Deed of mortgage

02. Jan, 2011


DEED OF MORTGAGE

This DEED OF MORTGAGE is made on this the ____ day of ____________, 2007.

BETWEEN

MR. A, son of Mr. X, House No. 28/A Bowakur, P. S. Narsingdi and District Narsingdi, Present address at: _____________________________________Bangladesh having TIN ______________, __________, hereinafter referred to as the MORTGAGOR (which expression shall unless excluded by or repugnant to the context mean and include his heirs, legal representatives, executors, administrators and assignees) of the ONE PART.

AND

BANK 1, 45 Dilkusha Commercial Area, Dhaka-1000, Bangladesh, hereinafter referred to as the MORTGAGEE BANK (which expression shall unless excluded by or repugnant to the context mean and include its successors-in-interest, legal representatives, administrators and assignees) of the OTHER PART.

A brief of particular chain of ownership of the property is given bellow:

WHEREAS Har Kishore dam, Chandra Kishore Dam, Nanda Kishore Dam, Sris Chandra Dam, Kamini Kishore Dam became owner of land measuring 10.99 acres under dag No. 30 alongwith other land under C. S. Khatian No.30 of Mouza-Mujatpur, Raipura, Dhaka by way of ________ from _________________. Thereafter, the said land was confirmed by a ___________________________.

AND WHEREAS Sris Chandra Das, Kamini Kishore Das, Jatindra Chandra Das, Atipatra Chandra Das, Arun Chandra Das, Hafizuddin Bhuiyan, Mofizuddin Bhuiyan,Dewarish Bhuiyan, Amis Ali Mia, Abdul Hekim became the owner of land measuring 10.99 acres under dag No. 30 and  S. A. Khatian No. 35 of Mouza Mujapirchar, Shibpur, District-Dhaka by way of __________________from_____________________. Thereafter the said land was confirmed by a _______________________.

AND WHEREAS Sris Chandra Das, Kamini kishore das, Fanindra Chandra das, sanjib Kumar das, Hafizzudin Bhuiyan, Anis Ali, Abdul Bareq, Ramizzudin, Abu baker, Abdul sattar, Mizanur Rahman became the owner of the total land measuring 52 decimals under dag No. 149 and RS Khatian No. 103 of Mouza Mujapurchar, Shibpur, Dhaka by way of __________________from_____________________. Thereafter the said land was confirmed by a _______________________.

AND WHEREAS (1)Mr. Golam Mohiuddin (2) Mr. Golam Sujauddin (3) Golam Hafizuddin became owner of some land by way of disclaimer vide Deed of disclaimer No.2235 dated 03.03.1982 from Sri Sanjit Kumar Das who became owner of some land by way of mistakenly inserting his name in RS khatian. In fact the said property was sold to the father of donee of disclaimer, Mushi Abdul Jabbar by way of deed of sale vide Deed of Sale No. 6651 dated 5.10.1942 and vide Deed of sale 3822 dated 01.03.1943 by Babu Horo Kishore Das.  But Sri Sanjit Kumar Das did not claim any title to it. Later on upon demand from him, the property was transferred to (1)Mr. Golam Mohiuddin (2) Mr. Golam Sujauddin (3) Golam Hafizuddin.

AND WHEREAS Golam Mohiuddin became owner of some land by way of purchase vide Deed of Sale No. 9055 dated 01.10.1994 from Mr. Kali Pad Das who became the owner of the same by way of inheritance from his father.

AND WHEREAS Haji Abdul Baset, Mohammad Asab Uddin became owner of some land vide Deed of Sale No. 425 dated 08.01.02 from (1) Mr. Golam Mohiuddin (2) Mr. Golam Sujauddin who became owner of some land from Kali Pad Das.

AND WHEREAS Mr. Mohammad Jamal Uddin Bhuiyan became the owner of some land vide Deed of Sale No. 4198 dated 06.05.2002 from (1) Mr. Golam Mohiuddin (2) Mr. Golam Sujauddin.

