Legal opinion upon vetting of the property documents

Head of the Branch

Dhaka Bank Limited

Banani Branch

73/B Kemal Ataturk Avenue

Banani, Dhaka-1213.

Sub:     Legal opinion upon vetting of the property documents standing in the names of (i) A (ii) B (iii) Mr. C & (iv) Mr. Don account of XProducts.

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 our observation is as follows:

01. Owners of the property:

  • (i) A, wife of Saifur Rahman, daughter of Mamunur Rahman & Nadira Rahman (ii) B, wife of Tanajol Abu Nayeem, daughter of Mamunur Rahman & Nadira Rahman (iii) Mr. C, son of Mamunur Rahman & Nadira Rahman & (iv) D, father’s name Mamunur Rahman & mother’s name Nadira Rahman, all of  permanent & present address at House No. 85, Road No-4, Apartment No.-A/7, Block-B, Niketon, Gulshan-1, P. O. Gulshan, Police Station-Gulshan, District-Dhaka.

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 31.40 (thirty one point four zero) decimals or, 19 (nineteen) katha, situated within District-Dhaka, Police Station-Ashulia, Sub-Registry Office-Savar, J. L. No. C. S. 601, S. A. 601, R. S. 114, Mouza-Shreekhandia, C. S. Khatian No. 23 & 45, S. A. Khatian No. 27 & 54, R. S. Khatian No. 08 & 52, C. S. Dag No. 12 & 13, S. A. Dag No. 12 & 13, R. S. Dag No. 34 & 36; butted & bounded by:

On the North: 20′ width Road, under Project Road No. 09.

On the South: 20′ width Road, under Project Road No. 10.

On the East:   20′ width Road, under Project Road No. 07.

On the West:  20′ width Road, under Project Road No. 09 & 10 under Plot No. 06 & 11.

03. Area:

Land measuring 31.40 (thirty one point four zero) decimals or, 19 (nineteen) katha.

04. Title Deed Referred:

  • Submitted photocopy of certified Saf Kabala Deed No. 15387 dated 31.05.2007 along with photocopy of delivery receipt being no. V 099280 duly discharged by the vendor, registered with the Savar Sub-Registry Office of Dhaka, executed by Hashem Real Estate Ltd, represented by its Managing Director Mehedi Hasan in favour of (i) A(ii) B(iii) C& (iv) D, in respect of the scheduled land measuring 31.40 (thirty one point four zero) decimals or, 19 (nineteen) katha.

05. Bia Deed:

  • Not submitted.

06. Mutation:

  • Submitted photocopy of certified Mutation Khatian No. 465 along with DCR (Duplicate Carbon Receipt) bearing Page No. 17 of Book No. 14416 has been submitted wherefrom it appears that land measuring an area of 31.40 (Thirty one point four zero) decimals pertaining to Plot No. 34 & 36 has duly been mutated in the names of the present owners of the land (i) A(ii) B(iii) C& (iv) D, vide Mutation-Separation Case No. 2086/09 dated 04.02.2009, as per R. S. operation.

07. Khatian:

  • Submitted photocopy of certified C. S. Khatian No. 23, corresponding Dag No. 12, land measuring 1 acre 75 decimals.
  • Submitted photocopy of certified C. S. Khatian No. 45, corresponding Dag No. 13, land measuring 4 acres 26 decimals.
  • Submitted photocopy of certified S. A. Khatian No. 27, corresponding Dag No. 12, land measuring 1 acre 75 decimals.
  • Submitted photocopy of certified S. A. Khatian No. 54, corresponding Dag No. 13, land measuring 4 acres 26 decimals.
  • Submitted photocopy of certified R. S. Khatian No. 8, corresponding Dag No. 34, land measuring 1 acre 75 decimals, recorded in the names of Afazuddin Mollah & others.
  • Submitted photocopy of certified R. S. Khatian No. 13, corresponding Dag No. 36, land measuring 4 acre 26 decimals (not relevant).
  • Submitted photocopy of attested D. P. Khatian No. 251, corresponding Dag No. 655, 656, 657 & 658, land measuring 31.40 decimals, recorded in the names of (i) A(ii) B(iii) C& (iv) D.

