Legal opinion upon vetting of the property documents

Head of the Branch

Dhaka Bank Limited

Madhabdi Bazar Branch

8, Bank Road, Madhabdi

Narshingdi- 1604.

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

Dear Sir,

Please refer to your letter vide memo no. DBL/MDB/LO/2009/1851 dated November 15, 2009, 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:

(A)       Property measuring 17 (Seventeen) decimals standing in the name of Mr. X, Mouza- Berampur, Police Station, Sub-Registry Office & District- Narshingdi.

01. Owner of the property:

X, son of Md. Jomir Ali Box of Kandapara, Pulice Station & District- Narsingdi.

02.  Description of the property:

SCHEDULE- A

(As per Saf Kabala Deed No. 3850 dated 05.05.1990)

All that piece and parcel of land measuring 17 (Seventeen) decimals situated within District- Narshingdi, Police Station & Sub-Registry Office- Narshingdi, J. L. No. C. S. No. 222 (two hundred twenty two), S. A. No. 130 (one hundred thirty), R. S. No. 113 (one hundred thirteen) Mouza- Berampur, C. S. Khatian No. 49 (forty nine),   S. A. Khatian No. 56 (fifty six), R. S. Khatian No. 119 (one hundred nineteen), C. S. & S. A. Dag No. 172 (one hundred seventy two), R. S. Dag No. 257 (Two hundred fiftyseven), butted and bounded by [Required]:

On the North     :

On the South     :

On the East       :

On the West     :

03. Area:

Land measuring 17 (Seventeen) decimals.

04. Title Deed Referred

  • Submitted Original copy of Saf Kabala Deed No.1350 dated 05.05.1990 registered within the Sub-Registry Office of Narshingdi, executed by Abdul Jalil Muncy in favour of X, in respect of scheduled land measuring 17 (Seventeen) decimals.

05. Bia Deed:

  • Submitted original copy of Saf Kabala Deed No. 2003 dated 14.02.1967, registered with the Sub-Registry Office of Narshingdi, executed by (i) Md. Khorshed Rahaman,  (ii) Md.Pannawulla and (iii) Khyzmoth Ali  in favour of Abdul Jalil Munshi,in respect of scheduled land measuring 27 (Twenty seven) decimals.

06. Mutation:

  • Certified copy of Mutation Khatian No. 119/1, Jot No. 579, along with DCR (Duplicate Carbon Receipt) bearing Page No.15 of Book No. 13353 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 17 (Seventeen) decimals pertaining to R. S. Dag No. 257, has duly been mutated in the name of the present owner X, of the land,vide Mutation-Separation Case No. 666/97-98 dated 21.10.1997, as per R. S. operation.

07. Khatian:

  • Submitted certified copy of C. S Khatian No. 49, corresponding Dag No. 172, recorded in the name of Ram Chondro Das, in respect of schedule land measuring 27 (Twenty seven) decimals.
  • Submitted certified copy of S.A. Khatian No. 56, corresponding Dag No. 172 , recorded in the name of Ram Chondro Das, in respect of schedule land measuring 27 (Twenty seven) decimals.
  • Submitted attached copy of R.S. Khatian No.119  corresponding Dag No.257, recorded in the name of  Abdul Jalil, in respect of schedule land measuring 27 (Twenty seven) decimals.

08. Ground Rent:

  • Ground Rent Payment Receipt being No Z 485174 dated 29.09.2009 has been submitted wherefrom it appears that rent has been paid up to 1417 B.S. for an area of 17 (Seventeen) decimals pertaining to R.S. Dag No. 257 in the name of the present owner of the land, Mr.X.

09. Chain of Ownership:

  • Regarding the chain of ownership of schedule Property: it appears that the scheduled land was the owned by (i) Md. Khorshed Rahaman, (ii) Md. Pannaulla and (iii) Khizmoth Ali who were the C.S. recorded owner. Thereafter, said (i) Md. Khorshed Rahaman, (ii) Md. Pannaulla and (iii) Khizmoth Ali executed a Saf kabala Deed No.2003 dated 14.02.1967 in favour of Abdul Jalil Munshi also recorded his name in R. S. operation. Thereafter, said Abdul Jalil Munshi transferred his some portion land to Md. Habibur Rahman through Saf kabala Deed No. 3850 dated 05.05.1990. Thereafter, said Md. Habibur Rahman recorded his name in the mutation Khatian No. 119/1, Jot No. 579, along with DCR (Duplicate Carbon Receipt) bearing Page No.15 of Book No. 13353 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 17 (Seventeen) decimals pertaining to R. S. Dag No. 257, has duly been mutated in the name of the present owner X, of the land,vide Mutation-Separation Case No. 666/97-98 dated 21.10.1997, as per R. S. operation.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not submitted.

12. Mouza Map:

  • Not submitted.

13. Non-encumbrance certificate:

  • Not submitted.

14. Wanting papers/ documents:

  • Certified copy of R.S. Khatian No.119  corresponding Dag No. 257, recorded in the name of  Abdul Jalil, in respect of schedule land measuring 27 (Twenty seven) decimals.
  • Up to date Non-encumbrance certificate in respect of the scheduled property.

15. Opinion:

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

However, the Bank 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. 14 above.

Moreover the Bank before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of Mr. X over the scheduled 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 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.

(B)      Property measuring 50 (fifty) decimals standing in the name of Mr. X, Mouza-Nowpara, Police Station, Sub-Registry Office & District- Narshingdi.

01. Owner of the property:

  • X, son of Md. Jomir Ali Box of Berampur, Police Station & District- Narshingdi.

