Can NRBs with Dual Citizenship Buy Property in Bangladesh?

Can NRBs with Dual Citizenship Buy Property in Bangladesh?

It’s a common question of our NRB clients from USA, Toronto or London before sending the first advance for a flat in Dhaka: “I hold a foreign passport now. Can I buy property in my own name in Bangladesh?”

When dual citizens buy property in Bangladesh, nationality decides whether the deed will be registered, whether mutation will go through in your name, and whether you can sell the property later without trouble. A mistake in nationality can affect the title itself.

In this writing, I will explain the legal position under the current law of Bangladesh, separate the different nationality situations NRBs actually face, and give a practical checklist to complete before you sign a Baina or pay any money to buy land or an apartment in your name.

Dual citizens buy property in Bangladesh: NRB guide by Advocate Matin Sarkaer Mishuk

Table of Contents

The short answer

If you are still a citizen of Bangladesh, yes.
Holding a second citizenship does not by itself take away your property rights. Article 42 of the Constitution gives every citizen the right to acquire, hold, transfer and dispose of property, subject to restrictions imposed by law.
Under Article 2B(1) of the Bangladesh Citizenship (Temporary Provisions) Order, 1972, a Bangladeshi citizen does not lose that citizenship merely because they are, or become, a citizen of a state specified under Article 2B(2). A dual citizen in that position buys property as a citizen.

If you hold only foreign citizenship, the position is different. Bangladeshi origin alone does not make you a Bangladeshi citizen for property purposes. A foreign national’s purchase raises separate questions on registration practice, government permissions, foreign exchange and authority-specific restrictions.

If your citizenship status is unclear, settle it first. Do not sign an agreement or pay an advance until the national identity isuue is solved. Keep note, Inheritance is a separate matter and is explained later in this guide.

What dual citizenship means under Bangladesh law

There are two laws deal with citizenship, and they have different provission on dual nationality.

Section 14 of the Citizenship Act, 1951

Section 14 of the Citizenship Act, 1951 is titled “Dual citizenship or nationality not permitted”.
It provides that a Bangladeshi citizen who is also a citizen or national of another country ceases to be a Bangladeshi citizen unless they renounce the other citizenship. Sub-section (1A) says this does not apply to a person who has not attained twenty-one years of age.

Article 2B of the Bangladesh Citizenship (Temporary Provisions) Order, 1972

Article 2B was added to the 1972 Order in 1978. It works in three parts.

  1. Allegiance to a foreign state: Under Article 2B(1), a person who owes, affirms or acknowledges allegiance to a foreign state does not qualify as a Bangladeshi citizen. This applies notwithstanding Article 2 or any other law, except as provided in clause (2).
  2. Protection for citizens of permitted countries: The proviso to Article 2B(1) says a Bangladeshi citizen will not lose his citizenship only because he is, or becomes, a citizen of a country specified under clause (2).
  3. Which countries are permitted: Article 2B(2) allows the Government to grant Bangladeshi citizenship to a citizen of any state in Europe or North America. It also covers any other state the Government names by notification in the official Gazette.

In short: The general rule under Section 14 is that dual citizenship is not allowed. Article 2B creates the exception. A Bangladeshi who holds citizenship of a country in Europe, North America, or another country named by Gazette notification can keep both citizenships.

Which countries are covered for Dual Citizenship

The statutory text names Europe and North America.
Other states are added by Gazette notification. In February 2023 the Cabinet approved adding 44 countries, which was reported to take the total to 101.
Before relying on this for a country outside Europe and North America, confirm that your country appears in the current notified list. This one check can change the whole analysis.

Children born abroad

Under section 5 of the Citizenship Act, 1951, a person born after the Act’s commencement is a citizen by descent if their father or mother is a Bangladeshi citizen at the time of birth. The words “father or mother” were inserted by the Citizenship (Amendment) Act, 2009, with effect from 31 December 2008. Where the parent is a citizen by descent only, the child’s birth abroad generally has to be registered at a Bangladesh Mission.
Second-generation NRBs should check this point before they assume they are Bangladeshi citizens.

Can dual citizens buy property in Bangladesh?

Yes, if two things are true:

  • You are a Bangladeshi citizen under the law described above, and
  • Nothing in the law, the property category or the authority’s terms restricts the particular transfer.

