Legal opinion upon vetting of the property documents standing in the name of Mrs. X on account of M/s. Y Trading

Head of the Branch

Shahjalal Islami Bank Limited                      

Bijoynagar Branch

Bijoynagar

Dhaka, Bangladesh.

Sub:     Legal opinion upon vetting of the property documents standing in the name of Mrs. X on account of M/s. Y Trading.

Dear Sir,

We refer to our earlier discussion and confirm having carefully studied and examined the papers and documents made available to us for our legal vetting in connection with the captioned subject and accordingly we observe as follows:

01. Owner of the property:

  • Mrs. X, wife of Md. Shahabuddin Fakir of Village-Hasail, Police Station-Tongibari, District-Munshigonj.

02.  Description of the property:

SCHEDULE-I

All that piece and parcel of land measuring 2.063 (two point zero six three) decimals out of 2 (two) katha or, 3.30 (three point three zero) decimals situated within District-Dhaka, Police Station–Sabek Tejgaon then Gulshan at present Badda, Sub-Registry Office-Badda, under Dhaka Collectorate Touzi, J. L. No. Sabek 291, Mouza-Badda, C. S. Khatian No. 131, C. S. Dag No. 851 (eight hundred fifty one); butted and bounded by:

On the North     :  Road.

On the South     :  Land of Mr. Md. Jainuddin.

On the East       :  Land of Mr. Md. Shahabuddin Fakir.

On the West     :  Road of seller.

SCHEDULE-II

All that piece and parcel of land measuring 1.237 (one point two three seven) decimals situated within District-Dhaka, Police Station–Badda, Sub-Registry Office-Badda, under Dhaka Collectorate Touzi, J. L. No. Sabek 291, S. A. 124, Mouza-Badda, C. S. Khatian No. 131 (one hundred thirty one), at present Dhaka Mahanagar Survey or, D. P. Khatian No. 11022, C. S. & S. A. Dag No. 851 (eight hundred fifty one), R. S. Dag No. 3319 (three thousand three hundred nineteen), Dhaka Mahanagar Survey or, D. P. Dag No. 10954 (ten thousand nine hundred fifty four); butted and bounded by:

On the North     :  Road.

On the South     :  Land of Aleya Enam.

On the East       :  Land of Mr. Moktar Hossain Fakir.

On the West     :  Land of X.

03. Area:

  • Total land measuring (2.063+1.237)=3.30 (three point three zero) decimals.

04. Title Deed Referred:

  • Submitted photocopy of original Saf Kabala Deed No. 2537 dated 09.04.1986, registered with the Gulshan Sub-Registry Office of Dhaka, executed by Md. Jainuddin in favour of Mrs. X, in respect of schedule-I land measuring 2.063 (two point zero six three) decimals out of 2 (two) katha or, 3.30 (three point three zero) decimals, recorded in the Book No. 1, Volume No. 44, Page No. 134 to 138.
  • Submitted photocopy of original Deed of Rectification No. 14129 dated , registered with the Gulshan Sub-Registry Office of Dhaka, executed by Md. Jainuddin in favour of Mrs. X, recorded in the Book No. 1, Volume No. 237, Page No. 228 to 231.
  • Submitted photocopy of original Heba-Bel-Ewaz Deed No. 10572 dated 02.08.2001, registered with the Gulshan Sub-Registry Office of Dhaka, executed by Md. Sahabuddin Fakir in favour of Mrs. X, in respect of schedule-II land measuring 1.237 (one point two three seven) decimals, recorded in the Book No. 1, Volume No. 307, Page No. 102 to 208.

05. Bia Deed:

  • Not submitted.

06. Mutation:

  • Submitted Photocopy of certified Mutation Khatian No. 2, along with extract copy of mutation recommendation, along with DCR (Duplicate Carbon Receipt) bearing Page No. 4 of Book No. 12885 has been submitted wherefrom it appears that land measuring an area 3.30 (three point three zero) decimals pertaining to R. S. Khatian No. 2, Dag No. , has duly been mutated in the name of the present owner of the land Mrs. X, vide Mutation-Separation Case No. 13526/04 dated 08.11.2004, as per R. S. operation.

07. Khatian:

  • Submitted photocopy of certified C. S. Khatian No. 131, corresponding Dag No. 851, in respect of land measuring 83 decimals, recorded in the names of Jainuddin & others.
  • Submitted photocopy of certified S. A. Khatian No. Sabek 131, corresponding Dag No. 851, in respect of land measuring 83 decimals, recorded in the names of Jainuddin & others.
  • Submitted photocopy of certified R. S. Khatian No. 2, corresponding Dag No. , in respect of land measuring 38 acres 54 decimals, recorded in the name of Bangladesh Government.
  • Submitted photocopy of attested D. P. Khatian No. 10951, corresponding Dag No. 10954, in respect of land measuring 3.30 decimals, recorded in the name of X.

