Our Ref.: LJ/PJ/01/2006
Dated: January 19, 2006
|Mr. PJr. Assistant Vice PresidentBank 1
32, Mohakhali Commercial Area
Dhaka – 1212
|Mr. QAssistant Vice PresidentBank 1
32, Mohakhali Commercial Area
Dhaka – 1212
RE: VETTING OF PROPERTY DOCUMENTS A/C. COMPANY 1
We refer to your letter dated 21.12.2005 and papers/documents (all photocopies) sent to us on the above subject.
We have perused the documents/papers referred to us. Our opinion is as follows:
|Owner of the property||:||Company 2 a company limited by shares having business address at 28, Indira Road, P.S. Tejgaon, Dhaka – 1215.|
|2.||Description of the property||:||All that piece and parcel of land measuring 25 decimals situated within District Dhaka, P.S. & Sub-Registry Ramna, Mouza – Baro Mogbazar, C.S. Khatian No. 181, Sabek Khatian No. 290, S.A. Khatian No.984, R. S. D.P. Khatian No. 1009, C.S. Dag No. 216, S.A. Dag No. 523, R.S. Dag No. 1938,Holding No. 46 Eskaton Road, Dhaka butted and bounded by:On the North: RoadOn the South: Public Administration Centre
On the East: 47 & 48 Eskaton Road
On the West: 46, Eskaton Road
|4.||Title Deed Referred||:||Deed of Sale No. 72 dated 10.01.1999 executed by Nurul Islam and 09 others in favour of Company 2 has been submitted.|
|5.||Bia Deed||a) Certified copy of Deed of Lease No. 1893 dated 19.02.1952 executed by Manindra Kumar Mitra and 15 others through their constitute attorney Shah Mohammed Samsul Huda in favour of Nurul Amin and 18 others.b) Certified copy of Deed of Lease No. 1894 dated 19.03.1952 executed by Manindra Kumar Mitra and 15 others in favour of Nurul Amin and 18 others.|
|6.||Mutation||:||R.S. Mutation Parcha No.1009/1 certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that land measuring 2500 ajutangsha under Dag No. 1938 have been mutated in the name of Company 2 vide Mutation and Separation Case No. 1730/2005 dated 13.07.2005.|
|7.||Khatian||:||Mahanagar Jarip D.P. Parcha No. 1798 has been submitted. But no C.S., S.A. & R.S. Khatians have been referred to us.Bank should obtain C.S. Khatian No. 181, Sabek Khatian No.290, S.A. Khatian No.984, R.S. D.P. Khatian No. 1009 and final R.S. Khatian.|
|Chain of Ownership||:||Without perusing all Khatians (C.S., S.A., and R.S.) complete chain of ownership cannot be ascertained.Upon perusal of Deed of Lease No.1893 dated 19.02.1952, it appears that some land under C.S. Khatian No. 181 under Dag No.216 and 491 belonged to Prosanna Kumar Mitra, Pararika Nath Mitra, Bepin Behari Mitra, Girish Chandra Mitra.After the death of Prosonna Kumar Mitra his sons Malindra Kumar Mitra, Phamindra Kumar Mitra, Jitender Kumar Mitra and Surender Kumar Mitra became owners of his land by way of succession.
After death of Ramendra Nath Mitra, his sons namely Jogendra Nath Mitra and Satyandra Nath Mitra became owner of his land by way of inheritance. Subsequently, Satyandra Nath Mitra died leaving behind wife Sreemati Protiva Mitra and his sons Pabitra Kumar Mitra, Bemal Kumar Mitra, Subrata Mitra, Amitam Mitra became owner of his land by way of inheritance.
After the death of Bepin Behari Mitra his sons Sailendra Nath Mitra, Prafullah Chandra Mitra became owners of his land by way of inheritance.
