Vetting of property documents

Our Ref: LJ/PJ/04/2006

Dated: April 02, 2006

Mr. M

SVP & Manager

Bank 1

Kawran Bazar Branch

HRC Bhaban

46, Kawran Bazar Commercial Area

Dhaka

Dear Sir,

RE: VETTING OF PROPERTY DOCUMENTS/PAPERS A/C. COMPANY 1 AND COMPANY 2.

We refer to your letter dated 13.03.2006 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. Owners of the property : Mrs. A wife of Mr. X, P.S. Rupganj, District Dhaka.
2. Description of the property : All that piece and parcel of land measuring 48 decimals + 02 decimals in total 50 decimals square yards situated within District Dhaka, P.S. Savar, Sub-Registry Office – Savar, Mouza Rajasan, Sabek Khatian No. 20/6, S.A. Khatian No. 14/1 under C.S. and S.A. Dags 101.
3. Area :
4. Title Deed Referred : a.       Deed of Sale No. 20698 dated 21.08.1973 executed by John Rozario in favour ofMrs. A.b.      Deed of Sale No. 20699 dated 21.08.1973 executed by Manuel Rozario in favour ofMrs. A.
5. Bia Deed : a.       Deed of Agreement No. 7256 dated 21.10.1957 executed by 1. John Rozario, 2. Nimai Rozario, 3. Manuel Rozario in favour of Muhammad Suleman Mollah.b.      Certified copy of Deed of Sale No. 105084 dated 12.12.1956 executed by Klara Rozario alias Buri Rozario in favour of Manuel Rozario.c. Certified copy of Deed of Sale No. 7074 dated 10.10.1968 executed by Soloman Mollah in favour of Manuel Rozario.
6. Mutation : Two Mutation Khatians numbering as 37/Kat certified by Assistant Commissioner of Land along with two DCR and Proposal Sheets have been submitted from which it appears that land measuring 4800 ajutangsha and 0200 ajutangsha have been mutated under Dag No. 101 in the name ofMrs. A vide Mutation and Separation Case No. 9571/2002 dated 28.11.2002 and Mutation and Separation Case No. 6066/2002 dated 28.11.2002 respectively.
7. Khatian : C.S. Khatian No. 14, S.A. Khatian No. 14/1/37, R.S. Khatian No. 113 have been submitted.
8. Chain of Ownership : Upon perusal of C.S. Khatian No. 14 it appears that in the C.S. operation 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 Monai Rek.It appears upon perusal of Deed of Sale No. 10584 dated 12.12.1956 that Klara Rozario became owner of land measuring 35 decimal Dag No. 101 along with other lands under several mouza by way of inheritance. 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.In the S.A. operation under Khatian No.14/1/37, 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, Geda Rozario, Maril Rozario, and Peter Rozario. We have not been provided with any documents/papers showing how John Rozario, Nimai Rozario, Rabar Rozario, Geda Rozario, Maril Rozario, and Peter Rozario became owners of the land from the C.S. tenant Monai Rek.

From Deed of Agreement No. 7256 dated 21.10.1957 it appears that John Rozario, Nimai Rozario, and Manuel Rozario sold their land measuring 369 decimals under Dag No. 101 along with lands under separate dags to Muhammad Suleman Mollah. But we have not been provided with any Deed of Sale in this regard. An Agreement also was executed by the buyer Suleman Mollah in favour of John Rozario, Nimai Rozario Manuel Rozario to the effect that if they will repay the loan amount along with interest as stated in the deed within 12 years of the execution he shall bound to sale back the land vide execution of a Deed of Sale.

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 02 decimals and 48 decimals from John Rozario and Manuel Rozario by way of purchase vide Deed of Sale No. 20698 and 20699 both dated 21.08.197.

Deed of Sale No. illegible dated 03.03.1955 it appears that Faizon Nesa Bibi became owner of land measuring 8.25 decimal under C.S. Khatian No. 270, Dag No. 165 vide registered Deed of Sale No. nil dated 13.006.1926. Please note that we have not been provided with above deed of sale;

Khaled Mohammad Mosharraf purchased the above land from Faizon Nesa Bibi vide Deed of Sale No. nil dated  06.08.1949. But we have not been provided with the Deed of Sale No. nil dated  06.08.1949;

Mosammat Sufia Khatun purchased the said land from Khaled Mohammad Mosharraf vide Deed of Sale No. 2083 dated 03.03.1955.

Anwarul Kabir has purchased the land in question from Sufia Khatun vide Deed of Sale No. 2007 dated 19.05.1979 and land measuring 0728 ajutangsha was recorded in his name under Mahanagar Jarip Khatian No. 829 Dag No. 4995.
9. Ground Rent Receipt : Ground rent receipt No. E 020460 and E 020458 have been submitted from which it appears that ground rent has been paid up to 1409 B.S. in the name ofMrs. A for land measuring 4800 ajutangsha 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)      Certified copy of C.S. Khatian No. 270, S.A. Khatian No. 282 and relevant R.S. Khatianb)      Up to date ground rent receipt.

c)      Up to date non-encumbrance certificate counter sign by the concerned Sub-Registrar.

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

e)      Valuation certificate.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Mr. Anwarul Kabir has acquired prima facie right, title and interest over the land in question. Physical possession of the landowner over the land should be ascertained and wanting documents/papers referred in Clause 13 above should be obtained.Deed of Agreement dated 04.08.2005 has been submitted from which it appears that Anwarul Kabir entered into an agreement with Company 3 (GBBPL) to construct a 06 storied building comprising 10 apartments over the land.We have been provided with certified Irrevocable General Power of Attorney No. 6219 dated 09.08.2005 (‘IGPA’) from which it appears that Mr. Anwarul Kabir has executed the IGPA in favour of GBBPL empowering its inter alia to sell 06 apartment out of 10 apartments and 06 car parking spaces undivided and undemarcated land to the prospective buyers.

Please note that in Clause 13 of the IGPA it has been stated that the GBBPL can take loan from the any schedule Bank, HBFC or any financial Institution or any person for the purpose of constructing building over the land in question without creating any charge or mortgage on the schedule land.

In view of the above we are of the opinion that GBBPL has no authority to create mortgage over the land in question and there is no provision to delegate the power of GBBPL, in this situation the Attorney cannot execute any mortgage deed and Irrevocable General Power of Attorney in favour of the Bank. Therefore, a fresh Power of Attorney with the power to create any charge or mortgage over the land in question and with the sub-delegation authority may be obtained upon revoking the previous IGPA. Alternatively mortgage and Power of Attorney can be created in favour of the Bank by the Landowner himself.

We 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.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully

(________________)Barrister-at-Law (_________________)Advocate

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