As per the Land Act 2007 “Land transaction means the change of title of ownership to a land by selling or purchasing of land; inheriting of land; exchanging of land; gifting/donating of land; surrendering land to the Government; order of Court of Competent Jurisdiction; and default of mortgage subject to the applicable laws.”
Sa-Thram
The Sa-Thram refers to an officially accepted record of landholdings. There are different kinds of Sa-Thrams. Sa-Thrams in the custody of the government is known as Chagzhag Sa-Thram and the ones held by the landowners are known as Lagzha SaThrams or Lag Thram.
The Martham Chem compiled in 1919 was revised in 1936 is the earliest Chagzhag Sa-Thram. It contains landowner’s name, name of the land, number of terraces or bunds, amount of produce and tax payable. Acre Thram, New Thram and National Cadastral Resurvey Program are subsequent Sa-Thram.
Land Transaction
As per the Land Act 2007 “Land transaction means the change of title of ownership to a land by selling/purchasing of land; inheriting of land; exchanging of land; gifting/donating of land; surrendering land to the Government; order of Court of Competent Jurisdiction; and default of mortgage subject to the applicable laws.”
Land registration means registering land in the Sa-Thram after the transaction, new registration pursuant to grant of KIDU, land substitute or land swapping.
Depending on the location of the land, transaction is processed either through the Gewog or Thromde. The transaction of land located outside the town is called rural land transaction and the transaction of land within the Throm (town) is called urban land transaction.
Gewog is the starting point for processing rural land transaction. Before going to the Gewog office, the parties involved in land transaction should execute an agreement specifying details of the transaction. They can either draft the deed or use prescribed form. Download the prescribed agreement Form.
Complete the land transaction Form by yourselves or seek help from the Gewog. In the transaction form, Transferor means the Thram (Land title) holder and Transferee is the person in whose name the land is to be transferred, or their authorized representatives. Download Transaction Form LT1.
The land transaction in progress shall be left for public viewing for 30 days, during which parties have stake in the land being contest.
If there are no complaints the Gewog will complete endorse the forms and submit to the Dzongkhag.
If the transaction involves fragmentation of land, Dzongkhag will carry out field survey. During the field, survey adjacent plot owners must be present. They shall accept the boundary by signing in the boundary endorsement form.
The Dzongkhag will register the transaction in the online land transaction e-Sakor.
At the National Land Commission Secretariat, the Rural Land Division will scrutinize and approve the transaction if it does not involve plot fragmentation. Otherwise, the transaction will be routed through the Cadastral Information Divisions.
Documents Required
Transferor
1. Internal Agreement
2. Duly completed land transaction form LT1
3. Census copy
4. Original Lagthram
5. If the ownership is “Family Land”, no objection from the family members of Transferor above the age of 18
Transferee
1. Citizenship ID copy
2. Duly completed Landed Property Form IV
3. No objection from the family members above 18 years if the land under transaction is to be registered as "Individual Land"
Time
At the Gewog: 30 Days cooling period + 15 days
At the Dzongkhag: 30 days including field survey
At the NLCS: 7 days
Fees
Transaction fee of Nu. 400/- per transaction for transactions other than Inheritance shall be levied by the concerned Gewog. It can be borne equally by the transferor and transferee or paid by either of the parties on understanding basis.
Lagthram fee of Nu. 50/- per Lagthram shall be paid by the Transferee at the time of receiving the Lagthram.
Thromde Office is the starting point for processing urban land transaction. Before going to the Thromde office, the parties involved in land transaction should execute an agreement specifying details of the transaction. They can either draft the deed or use prescribed form. Download the prescribed agreement Form.
Complete the land transaction Form by yourselves or seek help from the Thromde Office. In the transaction form, Transferor means the Thram (Land title) holder and Transferee is the person in whose name the land is to be transferred, or their authorized representatives. Download Transaction Form LT1.
The land transaction in progress shall be left for public viewing for 30 days, during which parties have stake in the land being contest.
If there are no complaints the Thromde Office will process the transaction using online land transaction system e-Sakor.
If the transaction involves fragmentation of land, Thromde office will carry out field survey. During the field, survey adjacent plot owners must be present. They shall accept the boundary by signing in the boundary endorsement form.
At the National Land Commission Secretariat, the Urban Land Division will scrutinize and approve the transaction if it does not involve plot fragmentation. Otherwise, the transaction will be routed through the Cadastral Information Divisions.
At the National Land Commission Secretariat, the Rural Land Division will scrutinize and approve the transaction if it does not involve plot fragmentation. Otherwise, the transaction will be routed through the Cadastral Information Divisions.
Documents Required
Transferor
1. Internal Agreement
2. Duly completed land transaction form LT1
3. Census copy
4. Original Lagthram
5. If the ownership is “Family Land”, no objection from the family members of Transferor above the age of 18
Transferee
1. Citizenship ID copy
2. Duly completed Landed Property Form IV
3. No objection from the family members above 18 years if the land under transaction is to be registered as "Individual Land"
Time
At the Thromde Office: Mandatory 30 days cooling period + 15 days including field survey
At the NLCS: 7 days
Fees
Transaction fee of 5% of the total land cost per transaction for transactions other than Inheritance is levied by the concerned Thromde Office. It can be borne equally by the transferor and transferee or paid by either of the parties on understanding basis.
Lagthram fee of Nu. 200/- per Lagthram shall be paid by the Transferee at the time of receiving the Lagthram.
3) Mandatory land transaction
Land registered in the name of minor (below 18 years)
Land registered in the name of community, religious institutions, Gerab Dratshang and Government institutions
10 Decimals in rural areas. However, plots in its entirety can be transacted even if it is less than 10 decimals. The balance area after the transaction should not be rendered less than 10 Decimals also.
In urban areas, the minimum size of land that can be transacted is as prescribed in the Local Area Plan. It can be 25 Decimals in the Environmental Precinct, 13 Decimals in unplanned areas and the net area of less than 13 decimals in the planned areas.
If the information provided above is not sufficient please contact our toll free number at 152 or PABX at 00975 – 02 – 321217 for further details and who to approach for the services.