Land services

  1. Procedure in cases of sale/purchase, exchange, gift, donation and inheritance of registered land within and outside Thromde
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Land ownersAlong with the application form LT (1) for change of ownership, the following documents and formalities will be required:1. No objection certificate from the members of the family in case of family land,2. No objection certificate from co-owners in case of joint ownership land 3. Land holding declaration of the beneficiary/buyers as prescribed under annexure LT form (4)

4. Photo copy of I.D card of the transferee.

2Gewog Administration1. Upon completion of all documents, geog shall issue a transaction I.D number2. Gewog shall issue/circulate a notification to all chiwogs for public viewing for period of 30 days such notification can also be displayed in notice board3. If objection is deemed legitimate, Geog shall return the transaction application to the parties with 15 days and if no objection is received, the geog shall forward the transaction to the Dzongkhag/Dungkhag within 7 days after 30 days public viewing. However, Land below 10 decimal in rural and 13 decimal in urban is not eligible.
3Dzongkhag Administration/Dungkhag Administration1. Land Records shall carry out survey within 30 days after completing of public viewing and prepare the report in LT form(3)2. Upon completing of subdivision survey, report shall be submitted with 7 days3. If the transaction does not required subdivision, the final report should submit with 7 days to NLCS for registration.
4National Land CommissionThe Secretariat shall complete the registration of land in thram within 30 days and send the updated thram and cadastral map copies to Dzongkhag/Dungkhag and Geog to update their records and also inform the parties accordingly.

 

Note: The transaction deed shall be executed between parties upon attestation by at least two witnesses with legal stamps affixed on the deed. The deed shall clearly prescribe the terms and conditions and nature of the transaction including the cost of land in case of sale/purchase. Any transaction application submitted without any of the requirements specified in section 90 of these rules shall be deemed incomplete.  The parties to the transaction shall be informed accordingly.

 

  1. Procedure for reinstatement of omitted land 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Land Owner1. Old thram copy2. I.D card copy3. Application form OL (1)Must apprise within five years from the date of getting new thram
2Gewog Administration1. Geog shall not entertain any application if the period of omission of land is more than 5 years2. If the period of omission is within 5 years, Geog shall submit report to Dzongkhag/Dungkhag within 15 days
3Dzongkhag Administration/Dungkhag AdministrationIf found in line with land act, the report will be forwarded to LNCS for reinstatement within 15 days from the date of receiving the application from gewog administration
4National Land Commission
  1. If found in line with Land Act, NLCS shall reinstate the omitted land in thram
  2. Confirm the Dzongkhag/Dungkhag/Geog to update the  thram
Within 30 days

Note: If the period of omission of land from current thram is more than 5 years, the Secretariat shall direct the Thromde or the Ministry of Agriculture and Forest to take over the land as Government or Government Reserved Forest land. 

 

  1. Procedure for transfer of registered land from one Government institution to another  
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Any Agency1. Get clarification or consensus from the parent organizations or Ministries,2. Transaction shall also be considered based with the government order 3. Application for LT (2)
2Dzongkhag/Dungkhag/Thromde AdministrationVerify the case as per Section 98 of Land Act 2007 and forward to NLCS within 30 days
3National Land CommissionSecretariat shall aaprove the change of thram and accordingly confirm the approval to Dzongkhag/Dungkhag/Thromde/Gewog for updation of land recordsWithin 30 days

 

  1. Land Transfer procedure in case of a Bhutanese citizen who wants to leave country 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Person who wants to leaveSubmit an internal agreement or any other authentication documents to consider for thram transfer
2Gewog AdministrationGewog shall verify the case and submit to Dzongkhag/Dungkhag Administration
3Dzongkhag/ Dungkhag/Thromde1. Dzongkhag shall report to Secretariat to effect thram changes in name of beneficiaries2. Dzongkhag shall also seek approval to declare GRFL in case land owner migrated

 

  1. Procedure for mortgaging 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Financial institutionsSubmit mortgage deed to Dzongkhag/Dungkhag in line with loan sanctioning norms
2Dzongkhag/Dungkhag/Thromde1. Cross check with mortgage register maintained by the Dzongkhag Land Record Section,2. Return mortgage deed to financial institutions within one day after endorsement if found the same land is not mortgaged.

 

Note: If loan availed is defaulted then the mortgaged land shall result in transfer of ownership in name of mortgagee based on the verdict passed by Royal Court of Justice. 

