Civil law in Bangladesh

Civil law in Bangladesh applies nationwide and governs legal relationships between private individuals and organizations. It covers the formation and breach of contracts, property and land, family relationships, inheritance, damages, court proceedings and the enforcement of judgments. The formal institutions operate nationally, while fees, practical procedures and case duration may vary significantly depending on the court, district and case. This overview reflects the researched legal position as of September 5, 2026. Civil claims generally follow the civil procedure code (Code of Civil Procedure 1908). Civil courts decide claims unless a statute excludes their jurisdiction. The court hierarchy runs from Assistant Judges and Senior Assistant Judges through Joint District Judges and District Judges to the Supreme Court of Bangladesh, with its High Court Division and Appellate Division. According to current judicial guidance, ordinary monetary jurisdiction lies below 15 lakh Taka with the Assistant Judge, from 15 to 25 lakh Taka with the Senior Assistant Judge, and from 25 lakh Taka with the Joint District Judge; the specific jurisdiction also depends on the subject matter and applicable rules. For land, the location of the property is generally decisive. For other claims, the defendant’s residence or place of business and the place of the relevant events may be decisive. The party bearing the burden of proof must establish the alleged facts. The Limitation Act 1908 may bar a late claim, appeal or application even without an objection from the opposing party; the exact period depends on the claim. Contracts generally require free consent, legally competent contracting parties, lawful consideration and a lawful purpose. Under the Contract Act 1872, contractual capacity generally requires majority under the applicable law, mental capacity and the absence of a statutory disqualification. The general age of majority is 18 under the Majority Act 1875; it may be 21 where a court-appointed guardian or the Court of Wards supervises the person’s property. Special laws may additionally require writing, witnesses or registration. For a breach of contract, a claim under the Contract Act typically compensates natural or foreseeable loss, but not remote or indirect loss. Depending on the case, possession protection, specific performance, declaratory relief, injunctions or a receiver under the Specific Relief Act 1877 may also be available, as well as special rules for sales of goods under the Sale of Goods Act 1930. For land, the review usually proceeds from the chain of title and the title deed (Dalil), through registration, to mutation or the name-record update (Namejari) and the updating of the Khatian. A sale of immovable property generally requires a registered instrument; a mere agreement for sale does not itself transfer ownership or a security interest. Gifts, Islamic gifts (Heba), and certain instruments concerning ownership, other land rights, leases and mortgages are also subject to registration requirements. The instrument is generally presented within three months to the competent Sub-Registrar at the location of the land. An unregistered instrument may lose its legal effect. The DLRS prepares and corrects land records and cadastral maps (Mouza Map), while Land Offices and the Ministry of Land are involved in mutation and DCR matters; the online service supports applications. A Khatian is not conclusive proof of title. A genuine title dispute may require proceedings before the Civil Court. Registration, stamp and tax fees, mutation, copies and professional assistance depend on the value and type of instrument. Family and inheritance matters do not form one uniform family-law system. The applicable law depends, among other things, on religion, family relationship, residence, type of property and any existing will. For Muslim citizens, relevant laws include the Muslim Personal Law (Shariat) Application Act 1937 and the Muslim Family Laws Ordinance 1961. A further marriage generally requires prior written permission from the Arbitration Council. In a talaq, the husband must notify the chairman of the competent body and provide a copy to the wife. Maintenance may be determined by the Arbitration Council and reviewed by the Assistant Judge. Muslim marriages must be registered, and a Nikah Registrar is responsible for this. For another form of marriage, the groom generally must report it within 30 days. Hindu marriages may be documented under the Hindu Marriage Registration Act 2012 by a Hindu Marriage Registrar, while Hindu personal and customary law remains relevant. Christian marriages and divorces are governed in particular by the Christian Marriage Act 1872 and the Divorce Act 1869. Family Courts handle matters including divorce, marital dower (Dower), maintenance, restitution of conjugal rights, guardianship and custody. After a claim is filed, service and a hearing date follow; the appearance is generally scheduled there for no later than 30 days, although the total duration remains case-dependent. Inheritance rules vary according to religion and type of property. Muslim succession generally follows Sharia, while agricultural land is excluded from the corresponding application of the Shariat Act. The Succession Act 1925 contains general rules for intestate and testamentary succession but excludes members of several religious communities in parts. A will generally requires a testator who is not a minor and is of sound mind. The District Judge or a competent civil court may grant Probate or Letters of Administration. There is therefore no single inheritance-quota table for all families in Bangladesh. Civil liability varies according to its cause. Contractual liability primarily follows the Contract Act. If an unlawful act, negligence or breach of duty causes death, the Fatal Accidents Act 1855 may allow claims for a spouse, parent or child through an executor, administrator or legal representative. No general standalone Tort Act was identifiable in the reviewed collection of legislation; tort cases therefore rely on principles developed from Common Law and on sector-specific laws and require case-specific assessment. Mediation may take place under the Code of Civil Procedure 1908 after the written statement of defence has been filed. The court may conduct the mediation itself or arrange it through the Legal Aid Officer, a lawyer or a panel mediator; the appointment should be made within ten days, and mediation should generally be completed within 60 days, with an extension of no more than 30 days. Court-annexed and state mediation is free of mediator fees, while private mediator fees are agreed. An arbitration agreement may be implemented under the statutory exceptions through the arbitration law (Salish Ain 2001); mediation in appeals is also provided for. The National Legal Aid Services Organization (NLASO) provides legal advice, legal representation, certain procedural costs and payments for mediators or arbitrators to people facing financial hardship, indigence or socioeconomic inability. Nationwide access is available through District Legal Aid Offices, an online application and helpline 16699. A final judgment is enforced under the Code of Civil Procedure by the court that issued it or by a court to which it has been transferred. Depending on the judgment, possible measures include delivery of property, attachment and sale of assets, arrest or detention, and the appointment of a receiver. Enforcement of a decree is generally possible for up to twelve years after its issuance or the relevant default; injunction orders are subject to exceptions. Under section 94A, courts may request assistance from government authorities and security forces and require a compliance report. The changes introduced by the Civil Procedure Amendment Ordinance 2025 should be checked again for temporal applicability before relying on new enforcement mechanisms. For case assessment, originals and certified copies, the chain of title, Khatian and Mouza Map, mutation documents, identity documents and, where relevant, marriage, birth and death certificates, a will, contracts and witness statements should be assembled. Before choosing an authority, Family Court, Civil Court, mediation, arbitration or an enforcement application, clarify religion, land category, residence, instrument type, amount in dispute and available evidence. Court, lawyer, registration, service, copying and enforcement costs do not have one uniform nationwide flat rate.