Vetting of property documents

Our Ref: LJ/PJ/02/2006

Dated: February 18, 2006

Mr. A

Vice President & Manager

Bank 1

Uttara Branch

House No. 14, Road – 14/B

Sector – 4, Uttara Model Town

Dhaka – 1230

Dear Sir,

RE: VETTING OF PROPERTY DOCUMENTS/PAPERS A/C. COMPANY 1TED

We refer to your letter dated 01.02.2006 on the above subject.

We have perused the documents/papers (all photocopies) that you have referred to us and our opinion is as follows:

1. Owner of the property : Mr, B son of late Mr, X of Satmasjid Road, Dhanmondi Residential Area, Dhaka.
2. Description of the property : All that piece and parcel of land measuring 50.03 acre out of 02 bigha situated within District Dhaka, P.S. Dhanmondi, Sub-registry Mohammadpur, Touzai No. 8, Dhaka Collectorate, J.L. No. S.A. 81, R.S. 7, Mouza Sarai Zafrabad, S.A. Khatian No. 262, R.S. Khatian No. 244, Jot No. 536/4, S.A. Dag No. 21, 22, 23, R.S. Dag No. 416, 417 butted and bounded by:On the North : Kazi Belal and others.On the South  : Physical College.

On the East   : 100 feet Wide Govt. Road.

On the West  : Mr. Serajul Islam.
3. Area : 1.07 acre.
4. Title Deed Referred : Certified copy of Deed of Sale No. 10060 dated 03.12.1953 executed by Amina Khatun for herself and on behalf of minor Nizam Khan, Kiamuddin Khan, Niamat Khan in favour of Malu Miah.Original Deed of Sale No. 10060 dated 03.12.1953 should be obtained.
5. Bia Deed : a.  Certified copy of Deed of Hiba No. 1771 dated 15.07.1938 executed by Tota Miah in favour of Malu Miah.b.      Certified copy of Deed of Hiba No. 1772 dated 15.07.1938 executed by Mohabbat Khan in favour of Malu Miah.c.Certified copy of Deed of Sale No. 2216 dated 16.09.1932 executed by Marium Bibi in favour of Malu Miah.

d. Certified copy of Deed of Sale No. 1852 dated 21.03.1919 executed by Malin Khan in favour of Sheikh Malu Miah.

e.Deed of Sale No. 9299 dated 21.12.1955 executed by Amina Khatun for herself and on behalf of minor Nizam Khan, Kiamuddin Khan, in favour of Delal Bibi.
6. Mutation : Mutation Parcha No. 262 certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that land measuring 1.07 acres under Dag No. 21, 22 and 23 have been mutated in the name of Rafiqul Islam and another vide Mutation and Separation Case No. 10408/90-91 dated 19.03.1991.
7. Khatian : S.A. Khatian No. 262, R.S. Khatian No. 244 have been submitted. But we have not been provided with any C.S. Khatian or Mahanagar Jarip Khatian.Bank must obtain relevant C.S. Khatian and Mahanagar Jarip Khatian.
8. Chain of Ownership : Upon perusal of C.S. Khatian No.40, it appears that land measuring 87 decimal under Dag No. 302 along with other lands in several Dags were recorded in the name of Karim Baksh.Karim Baksh and Sheikh Monuruddin sold the said land to Paia Gazi vide Deed of Sale No. 2299 dated 29.02.1928. After the death of Paia Gazi his son Peskar Ali became owner of the land by way of succession. In the S.A. operation the land measuring 82 decimal under Dag No. 302 was recorded in the name of Peskar Ali. And in the R.S. operation land measuring 82 decimal under Dag No. 547 was also recorded in his name.

Thereafter, Peskar Ali sold:

  • land measuring 19 and 17.50 decimal to Mosammat Mehzabin Khan vide Deed of Sale No. 3496 dated 16.04.19977 and 8029 dated 17.03.1977
  • land measuring 19 and 17.50 decimal to Monwara Akmal Khan vide Deed of Sale No. 3495 dated 16.04.19977 and 8029 dated 17.03.1977 respectively.

