Power of Attorney

                                                                                            BEFORE THE SUB-REGISTRAR, ________________

  GENERAL POWER OF ATTORNEY

(For Immovable Property)

Whereas, WE,

(i) Roushan Ara Akter,

wife of  Kazi Yakub Ali,

Date of birth: 05.02.1949

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

(ii) Kazi Abdur Rashid,

Date of Birth:  ____________,

son of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

(iii) Kazi Arham Uddin,

Date of Birth:  ____________,

son of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

(iv) Kazi Bithi Rahman

Date of Birth:  ____________,

son of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

represented my attorney Kazi Abdur Rashid

son of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

 (v) Fahmida Ali,

Date of Birth:  ____________,

daughter of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

&

 (vi) Kazi Farhana Yasmin,

Date of Birth:  ____________,

daughter of Kazi Yakub Ali,

address of Village- Mohobbotpur,

Police Station-Nawabgonj,

District-Dhaka

are the owners of the property mentioned herein below (hereinafter referred to as ‘Schedule Property’) which have been acquired by way of gift, purchase & inheritance, the chain of ownership of the schedule property is as follows;

AND WHEREAS:

The chain of ownership of the Scheduled Property-I is as follows:

It appears that Tarani Chandra Sarkar, Satish Chandra Sarkar, Taher Kha,, Fazlur Rahman Kha, Nicolas Gomes, Gobinda Chandra Roy R. S. recorded owners of some portion of the scheduled land. Thereafter, said (i) Taher Kha & (ii) Nicolas Gomes died leaving behinds their legal heirs including (i) Fazlur Rahman Kha & (ii) Miss Ufregi Gomes (respectively) and they acquired the land by way of succession. Afterwards, said   Tarani Chandra Sarkar, Satish Chandra Sarkar, Fazlur Rahman Kha, Miss Ufregi Gomes, Gobinda Chandra Roy sold the land in favour of Jalal Uddin Khan through (i) Saf Kabala Deed No. 2934 dated 07. 06.1982 (ii) Saf Kabala Deed No. 2935 dated 02. 06.1982 (iii) Saf Kabala Deed No. 5846 dated 06. 10.1983 (iv) Saf Kabala Deed No. 2192 dated 28. 04.1982 & (v) Saf Kabala Deed No. 4750 dated 28.07.1977 (respectively), all registered with the Nawabgonj Sub-Registry Office of Dhaka.  Then said Jalal Uddin Khan transferred the land measuring 136.50 decimals in favour of Roushan Ara Akter by way of gift through Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990.

On the other hand, Robjel Uddin Ahammod was the R. S. recorded owner of another portion of the scheduled land. Thereafter, said Robjel Uddin Ahammod sold the land measuring 22 (twenty two) decimals in favour of Roushan Ara Akter through the Saf Kabala Deed No. 3700 dated 12.07.1984, registered with Nawabgonj Sub-Registry Office of Dhaka.

On the other hand, Zabeda Khatun was the owner of another portion of the scheduled land and she acquired the land by way of purchase through the Saf Kabala Deed No. 7880 dated 30.10.1974, registered with Nawabgonj Sub-Registry Office of Dhaka. Thereafter, said Zabeda Khatun  transferred the land measuring 23 (twenty three) decimals in favour of Roushan Ara Akter by way of gift through Heba Bel Ewaz Deed No. 4461 dated 17.11.1998,  registered with the Nawabgonj Sub-Registry Office of Dhaka.

Thus the said Roushan Ara Akter has become the present owner of the scheduled land measuring (136.50+22+23) = 181.50 decimals & got mutated the land measuring 161 (one hundred sixty one) decimals 163 decimalsout of 181.50 decimals in the govt. revenue record vide mutation case no, 2262/05-06 dated 30.01.2006, as per R. S. operation & paying ground rent thereof.

The chain of ownership of the Scheduled Property-II is as follows:

