Legal opinion upon vetting of the property documents standing in the name of Mr. X on account of M/s. Z Enterprise

 

Head of the Branch

Prime Bank Limited

Mirpur Branch

Rabiul Plaza (1st Floor)

Plot # Shee-1/Kha, Section -1

Mirpur, Dhaka-1216.

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

Dear Sir,

As per your further instruction, 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, son of Late Abu Taher Molla, permanent & present address: 103, Alubdi, Police Station-Mirpur Hal Pollobi, District-Dhaka.                                                                                     

02.  Description of the property:

SCHEDULE-I

(As per title deed No. 250 dated 13.01.2003)

All that piece and parcel of land measuring 3 (three) Katha or 4.95 (four point nine five) decimals, situated within District-Dhaka, Police Station-Tejgaon than Mirpur Hal Pollobi, Sub-Registry Office-Mirpur, under Dhaka Collectorate Touzi, J. L. No. 219, Mouza–Duaripara, C. S. Khatian No. 13, Dhaka Mohanagar Jorip Khatian No. 1328, C. S. & S. A. Dag No. 57 (fifty seven), Dhaka Mohanagar Jorip Dag No. 2318 (two thousand three hundred eighteen), Jote No. , of Eastern Housing Limited Lay out plan Plot No. J/22 (J/twenty two), Block-J; butted and bounded by:

                                                On the North     :  Land of Company’s layout road & Plot No.

                                                                     J/22.

On the South     :  Land of Company’s lay out plot no. J/28.

                                    On the East       :  Land of Government.

                                    On the West     :  Land Mr. Md. Abul Bashar Molla.

SCHEDULE-II

(As per title deed No. 5109 dated 28.08.2000)

All that piece and parcel of land measuring 3 (three) Katha or 4.95 (four point nine five) decimals, situated within District-Dhaka, Police Station-Tejgaon than Mirpur Hal Pollobi, Sub-Registry Office-Mirpur, under Dhaka Collectorate Touzi, J. L. No. 219, Mouza–Duaripara, C. S. Khatian No. 13, Dhaka Mohanagar Jorip Khatian No. 1328, C. S. & S. A. Dag No. 57 (fifty seven), Dhaka Mohanagar Jorip Dag No. 2318 (two thousand three hundred eighteen), Jote No. , of Eastern Housing Limited Lay out Plot No. J/22 (J/twenty two), Block-J; butted and bounded by:

                                                On the North     :  Land of Company’s layout road, Plot No.

                                                                     J/22 & Block-J;

On the South     :  Land of Company’s lay out plot no. J/26,

                             Block-J;

                                    On the East       :  Land of Government;

On the West     :  Land of Company’s lay out plot no. J/26,

                             Block-J;

03. Area:

Total land measuring (3+3)=6 (six) Katha or (4.95+4.95)=9.9 (nine point nine) decimals;

04. Title Deed Referred:

  • Submitted photocopy of original Saf Kabala Deed No. 250 dated 13.01.2003, registered with the Sub-Registry Office of Mirpur, Dhaka, executed by Mrs. Hosne Ara Haque in favour of Mr. X, in respect of schedule land measuring 3 (three) Katha or 4.95 (four point nine five) decimals.
  • Submitted photocopy of original Saf Kabala Deed No. 5109 dated 28.08.2000, registered with the Sub-Registry Office of Mirpur, Dhaka, executed by Mrs. Silvi Parvin in favour of Mr. X, in respect of schedule land measuring 3 (three) Katha or 4.95 (four point nine five) decimals.

05. Bia Deed

  • Submitted photocopy of certified Deed of Conveyance bearing No. 4136  dated 03.08.1983, registered with the Sub-Registry Office of Tejgaon, Dhaka, executed by Eastern Housing Limited in favour of Mrs. Hosne Ara Haque, in respect of schedule land measuring 3 (three) Kathas.
  • Submitted photocopy of certified Deed of Conveyance bearing No. 4135  dated 03.08.1983, registered with the Sub-Registry Office of Tejgaon, Dhaka, executed by Eastern Housing Limited in favour of Mrs. Hosne Ara Haque, in respect of schedule land measuring 3 (three) Kathas.

06. Mutation:

  • Submitted photocopy of certified Mutation Khatian No. 2/101, Jote No.  along with photocopy of extract copy of mutation recommendation has been submitted along with DCR (Duplicate Carbon Receipt) bearing Page No. 20 of Book No. 5519 has been submitted wherefrom it appears that land measuring an area of 4.95 (four point nine five) decimals or pertaining to Plot No. 57 has duly been mutated in the name of the present owner of the land, Mr. X, vide Mutation-Separation Case No. 379/03 dated 09.02.2003, as per S. A. operation.
  • Submitted photocopy of certified Mutation Khatian No. 2/101, Jote No.  along with photocopy of extract copy of mutation recommendation has been submitted along with DCR (Duplicate Carbon Receipt) bearing Page No. 17 of Book No. 9491 has been submitted wherefrom it appears that land measuring an area of 4.95 (four point nine five) decimals pertaining to Plot No. 57 has duly been mutated in the name of the present owner of the land, Mr. X, vide Mutation-Separation Case No. 2973/01 dated 28.02.2001, as per S. A. operation.

