DEED OF FAMILY SETTLEMENT

This DEED OF Family Settlement is made on this the _______ day of ________, 2007 of the Christian Era.

AMONGST

X1 Chowdhury, wife of late A. M. Ershad Ali Chowdhury, of House no.24, Road no. 27, Sector-.7, Uttara, Dhaka, by Religion Muslim and by Nationality Bangladeshi by birth, hereinafter referred to as the ‘1st Party’ which expression unless excluded by or repugnant to the context shall mean and include her legal heirs, successors, legal representatives and assigns of the FIRST PART.

 AND

X2 Chowdhury, son of late A. M. Ershad Ali Chowdhury, of House no.24, Road no. 27, Sector-.7, Uttara, Dhaka, by Religion Muslim and by Nationality Bangladeshi by birth, hereinafter referred to as the ‘2nd Party’ which expression unless excluded by or repugnant to the context shall mean and include his legal heirs, successors, legal representatives and assigns of the SECOND PART.

AND

X3Chowdhury, son of late A. M. Ershad Ali Chowdhury, of House no.24, Road no. 27, Sector-.7, Uttara, Dhaka, by Religion Muslim, By Profession Businessman and by Nationality Bangladeshi by birth, hereinafter referred to as the ‘3rd Party’ which expression unless excluded by or repugnant to the context shall mean and include his legal heirs, successors, legal representatives and assigns of the THIRD PART.

AND

X4 Chowdhury, daughter of late A. M. Ershad Ali Chowdhury, of House no.24, Road no. 27, Sector-.7, Uttara, Dhaka, by Religion Muslim, by Nationality Bangladeshi by birth, hereinafter referred to as the ‘4th Party’ which expression unless excluded by or repugnant to the context shall mean and include her legal heirs, successors, legal representatives and assigns of the FOURTH PART.

 (1st, 2nd, 3rd and 4th parties are hereinafter collectively referred to as the ‘Parties’)

 WHEREAS:

 THE CHAIN OF OWNERSHIP OF THE SCHEDULED PLOT AND BUILDING LEFT BEHIND BY DECEASED ENAYET HOSSAIN CHOWDHURY IS AS FOLLOWS:

  1. Whereas Enayet Hossain Chowdhury was allotted a plot on 18.12.1989 at Uttara by Rajdhani Unnayan Kartipakka (RAJUK), land measuring more or less 5 Katha 3 Chattak 9 sft. located at House No. 24, Road No. 27, Sector No.7, Uttara Model Town, Dhaka; and
  1. WHEREAS having the entire cost of the plot as determined by RAJUK was paid by Enayet Hossain Chowdhury and consequently a lease deed no. 3035 dated 12.03.1990, registered with the Gulshan Sub Registry Office, Dhaka, was executed by and between RAJUK as lessor and Enayet Hossain Chowdhury as lessee for a period of 99 years. And the said Enayet Hossain Chowdhury got mutated his name in the govt. revenue record and completed all the formalities as required by RAJUK and accordingly, the said Enayet Hossain Chowdhury established his right, title, interest over the plot and became the lessee of the schedule land; and

WHEREAS the said Enayet Hossain Chowdhury constructed a 3 (three) storied building being approved by RAJUK on the allotted plot (the said Plot and building hereinafter commonly referred to as Scheduled Property); and

WHEREAS after death of said Enayet Hossain Chowdhury, died on 15.03.1995, the schedule leasehold land devolved upon his legal heirs, namely, (1) X1Chowdhury (2) X2Chowdhury (3) X3Chowdhury (4) X4Chowdhury & (5) Rahat Chowdhury; and

WHEREAS being satisfied on the application of said (1) X1Chowdhury (2) X2Chowdhury (3) X3Chowdhury (4) X4Chowdhury & (5) Rahat Chowdhury, RAJUK mutated their name in place of said Enayet Hossain Chowdhury vide memo no. RAJUK/ESTATE/2590 STHA dated 04.08.1997 and the said (1) X1Chowdhury (2) X2Chowdhury (3) Robiul Hossain Chowdhury (4) X4Chowdhury & (5) Rahat Chowdhury mutated their name collectively in the govt. revenue record as well; and