08. Ground Rent:

  • Submitted photocopy of Ground Rent Payment Receipt being No. B 697607 dated 10.11.2009 has been submitted wherefrom it appears that rent has been paid up to the year 1416 B.S. for an area of land measuring 31.40 (Thirty one point four zero) decimals, pertaining to R. S. Dag No. 34 & 36, in the names of the present owners (i) A(ii) B (iii) C& (iv) D.

09. Chain of Ownership:

Regarding the chain of ownership of the schedule property: it appears that, Mr. Osman Mollah alias Hossain Ali was the owner of the land measuring 1 acre 75 decimals in the C. S. Khatian No. 23 under Plot No. 12. Thereafter said, Osman Mollah alias Hossain Ali recorded his name in the C. S. operation. Thereafter said, Osman Mollah alias Hossain Ali died leaving behind his successors 2 sons namely i. e. (i) Ibrahim Mollah, & (ii) Raham Ali Mollah, 2 daughters one of namely Samtuban Nessa & Mother of Badsha Miah. Thereafter said, Ibrahim Mollah died leaving behind his successors 1 wife namely i. e.  Rabeya Khatun, 3 sons namely i. e. (i) Jamal Mollah, (ii) Mostaj Uddin Mollah, (iii) Ashu Mollah. On the other hand, Raham Ali Mollah died leaving his successors 2 sons namely i. e. (i) Afaz Uddin Mollah, & (ii) Lehaz Uddin Mollah, 2 daughters namely i. e. (i) Pariman Nessa Bibi, & (ii) Rabjan Nessa. Thereafter said, Jamal Mollah and others recorded their name in the S. A. & R. S. operation. Afterwards said, Momtaj Uddin Mollah acquired the land measuring 32 decimals through a Saf Kabala Deed No. 4057 dated 30.04.1981. Thereafter said, Momtaj Uddin Mollah transferred the land measuring 32 decimals in favour of Mehedi Hasan through a Saf kabala Deed No. 9446 dated 08.09.1986. Subsequently, Jamal Mollah transferred the land measuring 26 decimals in favour of Mehedi Hasan  through a Saf Kabala Deed No. 777 dated 15.01.1991. On the other hand, Ashu Mollah transferred the land measuring 20 decimals in favour of Md. Julhas through a Saf Kabala Deed No. 287 dated 07.08.1992. Thereafter said Afaz Uddin Mollah & Lehaz Uddin Mollah jointly transferred the land measuring 38 decimals to Hashem Real Estate Ltd. through a Saf Kabala Deed No. 16535 dated 13.10.1999. On the other hand, Ashu Mollah transferred the  land measuring 4.75 decimals in favour of Hashem Real Estate Ltd. through a  Saf Kabala Deed No. 20751 dated 17.12.2000. Thereafter said, Pariman Nessa Bibi & Rabjan Nessa Bibi transferred the land measuring 18 decimals   in favour of Hashem Real Estate Ltd. through a Saf Kabala Deed No. 20074 dated 22.11.1999. Afterwards said, (i) Ajufa Khatun, (ii) Shamsun Nahar, & (iii) Rehana Akter acquired the land measuring 20 decimals through Heba-Bil-Awaz Deed No. 12540 dated 05.08.1999. Thereafter said, (i) Ajufa Khatun, (ii) Shamsun Nahar, & (iii) Rehana Akter and  (iv) Samtuban Nessa Bibi transferred the land measuring 29 decimals in favour of Hashem Real Estate Ltd. through a Saf Kabala Deed No. 9688 dated 27.06.2000. Afterwards said, Lehaz Uddin Mollah transferred the land measuring 7.25 decimals in favour of Hashem Real Estate Ltd. through a Saf Kabala Deed No. 9724 dated 27.06.2000. Thereafter said, Mehedi Hasan & Mr. Julhas jointly transferred the land measuring 78 decimals in favour of Hashem Real Estate Ltd. through a Power of Attorney Deed No. 18824 dated 15.11.2000. On the other hand, Meher Ali Bepari & Jamal Uddin Bepari was the owner of the land measuring 4 acres 26 decimals in the C. S. Khatian No. 45 under Plot No. 13. Thereafter said, Jamal Uddin Bepari died leaving his successors 3 sons namely i. e. (i) Askar Ali Bepari (ii) Akkel Ali & (iii) Gandab Ali. On the other hand, Meher Ali died leaving behind his successors 1 son namely Kalimuddin Munshi. Thereafter said, Kalimuddin Munshi died leaving behind his successors 3 sons namely i. e. (i) Abul Barik (ii) Abdul Haque (iii) Abdul Razzak. Afterwards said,  Askar Ali Bepari, Akkel Ali, Gandab Ali, Abul Barik, Abdul Haque, Abdul Razzak recorded their names in the S. A. & R. S. operation. Thereafter said, Askar Ali Bepari transferred the land measuring 1.42 decimals in favour of Abdul Kasem, Abdul Karim, Abdul Hamed, Abdul Hobi alias Habibur Rahman   through a Heba-Bil-Awaz Deed No. 3849 dated 16.04.1960. On the other hand, Akkel Ali transferred the land measuring 1.42 decimals in favour of Abdul Karim & Abdul Hobi alias Habibur Rahman  through a Heba-Bil-Awaz  Deed No. 8472 dated 12.08.1986. Subsequently, Gandhab Ali Bepari transferred the land measuring (45+45)=90 decimals in favour of Md. Julhas & Md. Mehedi Hasan  through diferrent Saf Kabala Deed No. 8250 & 8251 both dated 06.04.1985. On the other hand, Abdul Hobi alias Habibur Rahman  transferred the land measuring (9.50+43)=52.50 decimals in favour of Idris Ali & Md. Julhas through different  Saf Kabala Deed No. 7659 & 10309 dated 05.10.1985 & 30.09.1986. Thereafter said, Abdul Karim transferred the land measuring (35.50+43)=78.50 decimals to Hashem Poultry and Dairy Firm & M. A. Hashem through different Saf Kabala Deed No. 418 & 9175 dated 15.01.1986 & 25.07.1987. On the other hand, Abul Hashem Bepari & Rabeya Khatun transferred the land measuring 33.25 decimals in favour of Hashem Poultry and Dairy Firm through a Saf Kabala Deed No. 5110 dated 05.10.1985. Afterwards said, Abdul Hamid Bepari  transferred the land measuring 35.50 decimals in favour of Azmal Hossain through a Saf Kabala Deed No. 1645 dated 09.02.86. Thereafter said, Golam Mawla and others transferred the land measuring (52+52)=104 decimals in favour of Mehedi Hasan through different Saf Kabala Deed No. 28369, 28370, 28371 dated 04.12.1979, respectively. Afterwards said, Abul Hashem Bepari transferred the land measuring 11.75 decimals in favour of Md. Julhas through a Saf Kabala Deed No. 10352 dated 17.08.1987. Thereafter said, Abul Hashem Bepari transferred the land measuring 30 decimals in favour of (i) Abdul Haque, (ii) Begum Fatema Rahman, & (iii) Shafiur Rahman through different Saf Kabala Deed No. 2445, 2446, 2447 dated 17.09.1981. Thereafter said, Abdul Haque, Begum Fatema Rahman, & Shafiur Rahman transferred the land measuring 30 decimals in favour of Hashem Real Estate Ltd. through a Saf Kabala Deed No. 9212 & 16106 dated 16.06.1999 & 06.10.1999. Thereafter said, Md. Mahamud Hossain Chowdhury transferred the land in favour of Hashem Real Estate Ltd. through a Saf Kabala Deed No. 24684 dated 05.11.2006. Thereafter said, Md. Mehedi Hasan, Md. Azmal Hossain, Md. Julhas appointed their constituted attorney in favour of Hashem Real Estate Ltd. through a Power of Attorney Deed No. 18824 dated 15.11.2000. Afterwards said,  Hashem Real Estate Ltd. represented by its Managing Director Mehedi Hasan transferred the schedule land measuring 31.40 (Thirty one point four zero) decimals in favour of (i) A(ii) B(iii) C& (iv) Dthrough a Saf Kabala Deed No. 15387 dated 31.05.2007. Thus the said, (i) A(ii) B(iii) C& (iv) Dhave become the present owners of the scheduled land & got mutated the land in the govt. revenue record vide mutation case no. 2086/09 dated 04.02.2009 & paying ground rent thereof.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not submitted.