02.  Description of the property:

SCHEDULE- B

(As per Saf Kabala Deed No. 13581 dated 27.12.1994)

All that piece and parcel of land measuring 50 (fifty) decimals situated within District- Narshingdi, Police Station & Sub-Registry Office- Narsingdi, J. L. No. C. S. No. 225 (two hundred twenty five), S. A. No.128 (one hundred twenty eight), R. S. No. 111 (one hundred eleven)  Mouza- Nowpara, C. S. Khatian No. 900 (nine hundred), S. A. Khatian No. 821 (eight hundred twenty one), R. S. Khatian No. 140 (one hundred forty), C.S. & S.A. Dag No. 796 (seven hundred ninety six), R. S. Dag No. 1063 (one thousand sixty three), butted and bounded by [Required]:

On the North     :

On the South     :

On the East       :

On the West     :

03. Area:

Total Land measuring 50 (Fifty) decimals.

04. Title Deed Referred

  • Submitted Original copy of saf Kabala Deed No.13581 dated 27.12.1994 registered within the Sub-Registry Office of Narshingdi, executed by Md.Mustak Ahmed in favour of X, in respect of scheduled land measuring 50 (fifty) decimals.

05. Bia Deed:

  • Submitted photocopy of original  Saf Kabala Deed No. 9376 dated 05.09.1983, registered with the Sub-Registry Office of Narshingdi, executed by Mosammat Aymonbibi,  in favour of Md. Mustaq Ahmed,in respect of scheduled land measuring 27 (Twenty seven) decimals.
  • Submitted  photocopy of certified saf Kabala Deed No. 12185 dated 13.11.1983, registered with the Sub-Registry Office of Narshingdi, executed by (i) Md. Mzam Ali & (ii) Md. Azam in favour of Md. Mustaq Ahmed,in respect of scheduled land measuring 27 (Twenty seven) decimals.
  • Submitted photocopy of certified saf Kabala Deed No. 7702 dated 27.07.1976, registered with the Sub-Registry Office of Narshingdi, executed by Md. Afaz Uddin, in favour of (i) Md. Mzom Ali & (ii) Md. Azom Ali,in respect of scheduled land measuring 5 (Five)  decimals.

06. Mutation:

  • Certified copy of Mutation Khatian No. 140/1, Jot No. 1054, along with DCR (Duplicate Carbon Receipt) bearing Page No.16 of Book No. 13354 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 159.50 (one hundred fifty nine point five zero) decimals pertaining to R. S. Dag No. 1063 with other Dags, has duly been mutated in the name of the present owner X, of the land,vide Mutation-Separation Case No. 853/97-98 dated 17.11.1997, as per R. S. operation.

07. Khatian:

  • Submitted certified copy of C. S Khatian No. 900, corresponding Dag No. 796, recorded in the name of Ummy Sathy, in respect of schedule land measuring 54 (Fifty four) decimals.
  • Submitted certified copy of S.A. Khatian No. 821, corresponding Dag No. 796 , recorded in the name of Aymonbibi, in respect of schedule land measuring 54 (Fifty four) decimals.
  • Submitted attached copy of R.S. Khatian No.140  corresponding Dag No.1063, recorded in the name of Aymonbibi, in respect of schedule land measuring 52 (Fifty two) decimals.

08. Ground Rent:

  • Ground Rent Payment Receipt being No Z 485245 dated 29.09.2009 has been submitted wherefrom it appears that rent has been paid up to 1416 B.S. for an area of 50 (Fifty) decimals pertaining to R.S. Dag No. 1063 in the name of the present owner of the land, Mr. X.

09. Chain of Ownership:

  • Regarding the chain of ownership of schedule Property: it appears that the scheduled land was the owned by Md. Afaz Uddin who was the C. S. recorded owner. Thereafter, said Md. Afaz Uddin transferred the schedule land to Md. Mzom Ali & Md. Azom Ali through Saf kabala Deed No. 7702 dated 27.07.1976. Thereafter, said Md. Mzom Ali & Md. Azom Ali also executed a Saf kabala Deed No. 12185 dated 13.11.1983 in favour of Md. Mostaq Ahmed. Thereafter, said Mosammat Aymonbibi transferred some portion of land to Md. Mostaq Ahmed by way of Saf kabala Deed No. 9376 dated 05.09.1983. Thereafter, said Md. Mostaq Ahmed executed a Saf kabala Deed No. 13581 dated 27.12.1994 in favour of Md. Habibur Rahman. Thereafter, said Md. Habibur Rahman recorded his name in the Mutation Khatian No. 140/1, Jot No. 1054, along with DCR (Duplicate Carbon Receipt) bearing Page No.16 of Book No. 13354 and extract copy of mutation recommendation has been submitted wherefrom it appears that land measuring an area of 159.50 (one hundred fifty nine point five zero) decimals pertaining to R. S. Dag No. 1063 with others Dags, has duly been mutated in the name of the present owner X, of the land,vide Mutation-Separation Case No. 853/97-98 dated 17.11.1997, as per R. S. operation.

10. Valuation:

  • Not submitted.

11. Holding Tax:

  • Not submitted.

12. Mouza Map:

  • Not submitted.

13. Non-encumbrance certificate:

  • Not submitted.

14. Wanting papers/ documents:

  • Certified copy of R.S. Khatian No.140  corresponding Dag No.1063, recorded in the name of Aymonbibi, in respect of schedule land measuring 52 (Fifty two) decimals.
  • Up to date Non-encumbrance certificate in respect of the scheduled property.
  • 15. Opinion:

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

However, the Bank 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. 14 above.

Moreover the Bank before creating mortgage upon the scheduled property should verify the spot physically for ascertaining the actual and peaceful possession of Mr. X over the scheduled 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 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 original, certified & photocopies of papers/documents are returned herewith.

Thanking you,

Yours faithfully,

………………………………….

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