Legal opinion upon vetting of the property documents

LJ/SIBL/Soma/2009/0128

Saturday, November 07, 2009

Head of the Branch

Social Islami Bank Limited

Principal Branch

Sharif Mention

Jamgora, Ashulia

Dhaka-1349.

Sub: Legal opinion upon vetting of the property documents standing in the name of Mr. Y on account of X Motors.

Dear Sir,

We refer to your earlier instruction 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:

  • X Motors represents by its Managing Director Mr. Y, son of Late Justice A. M. Abdulla at present & permanent address -71, Mohakhali Industrial Area, Dhaka.

02.  Description of the property:

SCHEDULE – 1

SCHEDULE – A

All that piece and parcel of land measuring 165 (one hundred sixty five) decimals, situated within District-Gajipur, Sub-Registry Office-Sadar, Gajipur, J. L. No. 18, Mouza–Arishoto Prosad, Khatian No. Sabak 603 (six hundred three), 504 (five hundred four), 546 (five hundred forty six), 260 (two hundred sixty), Hal Khatian No. 283 (two hundred eighty three), 284 (two hundred eighty four), 140 (one hundred fourty), 489 (four hundred eighty nine), Sabak Dag No. 638 (six hundred thirty eight), 639 (six hundred thirty nine), 386 (three hundred eighty six), R. S. Dag No. 2095/1990 (two thousand ninety five/one thousand nine hundred ninety), 1994 (one thousand nine hundred ninety four), 1996 (one thousand nine hundred );

butted and bounded by:

On the North  :  Required.

On the South     :  Required.

On the East       :  Required.

On theWest      :  Required.

SCHEDULE – B

All that piece and parcel of land measuring 87 (eighty seven) decimals, situated within District-Gajipur, Sub-Registry Office-Gajipur  Sadar, Gajipur, J. L. No. 18, Mouza–Arishoto Prosad, Khatian No. Sabak 339 (three hundred thirty nine), C. S. Dag No. 638 (six hundred thirty eight), R. S. Dag No. 1990 (one hundred ninety),

butted and bounded by:

On the North  :  Required.

On the South     :  Required.

On the East       :  Required.

On theWest      :  Required.

SCHEDULE – 2

SCHEDULE – A

All that piece and parcel of land measuring 161 (one hundred sixty one) decimals, situated within District-Gajipur, Sub-Registry Office-Gajipur Sadar, Gajipur, J. L. No. 18, Mouza–Arishoto Prosad, S. A. Khatian No. 238 (two hundred thirty eight), R. S. Khatian No. 428 (four hundred twenty eight), C. S. & S. A. Dag No. 388 (three hundred eighty eight), R. S. Dag No. 2001 (two thousand one),

butted and bounded by:

On the North  :  Required.

On the South     :  Required.

On the East       :  Required.

On theWest      :  Required.

SCHEDULE – B

All that piece and parcel of land measuring 143 (one hundred fourty three) decimals, situated within District-Gajipur, Sub-Registry Office-Gajipur Sadar, Gajipur, J. L. No. 18, Mouza–Arishoto Prosad, C. S. Khatian No. 81/30 (eighty one/thirty), S. A. Khatian No. 190 (one hundred ninety), R. S. Khatian No. 22 (twenty two), C. S. & S. A. Dag No. 245 (two fourty five), 389 (three hundred eighty nine), R. S. Dag No. 651(six hundred fifty one), 2010 (two thousand ten),

butted and bounded by:

On the North  :  Required.

On the South     :  Required.

On the East       :  Required.

On theWest      :  Required.

03. Area:

Total Land measuring (165+87+161+143)=556 (five hundred fifty six) decimals.

04. Title Deed Referred:

  • Submitted original copy of certified Saf Kabala Deed No. 12283 dated 28.06.2003, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin  in favour of X Motors represents by its Managing Director Mr. Y in respect of schedule land measuring 252 (two hundred fifty two) decimals.
  • Submitted original copy of certified Saf Kabala Deed No. 12284 dated 28.06.2003, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin  in favour of X Motors represents by its Managing Director Mr. Y in respect of schedule land measuring 304 (three hundred four) decimals.

