Head of the Branch
Dhaka Bank Limited
Madhabdi Bazar Branch
8, Bank Road, Madhabdi
Sub: Legal opinion upon vetting of the property documents standing in the name of X on account of M/s. Y Textile Mills.
Please refer to your letter vide memo no. DBL/MDB/LO/2009/185 dated November 15, 2009, we refer to our earlier discussion and confirm having carefully studied and examined the papers and documents made available to us for our legal vetting in connection with the captioned subject and accordingly we observe as follows:
01. Owner of the property:
- X, wife of Md. Mostofa Kamal, permanent & present address at Village: Soto Godairchor, Post office: Madhobdi, Upozilla & District: Narshingdi.
02. Description of the property:
All that piece and parcel of land measuring 15 (fifteen) decimals situated within District- Narshingdi, Police Station & Sub-Registry Office- Narshingdi. J. L. No. C. S. 222 (two hundred twenty two), R. S. No. 113 (one hundred thirteen) Mouza- Berampur, C. S. Khatian No. 191 (one hundred ninety one), S. A. Khatian No. 196 (one hundred ninety six), R. S. Khatian No. 346 (three hundred forty six), C. S. & S.A. Dag No. 288 (two hundred eighty eight), R. S. Dag No. 383 (three hundred eighty three), butted and bounded by:
On the North : Land of Mr. Kamor Uddin.
On the South : Land of Mr. Sofi.
On the East : Land of Mrs. Mina Akhter.
On the West : Land of Mr. Sattar & Hajera..
Total Land measuring 15 (fifteen) decimals.
04. Title Deed Referred
- Submitted certified copy of Heba Deed No.12326 dated 20.10.2008 registered within the Sub-Registry Office of Narshingdi Sadar, executed by Mosammat Feroja Begum in favour of Mosammat YAkter, in respect of scheduled land measuring 15 (Fifteen) decimals.
05. Bia Deed:
- Not Submitted.
- Certified copy of Mutation Khatian No. 1599, Jot No. 1218, along with DCR (Duplicate Carbon Receipt) bearing Page No.14 of Book No. 3695 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 15 (Fifteen) decimals pertaining to R. S. Dag No. 383, has duly been mutated in the name of the present owner X, of the land, vide Mutation-Separation Case No. 9224/08-09 dated 21.06.2009, as per R. S. operation.
- Submitted certified copy of C. S Khatian No. 191, corresponding Dag No. 288, recorded in the name of Nishi Kantho Das
- Submitted certified copy of S.A. Khatian No. 196, corresponding Dag No. 288 , recorded in the name of Nishi Kantho Das.
- Submitted certified copy of R.S. Khatian No. 346 corresponding Dag No.383, recorded in the name of Bondor Ali Bepari.
08. Ground Rent:
- Ground Rent Payment Receipt being No Z 146582 dated 25.06.2009 has been submitted wherefrom it appears that rent has been paid up to 1416 B.S. for an area of 15 (Fifteen) decimals pertaining to R.S. Dag No. 383 in the name of the present owner of the land, X..
09. Chain of Ownership:
- Regarding the chain of ownership of schedule Property: it appears that the scheduled land was the owned by one Md. Bondor Ali Bapari who was the S. A. recorded owner. Thereafter, said Md. Bondor Ali Bapari transferred the schedule land to Mosammat Feroja Begum through Heba-Bil-Ewaze Deed No. 9821 dated 14.11.1991 registered within the Sub Registry Office Narshingdi Sadar. Thereafter, said Mosammat Feroja Begum recorded her name in the mutation dated 08.11.2006, and mutation separation case No.2334/06-07,R. S.Jot No.1218. Thereafter, said Mosammat Feroja Begum transferred the schedule land to Xthrough Heba-Bil-Awaze Deed No.12326 dated 20.10.2008, registered within Narshingdi Sadar, Sub-Registry Office of Narshingdi. Thereafter, said Xrecorded her name in the mutation Khatian No. 1599, Jot No. 1218, along with DCR (Duplicate Carbon Receipt) bearing Page No.14 of Book No. 3695 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 15 (Fifteen) decimals pertaining to R. S. Dag No. 383, has duly been mutated in the name of the present owner X, of the land, vide Mutation-Separation Case No. 9224/08-09 dated 21.06.2009, as per R. S. operation.
- Not submitted.
11. Holding Tax:
- Not submitted.
12. Mouza Map:
- Not submitted.
13. Non-encumbrance certificate:
- Not submitted.
14. Wanting papers/ documents:
- Original title of Heba-Bil- Awaze Deed No. 12326 dated 20.10.2008
- Bia deed (Heba-Bil-Awaze Deed No.9821 dated 14.11.1991).
- Up to date Non-encumbrance certificate in respect of the scheduled property.
In view of the above, we are of opinion that Xhas acquired right, title & interest over the scheduled property.
However, the Bank may accept the scheduled property as security in the form of legal mortgage against the loan facility subject to obtain the papers/documents mentioned in Column No. 14 above.
Moreover the Bank before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of X over the scheduled property.
For this opinion, we have assumed that:
- all signatures given in the documents/papers are genuine and all documents/papers submitted to us as original are authentic and complete.
- all representations and statements made with regard to the documents by the parties are true and accurate.
This opinion is rendered only to you as our client and is solely for your benefit. No other person may rely upon it for any purpose, without our previous written consent
Should you have further queries in this regard please do not hesitate to contact the undersigned. The file with all original, certified & photocopies of papers/documents are returned herewith.
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