Vetting of property documents

Our Ref: LJ/PJ/04/2006

Dated: April 17, 2006

Company 1

Finance Company Limited

Chamber Building (6th floor)

122-124, Motijheel Commercial Area

Dhaka – 1000

Dear Sir,

RE: VETTING OF PROPERTY DOCUMENTS/PAPERS A/C. COMPANY 2

We refer to your letter dated _______ 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. A son of Late Mr. X, House No. 228, Lake Road, New DOHS, Mohakhali, Dhaka.
2. Description of the property : All that piece and parcel of land measuring 10 decimal situated within District Norshingdi, P.S. & Sub-Registry Office –Palash under previously Dhaka presently Norshingdi Collectorate,  J.L. No. Sabek 378 Hal 112, Mouza Palash, under the following Khatians and Dags:C.S. Khatian No. , S.A. Khatian No. 14/1 under C.S. and S.A. Dags 101 and 103/488.
Khatians Dags Land(In decimals)
C.S. S.A./Sabek R.S./Hal C.S. S.A./Sabek R.S./Hal
27 358 1339 225 225 8687 14
284 1557 225 8688 10
373, 356 1182,1015 225 8689 21
226 8690
285 327 226 226 8691 17
Total 62

Please note that in the title deed, Deed of Sale No. 1367 dated 20.05.2003, the number of C.S. Khatian was mentioned as 27 and C.S. Dag as 225 but we have not found Dag No. 225 in the submitted C.S. Khatian No. 27. IIDFC should ask the landowner to clarify the matter.

3. Area : 58 decimal out of 62 decimals.
4. Title Deed Referred : a.       Certified copy of Deed of Sale No. 283 dated 26.01.2003 executed by Md. Abdul Sattar in favour of A.K. Chowdhury.b.      Certified copy of Deed of Sale No. 509 dated 25.02.2003 executed by Abu Bakar in favour of A.K. Chowdhury.c.       Certified copy of Deed of Sale No. 1367 dated 20.05.2003 executed by 1. Abdul Hannan Bhuiyan, 2. Mizanur Rahman Bhuiyan, 3. Khorshed Alam Bhuiyan in favour of A.K. Chowdhury.

d.      Certified copy of Deed of Sale No. 2106 dated 05.08.2003 executed by 1. Zakat Hosain Bhuiyan, 2. Md. Anwar Hossain Bhuiyan, 3. Md. Delwar Hossain Bhuiyan, 4. Mosammat Sajeda Begum in favour of A.K. Chowdhury.
5. Bia Deed : a.       Deed of Sale No. 14170 dated 12.12.1982 executed by Abu Bakkar Bhuiyan in favour of Md. Zakat Hossain Bhuiyan. 2. Md. Anowar Hossain Bhuiyan, 3. Md. Delwar Hossain, 4. Mosammat Sajeda Begum.b.      Deed of Sale No. 384 dated 29.01.1990 executed by Mosammat Hasnehar Begum in favour of Md. Zakat Hossain.c.Deed of Sale No. 6847 dated 23.06.1983 executed by Rafiquddin Bhuiyan in favour of Md. Zakat Hossain Bhuiyan.

d. Deed of Sale No. 1780 dated 03.04.1983 executed by Abdul Karim in favour of Md. Zakat Hossain Bhuiyan.
6. Mutation : Mutation Khatian certified by Assistant Commissioner of Land along with DCR and Proposal Sheet have been submitted from which it appears that land measuring 58 decimal have been mutated under Dag No. 225/8687, 225/8688, 226/8690, 225/8689, 226/8691 in the name of A.K. Chowdhury vide Mutation and Separation Case No. 1334/2005-06 dated 26.04.2006.
7. Khatian : Certified copy of C.S. Khatian No. 27, certified copy of S.A. Khatian No. 358 corresponding to C.S. Khatian No.120/1, S.A. Khatian No. 373 corresponding to Sabek Khatian No. 132 Ka, S.A. Khatian No.285 corresponding to Sabek Khatian No. 65/2, draft copy of S.A. Khatian No.356, 284, Draft copy of R.S. Khatian No. 1557, 1015, 1182, certified copy of R.S. Khatian No. 327, 1339 have been submitted.
8. Chain of Ownership : Upon perusal of S.A. Khatian No. 358, 373, 356, 285, 284 and R.S. Khatian No. it appears that some land was recorded in the name of the persons in the following manner in the S.A. Operationand R.S. operation:

