Vetting of Property

LJ/OBL/2012/332

 Sunday, September 16, 2012

 Head of Branch

One Bank Limited

Nawabgonj Branch

Sikder Plaza

Bagmara Bazar

Dhaka.

Sub:  Legal opinion upon vetting of the property documents standing in the name of (i) Mohammad Halim Uddin & (ii) Mst. Meheronnesa on account of M/S Mymuna Enterprise.

 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:

(i) Mohammad Halim Uddin, son of late Sheikh Ali Ahamed & late Shukur Jan Begum, Date of Birth- 03/07/1957 (ii) Mst. Meheronnesa alias Meherun Begum,  wife of Mohammad Halim Uddin, Date of Birth- 03/04/1963, Present & permanent address at village- Chhatiya, Police Station- Nawabgonj, District- Dhaka.

02.  Description of the property:

                                                                                SCHEDULE

All that piece and parcel of land measuring (15+22) = 37 (thirty seven) decimals out of (15+23) = 38 (thirty eight) decimals, situated within District- Dhaka, Police Station & Sub-Registry Office- Nawabgonj, Mohal No. 82, under Dhaka Collectory Touzi, J. L. No. Sabek-167, Hal-139, Mouza- Mohonpur, S.A Khatian No. 596 & 537[1], R. S. Khatian Nos[2]. 137 & 145; corresponding C. S. &  S. A. Dag No. 168 (one hundred sixty eight) , 178 (one hundred seventy eight); R. S. Dag Nos. 216 (two hundred sixteen) & 227 (two hundred twenty seven), Mutation Khatian No. 380/Kat, Jote No.776; Butted and bounded by : (required)

 On the North    :

On the South    :

On the East      :

On the West     :

 03. Area:

Area of land measuring (15+22) = 37 (thirty seven) decimals.

04. Title Deed Referred:

  • Submitted photocopy original Saf Kabala Deed No. 17855 dated 11.08.1985, registered with the Sub-Registry Office of Nawabgonj, Dhaka executed by (i) Md. Lal Khan (ii) Jahanara Begum in favour of (i)Mohammad Halim Uddin &(ii) Mst. Meheronnesa, in respect of land measuring 146 (one hundred forty six) decimals including the scheduled land measuring 37 (thirty seven) decimals.

05. Bia Deeds:

  • Submitted photocopy of original Saf Kabla Deed No. 392 dated 18.01.1974, registered with the Sub-Registry Office of Nawabgonj, Dhaka executed by Khetro Mohon Roy in favour of Jahanara Begum.
  • Submitted photocopy of original Saf Kabala Deed No. 7054 dated 19.12.1973, registered with the Sub-Registry Office of Nawabgonj, executed by (i) Prohlad Chondro Roy (ii) Rongo Lal Roy (iii) Mihi Lal Roy in favour of Mohammad Lal Khan.
  • Submitted photocopy of original Saf Kabla Deed No. 112 dated 08.01.1974, registered with the Sub-Registry Office of Nawabgonj, executed by Shyam Lal Roy in favour of Mohammad Lal Khan.
  • Submitted photocopy of original Saf Kabla Deed No. 109 dated 08.01.1974, registered with the Sub-Registry Office of Nawabgonj, executed by Sham Lal Roy in favour of Mohammad Lal Khan.
  • Submitted photocopy of original Saf Kabla Deed No. 7055 dated 19.12.1973, registered with the Sub-Registry Office of Nawabgonj, executed by (i) Prohlad Chondro Roy (ii) Rongo Lal Roy (iii) Mihi Lal Roy in favour of Mohammad Lal Khan.

06. Mutation:

  • Submittedphotocopy ofcertified Mutation Khatian No. 380/Kat, Jote No.776 with Duplicate Carbon Receipt bearing Page No. 11 of Book No. 31756 and without extract copy of mutation recommendation wherefrom it appears that land measuring 148 (one hundred forty eight) decimals including the scheduled land measuring 37 (thirty seven) decimals, pertaining to R.S. Dag Nos. 216 & 227  has duly been mutated in the name of the present owner of the land (i)Mohammad Halim Uddin &(ii) Mst. Meheronnesa, vide Mutation-Separation Case No. 2331/07-08 dated 09.03.2008 as per R.S. operation.

07. Khatian:

a)      Submitted photocopy of the damaged C.S Porcha No. 592, Dag Nos. 178 & 177.

b)      Submitted photocopy of certified S. A. Khatian No. 537, corresponding Dag No.178, in respect of land measuring 23 decimals, recorded in the names of (i) Prohlad Chondro Roy (ii) Rongo Lal Roy (iii) Mihi Lal Roy.

c)      Submitted photocopy of certified S. A. Khatian No. 596, corresponding Dag No. 168, in respect of land measuring 30 decimals, recorded in the names of (i) Prohlad Chondro Roy (ii) Rongo Lal Roy (iii) Mihi Lal Roy.

d)      Submitted photocopy of certified R. S. Khatian No.380, corresponding Dag No. 216 in respect of land measuring 30 decimals, recorded in the name of Khetro Mohon Roy and others.

 e)      Submitted photocopy of certified R. S. Khatian No. 381, corresponding Dag No. 227, in respect of land measuring 23 decimals, recorded in the name of Mohammad Lal Khan.

08. Ground Rent:

  • Not submitted.

