Your Advocate
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.
Query
In the year 1972 75 my late grand father had purchased around 80 katha lands in the name of my father, uncles, aunts and relatives and family friends. The cost of land of my father, uncles and aunts was paid by my grand father
The owner of the land from whom my grand father purchased the land had also sold land to other persons of the same khatiyan. At the time of purchase the entire land was pond as a result during rainy season entire land would submerge under 5-6 feet of water.
In 1989 my grand father left this world and he could not take possession of the entire land as per purchase deed and also as the land was low there were no road and no proper demarcation of land. Since then father took the initiative to take possession of the land and also to make provision for road and demarcation etc. with other co-owners consent.
After two years of hard work with local commissioner, leaders and local influential persons; he took possession of around 95% land for which he and few of my uncles had to sit with above persons including local amin( who measures land) several times.
My father had to spent around Tk. 25,000/= for making provision for roads, fees of amin, buying pillars, labor charges, and to make a small tin shade for a care- taker of the entire land.In the year 1999-00 during Dhaka Jarip all the lands were correctly recorded as per our possession.
Lastly in the year 2003-04 he and few other owners took initiative to fill the entire land by sand and all owners agreed to pay for the sand filling of their portion after the completion of the work. On behalf of all the owners my father guaranteed to pay the contractor immediately after completion of work.
However after completion of the stated work, around 25% of the cost wasn't paid by co-owners but as per guarantee my father had to pay 100% cost to the contractor in due time .Despite repeated written and verbal request, till today my father did not receive his dues from co-owners.
Since 2004 all the lands are 100% ready to build house and live with roads, electricity, gas etc.Now most of the owners have built houses on the land and getting rent.
Since 1990 except 1 or 2 person out of 18 none have paid their portion of expenses which my father paid during 1990-92.
My grand father have purchased the land @ Tk. 3000 5000/= per khata and by the year 1990-92 same land price went to around Tk. 15,000/= per katha. The present land value is around Tk. 1,000,000/= per katha.
Since all owners have taken possession of their land and built house, my father requested them to pay their long outstanding dues as detailed above in following manner:
1. As cost of earth filling was say Tk. 1/= per square feet in 2004 and the same is now Tk. 3/=. My father asked to pay their due portion of earth filling at the present rate i.e.TK.3/= per sq. feet as despite repeated written and verbal request none of the owners paid their due portion within almost seven years.
2. To pay the amount spent in 1990-92 considering cost of land at that time. For example during 1990-92 land value per katha was Tk15,000/= and now land value per katha is Tk. 1,000,000/=.
My father spent Tk. 25,000/=(say) in 1990-92 and with this money at that time he could buy 1.66 katha of land there (TK 25,000: TK.15,000/ =1.66 )
Now as the cost of land is Tk. 1,000,000/= (say) per khata my father demanded Tk. 16,00,000/= from all owners who did not pay their dues since 1990-92.( Tk.10,00,000.00 x 1.66 =16,00,000.00
Now would you kindly advise me whether my father's demands are justified or not.
Mr. SM
Dhaka.
Response
From the given facts it appears that there was an oral agreement between your father and other co-owners as far as taking possession and filling of the land are concerned. As oral agreements are enforceable, the parties to the agreement are bound to carry out their obligations and, therefore, your father is also entitled to the amount outstanding. However, had there been a written agreement it would have been evidentially more advantageous.
Considering your query, demand of your father seems to be unreasonable. Because claiming the amount at the present rate does not sound to be fair enough. Nonetheless, your father can claim interest over the outstanding amount at present Bank rate.
I hope the aforesaid suggestion will help you to resolve your queries.
For detailed query contact: omar@legalcounselbd.com
