Heba Deed Related Property

BEFORE THE NOTARY PUBLIC, DHAKA

A F F I D A V I T

I, MR. A son of late Mr. X of 144/13/3, South Pirer Bagh, Mirpur, Dhaka-1216, by faith Muslim, by occupation retired Pesh Imam of Surya Sen Hall, University of Dhaka, nationality Bangladeshi by birth, aged about 75 years, do hereby solemnly affirm and say as follows:

1.   That I was the absolute and sole owner of the floor space of four flats [5-A, 5-B, 5-C & 5-D] measuring 2444.50 sft in the fourth floor of the building described in the schedule below of which I obtained the title by way a Sale Deed No. 1054 dated 04.02.1997 and subsequent mutual partition among the four owners of the same title deed and I had been in possession peacefully and had also been paying rent, taxes, etc. with the proper authority.

2.  That out of love and affection for my four daughters namely, Mrs. B, Mrs. C, Mrs. D and Mrs. E, I freely and voluntarily and without any valuable consideration made a verbal gift (Hiba) of the said property to Mrs. B, Mrs. C, Mrs. D and Mrs. E at 144/13/3, South Pirer Bagh, Mirpur, Dhaka in the presence of the following witnesses on the 15th day of August, 2007:

i)         Mr. F

144/13/3 South Pirer Bagh

Mirpur

Dhaka-1216

ii)        Mr. G

144/13/3 South Pirer Bagh

Mirpur

Dhaka-1216

and the possession thereof had already been delivered to the said donees who had accepted the same and residing in the said premises.

3.  That by virtue of the said verbal gift or Hiba, Mrs. B, Mrs. C, Mrs. D and Mrs. E are now the sole and absolute owner of the floor space of four flats [5-A, 5-B, 5-C & 5-D respectively] measuring 2444.50 sft (611.125 sft. each) in the fourth floor of the building described of the said property in the schedule below including building and all structures, schedule of which is given hereunder, and they and their heirs, executors, administrators, legal representatives or assigns shall absolutely and freely enjoy the said  property in whatever manner they like and shall enjoy all the rights and privileges attached to the said property and the donees shall have all rights and title to enforce their claim and interest in the said property and to take necessary action for the same. The gifted property can also be used in any manner whatever the donees like including mortgage, charge, etc. if required.

4.  That it is thought convenient and proper that the fact of the aforesaid verbal gift or Hiba made and delivered on the 15th day of August, 2007 be put in some sort of writing to fully effectuate and carry out the purpose and intent of the said gift and to facilitate the donees to exercise her right, title and privileges with regard to the said property and as such I swear this affidavit to record the same in writing so that they can assert their rights, title and interest against any other person or persons whomsoever it may concern.

5.  That the said donees shall have all rights and claim to take all necessary actions for the mutation of her name as the owner of the aforesaid gifted property with the Municipal authority as well as in any Government Offices/authority or any such authority.

6.  That it is hereby declared that I made the said verbal gift of the aforesaid property voluntarily and freely to Mrs. B, Mrs. C, Mrs. D and Mrs. E and I shall have no right, title and interest in the said property nor any one on my behalf or as my heir, executor, administrator or assignee shall have any right or interest in the said property and it is also declared that the donees had already accepted the said gift and taken possession of the said property. They are in fact residing in the said premises.

7. That I further declare and say that I have not done anything nor consciously and knowingly did anything which in any way could prevent me from making this gift and convey the right, title and interest of the said property to the donees absolutely. The gift was made with all rights and privileges attached to the said property.

SCHEDULE-A

(Description of the property of Mrs. B)

All that piece and parcel of floor area measuring 611.125 square feet [Flat No. 5-B] of 2444.50 sft. in the north-west side of the fourth floor out of the total floor area measuring 14,667 sft feet building constructed from undivided and undemarcated 8 (eight) decimals land together with 1 (one) Car Parking space on the ground floor with all right, title, easement and interest attached thereto under District: Dhaka, P.S. and Sub-registry office-Mirpur, Dhaka Collectorate Touzi No. 220(old), 99 (Hal), Mouza-Senpara Parbata, C.S. 492, S.A. 492/2, Mutation No. 587/166-2, R.S. (Hal) 767, Khatian No. 844, C.S. and S.A. 1039, R.S. (Hal) 1459, butted and bounded by:

On the North  :           Mosammat Kamrunnessa and Mosammat Selima

Hasin

On the South  :           Road

On the East     :           Rajuk Drain

On the West   :           Mohiuddin Al Faruk Engineer (Rtd.)