WHEREAS the said Rahat Chowdhury, wife of the said late Enayet Hossain Chowdhury, being inspired by her mother-in-law, namely, X1Chowdhury, got married again with one Md. Jahangir Chowdhury and in subsequent as a mark of respect, gratitude, love and affection the said Rahat Chowdhury made an oral gift to her mother in law, namely, X1Chowdhury i.e. to 1st Party, in respect of her portion of land (1/4th share of the land as well as constructed 3 storied building), which portion she acquired from the said Enayet Hossain Chowdhury as legal heirs. Thus the said 1st, 2nd, 3rd and 4th party have been enjoying the Scheduled Property jointly and now they are desirous to enjoy and possess their proportionate shares distinctly out of the Scheduled Property for better and smooth enjoyment as well as for development of the Scheduled Property and to the effect they are willing to allocate to floors alongwith proportionate land of the building to each party whereof all the parties have amicably agreed to do so on terms and subject to the conditions mentioned hereunder.

NOW IT IS DECLARED, CONFIRMED, AGREED, ACKNOWLEDGED AND WITNESSETH BY THE PARTIES AS FOLLOWS:

That it is mutually agreed by the parties that the 1st party of the 1st part of this Agreement is entitled to hold, enjoy, possess and own the following Saham (part) forever on certain conditions as setforth herein:

Saham of the 1st Party

All that floor space measuring 2600 sft. on the 1st floor of the 3 storied building along with undivided and undemarcated proportionate land out of  5 Katha 3 Chattak 9 sft more or less situated at Uttara Residential Model Town in the Sub-Registration District Dhaka, Police Station-Uttara, Mouza Faidabad, being Plot No. 24, Road no. 27, Sector no. 7 of the Layout plan of Uttara Residential Model Town, prepared by the  Dhaka Improvement Trust (DIT) at present RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK).

That it is mutually agreed by the parties that the 2nd party of the 2nd Part of this Agreement is entitled to hold, enjoy, possess and own the following Saham (part) forever on certain conditions as setforth herein:

 Saham of the 2nd Party

All that floor space measuring 2000 sft. on the ground floor of the 3 storied building along with undivided and undemarcated proportionate land out of  5 Katha 3 Chattak 9 sft more or less situated at Uttara Residential Model Town in the Sub-Registration District Dhaka, Police Station-Uttara, Mouza Faidabad, being Plot No. 24, Road no.

27, Sector no. 7 of the Layout plan of Uttara Residential Model Town, prepared by the  Dhaka Improvement Trust (DIT) at present RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK).

 That it is mutually agreed by the parties that the 3rd party of the 3rd Part of this Agreement is entitled to hold, enjoy, possess and own the following Saham (Part) forever on certain conditions as setforth herein:

 Saham of the 3rd Party

All that floor space measuring 1600 sft. on the 2nd floor (eastern side) of the 3 storied building along with undivided and undemarcated proportionate land out of  5 Katha 3 Chattak 9 sft more or less situated at Uttara Residential Model Town in the Sub-Registration District Dhaka, Police Station-Uttara, Mouza Faidabad, being Plot No. 24, Road no. 27, Sector no. 7 of the Layout plan of Uttara Residential Model Town, prepared by the  Dhaka Improvement Trust (DIT) at present RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK).

That it is mutually agreed by the parties that the 4th  party of the 4th Part of this Agreement is entitled to hold, enjoy, possess and own the following Saham (Part) forever on certain conditions as setforth herein:

Saham of the 4th Party

All that Floor space measuring 1000 sft. on the 2nd floor (Western side) of the 3 storied building along with undivided and undemarcated proportionate land out of  5 Katha 3 Chattak 9 sft more or less situated at Uttara Residential Model Town in the Sub-Registration District Dhaka, Police Station-Uttara, Mouza Faidabad, being Plot No. 24, Road no. 27, Sector no. 7 of the Layout plan of Uttara Residential Model Town, prepared by the  Dhaka Improvement Trust (DIT) at present RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK).

