Legal opinion upon vetting of the property documents

Head of Branch

Dhaka Bank Limited

Mirpur Branch

Plot No. 01, (1st & 2nd Floor),

Road No. 05, Block-A,

Section-10, Mirpur,

Dhaka-1216.

Sub: Legal opinion upon vetting of the property documents standing in the name of X, on account of M/s. Y Architects N Engineers.

Dear Sir,

Please refer to your letter dated August 18, 2009 regarding the captioned subject, and accordingly with your request, we have examined the papers and documents referred to us and our opinion concerning the same is as follows:

01. Owner of the property:

  • Mr. X son of Late Mohammad Taymur, of 107, B, Dhanmodni Residential Area, Road No. 1, Police Station: Lalbagh, District: Dhaka.

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 33.68 (thirty three point six eight) decimals out of 36.67 (thirty six point six seven) decimals situated within District-Dhaka, Police Station: Sabek-Tejgaon, Hal-Dakhinkhan, Sub-Registry Office-Badda, Under Dhaka Collectorate Touzi, J.L. No. 193, Mouza: Dakkhinkhan, C.S. Khatian No. 422, Hal Khatian No. 656/2, Dag No. C.S. & S.A. 3080, 3081, 3082, butted and bounded by:

On the North: Md. Sohel & others property;

On the South: M/s. Civil Engineering Company’s Property;

On the East: Md. Siraj’s vacant land;

On the West: About 25 feet wide pucca road namely Holan road;

03. Area:

Total land measuring 36.67 (thirty six point six seven) decimals equivalent to 22.21 (twenty two point two one) katha.

04. Title Deed Referred

  • Submitted Original Saf Kabala Deed No. 18790 dated 26.11.1968 in respect of land measuring 36.67 (thirty six point six seven) decimals registered with the Sub-Registry Office of Dhaka, executed by Tota Miah alias Sheikh Aisali, in favour of X.

05. Bia Deed:

  • Submitted certified Saf Kabala Deed No. 169 dated 07.01.1925 registered with the Sub Registry Office of Tejgaon, Dhaka, executed by Sree Sheikh Meher Ali in favour of Sree Tota Miah.

06. Mutation:

  • Certified copy of Mutation Khatian No. 13205 and Zote No. 85/51 along with Duplicate Carbon Receipt bearing Page No. 20 of Book No. 27987 wherefrom it appears that land measuring an area of 33.68 (thirty three point six eight) decimals pertaining to R.S. Plot No. 7169, 7170, 7171, has duly been mutated in the name of the present owner of the land Mr. X vide Mutation-Separation Case No. 22644/08-09 dated 7169, 7170, 7171 as per R.S. record.

07. Khatian:

  • (i) Certified copy of C.S. Khatian No. 422; corresponding Dag No. 3080, 3081, 3082;
  • (ii) Certified copy of S.A. Khatian No. 657; corresponding Dag No. 3080, 3081, 3082 favouring Tota Mia;
  • (iii) Certified copy of R.S. Khatian No. 598; corresponding Dag No. 7169, 7170, 7171 favouring N A Hossain;

08. Ground Rent:

  • Submitted Ground Rent Payment Receipt being No. C 735988 dated 15.11.2009 has been submitted wherefrom it appears that rent has been paid up to 1416 B.S. for an area of 33.68 (thirty three point six eight) decimals pertaining to Dag No. 7169, 7170, 7171, in the name of the present owner of the land, Mr. N.A. Hossain.

09. Chain of Ownership:

Regarding the chain of ownership of scheduled Property: It appears from the deeds & documents that the scheduled land was owned by one Tota Miah who was the S.A. recorded owner. Thereafter, said Tota Miah transferred the scheduled land to X, through Saf Kabala deed No. 18790 dated 30.12.1986 registered in the Sub-Registry Office, Dhaka for the area of land measuring 36.67 (thirty six point six seven) decimals. Thereafter, said X recorded his name in the R.S. record vide R.S. Khatian No. 598. Thereafter, said X mutated his name in the Mutation Khatian No. 13205 and Zote No. 85/51 along with Duplicate Carbon Receipt bearing Page No. 20 of Book No. 27987 wherefrom it appears that land measuring an area of 33.68 (thirty three point six eight) decimals pertaining to R.S. Plot No. 7169, 7170, 7171, has duly been mutated in the name of the present owner of the land Mr. Xvide Mutation-Separation Case No. 22644/08-09 dated 7169, 7170, 7171 as per R.S. record and paying ground rent accordingly.

10. Valuation:

  • Submitted

11. Municipal Holding Tax:

  • Not Submitted

12. Non-encumbrance certificate:

  • Non-encumbrance Certificate along with Government Receipts bearing No. 113433 dated 30.08.2009 has been submitted wherefrom it appears that land measuring an area of 36.67 (thirty six point six seven) decimals has not in any way been encumbered or transferred within the period from 1997 to 30.08.2009.

13. Wanting papers/ documents:

  • Nil

14. Opinion:

In view of the above, we are of the opinion that Mr. Xhas acquired right, title & interest over the scheduled property.

However, the Bank may accept the scheduled property as security of loan by way of mortgage. Furthermore, before creating mortgage over the scheduled property the Bank should verify the spot physically for ascertaining actual and peaceful possession of Mr. Xover the schedule 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 party are true and accurate.

This opinion is rendered only to you as our client and is solely for your benefit. No other person can 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 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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