to record the donee’s ownership.

How to do Will Registration in Bangladesh

1. Draft the Will

The Will must clearly mention:

• The name, age, and address of the testator.
• List of properties with details.
• Name(s) of beneficiaries and share distribution.
• Appointment of an executor.
• Signature of the testator in the presence of two witnesses.

2. Attestation by Witnesses

At least two witnesses must sign and attest that the Will was executed voluntarily.

3. Optional but Recommended: Registration

Although registration is not legally mandatory for a Will registration in Bangladesh, it is highly recommended to prevent disputes and forgery.

To register:

• Visit the Sub-Registrar’s Office with the Will.
• Submit national ID, photographs, and witnesses.
• Pay a small registration fee.
  Once registered, it is stored safely in government records and cannot be easily challenged.

4. After Death: Probate

After the testator’s death, the executor or any beneficiary must apply for probate at the District Judge’s Court to legally administer the Will and transfer ownership.

Costs and Timeframe

For Heba or Gift Registration:

• Stamp duty and registration fees vary by property value and region (generally between 2% to 3% of market value).
• Legal fees and documentation charges depend on the lawyer or firm.
• The whole process usually takes 1–3 weeks.

For Will Registration:

• Fees are minimal (flat government fee).
• The process is completed within 2–5 working days.

Important Legal Notes

• Heba or Gift must be accepted during the donor’s lifetime; otherwise, it becomes invalid.
• Conditional gifts (gifts made on future events) are not recognized under Muslim law.
• Once possession is delivered, a valid Heba cannot be revoked except with consent of the donee.
• A Will can always be changed or revoked before death.
• Gifts made with intent to defraud creditors can be declared void by a court.

Differences Between Heba, Gift Deed, and Will

Type	When It Takes Effect	Registration	Can It Be Revoked?
Heba (Hiba)	Immediately upon delivery of possession	Recommended	Usually irrevocable
Gift Deed	Immediately upon registration	Mandatory	Irrevocable once accepted
Will	After death of testator	Optional but recommended	Revocable anytime before death

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Common Mistakes to Avoid

1. Not registering the deed leads to disputes and ownership challenges.
2. Using vague or incorrect property descriptions.
3. Failing to deliver possession in case of Heba.
4. Not attesting the Will properly with witnesses.
5. Ignoring mutation after registration.

Frequently Asked Questions (FAQ)

Why Work with Dewey & LeBoeuf

At Dewey & LeBoeuf, our experienced legal team assists clients in Bangladesh and abroad with Heba, Gift Deed, and Will registration. We prepare accurate deeds, ensure compliance with registration laws, and handle all steps from document drafting to mutation.

Whether you are gifting property to a loved one or preparing a Will to secure your family’s future, our experts ensure your documents stand strong in court and protect your legacy.

Contact our legal team today for personalized assistance with Heba, Gift, or Will registration anywhere in Bangladesh.