09. Chain of Ownership:

Regarding the chain of ownership of scheduled Property:

It appears from the document that (i) Prohlad Chondro Roy (ii) Rongo Lal Roy & (iii) Mihi Lal Roy were the S. A. recorded owners of the scheduled land. Later on, said (i) Prohlad Chondro Roy (ii) Rongo Lal Roy & (iii) Mihi Lal Roy sold the land in favour of Mohammad Lal Khan through Saf Kabala Deed No.7054 dated 19.12.1973 & Saf Kabla Deed No. 7055 dated 19.12.1973, both are registered with the Sub-Registry Office of Nawabgonj. After that, said Mohammad Lal Khan acquired another portion of land by way of purchase from Shyam Lal Roy through Saf Kabla Deed No. 112 dated 08.01.1974 & Saf Kabla Deed No. 109 dated 08.01.1974, both are registered with the Sub-Registry Office of Nawabgonj. Then said Mohammad Lal Khan recorded his name as per R. S. operation.

On the other hand, Khetro Mohon Roy was the R.S recorded owner of another portipon of the scheduled land. Later on, said Khetro Mohon Roy sold the land in favour of Jahanara Begum through Saf Kabla Deed No. 392 dated 18.01.1974, registered with the Sub-Registry Office of Nawabgonj.

After that, said Mohammad Lal Khan & Jahanara Begum sold the land measuring land measuring 146 (one hundred forty six) decimals including the scheduled land measuring 37 (thirty seven) decimals in R.S. Dag Nos. 216 & 227 in favour of (i) Mohammad Halim Uddin & (ii) Mst. Meheronnesa alias Meherun Begum through Saf Kabala Deed No. 17855 dated 11.08.1985, registered with the Sub-Registry Office of Nawabgonj.

Thus the said (i) Mohammad Halim Uddin & (ii) Mst. Meheronnesa alias Meherun Begum have become the present owners of the scheduled land and got mutated their names in the govt. revenue recorded vide Mutation-Separation Case No. 2331/07-08 dated 09.03.2008 as per R.S. operation.

10. Valuation:

  • Not Submitted.

11. Holding Tax:

  • Not Submitted.

12. Non-encumbrance certificate:

  • Not submitted. 

13. Wanting papers/ documents:

  • Extract copy of mutation recommendation of Mutation Khatian No. 380/Kat, Jote No.776 in respect of land measuring 37 (thirty seven) decimals, pertaining to R.S. Dag Nos. 216 & 227 in the name of the present owner of the land (i)Mohammad Halim Uddin &(ii) Mst. Meheronnesa, vide Mutation-Separation Case No. 2331/07-08 dated 09.03.2008 as per R.S. operation.
  • Certified copy of R. S. Khatian No. 137, corresponding Dag Nos. 216 & 227.
  • Printed copy of relevant D. P. Parcha. (if any).
  • Up-to-date (1419 B. S.) Ground Rent Payment Receipt in respect of the scheduled land measuring 37 (thirty seven) decimals pertaining to R. S. Dag Nos. 216, 227 in the name of the present owner of the land.
  • Up-to-date (2012 AD) Non Encumbrance Certificate in respect of the scheduled property.

14. Opinion:

In view of the above, we are of opinion that (i) Mohammad Halim Uddin & (ii) Mst. Meheronnesa alias Meherun Begum have acquired prima facie title & ownership over the scheduled property in question by way of purchase. As such the said owners are required to produce the wanting papers mentioned in Column No. 13 above in support of their right, title & ownership over the scheduled land.

It should be noted that S. A. Khatian No. 537 was not incorporated in the Title Deed (i.e.  Saf Kabala Deed No. 17855 dated 11.08.1985). However, we have found the relevant S. A. Dag No. 178 in the submitted copy of S. A. Khatian No. 537. Therefore, we need the Extract copy of mutation recommendation Letter to ascertain the S. A. Khatian No.

Moreover, the Title deed shows that the R. S. Khatian Nos. of the scheduled property are 137 & 145. However, we have not been submitted the said R. S. Khatian Nos. 137 & 145. Rather R. S. Khatian Nos. 380 & 381 have been submitted to us where we have found the relevant R. S. Dag Nos. 216 & 227. On the other hand, the Mutation Parcha shows that the relevant R. S. Khatian Nos. are 380, 381 & 537. Therefore, we advise you to ask clarification from the client in this regard.

   However, the Bank may accept the scheduled land as security in the form of legal mortgage against the loan facility subject to (i) obtaining the wanting papers as mentioned in above & (ii) having satisfactiory clarification on the abovementioned issues. Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of (i) Mohammad Halim Uddin & (ii) Mst. Meheronnesa alias Meherun Begum over the scheduled property and collect all original copies instead of photocopies submitted to us.

   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 including the wanting papers so that we can extend our final opinion.

   For this opinion, we have assumed that:

  • all documents/papers submitted to us as photocopies are complete and confirm to authentic original documents.
  • 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,

 (____________________)                                          (A. M. Masum)

Advocate                                                                     Barrister-at-Law

For: “The Lawyers & Jurists”.                                              For: “The Lawyers & Jurists”.


[1] S. A. Khatian No. 537 was not incorporated in the Title Deed. However, we have found the relevant S. A. Dag No. 178 in the submitted copy of S. A. Khatian No. 537. Therefore, we need the Extract copy of mutation recommendation to ascertain the S. A. Khatian No.

[2] The Title deed shows that the R. S. Khatian Nos. of the scheduled  property are 137 & 145. However, we have not been submitted the said R. S. Khatian Nos. 137 & 145. Rather R. S. Khatian Nos. 380 & 381 have been submitted to us where we have found the relevant R. S. Dag Nos. 216 & 227. On the other hand, the Mutation Parcha shows that the relevant R. S. Khatian Nos. are 380, 381 & 537.

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