Head of the Branch
DHAKA BANK LIMITED
24, Gulshan Avenue
Gulshan – I
Dhaka – 1212
Sub: Legal opinion upon vetting of the property documents on account of X.
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:
- X, son of Alhaj Abdul Ahad Chowdhury, of House No. 02, Road No. 10, Sector No. 01, Uttara Model Town, Dhaka.
02. Description of the property:
All that piece and parcel of proportionate land measuring 6.40 (six point four zero) situated in the District: Narayangonj, Police Station & Sub Registry Office- Fatulla, J. L. No. S.A -45, R. S.-34, Mouza- Masdair, C,S. Khatian No. 40, S.A Khatian No. – 85, R.S. Khatian No – 97, C.S & S.A. Dag No: -457, R.S. Dag No. -888, butted and bounded by:
On the North : Road & Fakir Abdur Rab.
On the South : Abdur Rahim Talukdar.
On the East : Sekander Ali.
On the West : Govt. Road.
Total land measuring 7.89 (seven point eight nine) decimals.
04. Title Deed Referred
- Submitted certified Heba Bil Ewaz Deed No. 7756 dated 14/07/2009, in respect of land measuring 7.89 (seven point eight nine) decimals registered with the Sub Registry Office of Fatullah, Narayangonj, executed by Md. Selim Reza in favour of Md. Azizur Rahman..
05. Bia Deed:
- Submitted original Saf Kabala Deed No. 2418 dated 23.05.1999 registered with the Sub Registry Office of Fatullah, Narayangonj, executed by Abdur Rahim Talukdar in favour of Md.Selim Reza.
- Submitted Photocopy of Saf Kabala Deed No. 2712 dated 07.06.1976 registered within the Sub Registry Office, Narayangonj, executed by Ali Hossen, in favour of Abdur Rahim Talukdar.
- Submitted Photocopy of Saf Kabala Deed No. 2736 dated 09.06.1976 registered within the Sub Registry Office, Narayangonj, executed by Ali Hossen, in favour of Abdur Rahim Talukdar.
- Not Submitted.
- Submitted certified copy of C.S. Khatian No. 41 corresponding Dag No. 457.
- Submitted certified copy of S.A Khatian No. 85 corresponding Dag No. 457.
- Submitted certified copy of R.S. Khatian No. 97 corresponding Dag No. 888.
08. Ground Rent:
- Not Submitted
09. Chain of Ownership:
Regarding the chain of ownership of scheduled Property: It appears from the deeds & documents, that one Mohor Ali purchased the scheduled land through the deferent Saf Kabala Deed on 30.10.1944, 29/12/1944, 21/02/1949, 22/04/1954 from different persons and recorded his name in the R.S. operation. Thereafter said Mohor Ali sold the property to Munsi Kofil Uddin through Saf Kabala deed No. 4514 dated 11/12/1964 registered within the Sub Registry Office, Narayangonj. Thereafter, said Munsi Kofil Uddin sold the schedule property to Ali Hossen through Saf Kabala deed No. 6275 dated 20/06/1968 registered within the Sub Registry Office, Narayangonj and said Ali Hossen recorded his name in the R.S operation. Thereafter, said Ali Hossen sold the property to Abdur Rahim Talukder through Saf Kabal deed No.2712 dated 07/06/1976 & 2736 dated 09/06/1976 registered within the Sub Registry Office, Narayangonj. Thereafter, said Abdur Rahim Talukder sold the land to Md. Selim Reza through Saf Kaba deed No. 2414 dated 23/05/1999 registered within the Sub Registry Office, Fatulla, Narayangonj and he muted his name in the Mutation Khatian Case no.6606/98-99 dated 30/06/1999. Thereafter, said Md. Selim Reza sold the property to Md. Azizur Rahman through the Saf Kabala Deed No. 7756 dated 14.07.2009 registered within the Sub Registry Office, Fatulla, Narayangonj.
- Not Submitted
11. Holding Tax:
- Not Submitted
12. Non-encumbrance certificate:
- Not Submitted
13. Wanting papers/ documents:
- Certified copy of Mutation Khatian as per R. S. operation along with D.C.R. in the name of Md. Azizur Rahman from concerned Assistant Commissioner of land in respect of scheduled property in R.S. Dag.
- Up-to-date ground rent payment receipt in respect of the scheduled property.
- Up-to-date Municipal holding tax payment receipt in respect of the scheduled property (if any).
- Up to date Non-encumbrance certificate in respect of the scheduled land.
In view of the above, we are of opinion that Md. Azizur Rahman has acquired prima facie title &ownership over the scheduled property. 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 land.
However, the Dhaka Bank Limited 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.
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.
For: The Lawyers & Jurists
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