The first point is about you. The second point is about the property. NRBs often check only the first one.

Neither the Transfer of Property Act, 1882 nor the Registration Act, 1908 makes Bangladeshi citizenship a condition for a buyer. What they require is a valid transfer by a person entitled to transfer, made by a registered instrument and registered in the manner the law prescribes. A dual citizen buying from a clean title, through a properly drafted and registered deed, stands on the same footing as any other citizen.

The practical difficulty is evidence.
At the sub-registry, at the AC Land office during mutation and at RAJUK or NHA during a transfer, the official will look at the identity and nationality papers you produce.
If you appear only with a foreign passport, your status as a citizen is not visible on the face of the file. That is where most problems start.

Does a Dual Nationality Certificate affect property ownership?

The Dual Nationality Certificate (DNC) is issued by the Ministry of Home Affairs. According to Special Branch of Bangladesh Police, applications under Article 2B(2) are sent by the Ministry to the SCO Wing of Special Branch for a police report.
Since 16 May 2025, applications have been accepted online only with payment of prescrived fee, through the Security Services Division portal.

What the certificate does

  • It is official recognition by the Government that you hold Bangladeshi citizenship alongside your foreign citizenship.
  • It answers the question an official will ask when you produce a foreign passport.
  • It makes identity and status checks at the sub-registry, mutation office and leasehold authority simpler to satisfy.

Is the certificate legally mandatory to buy property?

A citizens right to property does not stop just because no certificate has been issued. In practice, however, a buyer who holds a foreign passport and no valid Bangladeshi passport, Birth Certificate or NID will find the DNC is often the only clean way to prove status.

So we advice our client to apply a dual citizenship certificate when they have no Bangladeshi passport, Birth Certificate or NID.

The 6 situations NRBs actually face

Every NRB file we see falls into one of these situations. Identify yours before anything else.

A. Bangladeshi citizen who also holds a specified foreign citizenship

You were a Bangladeshi citizen and later became a citizen of the USA, UK, Canada or another specified state. Your Bangladeshi citizenship continues under the proviso to Article 2B(1). You can buy as a citizen. Carry a valid Bangladeshi passport or NID.

B. Bangladeshi-origin person whose current status is uncertain

You acquired foreign citizenship, but you are not sure whether your country is on the specified list, your Bangladeshi passport expired long ago, or you were born abroad and your birth was never registered at a Mission. Your status needs a legal answer first.

C. Person holding a Dual Nationality Certificate

Your citizenship has been recognised by the Government. You can buy land or apartment in your own name with reference to your foreign passport or Permanent Residency documents.

D. Foreign citizen of Bangladeshi origin who is not a Bangladeshi citizen

A person who became a citizen of a state not on the specified list and did not keep Bangladeshi citizenship. This person is legally a foreign national, whatever their family background.

The law here is less settled than many websites suggest. The Transfer of Property Act and the Registration Act do not expressly bar a foreign buyer. But other rules and practices apply:

  • RAJUK has been reported to restrict the sale of its plots to foreign nationals. Its a condition of the Standard Lease Deed sign by RajUK.
  • Foreign individuals can buy land in Bangladesh but it requires the permissions from BIDA, Bangladesh Bank, NBR and the Directorate of Registration.

E. NRB who already owns property in Bangladesh

Buying new property and dealing with property you already own are different questions. If you acquired the property lawfully while a citizen, your ownership does not disappear because you later took another citizenship. Your problems usually arise later, when you want to sell, gift, partition or mutate, and the office asks for nationality and identity papers that match the name in the old deed. Keep your status documents current for this reason.

F. NRB inheriting property

Inheritance is not a purchase.
Ownership passes on death by operation of the personal law of succession that applies to the deceased, and we are not aware of a general rule in that framework that makes Bangladeshi citizenship a condition for inheriting.
The practical steps still matter: warish certificate or succession certificate, mutation in the heirs’ names, payment of land development tax, and, for leasehold property, the authority’s own mutation process.
A property lawyer’s advice is required to specify the legal situation of the heirs and authority based requirement.

 

Can I buy from abroad through a power of attorney?