  • In the S.A. operation land measuring 11 decimal under S.A. Khatian No. 358, Dag N0. 225 along  with other lands in separate dags in the name of Habibur Rahman, Nureza Khatun and Chhab Meher Khatun. In the R.S. Operation land measuring 14 decimal under Khatian No. 1339, Dag No. 8687 along with other lands under separate dags were recorded in their name and one Mosleh Uddin.
  • In the S.A. operation, land measuring 18 decimal under S.A. Khatian No. 373, Dag N. 226 along  with other lands in separate dags in the name of Mamtaz Uddin Bhuiyan, Hafizuddin Bhuiyan, Chhab Meher, Sonabhan, Ayesha Khatun, Morsheda Khatun, Shahar Ban Nesa, Majida Khatun.
  • In the S.A. operation, land measuring 11 decimal under S.A. Khatian No. 356, Dag No. 225 along with other lands in separate dags in the name of Nepajuddin, Altabuddin, Aptabuddin, Badaruddin, Rabiullah, Rahima Khatun and others. In the R.S. Operation the said land measuring 09 decimal under Khatian No. 1015, Dag No. 8689 along with other lands under separate dags were recorded in the name of Nepajuddin, Altabuddin, Aptabuddin, Badaruddin, Rahima Khatun,
  • land measuring 31 decimal under S.A. Khatian No. 285, Dag No. 225 along  with other lands in separate dags in the name of Abu Bakar, Chhabia Akter Begum, Akromer Nesa, Batuber Nesa, Arpater Nesa.
  • In the S.A. operation land measuring 10 decimal under Khatian No. 284, Dag No. 225 along with other lands in separate dags were recorded in the name of Shafi Ullah. In the R.S. Operation the said land measuring 10 decimal under Khatian No. 1557, Dag No. 8688 along with other lands under separate dags were recorded in the name of Abdul Sattar son of Shafiullah, Achia Khatun wife of Shafiullah, Anwara Begum, Monwara Begum daughter of Shafiullah, Fatema Khatun, Piara Begum, Tahera Khatun and another Tahera Khatun. But we have not been provided with any documents/papers showing how they became owners from the S.A. tenants.

From C.S. Khatian No. 14 it appears that the land measuring 369 decimals under Dag No. 101 and land measuring 74 decimals under Dag No. 103/488 along other lands under separate dags were recorded in the name of Monai Rek.

Upon perusal of Deed of Sale No. 20698 dated 21.08.1973 it appears that some land belonged to Bisandi Rozario. Please note that we have not been provided with any documents/papers showing how Bisandi Rozario became owner of the land from the C.S. tenant Monai Rek.

After his death his sons John Rozario, Nimai Rozario and Manuel Rozarioi became owners of his land by way of succession.

In the S.A. operation under Khatian No.37, land measuring 369 decimals under Dag No. 101 and land measuring 74 decimals under Dag No. 103/488 along other lands under separate dags were recorded in the names of John Rozario, Nimai Rozario, Manuel Rozario, Rabar Rozario and three others.

It appears upon perusal of Deed of Sale No. 10584 dated 12.12.1956 that Klara Rozario became owner of land measuring 35 decimal under Dag No. 101 along with other lands under several Mouza by way of inheritance from her father.

Manuel Rozario purchased the said land measuring 35 decimals from Klara Rozario alias Kuri Rozario vide Deed of Sale No. 10584 dated 12.12.1956.

From Deed of Agreement No. 7256 dated 21.10.1957 it appears that John Rozario, Nimai Rozario, and Manuel Rozario sold land measuring 195 decimals under Dag No. 101 and another dag to Muhammad Suleman Mollah. But we have not been provided with any Deed of Sale in this regard.

Suleman Mollah executed an Agreement No. 7256 dated 21.10.1957 in favour of John Rozario, Manuel Rozario and another to the effect that if they repay the loan amount along with interests as stated in the deed within 12 years, he shall bound to execute a Deed of Sale in favour of them in respect of the property.

Thereafter, Soleman Mollah sold the land measuring 60 decimals under Dag No. 101 and under another separate dag to Manuel Roazario vide Deed of Sale No. 7074 dated 10.10.1968.

Sinthia Diaz has become owner of land measuring 48 decimals from John Rozario and 02 decimals from Manuel Rozario by way of purchase vide Deed of Sale No. 20698 and 20699 both dated 21.08.1973 respectively.
9. Ground Rent Receipt : Ground rent receipt No. K 84568 has been submitted from which it appears that ground rent has been paid up to 1413 B.S. in the name of A.K. Chowdhury for land measuring 58 decimal and 0200 ajutangsha respectively.Up to date ground rent receipt for delivery should be obtained.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Two non-encumbrance certificate dated 18.07.2002 and 01.08.2002 issued by deed writer and searcher along with Government Receipt No. 45956 and 45957 for land measuring 02 decimal and 48 decimal respectively from 1990 to 2002 have been submitted.Up to dated non-encumbrance certificate counter signed by concerned Sub-Registrar for land measuring 50 decimal to be obtained.
12. Municipal Holding Record : Not submitted.Bank should obtain up to date Municipal tax payment receipt, if applicable.
13. Wanting papers/Documents : a)      Up to date ground rent receipt.b)      Up to dated non-encumbrance certificate counter signed by concerned Sub-Registrar for land measuring 50 decimal.c)      Up to date municipal tax payment receipt, if applicable.

d)      Valuation certificate.

e)      Clarification as sought for in Clause 2 above.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Mrs. Sinthia Diaz has acquired prima facie right, title and interest over the land in question. The land may be accepted as security of loan after ascertaining physical possession of the present owner over the said land and upon obtaining papers/documents referred in Clause 13.Since Mrs. Sinthia Diaz intends to mortgage her land as third party so her photograph attested by concerned Chairman or Ward Commissioner where he lives should be obtained for avoiding impersonationWe have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of the submitted documents. You may verify the genuineness of the same with the concerned Sub-registry office or concerned authorities.

As per your request we are sending herewith the following draft documents for doing your needful:

a)      Deed of Mortgage along with Affidavit.

b)       Irrevocable General Power of Attorney along with Affidavit.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully

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

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