Legal opinion upon vetting of the property documents

Head of the Branch

Dhaka Bank Limited

Islampur Branch

6-7, Islampur Road

Dhaka-1100.

Sub: Legal opinion upon vetting of the property documents on account of Mr. X.

Dear Sir,

Please refer to your letter vide memo no. DBL/ISL/CR/2010/312 dated March 08, 2010, we have examined the following papers and documents referred to us on the captioned subject and confirm having carefully studied, examined and verified the said landed property papers and documents made available to us for our legal opinion. Accordingly, we set forth below our findings:

01. Owner of the property:

  • Mr. X, son of Hossain Ahmed & Bibi Rahima, permanent & present address at Village-Purbo Chandrapur, Post Office-Bairagirhat, Police Station-Dagonbhuiya, District-Feni.

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 6.75 (six point seven five) decimals situated within District-Dhaka, Police Station-Demra, Sub-Registry Office-Demra, J. L. No. C. S. 322 then 157 Hal 33, Mohanagor Jorip No. 16 Mouza-Narailbagh, C. S. Khatian No. 119, S. A. Khatian No. 116, R. S. Khatian No. 295, Dhaka Mohanagor Jorip (D. P) Khatian No. 380, C. S. & S. A. Dag No. 92 (ninety two), R. S. Dag No. 129 (one hundred twenty nine); butted & bounded by:

On the North: Land of Md. Billal Hossain.

On the South: Land of Md. Abdul Majid.

On the East:   Land of Dag No. 124 of Md. Chan Miah .

On the West: Land of Md. Alauddin.

03. Area:

  • Land measuring 6.75 (six point seven five) decimals.

04. Title Deed Referred:

  • Submitted photocopy of certified Saf Kabala Deed No. 10100 dated 30.10.2008 along with photocopy of delivery receipt being no.  Y 537986 without discharged by the vendor, registered with the Demra Sub-Registry Office of Dhaka, executed by (i) Md. Ibrahim Miah & (ii) Mst. Sahela Khatun in  favour of Mr. X, in respect of scheduled land measuring 6.75 (six point seven five) decimals.

05. Bia Deed:

  • Not submitted;

06. Mutation:

  • Submitted photocopy of certified Mutation Khatian No. 1330 along with Duplicate Carbon Receipt bearing Page No. 23 of Book No. 25751 has been submitted along with photocopy of extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 6.75 (six point seven five) decimals pertaining to R. S. khatian No. 295 & Plot No. 129 has duly been mutated in the name of the present owner of the land, Mr. X, vide Mutation-Separation Case No. 19582/09 dated 22.10.2009, as per R. S. operation.

07. Khatian:

  • Submitted photocopy of certified C. S. Khatian No. 119, corresponding Dag No. 92, land measuring 54 decimals.
  • Submitted photocopy of certified S. A. Khatian No….(required) corresponding Dag No. 92, land measuring 54 decimals, recorded in the names of Abdul Ohab & others.
  • Submitted photocopy of certified R. S. Khatian No. 295, corresponding Dag No. 129, land measuring 54 decimals, recorded in the name of  Abdul Ohab & others.

08. Ground Rent:

  • Not submitted.

09. Chain of Ownership:

  • Regarding to the chain of ownership of the schedule property: it appears that, Sheikh Akorm Uddin Sheikh was the C. S. recorded owner of the schedule land along with other land. Afterwards, said Sheikh Akorm Uddin Sheikh died leaving behind 3 his sons namely (i) Abdul Ohab (ii) Abdul Miah (iii) Abdul Jobbar & they became the owners of the land. Afterwards, said Abdul Jobbar died leaving behind his son namely (i) Md. Ibrahim Miah & daughter namely (ii) Mst. Sahela Khatun & got the land by way of succession & recorded their name in S. A. & R. S. operation & made a partition among them. Afterwards, said  (i) Md. Ibrahim Miah & (ii) Mst. Sahela Khatun transferred the schedule land measuring 6.75 (six point seven five) decimals in favour of Mr. X through a Saf Kabala Deed No. 10100 dated 30.10.2008, registered with the Demra Sub-Registry Office of Dhaka. Thus the said Mr. X has become the present owner of the scheduled land & got mutated the land in the govt. revenue record vide different mutation case no. 19582/09 dated 22.10.2009 & paying ground rent thereof.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not required.

12. Non-encumbrance certificate:

  • Not submitted.

13. Wanting Papers:

  • Title Deeds (Saf Kabala Deed No. 10100 dated 30.10.2008).
  • Printed copy of D. P. Parcha.
  • Up-to-date (1416) ground rent payment receipt, in the names of Mr. X, in respect of scheduled land measuring 6.75 (six point seven five) decimals.
  • Up to date Non-encumbrance certificate in respect of the scheduled land.

14. Opinion:

In view of the above, we are of the opinion that Mr. X has acquired prima facie title &ownership over the scheduled land by way of purchase. As such the said owner is required to produce the wanting papers mentioned in column no. 13 above in support of their right, title & ownership over the scheduled land.

However, the Bank may accept the scheduled land 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 photocopies of 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 land should verify the spot physically for ascertaining the actual and peaceful possession of Mr. 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 certified copies & photocopies of papers/documents are returned herewith.

Thanking you,

Yours faithfully,

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,

208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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