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My question involves property law in Bangladesh. Call me silly,

Resolved Question:

My question involves property law in Bangladesh. Call me silly, but I doubt any of the attorneys online here, as great as you are and as much help as you've been to me in the past, are experts on Bangladeshi property law. Can you PLEASE point me in a direction where I can get counsel in this area of the law? Many thanks.

I should have clarified that the issue at hand concerns private, not commercial, property law. Thank you.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Pro replied 3 years ago.
Bangladesh is basically based on English common law.

What's your question concerning such and maybe I can point you in the right direction?
Customer: replied 3 years ago.

I'll be brief.

 

1. The property is a large home in a suburb of Dhaka.

2. The property is now leased to Oxfam Bangladesh.

3. The lessors are my spouse's family. Here's the problem.

4. There are five siblings, a deceased father, a surviving widow who is a permanent resident of the United States.

5. One sibling lives in Bangladesh.

6. The sibling who lives in Bangladesh wants to terminate the lease agreement with Oxfam when it expires next May.

7. That sibling intends to move into the top suite of the home (this is a really big place -- more than 10,000 square feet) and rent the two suites below.

8. Some siblings, all of whom live in the United States and are citizens, do not want the Bangladeshi sibling to take this action; at least one other does not.

7. The question of the property's ownership is fuzzy, as are many things about Bangladesh, I've learned. The siblings' understanding is that the property is co-owned equally by all the siblings and the surviving widow. Yet, the Bangladeshi siblings claims the right to act unilaterally regarding the disposition of the property.

8. The siblings who oppose the Bangladeshi sibling's claim to act unilaterally.

 

Kinda complicated. Sorry. Let me know if I haven't been clear. Thank you.

Expert:  Law Pro replied 3 years ago.
No, you have been clear.

As part owner - the sibling there could demand to live there. But would have to pay fair rental value of the space occupied to the other heirs.

In some respects this would decrease the costs of the property - an "owner" would be living at the premises and only a portion of the property being rented. That reduces the costs of insurance for the property.


Basically the owners are tenants in common.

Joint tenancy provides equal, unlimited and free access to the real property in question to all parties.

Co-tenants have the right to possess the property by one tenant or by all the tenants. One tenant in common owner can live in the property by herself or share the property with the others. None of the tenants can exclude the others.





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Customer: replied 3 years ago.

Excellent. Finally, some answers. I must ask a follow-up, though: Can one sibling, as a co-owner (as you've explained), unilaterally negotiate a lease with a third party, such as Oxfam? Likewise, can one sibling (a different sibling than the one who previously unilaterally negotiated the lease unilaterally decide not to extend the existing lease with the third party (Oxfam) when other siblings/co-owners WANT to extend the lease? Finally, if there is a basis on which the siblings/co-owners can restrain the lease-related actions of the one sibling/co-owner, I assume that the opposing co-owners would have no choice but to seek relief in a Bangladeshi court. Is my assumption correct?

 

I fully realize these are additional questions, and I am pleased to pay more for your expertise. Truly, I deeply appreciate your assistance.

Expert:  Law Pro replied 3 years ago.
Nope - ALL owners must agree OR it's not a mutually binding agreement as to the lease.

In law there is a thing as to "mutuality of obligation". That although the tenant would be liable to that one owner - they could not enforce the lease agreement against ALL the owners unless ALL owners signed the lease. So there is NO mutuality of obligation as between the parties to the lease agreement.

ALL the owners MUST agree.

Then if they can't - then they must perform a "partition action" and either force sell the property to one of the owners OR force sell the property to some third party.

What happens when one co-owner of the property wants to sell and the other does not? Or when one coowner wants to refinance and pull money out and the other does not? Or if one co-owner does not have the ability to make a necessary contribution to the property for required repairs?

Co-owners of property have the right to partition property. In this context, the term “partition” means to either divide the property, or force the sale of the entire property. A partition by division will apply only where the property can be physically divided among the co-owners such as with acres of undeveloped land. If that is not possible, a partition by sale will result in the court ordering the sale of the property and a division of the proceeds.








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Customer: replied 3 years ago.

Wow. So clear and precise. Could you address the question of relief? My spouse, a French national who left B when she was 12, claims that, in practice, property transactions in B are messy, to say the lease. Whether or not that's true, what can the co-owners/siblings do to restrain the Bangladeshi sibling from unilaterally acting on the lease if the third-party tenant recognizes, correctly or not, that co-owner's right not to extend the lease?

 

When you answer this, I'll let you get back to your life and, you know, buy you a yacht or something.

Expert:  Law Pro replied 3 years ago.
There's really nothing you can do to prevent her unilateral actions. However, you can also inform her that any lease she signs and costs incurred by the tenant will be her responsibility and liability - because she didn't have the authority nor power to make unilateral decisions regarding such.

For example - she signs a long term lease - the other owners have the right to use the property too. So, by doing such they will breach the lease with the tenant. She will be personally and solely liable to them because she didn't have the authority to unilaterally lease the property.

I mean, it's just not smart on her part to do such - the personal liability can be substantial and only she would be liable for her unilateral actions.








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Law Pro, Attorney
Category: Legal
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Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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