Legal opinion upon vetting of the property documents standing in the name of Mr. X on account of M/s. Sajjad Steel Mills.

Head of the Branch

Dhaka Bank Limited                                                 

Foreign Exchange Branch

100, Motijheel C/A

Biman Bhaban (1st Floor)

Dhaka-1000

Sub:      Legal opinion upon vetting of the property documents standing in the name of Mr. X on account of M/s. Sajjad Steel Mills.

Dear Sir,

We refer to your earlier instruction on the captioned subject and confirm having carefully studied, examined and verified the said landed property papers and documents made available to us for our legal opinion. Accordingly, we set forth below our findings:

01. Owner of the property:

  • Mr. X, S/o. Late Mohammad Alam, Permanent Address at Village – 417/2, New Jurain, Alambagh, Post Office- Faridabad, Police Station- Shampur, District- Dhaka

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 07 (seven) decimals, situated within District – Narayangonj, Police Station & Sub Registry Office – Fatulla, J. L. No. C.S.- 193, S.A.- 22, R.S. – 13, Mouza – Khanpur, C.S. Khatian No. 74, S.A. Khatian No. 109, R.S. Khatian No. 198, C.S. & S.A. Dag No. 196, R.S. Dag No. 221, butted and bounded by:

On the North     :  Road

On the South     :  Mohammad Mazharul Islam

On the East       :  Mohammad Mazharul Islam

On the West     :  Road.

03. Area:

Total land measuring 07 (seven) decimals.

04. Title Deed Referred

  • Submitted certified Heba Bil Ewas Deed No. 1265 dated 05.02.2009 (with delivery receipt No. W 875774 dated 05.02.09), in respect of land measuring 07 (seven) decimals, registered with the Sub Registry Office of Fatulla, Narayangonj, executed by Mosammat Faria Amin Mitu in favour of X..

05. Bia Deed:

  • Submitted Saf Kabala Deed No. 9841 dated 14.12.2006 in respect of land measuring 07 (seven) decimals, registered with the Sub Registry Office of Fatulla, Narayangonj, executed by X in favour of Mosammat Faria Amin Mitu.
  • Submitted Saf Kabala Deed No. 6762 dated 14.12.2004 in respect of land measuring 07 decimals, registered with the Sub Registry Office of Fatulla, Narayangonj, executed by Mohammad Mazherul Islam in favour of X.
  • Submitted Partition Deed No. 6335 dated 19.12.1940 among Maher Ali Dewan with others co-sharer.

06. Mutation:

  • Certified copy of Mutation Khatian No. 1375 along with Duplicate Carbon Receipt bearing Page No. 19 of Book No. 13295 has been submitted wherefrom it appears that land measuring an area of 07 (seven) decimals pertaining to R.S. Dag No. 221, has duly been mutated in the names of the present owners of the land, X, vide Mutation-Separation Case No. 10604/08-09 dated 07.04.2009, as per R.S. operation.

07. Khatian:

  • Submitted certified copy of C.S. Khatian No. 74 corresponding Dag No. 196 & others.
  • Submitted certified copy of S.A Khatian No. 109 corresponding Dag No. 196 & others
  • Submitted certified copy of R.S. Khatian No. 198 corresponding Dag No. 221 & others.

08. Ground Rent:

  • Submitted Ground Rent Payment Receipt being No. V 716601 dated 18.06.2009 has been submitted wherefrom it appears that rent has been paid up to 1416 B. S. for an area of 07 (seven) decimals pertaining to Dag No. 221 in the name of the present owner of the land, X.

