Legal opinion upon the vetting of the property documents

LJ/PJ/474/1463

Sunday, April 27, 2008

Revised On: Sunday, 04 May 2008

Mr. A

SAVP & Manager

Bank 1

Uttara Corporate Branch

Plot # 111/A (Ground & 1st Floor)

Road # 07, Sector # 04

Uttara, Dhaka – 1230

Bangladesh

Sub:   Legal opinion upon the vetting of the property documents on account of (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. E.

Dear Sir,

We refer your letter No. TBL/UTR/1408/2008 dated 23.04.2008 requesting us to verify the property documents referred to us. Accordingly, we have scrupulously perused the said papers/documents and our view in relation to the same is as follows:

A.
1.
Owner of the property : (i) Mr. B, S/o – Mr. X of Flat # 4C, House # 2, Road # 20, Sector 4, Uttara, Dhaka.

(ii) Mrs. C, W/o – Mr. B of Flat # 4C, House # 2, Road # 20, Sector 4, Uttara, Dhaka.

(iii) Mr. D, S/o – Mr. X of House # 37 (Ground Floor), Road # 8, Sector # 13, Uttara, Dhaka.

(iv) Mr. F Son of- Mr. Y of 438/1/A, Noth Ibrahimpur, Kafrul, Dhaka Cantonment, Dhaka.

(v) Mr. G, S/o – Mr. X of Flat # 4C, House # 2, Road # 20, Sector 4, Uttara, Dhaka
2. Description of the properties : All that piece & parcel of land measuring 3 (three) katha or 4.95 (four point nine five) decimals situated within Uttara Residential Model Town of Rajdhani Unnayan Kartripakkha in the Sub-Registry Office – Uttara, Mouza – Bailjuri, Police Station – Uttara, being Plot No. 7 (seven), Road No. 19 (nineteen), of Sector No. 13 (thirteen)   of the Layout plan of UTTARA RESIDENTIAL MODEL TOWN prepared by the RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK), butted and bounded by:

On the North:  Road No 19

On the South:  Road No. 20, Plot No. 8

On the East:    Road No. 19, Plot No. 5

On the West:   Road No. 19, Plot No. 9
3. Area : Total land measuring 3 (three) Katha.
4. Title Deed Referred : Submitted certified copy of Saf Kabala Deed bearing No.  11372 dated 04.06.2006, registered with the Sub-Registry Office of Gulshan, Dhaka, executed by Mohammad Mr. K, in favour of (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G in respect of land measuring   3 (three) Katha
5. Bia Deed : Submitted Original Lease Deed No. 12270 dated 18.08.1999, executed between RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK) of the One Part and Mohammad Mr. K of the Other Part, in respect of land measuring 3 katha.
6. Mutation : Submitted Photocopy of Mutation bearing Memo No. RAJUK/ESTATE/1810(2)/Stha dated 30.08.2006 issued by Deputy Director (Estate), RAJUK, wherefrom it appears that Plot No. 7, Road No. 19, House No. 13, measuring in total 3 (three) katha, has duly been mutated in the name of the present owner of the flat (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G.
7. Khatian : Not Submitted
8. Chain of Ownership : Regarding the chain of ownership of land described above as schedule: it appears that RAJUK was the original leasehold owner of the scheduled land. Thereafter, the said RAJUK leased the land out to Mohammad Mr. K vide Lease Deed No. 12270 dated 18.08.1999 registered with the Office of Sub-Registrar, Gulshan, Dhaka. Thereafter, the said Mohammad Mr. K appointed his lawful attorney namely Mr. H through the Power of Attorney Deed No. 2260 dated 12.02.2006 registered with the Office of Sub-Registrar, Gulshan, Dhaka. Thereafter, said Mohammad Mr. K represented his attorney Mr. H transferred the land to (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G by way of sale vide Saf Kabala Deed No. 11372 dated 04.06.2006, registered with the Sub-Registry Office of Gulshan, Dhaka. Thus the said (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G has become the leasehold owner of the land and also got mutated the same in RAJUK.
9. Ground Rent : Not Submitted
10. Non-encumbrance certificate : Submitted Original copy of Non-encumbrance Certificate along with Government Receipts bearing No. 46057 dated 17.04.2008 has been submitted wherefrom it appears that land measuring an area of 3 (three) katha has not in any way been encumbered or transferred within the period from 1995 to 17.04.2008.
11. Municipal Holding : Not submitted.
12. Others :
  • Submitted Power acceptance letter under reference no. RAJUK/ESTATE/317STHA dated 27.03.2006 issued by RAJUK permitting to appoint Mr. H as the lawful attorney of Mohammad Mr. K.
  • Submitted Final Record Letter No. RAJUK/ESTATE/1066Stha dated 17.05.2006 finally recorded by RAJUK, shows that the land measuring an area of 3 (three) kathas or 4.95 (four point nine five) decimals in the name of (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G is all right.
  • Submitted photocopy of prior permission issued by RAJUK to the effect of creating mortgage on the scheduled property in favour of Bank 1, Uttara Branch, Dhaka vide its letter No. ivRDK/ G‡óU (DËiv)/2430 ¯’v dated 30.04.2008
13. Wanting papers/ documents : Ø         Certified copy of Mutation Khatian as per R. S. operation along with D.C.R. in the name of (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G from concerned Assistant Commissioner of land in respect of scheduled property in R.S. Dag

Ø         Attested copy of D.P. Khatian (if any).

Ø         Up to dated Ground Rent Payment Receipt in respect of the scheduled property.

Ø         Up to dated Dhaka City Corporation Holding Tax Payment Receipt in respect of the scheduled property.
14. Opinion : In view of the above, we are of opinion that (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. F & (v) Mr. G has acquired prima facie title & ownerships over the scheduled property. As such the said owners are required to produce the wanting papers mentioned in column no. 13 above in support of their right title & ownerships over the schedule 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. 13 above. This opinion has been furnished on the basis of the original papers and documents, hence we advise you to provide all original papers/documents including the wanting papers so that we can extend our final opinion.

Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of (i) Mr. B, (ii) Mrs. C, (iii) Mr. D, (iv) Mr. E over the scheduled property.

For this opinion, we have assumed that:

  • all documents/papers submitted to us as photocopies are complete and conform to authentic and original documents.
  • 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 any further queries in this regard please do not hesitate to contact us. The file with all photocopies of papers/documents is returned herewith.

Thanking you,

Yours sincerely,

(_______________________)

Advocate

For: Lawyers & Jurists

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