Vetting of property documents related Company

All that piece and parcel of the land measuring 63.08 decimals situated within District-Dhaka, P.S. Ashulia, Sub-Registrar Office-Savar, J.L. No. C.S. 604, S.A. 119, R.S. 117, Mouza-Taiyabpur under the following Khatians and Dags:

Under Mouza Baro Moghbazar:

4.61 Kathas

^1. Certified copy of Deed of Sale No. 8073 dated 24.04.2006 executed by Dewan Mohammad Mohiuddin in favour of MR. B along with delivery receipt have been submitted.

2.  Certified copy of Deed of Sale No. 2204 dated 09.02.2005 executed by Dewan Mohammad Mohiuddin in favour of MR. B along with delivery receipt has been submitted.

Under Mouza Baro Moghbazar:

Deed of Conveyance No. 2551 dated 29.09.1996 executed by Zerina Rashid and A. Rashid in favour of MR. B.

1.      Deed of Sale No. illegible dated 18.04.1969 executed by Mr. Barku Mandal and 9 others in favour of Dewan Mohammad Idris.

2.      Deed of Amicable Settlement No. illegible dated 19.04.2001 executed between Saleha Idris and 6 others.

Under Mouza Baro Moghbazar:

Deed of Sale No. illegible dated 17.04.1963 executed by Free School Street Property Limited in favour of Khurshid Haider.

Mutation Khatian certified by Assistant Commissioner of Land and DCR for land measuring 29.75 decimals in the name of MR. B must be obtained.

Under Mouza Baro Moghbazar:

Mutation Khatian No. 518/kat certified by Assistant Commissioner of Land along with proposal sheet and DCRhave been submitted from which it appears that land measuring 0792 ajutangsha under Dag No. 936 has been mutated in the name of MR. B vide mutation and separation case No. 2232/91 dated 17.07.1991.

S.A. Khatian corresponding to C. S. Khatian No.71  has been submitted. But C.S. Khatian No. 71 and R.S. Khatian No. 300 have not been referred to us.

Bank should obtain C.S. Khatian No. 71 and R.S. Khatian No. 300.

Under Mouza Baro Moghbazar:

S.A. Khatian No. 518 corresponding to C.S. Khatian No. 588 has been submitted. C.S. Khatian no. 588, relevant R.S. Khatian and Mahanagar Jarip D.P. Khatian have not been referred to us.

Certified copy of C.S. Khatian No. 588, relevant R.S. Khatian and Mahanagar Jarip D.P. Khatian should be obtained.

Without perusing C.S. Khatian No. 71 and R.S. Khatian No. 300 and relevant all bia deeds it is difficult to ascertain the complete chain of ownership of the property. However upon perusal of the submitted documents the following chain of ownership can be drawn:

It appears from S.A. Khatian corresponding to C.S. Khatian No.71 that land measuring 8.89 acre under Dag No. 211 along with other lands under separate dags were recorded in the names of Bhuban Mohan, Barku Mandol, Sadananda Mandol, Premanonda Mandol, Faizaddin Bepari, Hosonaddin Bepari. Subsequently, became owner of her husband Bhuban Mohan’s portion.

Upon perusal of Deed of Sale No. illegible dated 18.04.1969 it appears that Sree Sharat Chandra Mandol, Sree Satish Chandra Mandol, Sree Jogendra Chandra Mandol, Sree Dulu Mandol, Sree Bimala Bewa, Sree Kanchani Bewa became owners of land of the S.A. Tenants Bhuban Mohan, Faizaddin Bepari and Hosonaddin Bepari by way of succession and/or by way of purchase as well. But we have not been provided with any such deed through they or their predecessors had become owners of the from the said S.A. tenants.

Barku Mandol, Sree Sharat Chandra Mandol, Sree Satish Chandra Mandol, Sree Jogendra Chandra Mandol, Sree Dulu Mandol, Sadananda Mandol, Premanonda Mandol, Sree Bimala Bewa, Sree Kanchani Bewa sold the land measuring 8.89 acres to Dewan Mohammad Idris vide illegible dated 18.04.1969.

Dewan Mohammad Idris died leaving wife Saleha idris, sons Dr. Dewan Mohammad Salah Uddin, Dewan Mohammad Moin Uddin, Dewan Md. Mohiuddin, daughters Shamima Yasmin, Shamima Parvin, Shamima Naznin as his legal heirs of the land along with other lands at different places.