09. Chain of Ownership:

Regarding the chain of ownership of schedule Property: it appears that one Nosu Dewan was C.S. recorded owner of the scheduled property. Thereafter, said Nosu Dewan had died leaving behind his successors namely, (i) Maher Ali Dewan (son), (ii) Kadban Bibi (wife), (iii) Sonai Bibi (daughter), & (iv) Gadi Bibi (daughter) and acquired the schedule land by way of inheritance. Thereafter, said (i) Kadban Bibi (wife), (ii) Sonai Bibi (daughter), & (iii) Gadi Bibi (daughter) gift their portion of land to Maher Ali Dewan through the Registered Heba Bil Ewas Deed No. 6393 dated 23.12.1940 and execute a partition deed among with others co-sharer through the Partition Deed No. 6335 dated 19.12.1940. Thereafter, said Maher Ali Dewan gift 59 decimals of land to Sonai Bibi through the Heba Bil Ewas Deed No. 2414 dated 04.03.1946. Thereafter, said Maher Ali Dewan sold 60 decimals of land to Hemandra Lal Shah through the Saf Kabala Deed No. 2405 dated 04.03.1946. Thereafter, said Sonai Bibi sold 30 decimals of land to Nittananda Shah through the Saf Kabala Deed No. 5634 dated 10.07.1946 and executed a Partition Deed among the other co-sharer through the Partition Suit No. 59/1959 of 4th Assistant Judge’s Court, Dhaka also recorded his name in S.A. operation. Thereafter, said Nittananda Shah. On the other hand Sonai Bibi had died leaving behind legal successors namely (i) Alauddin (son), (ii) Modu Bibi (daughter), (iii) Sufia Khatun (daughter) & (iv) Laily Bibi (daughter) and acquired the 59 decimals of land by way of inheritance. Thereafter, said (i) Alauddin (son), (ii) Modu Bibi (daughter), (iii) Sufia Khatun (daughter) & (iv) Laily Bibi (daughter) sold their portion to Mohammad Mazherul Islam through the registered Saf kabala Deed No. 313 dated 09.01.1963. On the other hand Nittananda Shah sold 90 decimals of land to Mohammad Mazherul Islam through the Registered Saf Kabala Deed No. 4208 21.06.1963. Thereafter, said Mohammad Mazherul Islam sold 07 decimals of land to X through the Saf kabala Deed No. 6762 dated 14.12.2004 registered within the Sub Registry office, Fatulla, Narayangonj. Thereafter, said X sold 07 decimals of land to Mosammat Faria Amin Mitu through the Saf kabala Deed No. 9841 dated 14.12.2006 registered within the Sub Registry office, Fatulla, Narayangonj. Thereafter, said Mosammat Faria Amin Mitu gift 07 decimals of land to X through the Heba Bil Ewas Deed No. 1265 dated 05.02.2009 registered within the Sub Registry office, Fatulla, Narayangonj. Thus the said X has become the present owner and got mutated the scheduled property in the Govt. revenue record vide Mutation Case No. 10604/08-09 dated 07.04.2009 corresponding Dag No. 221, and paying ground rent thereof.

10. Valuation:

  • Not Submitted

11. Holding Tax:

  • Not Submitted

12. Non-encumbrance certificate:

  • Submitted Non-encumbrance Certificate along with Government Receipts bearing No. 36071 dated 17.06.2009 has been submitted wherefrom it appears that land measuring an area of 07 (seven) decimals has not in any way been encumbered or transferred within the period from 1997 to 17.06.2009.

13. Wanting papers/ documents:

  • Nil.

14. Opinion:

In view of the above, we are of opinion that X has acquired right, title & interest over the scheduled property.

  Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of X over the scheduled property and collect all original copies instead of photocopies submitted to us.

For this opinion, we have assumed that:

  • all signatures given in the documents/papers are genuine and all documents/papers submitted to us as original are authentic and complete.
  • all representations and statements made with regard to the documents by the parties are true and accurate.

This opinion is rendered only to you as our client and is solely for your benefit. No other person may rely upon it for any purpose, without our previous written consent.

Should you have further queries in this regard please do not hesitate to contact the undersigned. The file with all photocopies of papers/documents is returned herewith

Thanking you.

Yours sincerely,

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,

208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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