05. Bia Deed

  • Submitted original copy of original Saf Kabala Deed No. 5644 dated 12.06.95, registered with the Sub-Registry Office of Gajipur Sadar , Gajipur, executed by (i) Md. Rafiqul Islam (ii) Md. Shofiqul Islam, (iii) Mst. Achia Khatun,, in favour of (i) Mahabubur Rahaman (ii) Asikur Rasid.
  • Submitted original copy of original Saf Kabala Deed No. 10526 dated 29.11.93, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by Mrs. Shama Kobir, in favour of Mahabubur Rasid.
  • Submitted original copy of original Saf Kabala Deed No. 10527 dated 29.11.93, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by Mrs. Shama Kobir in favour of (i) Mahabubur Rasid Al Amin (ii) Asikur Rasid Al Amin.
  • Submitted original copy of original Saf Kabala Deed No. 10528 dated 29.11.93, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Ahosanul Kabir (ii) Junaid Kobir (minor) in favour of (i) Mahabubur Rasid Al Amin (ii) Asikur Rasid Al Amin.
  • Submitted original copy of original Saf Kabala Deed No. 11236 dated 02.11.95, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Mst. Hajera Katun (ii) Mst. Parvin (Parul) (iii) Suraia Begum in favour of Ashikur Rasid Al Amin.
  • Submitted original copy of original Saf Kabala Deed No. 11237 dated 02.11.95, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Mst. Hajera Katun (ii) Mst. Parvin (Parul) (iii) Suraia Begum in favour of (i) Mahabubur Rasid Al Amin (ii) Asikur Rasid Al Amin.
  • Submitted original copy of original Power of Attorney Deed No. 22879 dated 29.12.99, registered with the Sub-Registry Office of Gajipur Sadar, Gajipur, executed by (i) Mahabubur Rasid Al Aminb (ii) Asikur Rashid, in favour of X Motors represents by its Managing Director Mr. Y.
  • Submitted photocopy of original Saf Kabala Deed No. 4392 dated 10.04.93, registered with the Sub-Registry Office of Gajipur, executed by Sultan Uddin Ahamed in favour of Niloy Motors represents by its Y Propitor.
  • Submitted photocopy of original Power of Attorney Deed No.22895 dated 21.12.99, registered with the Sub-Registry Office of Gajipur Sador, Gajipur, executed by (i) Mahabubur Rasid Al Amin (ii) Asikur Rosid Al Amin in favour of X Ciment Industries Ltd. represents by its Managing Director Y Propitor.
  • Submitted photocopy of original Saf Kabala Deed No. 4392 dated 10.04.93, registered with the Sub-Registry Office of Gajipur, executed by Sultan Uddin Ahamed in favour of Niloy Motors represents by its Y Propitor.
  • Submitted photocopy of original Sale Deed No. 5595 dated 10.04.97, registered with the Sub-Registry Office of Gultion, Dhaka executed by (i) Mrs.Kaniz Aysa (ii) Mr. Md. Asfaq Uddin Chowdhury in favour of Central Properties represents by its Managing Dirctor Mr. Y.
  • Submitted photocopy of original Heba Bel Azaz Deed No. 253 dated 06.01.97, registered with the Sub-Registry Office of Gultion, Dhaka executed by Mrs. Shahana Chowdhury in favour of Md. M. Asfak Uddin Chowdhury.
  • Submitted photocopy of original  Deed No. 3153 dated 30.07.73, registered with the Sub-Registry Office of Gultion, Dhaka executed by Md. M. Asfak Uddin Chowdhury in favour of Mrs. Shahana Chowdhury.
  • Submitted photocopy of original Deed No. 3691 dated 26.10.72, registered with the Sub-Registry Office of Joint Sub Registry office, Dhaka executed by (i) Abdul Hamid (ii) Abdul Samad (iii) Mst. Horon Nahar in favour of Mrs. Kaniza Aiasha Rehana.

