Legal opinion upon vetting of the property documents

Revised On: …………….

Head of the Branch

United Commercial Bank Limited

Paglabazar Branch

D. N. Road, Pagla

Narayangonj.

Sub:     Legal opinion upon vetting of the property documents standing in the name of Mr. X on account of M/s. Capital Builders.

Dear Sir,

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:

Mr. X, son of Late Hazi Awlad Hossain Mollah of Village-Nanda Lalpur, Police Station-Fatullah, District-Narayangonj.

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 10 (ten) decimals situated within District-Narayangonj, Police Station & Sub-Registry Office- Fatullah, Mouza-Pilkuni, J. L. No. C. S. 152, S. A. 10, R. S. 05, C. S. Khatian No. 38, C. S. Dag No. 395, S. A. Khatian No. _____, S. A. Dag No. 395, R. S. Khatian No. 8, R. S. Dag No. 485; butted and bounded by:

On the North     :  Public Road.

On the South     :  Public Road.

On the East       :  Public Road.

On the West     :  Land of Mr. Sahabuddin.

03. Area:

Land measuring 10 (ten) decimals.

 

04. Title Deed Referred:

  • Photocopy of certified Amicable Partition Deed No. 5233 dated 20.08.1997 without delivery receipt, registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between (i) Haji Abu Naser Wahid (ii) Md. Tofazzal Hossain (iii) X(iv) Md. Salauddin (v) Md. Nazrul Islam and (vi) Md. Shakhawat Hossain, in respect of schedule land measuring 10 (ten) decimals.

05. Bia Deed:

  • Submitted photocopy of Heba Bil Ewas Deed No. 4360 dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between (i) Haji Awlad Hossain Mollah, (ii) Most. Anwara Khatun in favour of Md. Nazrul Islam.
  • Submitted photocopy of Heba Bil Ewas Deed No. 4355 dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between Haji Awlad Hossain Mollah, in favour of Md. Abu Naser Wahid.
  • Submitted photocopy of Heba Bil Ewas Deed No. 4357 dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between Haji Awlad Hossain Mollah, in favour of Md. Tofazzal Hossain.
  • Submitted photocopy of Heba Bil Ewas Deed No. 4358 dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between Haji Awlad Hossain Mollah, in favour of Md. Akhter Hossain.
  • Submitted photocopy of Saf Kabala Deed No. 4364 dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between Haji Awlad Hossain Mollah in favour of Md. Salauddin.
  • Submitted photocopy of Heba Bil Ewas Deed dated 23.08.1992 registered with the Sub-Registry Office of Fatullah, Narayangonj, executed between Haji Awlad Hossain Mollah in favour of Md. Shakhawat Hossain.

06. Mutation:

  • Photocopy of uncertified Mutation Khatian No. 1251 along with Duplicate Carbon Receipt (DCR) bearing Page No. 19 of Book No.  4497, has been submitted wherefrom it appears that land measuring an area of 10 (ten) decimals pertaining to R. S. Dag No. 485, has duly been mutated in the name of present owner X, vide Mutation-Separation Case No- 2535/2000-2001 dated 26.11.2000, as per R. S. operation.

07. Khatian:

  • Submitted photocopy of certified C. S. Khatian No. 38, corresponding Dag No. 395, recorded in the name of Mulam Miah, in respect of land measuring 91 decimals.

 

  • Submitted photocopy of certified S. A. Khatian No…….., corresponding Dag No. 395, recorded in the name of Mr. Mofiz Miah, in respect of land measuring 91 decimals.

 

  • Submitted photocopy of certified R. S. Khatian No. 8, corresponding Dag No. 485, recorded in the names of Mr. Awlad Hossain, Piar Ali & Nazrul Islam, in respect of land measuring 52 decimals.

 

08. Ground Rent:

 

  • Submitted photocopy of Ground Rent Payment Receipt on 14.01.2001 has been submitted wherefrom it appears that rent has been paid up to the year 1397 B. S. for an area of  10 (ten)  decimals pertaining to R. S. Dag No. 485 in the name of present owner of land X.