AND WHEREAS Mr. Abdul Baset Mian became the owner of some land vide Deed of Sale No. 2761 dated 19.04.2003 from (1) Haji Abdul Baset and (2) Mr. Md. Asab Uddin.

AND WHEREAS Baishakhai Spinning Mills Limited became owner 47.75 acres of land by way of purchase, vide deed of sale No. 1523, 5638, 4263 and 10160 dated 2.3.2005, 24.7.2005, 28.06.2004 and 31.10.2005 respectively from Abdul Baset Mia, Mohammad Jamal Uddin, Golam Mohiuddin.

AND WHEREAS Mr. A MORTGAGOR-BORROWER (hereinafter referred to as MORTGAGOR) has applied to the MORTGAGEE BANK for home loan facility of Tk. __________ (Taka _________________________) only;

AND WHEREAS the MORTGAGEE BANK has agreed to grant the said facility of Tk._________________ (Taka _______________________) only (the ‘Loan’) to the MORTGAGOR vide Sanction Letter No. ______________ dated __________ (the ‘Sanction Letter’) on conditions inter alia that the MORTGAGOR shall mortgage land measuring 47.75 acres, more particularly described in the schedule below (the ‘Schedule Property’) as security for the Loan and the MORTGAGOR has offered to create legal mortgage on the Schedule property;

AND WHEREAS the MORTGAGEE BANK has agreed to take legal mortgage of the Schedule Property for a sum of Tk. ______________ (Taka _________________) only as security for the Loan given to the MORTGAGOR.

NOW THIS DEED OF MORTGAGE WITNESSES AS UNDER:

1.                  In consideration of granting Loan to the MORTGAGOR by the MORTGAGEE BANK, the MORTGAGOR hereby transfer and convey by way of simple mortgage whole of the Schedule Property, with all rights, interest, easements and structures belonging thereto as security for repayment of the Loan, with all interest and other charges in terms of the Sanction Letter, given by the MORTGAGEE BANK to the MORTGAGOR.

2.                  If the MORTGAGOR fails to repay the Loan to the MORTGAGEE BANK in the manner stated in the Sanction Letter or in any other manner so agreed between the MORTGAGOR and the MORTGAGEE BANK, then the MORTGAGEE BANK shall be entitled to recover the outstanding dues from the MORTGAGOR under these presents by sale of the Schedule Property without intervention of the Court of law.

3.         It is further stated that the MORTGAGEE BANK, if necessary, shall be entitled to sell the Schedule Property without intervention of any Court of law at its own discretion as provided in section 69 of the Transfer of Property Act and the same shall be regarded as valid and binding on all the parties, to which the MORTGAGOR will not object.

4.         That the Schedule Property shall be kept in good condition at the cost and expenses of the MORTGAGOR.

5.         That the MORTGAGOR will not allow any Receiver to be appointed for the Schedule Property except at the instance of the MORTGAGEE BANK, who shall always at its discretion be able to appoint a Receiver for the said property nor shall any distress or execution be levied or enforced upon or against the Schedule Property or any attempt to create any charge or mortgage on the Schedule Property which may prejudice the security hereby created shall be illegal and of no effect.

6.         That the MORTGAGOR hereby declares that the Schedule Property is free from all encumbrances and the MORTGAGOR is legally entitled to mortgage the same with the MORTGAGEE BANK by way of registered mortgage.

7.                  That the MORTGAGOR will permit the MORTGAGEE BANK, its agent, employees, and nominees from time to time to enter into or upon the Schedule Property or any part thereof and to view, inspect and value the same and take inventories thereof, as and when necessary.

8.                  That the MORTGAGOR hereby agree that he will pay all taxes and rates which are or may become payable on the Schedule Property mortgaged with the MORTGAGEE BANK and agree to indemnify the MORTGAGEE BANK for any default of the MORTGAGOR in making such payments.