It appears that Radhika Lal Shaha & Khirod Chandra Shaha were the S. A. recorded owners of the scheduled land along with other land. Thereafter, said Radhika Lal Shaha sold the land in favour of (i) Kazi Yakub Ali (ii) Kazi Lutfor Rahman (iii) Kazi Mobarok Hossain (iv) Kazi Mosharrof Hossain through Saf Kabala Deed Nos. 5411 & 5412, both dated 26. 07.1969 and registered with the Nawabgonj Sub-Registry Office of Dhaka. Then said (i) Kazi Yakub Ali (ii) Kazi Lutfor Rahman (iii) Kazi Mobarok Hossain (iv) Kazi Mosharrof Hossain & (v) Khirod Chandra Shaha recorded their names in R. S. operation. Thereafter, said Khirod Chandra Shaha sold his portion of the land in favour of (i) Kazi Yakub Ali (ii) Kazi Lutfor Rahman (iii) Kazi Mobarok Hossain (iv) Kazi Mosharrof Hossain through Saf Kabala Deed No. 4424 dated 25. 06.1974, registered with the Nawabgonj Sub-Registry Office of Dhaka. Later on, said Kazi Mobarok Hossain sold his portion of the land in favour of Kazi Yakub Ali through Saf Kabala Deed No. 5066 dated 28.08.1983, registered with the Nawabgonj Sub-Registry Office of Dhaka. After that, said Kazi Yakub Ali partitioned the land with (i) Kazi Lutfor Rahman & (ii) Kazi Mosharrof Hossain through Partition Deed No. 699 dated 04.03.1986, registered with the Nawabgonj Sub-Registry Office of Dhaka. Subsequently, said Kazi Yakub Ali died leaving behind his legal heirs one wife, two sons and three daughters namely (i) Roushan Ara Akter (ii) Kazi Abdur Rashid (iii) Kazi Arham Uddin (iv) Kazi Bithi Rahman (v) Fahmida Ali & (vi) Kazi Farhana Yasmin and  they acquired the land by way of succession. Then said Kazi Bithi Rahman appointed Kazi Abdur Rashid as her constituted attorney for her porton of the land through General Power of Attorney Deed No. 388 dated 18.01.2012, registered with the Nawabgonj Sub-Registry Office of Dhaka.

Thus the said (i) Roushan Ara Akter (ii) Kazi Abdur Rashid (iii) Kazi Arham Uddin (iv) Kazi Bithi Rahman (represented by her attorney Kazi Abdur Rashid) (v) Fahmida Ali & (vi) Kazi Farhana Yasmin have become the present owners of the scheduled land & got mutated the land measuring 163 (one hundred sixty three) decimals out of 164 (one hundred sixty four) decimals out of 188 (one hundred eighty eight) decimals in the govt. revenue record vide mutation case no, 3088/11-12 dated 03. 01.2012, as per R. S. operation & paying ground rent thereof.

KNOW ALL MEN BY THESE PRESENTS that We, (i) Roushan Ara Akter, wife of  Kazi Yakub Ali, (ii) Kazi Abdur Rashid, (iii) Kazi Arham Uddin, (iv) Kazi Bithi Rahman (represented by her attorney Kazi Abdur Rashid), (v) Fahmida Ali, & (vi) Kazi Farhana Yasmin, all sons & daughters of Kazi Yakub Ali, address of Village- Mohobbotpur, Police Station-Nawabgonj, District-Dhaka, do hereby irrevocably nominate, appoint and constitute:

One Bank Limited     

Nawabgonj Branch

Sikder Plaza

Bagmara Bazar

Dhaka.;

Head Office:

HRC Bhaban,

46 Kawaran Bazar  C/A,

Dhaka;

as our true and lawful ATTORNEY (hereinafter referred to as the “Attorney Bank”) to do all or any of the following acts, deeds and things:

  1. To enter into and take possession of the Scheduled Land or any part thereof and to take its entire administration, management, and control;
  1. To sell, transfer and assign the Scheduled property mentioned herein below, without intervention of any court of law under the provisions of the Transfer of Property Act, 1882 or pursuant to the provisions of the Artha Rin Adalat Ain, 2003 and to do all acts and sign all documents and papers in our names which may be required to sell, transfer and assign the Scheduled property or any part thereof and all proceeds received under this authority shall be treated as true and valid receipt on our behalf.
  1. To sell or dispose at the best market price of the Scheduled Land or any part thereof together or in parcel on account and at our risk, without the intervention of any Court of law, either privately or by public auction or by private contract on such terms and conditions as the Attorney shall think fit and proper, without any reference to us;
  1. To realize and receive the sale proceeds at the best market price and any other money receivable in respect of the Scheduled Land or any part thereof and apply the same towards adjustment of our liabilities or any portion thereof under the Loan Facility;
  1. To execute the necessary sale deeds, present those for registration, to admit execution and get the same registered and to vest the Scheduled Land or any part thereof in the prospective transferee, together with all rights of the owner in, upon, or to the Scheduled Land or any part thereof as if the same had been sold to the transferee by us as the owner;
  1. To incur any expenditure that may be necessary for taking over, management and control of the Scheduled Land or any part thereof and for sale, mortgage or disposal thereof and to incur any liabilities on our behalf for the said purpose;
  1. To advertise through newspapers or otherwise for auction of the Scheduled Land or any part thereof, to arrange and effect the auction or sale at the best market price, to receive the bid money, and apply the same in meeting expenses and in liquidating my indebtedness under the Credit Contracts;
  1. To negotiate for sale of the Scheduled Land or any part thereof, settle the terms of sale, to sign, seal, execute and deliver all such contracts, agreements, sale deeds or deeds of conveyance and/or other documents, and/or instruments of transfer with all necessary and reasonable covenants therein on our behalf, and generally upon such terms and conditions as the Attorney shall deem necessary or expedient;
  1. To do and perform all other acts, matters and things that may be necessary or proper for completing the sale or disposal of the Scheduled Land or any part thereof;
  1. To realize, receive and take payment of any consideration or purchase money or other moneys that may become payable to us in connection with such sale or disposal as aforesaid and upon receipt thereof to give and grant sufficient and effectual receipts or discharges for the same;
  1. To collect, receive  and take payment of any of our receivables or book debts or other moneys that may become payable to the Principal from any person, firm, company or authority and upon receipt thereof to give and grant sufficient and effectual receipts or discharges for the same;
  1. To represent me before the Government of Bangladesh or any other governmental authorities, the Bangladesh Bank or any other bank, company, corporation or body in connection with the transactions referred to hereinabove and sign and execute whatever instruments that may be necessary for obtaining the approval, if required, of such transactions by any governmental agency or any other organization or institution for the purpose of completion of the sale of the Scheduled Land;
  1. To appoint and retain lawyers and advocates and to remove such retainers from time to time and again to appoint as occasion shall require for the aforesaid purposes;
  1. To apply for withdrawal, withdraw and receive all moneys that may be deposited in any court or office concerning the Scheduled Land or any part thereof in case of acquisition or requisition of the Scheduled Land or any part thereof by any Governmental Authority;
  1. Regardless of whether an Event of Default has occurred and is continuing under the Credit/Loan/Investment Facility, to perfect a legal mortgage or charge of the Scheduled Land or any part thereof in favour of the Attorney at such time and in such manner and present it for registration and get the same registered in favour of the Attorney at our cost and on our account;
  1. To take all steps for obtaining income tax clearance certificate, if any, for the registration of sale deeds, deeds of conveyance and mortgage deeds relating to the sale or mortgage of the Scheduled Land or any part thereof, and further, to obtain any other sanction or permission from any authority for sale, transfer or legal mortgage of the Scheduled Land;
  1. To cause mutation when it is necessary in the revenue records and to make such statements personally or through lawyers or other agents to effectuate the purposes contained herein;

AND WE DO HEREBY RATIFY AND CONFIRM WHATEVER THE SAID ATTORNEY SHALL LAWFULLY DO OR COME TO BE DONE BY VIRTUE OF THESE PRESENTS.

AND THE POWER CONFERRED ON THE ATTORNEY HEREUNDER ARE SOLELY TO PROTECT THE INTERESTS OF THE MORTGAGEE IN THE SCHEDULED LAND AND SHALL NOT IMPOSE ANY DUTY UPON THE ATTORNEY TO EXERCISE ANY SUCH POWER. THE ATTORNEY SHALL BE ACCOUNTABLE ONLY FOR AMOUNTS THAT IS ACTUALLY RECEIVED AS A RESULT OF THE EXERCISE OF SUCH POWERS, AND NEITHER IT, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE RESPONSIBLE TO OUR FOR ANY ACT OR FAILURE TO ACT HEREUNDER.

THIS POWER OF ATTORNEY HAS BEEN MADE IN CONSIDERATION OF THE CREDIT FACILITIES GRANTED TO US BY THE MORTGAGEE AND SHALL BE IRREVOCABLE TILL THE ENTIRE LIABILITIES WITH THE MORTGAGEE ARE FULLY LIQUIDATED AND THE ATTORNEY RELEASES US ABSOLUTELY FROM ALL LIABILITIES WHATSOEVER AND WE SHALL NOT EXECUTE ANY OTHER POWER OF ATTORNEY IN FAVOUR OF ANY ONE IN CONNECTION WITH THE SCHEDULED LAND.

SCHEDULE OF THE PROPERTY REFERRED TO ABOVE

SCHEDULE-I

All that piece and parcel of land measuring 161 (one hundred sixty one) decimals out of163 decimalsout of 181.50 decimals,situated within District-Dhaka, Police Station & Sub-Registry Office-Nawabgonj, J. L. No. C. S. 136, S. A. 108, R. S. 96, Mouza- Mohobbotpur;

Deed No C.S. Khatian No. S.A. Khatian No. R.S. Khatian No. C.S. & S.A. Dag R.S.Dag

No.

Land AreaMeasurement

(decimals)

Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990.  

___

122 187 311 237 & 242        7
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990. 51/3 111 394 312 239 & 241 22
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990.  