 

  1. Procedure for submitting for land Kidu 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Kidu applicantDeclare land property in form RH(2) and no of family members in form RH(3) along with application to Gewog administration
2Gewog AdministrationGewog will thoroughly verify  and submit report to the Dzongkhag along with recommendations in form RH (1) within one month
3Dzongkhag AdministrationDzongkhag/Thromde will further verify the status of land holding and sizes of the family and submit the recommendations to the NLCS within one month
4National Land Commission1. Verify and process for commission meeting,2. Instruct receiving Dzongkhag to identify potential land,3. Cross check census status with MoHCA,

4. Get report on identification of GRF land from receiving Dzongkhag,

5. Submit the findings to His Majesty the Druk Gyalpo.

Within one month
5National Land CommissionUpon receipt of the command of His Majesty the Druk Gyalpo, direct the receiving Dzongkhag to carry out the plans for implementation of rehabilitation

 

  1. Allotment of Government reserved forest land and Government land 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Individuals/Institutions/AgenciesThe application must contain purpose of acquiring of Government land, provision of annual plan and availability of budget and period of constructions
2Dzongkhag Land Committee1) The DLC members conduct field verification.2) If members felt that the identified  land has no adverse impact then the land shall be demarcated submit report on GLA Form (1 & 2) for final endorsement by NLCSWithin 45 days

 

  1. Land acquisition and satshab allotment 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Institutions/Gerab DratshangsState public interest for which the land is to be acquired in the application to Dzongkhag Land Committee chairman
2Dzongkhag Land CommitteeConduct meeting with land owners within one month
3Land ownersSubmit application requesting cash or land substitute.  Substitute to be allotted from same village, geog & Dzongkhag. For cash form PLA (6) has to be dully filled in. Land to be identified by the ownerWithin one month
4Dzongkhag Land CommitteeAssess if identified land is good for agriculture; must obtain forest clearance; must complete form PLA(4)Within one month
5Dzongkhag Land CommitteeCompile and submit all documents and submit copies to all concerned agencies especially NLCS whereby NLCS shall intimate approvals to the Dzongkhag/Dungkhags/Thromde

 

  1. Restrictions on acquisition and substitute land

Pursuant to Section 146, 148, 157 and 158 of the Land Act 2007 a. Acquisition of land occupied by religious monuments shall not be entertained, b. In the event a registered land in Thromde is acquired, no substitute land shall be provided as compensation if the affected thram holders owns one or more plots of land in his name in the same thromde other than the land acquired c. Land allotted as substitute shall not enclosed any patch of Government land or Government Reserved Forests land inside its boundary. d. Land acquired shall be taken over only after registering the substitute land in the name of the affected land owner or cash compensation has been made to the landowner.

  1. Correction of errors/discrepancies in thram and cadastral records 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Land OwnerSubmit application to Gup or Dzongkhag/Dungkhag and the application must contain 1. Technical errors made during survey or thram compilation, 2. Shown wrong boundary or location of the land  by the land owner
2Dzongkhag Land Record SectionThe verification  team shall visit the particular site and investigate as per the land act and submit the findings to NLCS within 30 days

 

  1. Procedures for conversion of Chuzhing to residential land 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Land OwnerSubmit to application for LC-1 to the Gewog Administration
2Gewog administrationVerify keeping the following into account. 1. The chhuzhing proposed for conversion shall be and inherited land, 2. At the time of application for conversion he shall not own any other category of land in his thram, 3. For the purpose of conversion he shall be permitted only upto 50 decimals of chhuzhing.Within 15 days
3Dzongkhag AdministrationAssess and verify and take actions as follows: 1. If the application is rejected, the dzongkhag shall intimate the Gup and proponent within 15 days from the receipt of forms and give reasons for rejection. 2. If the application is in consonance with the land Act, the dzongkhag shall accord its approval for conversion and intimate to the Gup and the proponent accordingly within 15 days including survey report. 3. The report shall be then submitted to NLCS for changes in thram.

 

  1. Leasing of private registered land 
Sl. NoResponsible Party/AgencyDocuments required/Formalities to completeRemarks
1Land ownerLand owner may lease their private registered land to other individual or corporations, government organization, civil society organization, private or public companies as per section 94 of the Land Act. A copy of lease agreement must be submitted to Dzongkhag Administration
2Gerab DratshangGerab Dratshang can also be leased their registered land and a copy of agreement submitted to Dzongkhag administration
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