Yes, in most cases. Section 33(1)(c) of the Registration Act recognises a power of attorney executed by a principal living outside Bangladesh before a Notary Public, a court, a magistrate, a Bangladesh Consul or Vice-Consul, or a representative of the Government. In practice, NRBs usually execute it at the Bangladesh Mission in their country of residence. The Power of Attorney Act, 2012 and the rules made under it then govern how the foreign-executed power is processed and used in Bangladesh.

Where you sign a document abroad and send it home for registration, section 26 of the Registration Act, as amended in 2026, allows it to be accepted if it is presented within six months after its arrival in Bangladesh.

Two cautions:

  • The power must clearly cover the specific property and the specific acts: signing the agreement, paying, presenting the deed, taking possession and applying for mutation.
  • Your name in the power of attorney, your passport, your DNC and the sale deed must match exactly.

Read our detailed guides on power of attorney from the USA to Bangladesh and power of attorney in Bangladesh.

Step-by-step legal due diligence for NRB buyers

Most of the problems I see in NRB property files do not start at the sub-registry office. They start earlier, when a step is skipped because the seller is a relative or a known person. Below is the order we follow with our NRB clients when dual citizens buy property in Bangladesh, before any money is paid.

Step 1: Confirm your own citizenship status

First, find out which of the six situations explained above applies to you. Keep your Bangladeshi passport or NID, foreign passport, DNC (if any) and birth registration (if you were born abroad) ready. This is the legal foundation of the purchase. If it is not clear, everything after it is at risk.

Step 2: Identify the property category

Then find out what type of property you are buying. It may be freehold land, a leasehold plot, a developer apartment or inherited property. Each category has its own conditions and its own office, so the checks will not be the same.

Step 3: Collect and verify the title documents

Collect the deeds, khatian, mutation and tax records. Get certified copies from the sub-registry office, AC Land office, record room and the lessor authority where relevant. Do not rely only on photocopies given by the seller. A common problem we find at this stage is that the seller’s name in the khatian does not match the deed, or one heir is missing.

Step 4: Search for encumbrances and disputes

Search for any mortgage, earlier agreement, earlier sale and pending suit on the property. Multiple sale fraud and hidden bank mortgages are among the most common losses we see in NRB files.

Step 5: Check authority-specific restrictions

If the property is leasehold, read the allotment and lease terms carefully. Confirm with RAJUK, NHA, MoHPW or the relevant lessor what they will require from you as transferee before you go further.

Step 6: Review and register the sale agreement

Sign a written agreement for sale (baina) with a clear payment schedule, timelines and default terms. Under section 54A of the Transfer of Property Act and section 17A of the Registration Act, a contract for sale of immovable property must be in writing and registered. Keep note, since 1 January 2026, the Registration (Amendment) Act, 2026 requires it to be presented for registration within sixty days of execution. Earlier it was thirty days.

Step 7: Make payments through banking channels

Send money only through legal remittance channels and keep every record. These records protect you under foreign exchange rules. They also become your proof if the seller later disputes the price.

Step 8: Register the sale deed

The deed is presented and registered at the sub-registry office that has jurisdiction over the property. You can do it in person or through your attorney. A sale of immovable property is made only by a registered instrument. Under section 52A of the Registration Act, the sale deed must carry, among other particulars, the latest khatian, a brief 25-year ownership history and the seller’s affidavit that the property has not been transferred before. These are the seller’s obligations, but they are also a useful check for you.

Step 9: Complete mutation and post-registration steps

After registration, apply for mutation (namjari) in your name and pay the land development tax. For leasehold property, complete the authority’s own mutation as well. The common problem here is a name mismatch between your passport, DNC and deed.

What if your nationality status is uncertain?

Many NRBs find out about the problem only when the sub-registrar asks for a document they do not have. In that case, handle it in this order.

First, write down the facts. Note when you left Bangladesh, which citizenship you acquired and when, whether you ever renounced Bangladeshi citizenship, and the status of your Bangladeshi passport and NID.

Second, check the country. Confirm whether your foreign citizenship is of a state covered by Article 2B(2).

Third, collect the papers that prove your past citizenship, such as your old Bangladeshi passport, NID, birth registration and your parents’ NIDs.

Fourth, if you are eligible, apply for the DNC before signing any agreement.

Fifth, if you are not eligible, take legal advice on whether the transaction can proceed as a foreign-buyer transaction and what permissions it needs. Do this before paying any advance.