SCHEDULE-B

(Description of the property of Mrs. C)

All that piece and parcel of floor area measuring 611.125 square feet [Flat No. A] of 2444.50 sft. in the north-east side of the fourth floor out of the total floor area measuring 14,667 sft feet building constructed from undivided and undemarcated 8 (eight) decimals land together with 1 (one) Car Parking space on the ground floor with all right, title, easement and interest attached thereto under District: Dhaka, P.S. and Sub-registry office-Mirpur, Dhaka Collectorate Touzi No. 220(old), 99 (Hal), Mouza-Senpara Parbata, C.S. 492, S.A. 492/2, Mutation No. 587/166-2, R.S. (Hal) 767, Khatian No. 844, C.S. and S.A. 1039, R.S. (Hal) 1459, butted and bounded by:

On the North  :           Mosammat Kamrunnessa and Mosammat Selima

Hasin

On the South  :           Road

On the East     :           Rajuk Drain

On the West   :           Mohiuddin Al Faruk Engineer (Rtd.)

SCHEDULE-C

(Description of the property of Mrs. D)

All that piece and parcel of floor area measuring 611.125 square feet [Flat No. C] of 2444.50 sft. in the south-west side of the fourth floor out of the total floor area measuring 14,667 sft feet building constructed from undivided and undemarcated 8 (eight) decimals land together with 1 (one) Car Parking space on the ground floor with all right, title, easement and interest attached thereto under District: Dhaka, P.S. and Sub-registry office-Mirpur, Dhaka Collectorate Touzi No. 220(old), 99 (Hal), Mouza-Senpara Parbata, C.S. 492, S.A. 492/2, Mutation No. 587/166-2, R.S. (Hal) 767, Khatian No. 844, C.S. and S.A. 1039, R.S. (Hal) 1459, butted and bounded by:

On the North  :           Mosammat Kamrunnessa and Mosammat Selima

Hasin

On the South  :           Road

On the East     :           Rajuk Drain

On the West   :           Mohiuddin Al Faruk Engineer (Rtd.)

SCHEDULE-D

(Description of the property of Mrs. E)

All that piece and parcel of floor area measuring 611.125 square feet [Flat No. D] of 2444.50 sft. in the south-east side of the fourth floor out of the total floor area measuring 14,667 sft feet building constructed from undivided and undemarcated 8 (eight) decimals land together with 1 (one) Car Parking space on the ground floor with all right, title, easement and interest attached thereto under District: Dhaka, P.S. and Sub-registry office-Mirpur, Dhaka Collectorate Touzi No. 220(old), 99 (Hal), Mouza-Senpara Parbata, C.S. 492, S.A. 492/2, Mutation No. 587/166-2, R.S. (Hal) 767, Khatian No. 844, C.S. and S.A. 1039, R.S. (Hal) 1459, butted and bounded by:

On the North  :           Mosammat Kamrunnessa and Mosammat Selima

Hasin

On the South  :           Road

On the East     :           Rajuk Drain

On the West   :           Mohiuddin Al Faruk Engineer (Rtd.)

8.                  That the statements made above are true to my knowledge and belief and I sign this Affidavit before the Notary Public, Dhaka.

WITNESSES :1. _______________________

(Mr. F)

144/13/3, South Pirer Bagh

Mirpur

Dhaka

2. ________________________

(Mr. G)

144/13/3 South Pirer Bagh

Mirpur

Dhaka-1216

_______________________DEPONENT

The deponent is known to me and identified by me and he has signed in my presence.

_________________________

Advocate

Drafted by:

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