Judicial Dictionary - A

Judicial Dictionary


Legislative Dictionary


Abandoned Property

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CategoryA
TitleAbandoned Property
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Property in respect of which no claim is made for a specified and reasonable time by the true owner.

When the alleged owner of the property was not in Bangladesh during the relevant period, his whereabouts were not known and he ceased to occupy, supervise or manage the property in question, such a property easily comes within the definition of abandoned property. (Bangladesh vs. Md. Suruzzamal and others, 15 BLD (AD) 146) 

The onus is firmly rested on the Government to prove that the property in question is an abandoned property. (Mrs. Akhtar Jahan Begum Vs. The court of Settlement Bangladesh Abandoned Buildings and others, 13 BLD (HCD) 177) 

The onus is on the claimant of the building to prove that the building is not an abandoned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property.—The Abandoned Buildings (Supplementary Provisions) Ordinance 1985 (LIV of 1985), sections 5 and 7. (Government of Bangladesh vs. Md. Jalil and others, 16 BLD (AD) 21) 

See also Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD [5512].

See, the Bangladesh Abandoned Property (Control, Management and Disposal) Order 1972 (P.O. No. 16 of 1972), the Abandoned Buildings (Supplementary Provisions) Ordinance 1985 (Ordinance No. LIV of 1985).

 

 

 

Created OnMay 8, 2010, 7:35 PM
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