08. Ground Rent:

  • Submitted photocopy of Ground Rent Payment Receipt being No. A 456476 dated 04.02.2009 has been submitted wherefrom it appears that rent has been paid up to the year 1415 B.S. for an area of 3.30 (three point three zero) decimals, pertaining to R. S. Khatian No. 2, Dag No. , in the name of the present owner of the land, Mrs. X.

09. Chain of Ownership: 

  • Regarding the chain of ownership of the schedule-I & II property: it appears that Mr. Md. Jainuddin acquired the scheduled land along with other land by way of inheritance from his father Late Syed Ali. Subsequently the name of said Mr. Md. Jainuddin was duly recorded in the C. S. & S. A. operation. Thereafter The People’s Republic of Bangladesh acquire the scheduled land along with other land under Town Improvement Act, under L. A. Case No. 138/61-62. Thereafter the said People’s Republic of Bangladesh relinquish the land in favour of the said previous owner which was published The Daily Ittefaque on 01.02.1993. Thereafter the said Mr. Md. Jainuddin sold the land measuring 2 katha to Mrs. Parveen Akter through a Saf Kabala Deed No. 2537 dated 09.04.1986, registered with the Gulshan Sub-Registry Office of Dhaka. Subsequently it came to view of the said the C. S. Dag number 851 has erroneously been stated as 916 of the said Saf Kabala Deed No. 2537 dated 09.04.1986. Thereafter the said Mr. Md. Jainuddin again executed a Deed of Rectification being No. 14129 dated 01.11.1987, registered with the Gulshan Sub-Registry Office of Dhaka in favour of Mrs. X. Thus the said Mrs. Xhas become the present owner of the schedule-I land measuring 2.063 (two point zero six three) decimals out of 2 (two) katha or, 3.30 (three point three zero) decimals.
  • Thereafter the said Mr. Md. Jainuddin sold the land to Md. Sahabuddin Fakir by virtue of Saf Kabala Deed No. 2538 dated 09.04.1986, registered with the Gulshan Sub-Registry Office of Dhaka. Subsequently it came to view of the said the C. S. Dag number 851 has erroneously been stated as 916 of the said Saf Kabala Deed No. 2538 dated 09.04.1986. Thereafter the said Mr. Md. Jainuddin again executed a Deed of Rectification being No. 14128 dated 01.11.1987, registered with the Gulshan Sub-Registry Office of Dhaka in favour of Md. Sahabuddin Fakir. Thereafter the said Md. Sahabuddin Fakir gifted the schedule-II land measuring 1.237 (one point two three seven) decimals in favour of his wife Mrs. Xthrough a Heba-Bel-Ewaz Deed No. 10572 dated 02.08.2001, registered with the Gulshan Sub-Registry Office of Dhaka.
  • Thus the said Mrs. Xhas become the present owner of the schedule-I & II land & got mutated the land in the Govt. revenue record vide Mutation-Separation Case No. 13526/04 dated 08.11.2004 & paying ground rent thereof.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not submitted.

12. Non-encumbrance certificate:

  • Not submitted.

13. Other Papers:

  • Submitted photocopy of release letter published in The Daily Ittefaque on 01.02.1993, under L. A. Case No. 138/61-62.

14. Wanting Papers:

  • Bia Deeds (Saf Kabala Deed No. 2538 dated 09.04.1986 & Deed of Rectification being No. 14128 dated 01.11.1987).
  • Certified copy of R. S. Khatian No._______, corresponding Dag No. 3319.
  • Printed copy of Dhaka Mahanagar Survey or, D. P. Khatian No. 11022, corresponding Dag No. 10954.
  • Up to date (1416 B. S.) ground rent payment receipt in respect of land measuring 3.30 decimals, in the name of Mrs. X.
  • Up to date Dhaka City Corporation Holding Tax Payment Receipt (if any).
  • Up to date non-encumbrance certificate in respect of scheduled land.

15. Opinion:

  • In view of the above, we are of opinion that Mrs. Xhas acquired prima facie title & ownership over the scheduled property by way of purchase & gift. As such the said owner is required to produce the wanting papers mentioned in Column No. 14 above in support of her right, title & ownership over the scheduled land.

However, the Bank can only accept the scheduled property as security in the form of legal mortgage against the investment facility subject to obtain the original papers and documents thereof. This opinion has been furnished on the basis of the photocopies of papers and documents, hence we advise you to provide all original papers/documents so that we can extend our final opinion.

Moreover the Bank before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of Mrs. Xover the scheduled property.

For this opinion, we have assumed that:

  • all documents/papers submitted to us as photocopies are complete and conform to authentic and original documents.
  • all representations and statements made with regard to the documents by the party 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 faithfully,

For: The Lawyers & Jurists

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