9.                  That the MORTGAGOR hereby agree that neither this mortgage nor any thing contained herein shall impair, extinguish, limit or otherwise prejudicially affect all or any of the rights, remedies, privileges, benefits or securities or guarantee which the MORTGAGEE BANK has acquired or may acquire hereinafter or that may otherwise be available to the MORTGAGEE BANK.

10.              That the MORTGAGEE BANK is at liberty to enforce the mortgage at any time if the MORTGAGOR fail or default in repaying the Loan to the MORTGAGEE BANK in terms of the Sanction Letter.

11.              That on repayment of the Loan and on payment of all interests and other charges due thereon the MORTGAGOR at his own cost, will be entitled to redeem the Schedule Property from the MORTGAGEE BANK free from all encumbrances and charges accruing on the MORTGAGEE BANK and on such redemption this mortgage shall be deemed to have been extinguished.

12.              In the event the MORTGAGEE BANK suffers any loss/damage arising out of or caused by any false statement, misrepresentation or concealment of facts regarding the right, title, interest and possession of the Schedule Property, the MORTGAGOR shall be liable to refund the mortgage value i.e. Tk.________________________________ (Taka ___________________________________) only to the MORTGAGEE BANK immediately on demand and will also be liable to be punished for such offence under the existing law and the exercise of the right under this provision shall under no circumstances prejudice the MORTGAGEE BANK from taking any other recourse against the MORTGAGOR for recovery of its dues.

SCHEDULE OF THE PROERTY

All that piece and parcel of land measuring 47.75 (forty seven point seventy five) decimals, situated within District-Narsingdi, P. S. and Sub-register office- Shibpur, village-Muzapurchar, total property 375 in JL 353 (old), 50 (new), Mouza-Charmujapur, SA 18/19/1 (old), 35/44/3 at present. Jot in 103 No. khatian 156 156, RS 103, RS 103/1, Khariza Jot 151 and total land measuring 375 decimals in projai khatian.

IN WITNESS WHEREOF, THE MORTGAGOR HEREUNTO SET HIS SIGNATURE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed in the presence of (signatures, names and addresses of the witnesses):-1.


BEFORE THE SUB REGISTRAR, ____________

A F F I D A V I T

I, MR. A, son of son of Mr. X, House No. 28/A Bowakur, P. S. Narsingdi and District Narsingdi, Present address at: _____________________________________Bangladesh having TIN ______________, __________, do hereby solemnly affirm and say as follows:-

That I am the absolute owner of the immovable property subject matter of deed of mortgage and there is no other share of the said property. No bianama was singed with any other party or the property was neither sold, nor mortgaged in favour any other party. This property is neither an Abandoned Property nor vested in to the Government. If any wrong information, false statement, misrepresentation was written above or any facts was concealed, I shall be liable for any loss/damage arising out of or caused by such wrong information, false statement, misrepresentation or concealment of facts and both civil and criminal action may be initiated against me for such loss or damage and I shall be bound to pay compensation for such loss or damage. If there detect any error, or mis-description of the immovable property, I shall rectify the same or execute and register a fresh deed of mortgage or deed of rectification at my own cost with compensation.

THE STATEMENTS MADE ABOVE ARE TRUE TO MY KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, I SIGN THIS AFFIDAVIT ON THIS THE ______ DAY OF _________________, 2007, BEFORE THE SUB-REGISTRAR, _________________.

_____________________

Deponent

The deponent is known to me, identified by me and has signed in my presence.

__________________

Identifier

IRREVOCABLE GENERAL POWER OF ATTORNEY

This POWER OF ATTORNEY is made on this the _______ day of _________, 2007:

KNOW ALL MEN BY THESE PRESENTS that I, MR. A son of Mr. X, House No. 28/A Bowakur, P. S. Narsingdi and District Narsingdi, Present address at: ________________________Bangladesh having TIN ______________, appoint and constitute:-

BANK 1

45 DILKUSHA COMMERCIAL AREA

DHAKA-1000

BANGLADESH

to be my true and lawful Attorney to exercise any of the following powers in my name, place and stead from time to time:

1.      To sell, transfer and assign the property particulars of which has been described in the schedule below (the ‘Schedule Property’), without intervention of any Court of law and to do all acts and sign all documents and papers in my name which may be required to sell, transfer and assign the Schedule Property or any part thereof and all proceeds received under this authority shall be treated as true and valid receipt on my behalf.