Mahibur Rahman Chowdhury became owner of:

  • the land measuring 36.50 decimal by way of purchase from Monwara Akmal Khan vide Deed of Sale No. 497 dated 04.02.1987 and
  • land measuring 36.50 decimal from minor Khan Mehzabin Khan represented by her mother Mrs. Monwara Akmal Khan vide Deed of Sale No. 498 dated 04.02.1987.

We have not been provided with permission from the Court showing that Mrs. Monwara Akmal Khan was permitted to sell her daughter’s (minor) land.

Please note that from the Deed of Sale Nos. 497, 498 dated both 04.02.1987 it appears that S.A. Khatian number is 120 and Hal Khatian is 154, But we found that final S.A. Khatian number is 102.

Mahibur Rahman Chowdhury died leaving behind only wife Mosammat Roushan Ara Chowdhury, daughters Safia Rahman Chowdhury, Afia Rahman Chowdhury,  Halima Rahman Chowdhury, Fatema Rahman Chowdhury and sons Yasin bin-Rahman Chowdhury & Yasir-bin-Rahman Chowdhury who became owners of his land by way of inheritance.

Mosammat Roushan Ara Chowdhury for self and on behalf of minor Safia Rahman Chowdhury, minor Afia Rahman Chowdhury, minor Halima Rahman Chowdhury, minor Fatema Rahman Chowdhury, minor Yasin bin-Rahman Chowdhury & minor Yasir-bin-Rahman Chowdhury, sold the land measuring 73 decimal to Interfab (BD) Limited vide Deed of Sale No. 21353 dated 04.11.2002. We have not been provided with permission from the Court showing that Mosammat Roushan Ara Chowdhury was permitted to sell the minor’s land.

However, from Deed of Sale No. 21353 dated 04.11.2002 it appears that Mosammat Roushan Ara Chowdhury obtained permission from learned 2nd Assistant Judge and Family Court, Dhaka in the in the Title Suit No. 54/2000.
9. Ground Rent Receipt : Ground rent receipt No. 482256 and 415790 have been submitted from which it appears that ground rent has been paid up to 1412 B.S. in the name ofUp to date ground rent receipt in the name of Interfab (BD) Limited for the land in question is required.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Non Encumbrance Certificate dated 22.04.2004 issued by deed writer along with Govt. Receipt No. 15347 for land measuring 73 decimal from 1993 to 2004 A.D. have been submitted.Bank should obtain up to date Non Encumbrance Certificate counter signed by concerned Sub-Registrar for the land question.
12. Municipal Holding Record : Not submitted.Bank should obtain up to date Municipal tax payment receipt, if applicable.
13. Wanting papers/Documents : Mandatory

a)      Permission from the Court showing that Mosammat Roushan Ara Chowdhury.

b)      Permission from the Court showing that Mrs. Monwara Akmal Khan was permitted to sell her daughter’s (minor) land.

c)      Up to date ground rent receipt in the name of Interfab (BD) Limited.

d)      Non Encumbrance Certificate counter signed by concerned Sub-Registrar for the land question.

Optional

a)       Up to date municipal tax payment receipt, if applicable.

b)      Valuation certificate.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Interfab (BD) Limited has acquired prima facie right, title and interest over the land in question. Physical possession of the present owner over the land should be ascertained. Mandatory wanting documents/papers referred in Clause 13 above must be obtained. Bank may obtain other wanting documents/papers referred in Clause 13 above.Since Interfab (BD) Limited intend to mortgage the land to secure its own loan and to secure the loan of Interfab Shirt Manufacturing Limited as third party, Bank should ascertain as to whether Interfab (BD) Limited is empowered by its Memorandum of Association to mortgage its property as third party.We have provided this opinion on the basis of the documents/papers referred to us. We can not guarantee the genuineness of the documents. You may verify the genuineness of submitted documents with the concerned Sub-registry office or concerned authorities.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully

(_________)Barrister-at-Law (_______________)Advocate

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