09. Chain of Ownership:

 

  • Regarding the chain of ownership of the scheduled property: it appears that Mr. Mulam Miah was the C. S. recorded owner of the scheduled land along with other land measuring 91 decimals. Later on said Mulam Miah died leaving behind his successor namely Mofiz Miah alias Mofiz Uddin Mollah subsequently he recorded his name in the S. A. operation. Thereafter the death of said Mofiz Miah alias Mofiz Uddin Mollah his proportionate property was divided according to Muslim Law of inheritance among his legal heir’s i. e. two sons & only grand son namely Mr. Awlad Hossain, Piar Ali & Nazrul Islam. Subsequently the names of said Mr. Awlad Hossain, Piar Ali & Nazrul Islam, son of Mr. Awlad Hossain were duly recorded in the R. S. operation. After the death of said Mr. Awlad Hossain his legal heir’s six sons namely (i) Haji Abu Naser Wahid (ii) Md. Tofazzal Hossain (iii) X(iv) Md. Salauddin (v) Md. Nazrul Islam and (vi) Md. Shakhawat Hossain acquired the land by way of inheritance.
  • On the other hand, (i) Haji Abu Naser Wahid (ii) Md. Tofazzal Hossain (iii) X(iv) Md. Salauddin (v) Md. Nazrul Islam and (vi) Md. Shakhawat Hossain acquired the some portion of scheduled land through different Heba Bil Ewas Deed No. 4360 dated 23.08.1992, Heba Bil Ewas Deed No. 4355 dated 23.08.1992, Heba Bil Ewas Deed No. 4357 dated 23.08.1992, Heba Bil Ewas Deed No. 4358 dated 23.08.1992, Saf Kabala Deed No. 4364 dated 23.08.1992. Thereafter the said (i) Haji Abu Naser Wahid (ii) Md. Tofazzal Hossain (iii) X(iv) Md. Salauddin (v) Md. Nazrul Islam and (v) Md. Shakhawat Hossain entered into an Amicable Partition Deed among them vide No. 5233 dated 20.08.1997, registered with the Sub-Registry Office of Fatullah, Narayangonj and the said Xowned the land measuring 53.50 decimals and accordingly the said Xgot mutated the land measuring 10 decimals out of 53.50 decimals, under R. S. Dag No. 485 vide Mutation-Separation Case No- 2535/2000-2001 dated 26.11.2000 and paying ground rent thereof.

10. Valuation:

  • Not submitted.

 

 

11. Holding Tax:

  • Not submitted.

 

12. Non-encumbrance certificate:

  • Not submitted.

13. Wanting Papers:

  • Certified copy of S. A. Khatian corresponding Dag No. 395.
  • Printed copy of relevant D. P. Parcha (if any).
  • Up-to-date (1416) ground rent payment receipt in respect of land measuring 10 decimals in the name of X.
  • Up to date Non-encumbrance certificate of the scheduled land.

 

14. Opinion:

 

In view of the above, we are of opinion that Mr. Xhas acquired prima facie title & ownership over the scheduled property by way of partition deed. As such the said owner is required to produce the wanting papers mentioned in Column No. 13 above in support of his right, title & ownership over the scheduled property.

It is pertinent to mention that in the instant case the said landowner has submitted photocopies of certified copy of partition deed instead of original therefor. Usually in the cases of partition deed/exchange deed is executed in many copies as the number of parties are therein. But we did not find any such statement in the certified copies of partition deed as to how many copies had been executed thereto. Hence to avoid any future complexity in this regard the landowner in association with other co-owners should immediately procure the original Partition Deed being No. 5233 dated 20.08.1997 from the concerned sub- registry office so that Mr. Xcan produce at least photocopies (attested) of the said original deed.

In light of the above, the Bank submitted a letter issued from Janata Bank, Razarbag Corporate Branch, the original Deed of Amicable Partition being No. 5233 dated 20.08.1997 was held by Hazi Abu Naser Wahid (custodian) which is now lying with Janata Bank, Razarbag Corporate Branch as a security for repayment of loan availed by Hazi Abu Naser Wahid (custodian) being the proprietor of M/s. Mollah Brick Manufacturer. Therefore, we advice that the Bank must ask the Borrower to obtain the certified copy of Deed of Amicable Partition being No. 5233 dated 20.08.1997 from concerned sub-registry office and intimate to Bank’s end. In addition to that, an undertaking has to be given by Hazi Abu Naser Wahid (custodian) adjusts the loan of Janata Bank, Razarbag Corporate Branch, he has to surrender the original Deed of Amicable Partition to the Bank (UCBL).

 

However, the Bank can only accept the scheduled land as security of loan by way of mortgage subject to procuring the corroborating papers and documents as mentioned in column no. 13 above and to obtain all original whereof photocopies are initially referred to us.

Furthermore, the Bank before creation of mortgage on the scheduled land should verify the spot physically for ascertaining actual and undisputed possession of Mr. Xover the scheduled property.

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.

Should you have further queries in this regard please do not hesitate to contact the undersigned. The file with all photocopies of papers/documents is returned herewith.

Thanking you,

Yours faithfully,

For: The Lawyers & Jurists

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