2.      To seal, sign and execute any documents of sale, transfer and/or assignment or to do any act on my behalf relating to the aforesaid transfer of the Schedule Property or part thereof and to receive the proceeds thereof on my behalf.

3.      To present and/or submit such deed to the office of the Registrar, Joint Registrar or Sub-Registrar for registration of the same and to do all other acts required to register such documents including swearing affidavit on my behalf.

4.      To deliver, the possession of the Schedule Property or part thereof to the purchaser, transferee or assignee, as the case may be and to do all other acts in this regard.

5.      GENERALLY to do all other acts, deeds, matters and things whatsoever relating to said sale, transfer or assignment of the Schedule Property.

6.      I undertake that I shall not revoke this Power of Attorney without the consent of the Attorney Bank in writing and I shall not execute and register any other Power of Attorney relating to the Schedule Property other than in favour of the Attorney Bank.

I HEREBY UNDERTAKE AND AGREE TO RATIFY WHATSOEVER THE ATTORNEY BANK SHALL LAWFULLY DO OR CAUSE TO BE DONE UNDER THESE PRESENTS AND TO INDEMNIFY THE BANK AGAINST ALL COSTS AND EXPENSES INCURRED BY THE ATTORNEY BANK.

SCHEDULE OF THE PROPERTY

.

All that piece and parcel of land measuring 47.75 (forty seven point seventy five) decimals, situated within District-Narsingdi, P. S. and Sub-register office- Shibpur, village-Muzapurchar, total property 375 in JL 353 (old), 50 (new), Mouza-Charmujapur, SA 18/19/1 (old), 35/44/3 at present. Jot in 103 No. khatian 156 156, RS 103, RS 103/1, Khariza Jot 151 and total land measuring 375 decimals in projai khatian.

IN WITNESS WHEREOF, I HEREUNTO SET MY SIGNATURE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed in the presence of(signatures, names &

addresses of the witnesses):-

1.

2.

 __________________________MR. A

(Signature of the EXECUTANT)


BEFORE THE SUB-REGISTRAR, _________________

A F F I D A V I T

I, MR. A, son of Mr. X, House No. 28/A Bowakur, P. S. Narsingdi and District Narsingdi, Present address at: ________________________Bangladesh having TIN ______________, do hereby solemnly affirm and say as follows:

01.       That the immovable property subject matter of this Power of Attorney is not attached under the Bangladesh Collaborators (Special Tribunal) Order, 1972.

02.       That the immovable property subject matter of this Power of Attorney is not abandoned property within the meaning of the Bangladesh Abandoned Property (Control, Management and Disposal Order, 1972 (P.O. No. 16 of 1972).

03.       That the Power of Attorney to be executed in connection with the immovable property is not void under any law for the time being in force.

04.       That the proposed power of Attorney is not liable to be void under Article 5A of the Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972).

05.       That the execution of the power of Attorney does not contravene any provision of any other law for the time being in force.

06.       That the immovable property subject matter of this Power of Attorney have been correctly described and have not been undervalued and the Executant has transferable right in such property.

THE STATEMENTS MADE ABOVE ARE TRUE TO MY KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, I SIGN THIS AFFIDAVIT ON THIS THE ______ DAY OF _________________, 2007, BEFORE THE SUB-REGISTRAR, __________________________.

____________________

Deponent

The deponent is known to me, identified by me and has signed in my presence.

___________________

Identifier

Drafted by:

For: “The Lawyers & Jurists”
M.L.Hotel Tower Ltd,
208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.

www.lawyersnjurists.com

Incoming search terms:

You are here: Mortgage Deed Deed of mortgage

Disclaimer: The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. -- If you require any further information, please do not hesitate to contact us.

Back to Top

WordPress Blog