06. Mutation:

  • Submitted original copy of certified Mutation Khatian No. 18 along with original copy of extract copy of mutation recommendation has been submitted along with Duplicate Carbon Receipt bearing Page No. 06 of Book No. 128407 has been submitted wherefrom it appears that land measuring an area of 304 (three hundred four) decimals pertaining to Plot No. 388,245,389 has duly been mutated in the name of the present owner of the land, X Motors represents by its Managing Director Mr. Y , vide Mutation-Separation Case No. 4101/93-94 dated 25.05.1994, as per S. A. operation.
  • Submitted original copy of certified Mutation Khatian No. required along with original copy of extract copy of mutation recommendation has been submitted along with Duplicate Carbon Receipt bearing Page No. 17 of Book No. 2394 has been submitted wherefrom it appears that land measuring an area of 165 (one hundred sixty five) decimals pertaining to Plot No. 1990,2050,1994,1996 has duly been mutated in the name of the present owner of the land, X Motors represents by its Managing Director Mr. Y , vide Mutation-Separation Case No. 4614/95-96 dated 18.05.1996, as per R. S. operation.
  • Submitted original copy of certified Mutation Khatian No. required along with original copy of extract copy of mutation recommendation has been submitted along with Duplicate Carbon Receipt bearing Page No. 13 of Book No. 144969 has been submitted wherefrom it appears that land measuring an area of 87 (eighty seven) decimals pertaining to Plot No. 1990 has duly been mutated in the name of the present owner of the land, X Motors represents by its Managing Director Mr. Y , vide Mutation-Separation Case No. 3091/95-96 dated 04.01.1996, as per R. S. operation.

07. Khatian:

  • Submitted orinal copy of certified C. S. Khatian No. 330, corresponding Dag No. 638, land measuring 2 acre 38 decimals.
  • Submitted original copy of certified C. S. Khatian No. 277, corresponding Dag No. 639,386, land measuring  97 decimals.
  • Submitted original copy of certified C. S. Khatian No. 103, corresponding Dag No. 388, land measuring 1 acre 61 decimals.
  • Submitted original copy of certified Sabak Khatian No. 504, corresponding Dag No. 639,386, land measuring 1 acre 97 decimals.
  • Submitted original copy of certified S. A. Khatian No. 238, corresponding Dag No. 388 land measuring 1 acre 61 decimals.
  • Submitted original copy of certified S. A. Khatian No. required, corresponding Dag No. 638,639 land measuring 1 acre 47 decimals.
  • Submitted original copy of certified S. A. Khatian No. 238, corresponding Dag No. 388 land measuring 1 acre 61 decimals.
  • Submitted original copy of certified S. A. Khatian No. 190, corresponding Dag No. 389,245, land measuring 5 acre 83 decimals.
  • Submitted original copy of certified R. S. Khatian No. 428, corresponding Dag No. 2009, land measuring 1 acre 31 decimals.
  • Submitted original copy of certified R. S. Khatian No. 22, corresponding Dag No. 651,2010, land measuring 1 acre 43 decimals.
  • Submitted original copy of certified Hal Khatian No. 284, corresponding Dag No. 1994,2095, land measuring 1 acre 48 decimals.
  • Submitted original copy of certified Hal Khatian No. 283, corresponding Dag No. 1990, land measuring 1 acre 30 decimals.

08. Ground Rent:

Photocopy of Ground Rent Payment Receipt being No. Z 327742 dated 14.12.2008 has been submitted wherefrom it appears that rent has been paid up to 1415 B. S. for an area of 556 (five hundred fifty six) decimals pertaining to Plot No. 638/2095, 639/1994, 1995, 1990, 2009 in the name of the present owner of the land, X Motors represents by its Managing Director Mr. Y.