_____

114 230 313 238 20 out of 21
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990. 98 241 231 134 139 6 out of 7
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990. 128 332 268 126 140 10
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990 56 121 175 130 139 33
Affidavit bearing Notarial Certificate No. 22 dated 13. 01.1990 & Heba Bel Ewaz Deed No. 4461 dated 17.11.1998  

 

____

222 169 717 387 41 out of (23.5+23) = 46.5
Saf Kabala Deed No. 3700 dated 12.07.1984 128 332 241 138 127 22
                                                                            Total                                     161 decimals

On the North    :

On the South    :

On the East      :

On the West     :

along with all structures and building constructed and to be constructed therein together with all rights, interests, title, easements etc. attached thereto or appertaining to the schedule property.

SCHEDULE-II

All that piece and parcel of land measuring 163 (one hundred sixty three) decimals out of 164 (one hundred sixty four) decimals out of 188 (one hundred eighty eight) decimals,situated within District-Dhaka, Police Station & Sub-Registry Office-Nawabgonj, J. L. No. C. S. 136, S. A. 108, R. S. 96, Mouza- Mohobbotpur,

C.S. Khatian No. S.A. Khatian No. R.S. Khatian No. C.S. & S.A. Dag R.S. Dag Land AreaMeasurement

(decimals)

261 135 136 128 17
111/1 272 135 128 138 23
111/1 272 135 135 129 10
112/1 173 & 279 135 124 & 125 141 29
51 108 135 140 146 11
53/2 116 135 132 135  4
54/1 118 135 131 136 35
76/6 179 135 176 168  7
173 135 133 133  5 out of 6
98/1 242 136 129 134 22

On the North    :

On the South    :

On the East      :

On the West     :

along with all structures and building constructed and to be constructed therein together with all rights, interests, title, easements etc. attached thereto or appertaining to the schedule property.

IN WITNESS WHEREOF, WE HERETO CAUSE THIS POWER OF ATTORNEY ON THIS THE _____ DAY OF _____________, 2012 OF THE CHRISTIAN ERA.

____________________________

(i) Roushan Ara Akter

__________________________

(ii) Kazi Abdur Rashid

  himself & on behalf of Kazi Bithi Rahman

 _____________________________

(iii) Kazi Arham Uddin

_____________________________

(iv) Fahmida Ali

_____________________________

(v) Kazi Farhana Yasmin

(Signature of the executants)

Signed in the presence of

(Signatures, names and

addresses of the witnesses):

Drafted by:

1. Name & Signature

Address:

(A. M. Masum)

Barrister-at Law

Membership No. 8883

For:“The Lawyers & Jurists”

2. Name & Signature                                      M. L. Hotel Tower Ltd. (10th  Floor)

Address:                                                     208, Shahid Sayed Nazrul Sarani

Bijoynagar, Dhaka-1000.

 Before the Sub-Registrar, _____________________

 AFFIDAVIT

 We, (i) Roushan Ara Akter, wife of  Kazi Yakub Ali, Date of birth: 05.02.1949 (ii) Kazi Abdur Rashid, Date of Birth:  ____________, myself & on behalf of Kazi Bithi Rahman (iii) Kazi Arham Uddin, Date of Birth:  ____________, (iv) Fahmida Ali, Date of Birth:  ____________, & (v) Kazi Farhana Yasmin, Date of Birth:  ____________, all sons & daughters of Kazi Yakub Ali, address of Village- Mohobbotpur, Police Station-Nawabgonj, District-Dhaka, hereinafter referred to as the “Mortgagors” (which, by nationality Bangladeshi, by faith Muslim, do hereby solemnly affirm and say as follows:

  1. We are a bona fide national and permanent resident of Bangladesh by birth, with the right of permanent residence in Bangladesh.
  1. The immovable property to be transferred is not under attachment under the Bangladesh Collaborators (special Tribunal) Order No. 8 of 1972.
  1. The immovable property proposed to be transferred is not Abandoned Property (Control Management & Disposal) Order No. 16 of 1972.
  1. The immovable property proposed to be transferred does not contravene any provision of any other law for the time being in forced in Bangladesh.
  1. That the proposed transfer does not contravene any other law for the time being in force in Bangladesh.
  1. That the propose transfer does not contravene and is not liable to be void under Article 5/A of the Bangladesh land holding (Limitation) Order No. 8 of 1972.
  1. The immovable property proposed to be transferred has been correctly describe and has not been undervalued and the applicant has transferable rights in such property.
  1. The statement made above are true and correct to the best of our knowledge and belief in witness whereof We signed and swear the Affidavit on this the ________________ day of ______________ 2012.

____________________________

(i) Roushan Ara Akter

__________________________

(ii) Kazi Abdur Rashid

 himself & on behalf of Kazi Bithi Rahman

_____________________________

(iii) Kazi Arham Uddin

_____________________________

(iv) Fahmida Ali

 _____________________________

(v) Kazi Farhana Yasmin

Deponents

The deponents are known to me, identified by me and have signed in my presence.

____________________________

   Identifier