Registering Property in Bhutan

This topic examines the steps, time, and cost involved in registering property in Bhutan.

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Standardized property

Property Value: BTN 4,095,493
City: Thimphu

Registration Requirements Summary:


  Procedure Time to complete: Cost to complete:
1 File at the District Court of Thimphu for verdict date hearing 1 day BTN 100 (forms) + BTN 75 (legal stamps)
2 Another hearing is conducted with the parties at the court 30 days no cost
3 Final hearing is conducted with the parties at the court 1 day no cost
4 The buyer applies to the Department of Survey & Land Records for the transfer of the names in the Registry and issuance of ownership certificate/documents 2 days BTN 30 (registration fee)
5 Land ownership certificate is received from the Department of Survey and Land Record 30 days (already paid in procedure 4)

Registration Requirement Details

Procedure 1.
File at the District Court of Thimphu for verdict date hearing
Time to complete:
1 day
Cost to complete:
BTN 100 (forms) + BTN 75 (legal stamps)
Name of Agency:
District Court
Comment:
Parties purchase the prescribed legal form, fill it, sign and file it at the District Court of Thimphu for verdict date hearing, enclosing sale deed drawn between the parties.
The form may be bought at the District Office or the agents before filing. The sale deed drawn up by the parties is enclosed, with no need of notary or witness of official for the deed.
A miscellaneous hearing is conducted by the Chief Judge to find out whether the documents are in order and the transaction is according to Land Act and Govt. Policy. The case file is handed over to the concerned Bench Clerk for further verification. Both the parties are asked to report for the hearing, usually that day, and the deadline is announced. Since 2006, if parties do not show up within a month, the case is cancelled and the parties have to start the process again.
In the interim period, the Court would conduct investigation with the village headman of the area, relevant ministry, Census Division and land record Division.
* Until 2005, it was common practice to hire the services of a legal consultant or ‘jabmi’ to conduct the process on behalf of the parties. However, in 2005 the professional licenses of all jabmis were revoked and they were not allowed to practice. Hence, the process can no longer be conducted with their assistance and the costs noted here are only the official fees, minus the would-be legal fees.
Bhutan added two more district courts and cases are heard much more quickly than in the past, sometimes with no time to wait in between filing and the first hearing.
Procedure 2.
Another hearing is conducted with the parties at the court
Time to complete:
30 days
Cost to complete:
no cost
Name of Agency:
District Court
Comment:
At the hearing, the outcomes of the investigation with the relevant people are announced. If the outcome is positive, the final judgment is delivered. It is mandatory to have a 30-day waiting period between this and the previous hearing to ensure the parties' certainty in their decision to undertake the transaction.
Procedure 3.
Final hearing is conducted with the parties at the court
Time to complete:
1 day
Cost to complete:
no cost
Name of Agency:
District Court
Comment:
The final hearing is conducted, and the verdict read between the parties and individual copies given.
Procedure 4.
The buyer applies to the Department of Survey & Land Records for the transfer of the names in the Registry and issuance of ownership certificate/documents
Time to complete:
2 days
Cost to complete:
BTN 30 (registration fee)
Name of Agency:
Department of Survey and Land Records
Comment:
After the verdict is received, the buyer is required to file a petition to the Department of Survey & Land Records along with the copy of the Court verdict for transfer of the names in the Registry and issuance of ownership certificate/documents. The Department of Survey & Land Records verifies the census record of the buyer at the Census department to find whether he is a genuine Bhutanese or not.
Procedure 5.
Land ownership certificate is received from the Department of Survey and Land Record
Time to complete:
30 days
Cost to complete:
(already paid in procedure 4)
Name of Agency:
Department of Survey and Land Records
Comment:
The ownership certificate guarantees all legal rights to the owner.