09. Chain of Ownership:

  • The chain of ownership of the Schedule property -1

It appears that (i) Md. Rafiqul Islam Khan (ii) Md. Shofiqul Islam Khan (iii) Mst. Achia Khatun and others were the owner of the land schedule 1(A). Thereafter (i) Md. Rafiqul Islam Khan (ii) Md. Shofiqul Islam Khan got the land by way of inheritance and Mst. Achia Khatun got the land in the place of her husband. Afterward they transferred the land to (i) Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin through a Saf Kabala Deed No. 5644 dated 12.06.1995. On the other hand (i)Mst. Hajera Khatun (ii) Mst. Parvin (Parul) (iii) Suraia Begum and others were the owner of the of the schedule land 1(B). Subsequently (i)Mst. Hajera Khatun (ii) Mst. Parvin (Parul) (iii) Suraia Begum and others transferred the land to (i) Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin through a Saf Kabala Deed No. 11237 dated 02.11.1995. Afterward said  (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin appointed Abdul Mutalub Ahamed as Power Of Attorney of the land who was the Managing Director of X Ciment Industries Ltd through a Deed bearing No. 22879 dated 29.12.1999, registering in the Saf Registry office Gajipur Sadar, empowering him right to caretake  and sell the land. Thereafter (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin transferred the land to X Motors represents by its Managing Director Mr. Y through a Saf KabalaDeed No. 12283 dated 28.06.2003. Thus the said X Motors represents by its Managing Director Mr. Y has become the present owner of the scheduled land & got mutated the land in the govt. revenue record vide mutation case no. . 4614/95-96 & 3091/95-96 dated 18.05.1996 & 04.01.1996  paying ground rent thereof.

  • The chain of ownership of the Schedule property -2

It appears that Mrs. Shama Kobir was the owner of the 1.3750 decimal  of land through three Saf Kabala Deed No. 4177, 4433, 5765 dated 03.05.89, 21.05.90 &  29.11.93. Thereafter said  Mrs. Shama Kobir transferred the land (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin through a Saf Kabala Deed No. 10526 dated 29.11.1993. On the other hand Ahosanul Korim & guardian of Junaed kabir (on behalf of minor Junaet Kabir)  transferred .2350 decimal land to (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin through a Saf Kabala Deed No. 10527 dated 29.11.93. Afterthat Mrs. Shorma Kobir  appointed  Ahosanul Kobir as Power Of Attorney of the land through a Deed bearing No. 10175 dated 20.11.1993, registering in the Saf Registry office Gajipur Sadar, empowering him all the right upon the land. Power of Attorney Deed to. Thereafter said Ahosanul Korim transferred 143 decimal land to (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin. Afterward said  (i)Mahabubur Rosid Al Amin (ii) Asikur Rosid Al Amin appointed power of attorney  X Ciment Industries Ltd. represented by its Managing Director Abdul Mutalub Ahamed. Thereafter said Abdul Mutalub Ahamed Power of Attorney on behalf of owner transferred the land to X Motors represents by its Managing Director Mr. Y through a Saf KabalaDeed No. 12284 dated 28.06.2003. Thus the said X Motors represents by its Managing Director Mr. Y has become the present owner of the scheduled land & got mutated the land in the govt. revenue record vide mutation case no. 4101/93-94 dated 25.05.1994  paying ground rent thereof.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not required.

12. Non-encumbrance certificate:

  • Not submitted.
  • Non-encumbrance Certificate along with Government Receipts bearing Nos. 724684 dated 11.01.2009 has been submitted wherefrom it appears that land measuring an area of 413 (four hundred thirteen) decimals has not in any way been encumbered or transferred within the period from 1998 to 11.01.2009.

13. Wanting papers/ documents:

  • Certified copy of R. S. Khatian No. 13, corresponding Dag No. 220.
  • Up-to-date (1416) ground rent payment receipt in respect of scheduled land measuring 556 decimals (as per R. S. record i. e. R. S. Khatian No. 13, corresponding Dag No. 220) in the name of     X Motors represents by its Managing Director Mr. Y.

14. Opinion:

In view of the above, we are of opinion that X Motors represents by its Managing Director Mr. Y has acquired prima facie title and ownership over the scheduled property in question 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 his right, title and ownership over the scheduled property.

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 property should verify the spot physically for ascertaining the actual and peaceful possession of X Motors represents by its Managing Director Mr. Y, over the scheduled property and collect all original copies instead of photocopies submitted to us.

For this opinion, we have assumed that:

  • all documents/papers submitted to us as photocopies are complete and confirm to authentic 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. The file with all photocopies of papers/documents is returned herewith.

Thanking you.

Yours sincerely,

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,

208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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