 That the Parties mutually agree, undertake and assure reciprocally that they shall enjoy their respective saham keeping the land of the Scheduled Property in undivided and undemarcated nature or as per rule of RAJUK.

 That the property hereby allotted to each party shall be entered upon and henceforth held in severalty by such party without any demand, interruption or disturbance by the other party or any one claiming through, under or in trust for it.

 That each party shall enjoy all the rights and title to enforce their respective claims and interests in the respective saham (part) and to take necessary actions for the same. In case of own necessity the aforesaid partitioned properties can also be used in manner as they like including mortgage, charge etc subject to permission of RAJUK.

 That the parties will be entitled to sell, lease, gift or any kind of transfer, convey or otherwise use regarding their respective saham of the Scheduled Property after getting approval from concern authorities.

 That each of the parties hereby agrees that they shall have rights of enjoyment to all common facilities of the Scheduled Property.

 10.That there is no encumbrance or charge on the property hereby partitioned and that if any encumbrance or charge is found to attach to any part of such property, all the parties shall be liable for the same in proportion of their shares in the joint property.

 11.That each party will execute such deed or do all other acts necessary which may be requisite for more effectually assuring the party so requiring and at his/her cost, in the manner required by law and appear before revenue or other officers to have mutation effected in respect of the part of the schedule property allotted to the party concerned.

 12.That all dues, arrears of rent or outstanding accruing due to each party in respect of the part of the schedule property allotted to him/her as above shall be realizable by such party alone and the other party (or each of the parties) hereby assigns to it its undivided right and interest in such arrears.

 13.That the parties will pay all rents, land taxes, municipal taxes and all other dues and charges that may be payable for the proportionate land as described in the respective saham of the Scheduled Property since execution of this Agreement.

 14.That each party to this deed hereto will at the request of the other produce for inspection by the other and produce in (evidence in) legal proceedings any title deed or document in his/her possession and in any way affecting the title-deed of the party requiring such production to the property hereby transferred to it.

 15.That none of the parties shall be entitled to sell or otherwise transfer his/her allotment to a stranger unless he/she has first offered the same to the other party or parties and in cases only when or each one of them have refused to take the same at the best available market price.

 16.That this partition shall not be re-opened nor challenged under any circumstances by reason of any error or omission whatsoever, but the parties shall execute such further deed or deeds or writings as may be necessary to rectify the error or errors or implements the omission or omissions.

 17.That this Deed shall be executed in 4 (four) set, one for each party but all of which shall constitute one Deed in original

Scheduled Property referred to above

 All that piece & parcel of land measuring more or less 5 Katha 3 Chattak 9 sft. with a 3 storied building constructed thereon situated within, District – Dhaka, Police Station- Uttara, in the Sub Registration District Dhaka, Mouja- Faidabad, of Road No. 27, Plot No. 24, Sector No. 7; of the Layout plan of Uttara Residential Model Town, prepared by the  Dhaka Improvement Trust (DIT) at present RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK), butted & bounded by:

 On the North:

On the South:

On the East:

On the West:

 IN WITNESSES WHEREOF the Parties hereto set their respective hands in this Deed Of Family Settlement on the above mentioned day, month and year.

 WITNESSES:

1.

 

 

 

 

2.

 

 

 

 

 __________________________X1Chowdhury(Signature of the 1st Party)

__________________________

X2Chowdhury

(Signature of the 2nd Party)

__________________________

X3Chowdhury

(Signature of the 3rd Party)

__________________________

X4Chowdhury

(Signature of the 4th Party)

 

                                                                         Drafted by:

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