12. Non-encumbrance certificate:

  • Submitted original copy of Non-encumbrance Certificate along with Government Receipts bearing No.146675 dated 16.11.2009 has been submitted wherefrom it appears that land measuring an area of 31.40 (thirty one point four zero) decimals has not in any way been encumbered or transferred within the period from 1997 to 19.10.2009.

13. Wanting Papers:

  • Bia Deeds (Saf Kabala Deed No. 4057 dated 30.04.198, Saf kabala Deed No. 9446 dated 08.09.1986, Saf Kabala Deed No. 777 dated 15.01.1991, Saf Kabala Deed No. 287 dated 07.08.1992, Saf Kabala Deed No. 16535 dated 13.10.1999, Saf Kabala Deed No. 20751 dated 17.12.2000. Saf Kabala Deed No. 20074 dated 22.11.1999, Heba-Bil-Awaz Deed No. 12540 dated 05.08.1999, Saf Kabala Deed No. 9688 dated 27.06.2000, Saf Kabala Deed No. 9724 dated 27.06.2000, Power of Attorney Deed No. 18824 dated 15.11.2000, Heba-Bil-Awaz Deed No. 3849 dated 16.04.1960, Heba-Bil-Awaz Deed No. 8472 dated 12.08.1986, Saf Kabala Deed No. 8250 & 8251 both dated 06.04.1985,  Saf Kabala Deed No. 7659 & 10309 dated 05.10.1985 & 30.09.1986, Saf Kabala Deed No. 418 & 9175 dated 15.01.1986 & 25.07.1987, Saf Kabala Deed No. 1645 dated 09.02.86, Saf Kabala Deed No. 28369, 28370, 28371 both dated 04.12.1979, Saf Kabala Deed No. 10352 dated 17.08.1987, Saf Kabala Deed No. 2445, 2446, 2447 dated 17.09.1981, Saf Kabala Deed No. 9212 & 16106 dated 16.06.1999 & 06.10.1999, Saf Kabala Deed No. 24684dated 05.11.2006, Power of Attorney Deed No. 18824 dated 15.11.2000).
  • Extract copy of mutation recommendation vide mutation case no. 2086/09 dated 04.02.2009.
  • Certified copy of R. S. Khatian No. 8 & 52, corresponding Dag No. 34 & 36.

14. Opinion:

  • In view of the above, we are of opinion that (i) A(ii) B(iii) C& (iv) Dhave acquired prima facie title & ownership over the scheduled property in question by way of purchase. As such the said owners are required to produce the wanting papers mentioned in Column No. 13 above in support of their right, title & ownership over the scheduled land.

It is pertinent to mention that total area of land as per Title Deed is 31.40 (thirty one point four zero) decimals under the Khatian No. 8 land measuring 4.13 & Khatian No. 52 land measuring 27.27 decimals, but the landowners have got mutated 31.40 decimals under the R.S. Khatian No. 8 land measuring 4.13 & R.S. Khatian No. 13 land measuring 27.27 decimals The Bank must seek clarification/explanation from the client of such wrong.

However, the Bank can only accept the scheduled property as security in the form of legal mortgage against the loan facility subject to obtain the wanting papers/documents as mentioned in above and collect all original papers/documents thereof. Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of (i) A(ii) B(iii) C& (iv) Dover the scheduled property and collect all original copies instead of photocopies submitted to us.

It will not be out of place to mention that this opinion has been furnished on the basis of photocopies of papers/documents referred to us as such you are advised to obtain all originals thereof.

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

M.L.Hotel Tower Ltd,

208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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