Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law. Send your queries to the Law Desk, The Daily Star. A panel of lawyers will address your problems.

Q: I am planing of purchasing a flat from a real estate company. I would be really grateful if you kindly advice me what legal procedure I should observe before the purchase to avoid legal complexities which may arise after the purchase.
Anwarul Kabir,
Banani, Dhaka.

Your Advocate: In these days of growing dearth of land in the cities we are gradually turning to the alternative in the area of our common concern that is a fixed abode for our families. The real estate companies and other concerns are offering us the opportunity relieving us from the hazards of building houses. Though our cities are now replete with beautiful flats suited to people of almost all walks of life there is no corresponding development of uniform laws in keeping with the changing need of the time. Usually the transactions are found to be made in two ways. The developers purchase the land from its owner by a out and out sale deed or take power of attorney from the owner in various terms and conditions. The buildings are constructed. Title is transferred by a deed of sale (registered) executed in the name of the individual purchaser showing proportionately the share of the undivided land transferred with the specifications of the flat purchased. In some cases the owner of the land in his/her individual capacity makes flats for sale. In such cases title-transfer is direct and clear. A third practice is sometimes noticed; the owners-developers go into joint venture, construct buildings and transfer the flats to the purchasers by registered deeds. In any case, title-transfer-mechanism is complicated. Moreover, not all the companies/concerns are being advised by well experienced lawyers. Anomalies and legal gaps often found to persist in the documentation in particular. It is always advisable for a prospective purchaser to consult an experienced lawyer and take his help in matters of documentation and transfer of title.

Q: I am a student of North South University. My name was not enlisted in the voter's list during the last Mayor elections as I was under the age of 18 at that time. Now I crossed that age barrier and want to be enlisted as a voter. Would you please suggests me how and where I have to go to be enlisted as a voter?

Dilshad Farhana,
Segunbagicha, Dhaka.

Your Advocate: Congratulations for your attaining the age of majority and being qualified to be enrolled on the electoral roll. To turn into a voter you have to go through a prescribed procedure. An application has to be made to the Registration Officer (appointed by the Election Commission for your electoral area) in Form-7 as per Rule 20 of the Electoral Rolls Rules, 1982 . The statements made should be supported by attesting papers. Subject to notice given and inquiry made if the Registration Officer is satisfied that you are entitled to be so enrolled he will ask you to fill in Form-2 and shall after receiving such filled in Form amend the roll by making necessary entries therein. It is advisable to watch through the process up to final publication of the electoral roll. You are entitled , amongst other things, to inspect and obtain certified copies of the electoral roll and register of voters on payment of fees. Finally published Electoral roll gives you the legal status of a voter.