When dual citizens buy property in Bangladesh, a few months spent settling status costs far less than a deed that cannot be registered or a mutation that is rejected.

Common mistakes NRB property buyers make

Assuming a foreign passport is enough. A foreign passport proves foreign citizenship. It does not prove Bangladeshi citizenship.

Treating the DNC as a title guarantee. The DNC answers who you are. It does not prove that the seller owns the land.

Letting the Bangladeshi passport and NID lapse. If you renew them before the transaction, most questions at the sub-registry office will not come up.

Name mismatches. Different spellings in the passport, DNC, power of attorney and deed are a frequent reason for delay.

Believing family ownership gives you the right. Your father’s land is not yours until succession is completed, the heirs are settled and mutation is done.

Skipping mutation after registration. Without mutation, the government record still shows the old owner.

Paying an advance before checking leasehold conditions. RAJUK and NHA terms can stop a transfer even when the seller is willing to sell.

Practical example

This is a hypothetical example for explanation only.

Rafiq left Dhaka in 2008 and became a Canadian citizen in 2016. His Bangladeshi passport expired in 2015 and he never obtained an NID. Now he wants to buy an apartment in Bashundhara through his brother as attorney.

Canada is in North America. So under the proviso to Article 2B(1), Rafiq did not lose his Bangladeshi citizenship by becoming Canadian. His status is legally intact, but he has no current Bangladeshi document to prove it.

The safe sequence for him is simple. He should apply for the DNC first. Then he should execute a power of attorney at the Bangladesh Mission in Canada, using the same name format as the DNC. Only after that should he sign the registered agreement with the developer.

His citizenship papers are only one part of it. The apartment itself still needs full vetting of the developer’s JVA, the landowner’s title and the building approval.

Frequently asked questions

Can a US or UK citizen of Bangladeshi origin buy land in Bangladesh?

If they are still Bangladeshi citizens, yes, as citizens. The USA and UK fall within the states covered by Article 2B(2), so acquiring that citizenship alone does not end Bangladeshi citizenship. If they renounced Bangladeshi citizenship, they are foreign nationals and the purchase needs separate analysis.

Is a Dual Nationality Certificate mandatory to buy property?

The law does not expressly make it a precondition. In practice, if you hold a foreign passport and no valid Bangladeshi passport or NID, the DNC is usually the clearest way to prove your status at the sub-registry and mutation stages.

Does a valid Bangladeshi passport prove I can buy?

It is strong evidence of citizenship. It does not prove that the property is free from defects or that a leasehold authority will permit the transfer.

Can a dual citizen inherit property from parents in Bangladesh?

Yes. Inheritance follows the applicable personal law of succession. The heir still has to complete succession documents and mutation, and leasehold property has its own process.

Can I buy a RAJUK plot as a dual citizen?

A dual citizen who is a Bangladeshi citizen can generally be a transferee, subject to RAJUK’s sale permission and the conditions of the lease. A foreign-only buyer faces reported restrictions. Check the specific lease and allotment conditions before paying.

Do I need to come to Bangladesh to register the deed?

Not necessarily. A properly executed and authenticated power of attorney allows your attorney to complete the purchase. Selling is more sensitive, and you should take advice on whether a power of attorney is acceptable in your case.

Can a foreign citizen buy an apartment in Bangladesh?

Reports from the Directorate of Registration indicate that foreign individuals can buy flats with permissions from several authorities. This is a specialised transaction and should not be approached like a citizen purchase.

Conclusion and practical recommendations

Dual citizenship does not, in itself, stop you from buying property in Bangladesh. What matters is whether you are still a Bangladeshi citizen under Article 2B of the 1972 Order, whether you can prove it on paper, and whether the property is free from defects and restrictions.

Before you sign a baina or pay a substantial advance:

  • Confirm your citizenship status and keep your Bangladeshi passport, NID or DNC current.
  • Match your name across every document.
  • Have the seller’s title, mutation, tax and encumbrance records verified.
  • Read the leasehold or developer documents for transfer conditions.
  • Pay only through banking channels.

If your nationality status or the property’s title raises any question, have it checked before money moves. Our property verification service covers both the title review and the nationality-related points that affect NRB buyers. You can book a consultation from abroad.

This article explains the general legal position as of October 2026. It is not legal advice on any particular transaction. Laws, notifications and office practice change, and individual facts can change the answer.