Vetting of property documents related Company

REF: LJ/PJ/07/2006

Dated: July 25, 2006

Mr. A

Vice President & Manager

Uttara Branch

House # 14, Road # 14B

Sector # 4, Uttara Model Town

Dhaka- 1230

Dear Sir,

RE:     VETTING OF PROPERTY DOCUMENTS  A/C. M/S COMPANY 1

We refer to your letter dated 11.07.2006 on the above subject.

We have perused the documents/papers (all photocopies) referred to us. Our opinion is as follows:

1. 

 

 

Owner of the property : Mr. B son of Mr. C, House No.1/B, Malibag, P.S. Ramna, Dhaka-1205 and 13, North Circular Road, Dhanmondi, Dhaka.
2. Description of the property  : The description of property is given below;

LAND UNDER MOUZA TAIYABPUR:

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 C.S. Khatian No.  71, S.A Khatian No. 146, R.S. Khatian No. 300, C.S. and S.A. Dag No. 211, R.S. Dag No. 795.

LAND UNDER MOUZA BARO MOGHBAZAR:

All that piece and parcel of land measuring 4.61 Kathas situated within District-Dhaka, P.S. previously Tejgaon, now Ramna, J.L. No. 280, Mouza- Baro Moghbazar under Khatian No. 588, Dag No. 936 butted and bounded by:

On the North: Plot No. 937

On the South: New Circular Road.

On the East: Part of Plot No. 936 (part)

On the West: Plot  No. 938

3. Area  :
  • 29.75 decimals of land as per Deed of Sale No. 8073 dated 24.04.2006.
  • 33.33 decimals of land as per Deed of Sale No. 2204 dated 09.02.2005.

Land measuring 63.08 decimals under Mouza Taiyabpur as stated above.

  • 4.61 Kathas under Mouza Baro Moghbazar as per Deed of  Conveyance No. 2551 dated 29.09.1996
4. Title Deed Referred : Following title deeds have been submitted:

For land under Mouza Taiyabpur:

1. Certified copy of Deed of Sale No. 8073 dated 24.04.2006 executed by Dewan Mohammad Mohiuddin in favour of Ershad Hossain attached   delivery receipt without discharged by the seller.

2. Certified copy of Deed of Sale No. 2204 dated 09.02.2005 executed by Dewan Mohammad Mohiuddin in favour of Md. Ershad Hossain attached   delivery receipt without discharged by the seller.

For land under Mouza Baro Moghbazar:

Deed of Conveyance No. 2551 dated 29.09.1996 executed by Zerina Rashid and A. Rashid in favour of Md. Ershad Hossain.

5.  Bia Deed : Following title deeds have been submitted relating to land under Mouza Taiyabpur and Baro Moghbazar:i)        Deed of Sale No. illegible dated 18.04.1969 executed by Mr. Barku Mandal and 09 others in favour of Dewan Mohammad Idris.iiDeed of Partition No. illegible dated 19.04.2001 executed between Saleha Idris and 06 others.

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

6. Mutation : Mutation for land under Mouza Taiyabpur:

Mutation Khatian No. 300/Kat with DCR certified by Assistant Commissioner of Land has been submitted from which it appears that land measuring .3333 acres under Dag No. 795 has been mutated in the name of Md. Ershad Hossain vide mutation and separation case No. 8672/2005 dated 15.08.2005. Please note that no mutation parcha has been submitted in respect of 29.75 decimals under Mouza Taiyabpur. So  Mutation Parcha certified by Assistant Commissioner of Land with DCR is required to be obtained for said land measuring 29.75 decimals.

Mutation for land under Mouza Baro Maghbazar:

Mutation Khatian No. 518/kat with DCR certified by Assistant Commissioner of Land have been submitted from which it appears that land measuring 0792 ajutangsha under Dag No. 936 has been mutated in the name of Md. Ershad Hossain vide mutation and separation case No. 2232/91 dated 17.07.1991.

 

7.  Khatian  : Submitted S.A. Khatian corresponding to C. S. Khatian No.71 in connection with the land under Mouza Taiyabpur. But C.S. Khatian No. 71 and R.S. Khatian No. 300 have not been referred to us.And submitted S.A. Khatian No. 518 corresponding to C.S. Khatian No. 588 in connection with the land under Mouza Baro Maghbazar. But no C.S. Khatian No. 588, relevant R.S. Khatian/D.P. Khatian has been referred to us.
8. Chain of Ownership 

 

 

 

: Chain of Ownership relating to the land under Mouza Taiyabpur:

Without perusing C.S. Khatian No. 71 and R.S. Khatian No. 300 and relevant bia deeds (if any) it is difficult to ascertain the complete chain of ownership of the property.