The said heirs entered into an amicable settlement vide Deed of Amicable Settlement No. illegible dated 19.04.2001 through which Dewan Mohammad Moin Uddin amicably got the land.

The present owner MR. B has become owner of land measuring 63.08 decimal by way of purchase from Dewan Mohammad Mohiuddin vide Deed of Sale No. 2204, 8073 dated 09.02.2005 and 24.04.2006 respectively.

Under Mouza Baro Moghbazar:

It appears upon perusal of S.A. Khatian No. 518 that Free School Street Property Limited was owner of land measuring 30 decimals under Dag No. 936.

Khurshid Haider purchased the land from Free School Street Property Limited vide Deed of Sale No. illegible dated 17.04.1963.

From Deed of Conveyance No. 2551 dated 29.09.1996 it appears that Khurshid Haider through his constituted attorney transferred title of the the land along with other lands to Zerina Rashid by way of exchange vide Deed of Exchange No. 05.09.1980. We have not been provided with the deed of exchange. It should be obtained.

Subsequently, Zerina Rashid gifted land measuring 5.75 decimal orally to her husband A. Rashid. We have not provide with documents any supporting documents confirming the oral gift. If there is no such document then it will be uncertain to prove the gift in case any one challenge it.

The present owner MR. B has become owner of land measuring 4.61 Katha by way of purchase from Zerina Rashid and A. Rashid vide Deed of Conveyance No. 2551 dated 29.09.1996.

Ground rent payment receipt No. K-494074 has been submitted from which it appears that ground rent has been paid up to 1412 B.S. in the name of MR. B for land measuring .3333 acres.

Up to date ground rent receipt for land measuring 63.08 decimals is required to be obtained.

Under Mouza Baro Moghbazar:

Ground rent payment receipt No. Q 023634 has been submitted from which it appears that ground rent has been paid up to 1406 B.S. in the name of MR. B for land measuring 0792 ajutangsha.

Up to date ground rent receipt for land measuring 0792 ajutangsha should be obtained.

Under Mouza Baro Moghbazar:

Not submitted.

Non-encumbrance certificate dated 28.06.2006 issued by deed writer and searcher along with Govt. receipt 60472 from the year 1994 to 2006 for land measuring 63.08 decimals has been submitted.

Under Mouza Baro Moghbazar:

Non-encumbrance certificate dated 28.06.2006 issued by deed writer and searcher along with Govt. receipt 60473 from the year 1994 to 2006 for land measuring 0760 ajutangsha has been submitted.

Not submitted. Up to date municipal tax payment receipt should be obtained, if applicable.

Under Mouza Baro Moghbazar:

Not submitted. Up to date municipal tax payment receipt should be obtained, if applicable.

a)      Mutation Khatian certified by Assistant Commissioner of Land and DCR for land measuring 29.75 decimals in the name of MR. B.

b)      C.S. Khatian No. 71 and R.S. Khatian No. 300.

c)      Up to date ground rent receipt for land measuring 63.08 decimals.

d)      Up to date municipal tax payment receipt should be obtained, if applicable.

e)      Valuation certificate.

Under Mouza Baro Moghbazar:

a)      C.S. Khatian No. 588, relevant R.S. Khatian and Mahanagar Jarip D.P. Khatian.

b)      Up to date ground rent receipt for land measuring 0792 ajutangsha.

c)      Up to date municipal tax payment receipt should be obtained, if applicable

d) Valuation certificate.

Upon perusal of the documents/papers, we are of the opinion that MR. B has acquired prima facie ownership over land 63.08 decimals in question subject to obtain Mutation Khatian certified Assistant Commissioner of Land for land measuring 29.75 decimals. Physical possession of MR. B over the land should be ascertained and documents/papers referred in the Clause 13 above may be obtained.

Please note that we have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of the submitted documents. One Bank Limited may verify the genuineness of submitted documents with the concerned Sub-Registry office or concerned authorities and also should be ascertained the non-encumbrance of the land in question.

Under Mouza Baro Moghbazar:

Upon perusal of the documents/papers, we are of the opinion that MR. B has acquired prima facie ownership over land measuring 4.61 Katha. Physical possession the present owner over the land should be ascertained and documents/papers referred in the Clause 13 above may be obtained.

Please note that we have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of the submitted documents. One Bank Limited may verify the genuineness of submitted documents with the concerned Sub-Registry office or concerned authorities and also should be ascertained the non-encumbrance of the land in question.

Barrister-at-Law

Advocate