07. Khatian:

  • Submitted photocopy of certified C. S. Khatian No. 13, corresponding Dag No. 57, land measuring 1 acre 83 decimals.
  • Submitted photocopy of attested D. P. Khatian No. 1328, corresponding Dag No. 2318, land measuring 10.08 decimals recorded in the name of Hosne Ara Haque & Silvi Parvin.
  • Submitted photocopy of printed D. P. Khatian No. 271, corresponding Dag No. 2318, land measuring 10.08 decimals recorded in the name of Hosne Ara Haque & Silvi Parvin.

08. Ground Rent:

  • Photocopy of Ground Rent Payment Receipt being No. E 016502 dated 06.02.2003 has been submitted wherefrom it appears that rent has been paid up to the year 1409 B. S. for an area of 4.95 (four point nine five) decimals pertaining to Plot No. 57, in the name of present owner of the land,  Mr. X.
  • Photocopy of Ground Rent Payment Receipt being No. B 582986 dated 01.03.2001 has been submitted wherefrom it appears that rent has been paid up to the year 1407 B. S. for an area of 4.95 (four point nine five) decimals pertaining to Plot No. 57, in the name of present owner of the land,  Mr. X.

    09. Chain of Ownership:

  • The chain of ownership of the schedule (I &II) property-it appears that, Eastern Housing Estate Ltd. was the S. A. recorded owner of the schedule land by way of registered Exchange Deed No. 11175 dated 22.03.1980. Thereafter Eastern Housing Estate Ltd. passed a plan of housing project from D. I. T. at present namely RAJUK. Afterwards Eastern Housing Estate Ltd. represented by Mr. Obaibul Islam transferred the land of housing project measuring 3 katha of plot no. J/21, Block-k in favour of Mrs. Hosne Ara Haque through a Deed of Conveyance bearing No. 4136 dated 03.08.1983, registered in the Sub Registry office Tejgaon, Dhaka. Subsequently Eastern Housing Estate Ltd. represented its Managing Director transferred the land of housing project measuring 3 katha of plot no. J/21, Block-k in favour of Mrs. Silvi Parvin through a Deed of Conveyance bearing No. 4135 dated 03.08.1983, registered in the Sub Registry office Tejgaon, Dhaka.

Afterwards said Mrs. Hosne Ara Haque transferred the land the schedule land measuring 3 (three) Katha or 4.95 (four point nine five) decimals in favour of Mr. Xthrough a Saf Kabala Deed No. 250 dated 13.01.2003, registered with the Sub-Registry Office of Mirpur, Dhaka. After that Mrs. Silvi Parvin transferred the land the schedule land measuring 3 (three) Katha or 4.95 (four point nine five) decimals in favour of Mr. Xthrough a Saf Kabala Deed No. 5109 dated 28.08.2000, registered with the Sub-Registry Office of Mirpur, Dhaka. Thus the said Mr. Xhas become the present owner of the scheduled land measuring (3+3)=6 (six) Katha or (4.95+4.95)=9.9 (nine point nine) decimals & got mutated the land in the govt. revenue record vide diefferent  mutation case no. 379/03 & 2973/01 dated 09.02.2003 & 28.02.2001  & paying ground rent thereof.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Photocopy of City Corporation Holding Tax and Payment Receipt being No. 143419 has been submitted wherefrom it appears that holding tax has been paid for Flat No. G-21, Bordhito Pollobi, Mirpur up to 2008-2010 in the name of Mr. X.

12. Non-encumbrance certificate:

  • Not submitted.

13. Wanting papers/ documents:

  • Certified S.A. Khatian No. 13, corresponding Dag No. 57.
  • Up-to-date (1416) ground rent payment receipt in respect of scheduled land measuring (3+3)=6 (six) Katha or (4.95+4.95)=9.9 (nine point nine) decimals, in the name of Mr. X.
  • Up to date Non-encumbrance certificate in respect of the scheduled land.

14. Opinion:

In view of the above, we are of opinion that Mr. Xhas acquired prima facie title and ownership over the scheduled property in question by way of purchase. As such the said owner is required to produce the wanting papers mentioned in Column No. 13 above in support of his right, title and ownership over the scheduled property.

      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.

However, the Bank can only accept the scheduled property as security in the form of legal mortgage against the loan facility subject to obtain the wanting papers/documents as mentioned in Column No. 13 above. Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of Mr. X, over the scheduled property and collect all original copies instead of photocopies submitted to us.

       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. 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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