However, 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, Faizuddin Bepari, Hosen Uddin Bepari.

Subsequently, Dewan Mohammad Idrish purchased the land measuring 45.63 acres including 8.89 acres under Dag No. 211 from Barku Mandol, Sadananda Mandol Premanonda Mandol, Sree Sharat Chandra Mandol, Sree Satish Chandra Mandol, Sree Jogendra Chandra Mandol, Sree Dulu Mandol, Sree Bimala Bewa, Sree Kanchani Bewavide Deed of Sale No. illegible dated 18.04.69.

Dewan Mohammad Idrish died leaving behind his wife Saleha Idrish, sons namely Dr. Dewan Mohammad Salah Uddin, Dewan Mohammad Moin Uddin & Dewan Mohammad Mohiuddin and daughters namely Shamima Yasmin, Shamima Parvin & Shamima Naznin as his legal heirs. And Dewan Mohammad Mohiuddin acquired the land measuring 10.17 acres including land in question by way of amicable settlement with other co-sharers vide Deed of Partition No. illegible dated 19.04.2001.

Md. Ershad Hossain has become the present owner of the land measuring 63.08 decimal by way of purchase from Dewan Mohammad Mohiuddin vide Deed of Sale Nos. 2204 dated 09.02.2005 and 8073 dated 24.04.2006.

Chain of Ownership relating to the land under Mouza Baro Moghbazar:

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

Thereafter, Free School Street Property Limited sold the land measuring 30 decimals to Khurshid Haider vide Deed of Sale No. illegible dated 17.04.1963.

And it appears from Deed of Conveyance No. 2551 dated 29.09.1996 that Khurshid Haider through his constituted attorney exchanged the land with Zerina Rashid vide Deed of Exchange dated 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 been provided with documents confirming the said oral gift.

The present owner Md. Ershad Hossain has purchased the 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.

9. Ground Rent Receipt 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 Md. Ershad Hossain for land measuring .3333 acres under Mouza Taiyabpur.

And also submitted ground rent payment receipt No. Q 023634 from which it appears that ground rent has been paid up to 1406 B.S. in the name of Md. Ershad Hossain for land measuring 0792 ajutangsha under Mouza Baro Moghbazar.

Please note that the ground rent payment receipt up to current year i.e 1413 B.S. is required for land measuring 63.08 decimals and 0792 ajutangsha under Mouza Taiyabpur & Baro Moghbazar

10. Valuation Certificates 

 

: Not submitted.
11. Non-Encumbrance Certificate  : Submitted two Non-encumbrance certificates both dated 28.06.2006 attached Govt. receipt Nos. 60472 & 60473, issued by deed writer & searcher for land measuring 63.08 decimals and 0792 ajutangsha under Mouza Tayebpur  &  Baro Moghbazar respectively.
12. Municipal Tax Payment Receipt : Not submitted.
13. Wanting papers/Documents

 

 

 

: For land under Mouza Taiyabpur:

a)      Delivery receipt duly discharged by the seller relating to the Deed of Sale No. 8073 dated 24.04.2006 & Deed of Sale No. 2204 dated 09.02.2005 in order to collect the same from concerned Sub-Registry Office.

b)      Mutation Khatian with DCR certified by Assistant Commissioner of Land for land measuring 29.75 decimals in the name of Md. Ershad Hossain.

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

d)      Ground rent payment receipt up to current year i.e. 1413 B.S for land measuring 63.08 decimals.

e)      Up to date municipal tax payment receipt, if applicable.

f)        Valuation certificate.

For land under Mouza Baro Moghbazar:

a)      C.S. Khatian No. 588 and relevant R.S. Khatian/D.P. Khatian.

b)      Deed of Exchange dated 05.09.1980

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

d)      Up to date municipal tax payment receipt.

e)      Valuation certificate.

 

14. Opinion : Upon perusal of the documents/papers, we are of the opinion that Mr. B has acquired prima facie ownership over the land measuring 63.08 & 07.92 decimals under Mouza Taiyabpur & Baro Moghbazar respectively. The property may be accepted as security of loan after ascertaining physical possession of the present owner over the said land in question. The documents/papers mentioned in clause No. 13 above should 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.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully,

(_________________)

Barrister-at-Law
(____________________)

Advocate