Legal opinion upon vetting of the property documents standing in the name of Mr. F on account of Company 1.

LJ/BAL/PJ/2010/0163

Monday, November 08, 2010

Head of the Branch

Bank Asia Limited

Donia Branch Dhaka

Sub: Legal opinion upon vetting of the property documents standing in the name of Haji Abdul Khaleq on account of Dia Plastic.

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:

  • Mr. F, son of Late Mr. M & Late Mis. R,  Permanent & present address of 9 no. Bissnu Charan Das Street, Post-Office-Posta, Police Station-Lalbagh, District- Dhaka.

02.  Description of the property:

SCHEDULE

All that piece and parcel of land measuring 2.16 (two point one six) decimals or, 1 (one) katha 5 (five) chattak (local area measurement), situated within District-Dhaka, Police Station-Labagh, Sub-Registry Office-Sadar Dhaka, under Dhaka Collectorate Touzi No. 3563 B-1, Mouza-Sabek Sahar Dhaka, S. A. 4, Hal 8, Lalbagh, Ward No. 7, Sheet No. Sabek-10, S. A. 3, Settlement Jorip Khatian No. 11935, S. A. Khatian No. 411, R. S. Khatian No. 5120, Sabek Dag No. 274, S. A. Dag No. 870, R. S. Dag No. 158, Dhaka City Jorip Khatian No. 642, D. P.  Dag No. 4132, under Dhaka City Corporation Holding No. 9 of Bissnu Charan Das Street, butted and bounded by:

On the North  :

On the South   :

On the East     :

On the West   :

03. Area:

  • Land measuring measuring 2.16 (two point one six) decimals or, 1 (one) katha 5 (five) chattak (local area measurement).

04. Title Deed Referred:

  • Submitted photocopy of certified Saf Kabala Deed No. 11446 dated 08.11.2007, along with photocopy of delivery receipt being no. 562022 without discharged by the vendor, registered with the Sub-Registry Office of Demra, Dhaka, executed by Md. Abul Kalam Azad in favour of Mr. F, in respect of schedule land measuring 3 (three) decimals.

05. Bia Deed:

  • Submitted photocopy of original Saf Kabala Deed No. 1875 dated 14.03.1992, registered with the Sub-Registry Office of Demra, Dhaka, executed by Md. Fazar Ali in favour of Md. Abul Kalam Azad.

06. Mutation:

  • Submitted photocopy of certified Mutation Khatian No. 8278 along with Duplicate Carbon Receipt bearing Page No. 05 of Book No. 37560 & without extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 3 (three) decimals pertaining to R. S. Dag No. 3862 has duly been mutated in the name of the present owner of the land Mr. F vide Mutation-Separation Case No. 4871/09 dated 02.02.2010, as per R. S. operation.

07. Khatian:

  • Not Submitted.

08. Ground Rent:

  • Submitted photocopy of Ground Rent Payment Receipt being No. G 059711 dated 29.09.2010 has been submitted wherefrom it appears that rent has been paid up to 1417 B. S. for an area of  3 (three) decimals pertaining to Dag No. 3862, in the name of the present owner of the land, Mr. F.

09. Chain of Ownership:

The chain of ownership of the Schedule property– : it appears that Khurshid Ali was the owner of the scheduled land along with other land. After the death of said Khurshid Ali to his legal heir’s his daughter Most. Sydun Bibi & he acquired the land by way of inheritance. Afterwards, said Most. Sydun Bibi sold the land measuring 32 decimals through a Saf Kabala Deed No. 827 dated 20.05.2010, registered with the Sub-Registry office of Companygonj, Dhaka.

He acquired the land by way of inheritance. Thereafter, said Nobed Ali sold the land to his sons namely (i) Abdul Hafiz alias Abdul Hafez & (ii) Abdul Hanif through a Saf Kabala Deed No. 282 dated 11.01.1946, registered with the Sadar Sub-Registry Office of Dhaka. Thereafter, said (i) Abdul Hafiz alias Abdul Hafez & (ii) Abdul Hanif sold the land to Niz Ahammad through different Saf Kabala Deed No. 6376 dated 03.08.1953 & Saf Kabala Deed No. 5461 dated 17.10.1947, registered with the Sadar Sub-Registry Office of Dhaka. After that, said Niz Ahammad alias Nez Ahammad recorded his name in the S. A. & R. S. operation. Later on, said Niz Ahammad alias Nez Ahammad sold the land to Md. Fazar Ali through a Saf Kabala Deed No. 6831 dated 24.02.1978, registered with the Sadar Sub-Registry Office of Dhaka. After that, said Md. Fazar Ali sold the land to Md. Abul Kalam Azad through a Saf Kabala Deed No. 1875 dated 14.03.1992, registered with the Sub-Registry Office of Demra, Dhaka. Thereafter, said Md. Abul Kalam Azad sold the land measuring 3 (three) decimals in favour of Mr. F through a Saf Kabala Deed No. 11446 dated 08.11.2007, registered with the Sub-Registry Office of Demra, Dhaka.

Thus the said, Mr.F has become the present owner of the scheduled land & got mutated the land in the govt. revenue record vide Mutation-Separation Case No. 4871/09 dated 02.02.2010 as per R. S. operation.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not required.

12. Non-encumbrance certificate:

  • Not submitted.

13. Wanting papers/ documents:

(i)      Title Deed (Saf Kabala Deed No. 11446 dated 08.11.2007)

(ii)    Bia Deeds (Saf Kabala Deed No. 6831 dated 24.02.1978).

(iii)   Extract copy of mutation recommendation bearing case No. 4871/09 dated 02.02.2010.

(iv)  Copy of certified C. S. Khatian No. 370, S.A. Khatian No 423, R. S. Khatian No. 574, D. P. Khatian No. 1210, corresponding Dag No. C. S. & S. A. 1953 (one thousand nine hundred fifty three), R. S. Dag No. 3862 (three thousand eight hundred sixty two, D. P. Dag No. 16416.(sixteen thousand four hundred sixteen )

(v)    Up to date (2010) Non-encumbrance certificate in respect of the scheduled land.

14. Opinion:

(i)                  In view of the above, we are of opinion that Mr. F 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.

(ii)                However, the Bank may accept the scheduled property as security in the form of legal mortgage against the loan facility subject to collect all original papers/documents thereof and required papers/documents as mentioned above.

(iii)               Moreover the Bank, before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of Mr. F, over the scheduled property and collect all original copies instead of photocopies submitted to us.

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.

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.

Thanking you.

Yours sincerely,

…….…………                                                                                                                                    ……………………….

(Md.____________) (____________)

Advocate                                                                                                                                        Barrister-at-Law

For: “The Lawyers & Jurists”

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