And after the death of Girish Chandra Mitra his sons Hemendra Nath Mitra, Janendra Nath Mitra and Jitendra Chandra Mitra inherited his land. Subsequently, Ajit Kumar Mitra became owner of some land by way of inheritance from his father Jitendra Chandra Mitra.
Thereafter, Malindra Kumar Mitra, Phamindra Kumar Mitra, Jitender Kumar Mitra, SurenderKumar Mitra, Ramendra Nath Mitra, Jogendra Nath Mitra, Pabitra Kumar Mitra, Bemal Kumar Mitra, Subrata Mitra, Amitam Mitra, Sreemati Protiva Mitra, Sailendra Nath Mitra, Prafullah Chandra Mitra, Hemendra Nath Mitra, Janendra Chandra Mitra, Ajit Kumar Mitra perpetually lease out 2.46 acres of land along with other lands to Nurul Amin, Azizuddin, Tofazzal Ali, Sayedannesa Kaisers, Humaira Obaidullah, Nurun Nahar Latifa Begum, Zahed Omar, Meher Bibi, Moulvi Abdul Latif Biswas,Syed Ahmed Afzal, Mafizunnesa Choudhurani, Abdur Rashid, Mafizur Rahman Chowdhury, Abdul Majid, Dr. Nurul Wahab, Sufia Sadullah, Mohammed Nasim, Dr. Mohammed Abdur Rouf vide Deed of Lease No. 1893 dated 19.02.1952 and Deed of Sale No. 1894 dated 19.02.1952.
It appears upon perusal of Deed of Sale No. 72 dated 10.01.1999 that Dr. Nurul Wahab died leaving behind his sons Nurul Huda, Nurul Islam, Nurul Karim, daughters Selima Banu, Zaheda Banu as his legal heirs who became owners of the land measuring 25 decimal under C.S. Dag No. 216 out of the said land.
Then Nurul Huda died leaving behind only wife Syeda Sadeka Banu, sons Nurul Ashekin, Azizul Ohab, Shafiul Arefin, Kamrul Huda and daughter Israt Banu as his legal heirs who became owners of his land by way of inheritance.
The present owner Company 2 has become owner of the land measuring 25 decimal from Nurul Islam, Nurul Karim, Selima Banu, Zaheda Banu, Syeda Sadeka Banu, Nurul Ashekin, Azizul Ohab, Shafiul Arefin, Kamrul Huda, Israt Banu by way of purchase vide Deed of Sale No. 72 dated 10.01.1999.
|9.||Ground Rent Payment Receipt||:||Ground Rent Payment Receipt No. 640754 dated 20.07.05 has been submitted from which it appears that ground rent has been paid up to 1411 B.S. for 25 decimals in the name of Company 2.Up to date Ground Rent Payment Receipt should be obtained.|
|10.||Valuation Certificates||:||Not submitted.|
|11.||Non-Encumbrance Certificate||:||Not submitted.Non Encumbrance Certificate counter signed by concerned Sub-Registrar for the land in question for last 12 years must be obtained.|
|12.||Municipal Holding Record||:||Not submitted.|
|13||Wanting papers/Documents||:||a) C.S. Khatian No. 181, Sabek Khatian No.290, S.A. Khatian No.984, R.S. D.P. Khatian No. 1009, relevant final R.S. Khatian.b) Up to date Ground Rent Payment Receipt for the land in question.c) Non Encumbrance Certificate counter signed by concerned Sub-Registrar for the land in question for last 12 years.
d) Municipal Tax Payment Receipt, if applicable.
e) Valuation certificate.
|14.||Opinion||:||Upon perusal of the documents/papers, we are of the opinion that the present owner, Company 2 has acquired prima facie right, title and interest over land in question. Physical possession of the present owner over the land must be ascertained and wanting papers documents/papers referred in Clause 13 above should be obtained before taking the property as security of loan.Since Company 2 intend to mortgage the land as third party, Bank should ascertain as to whether Company 2 is empowered by its Memorandum of Association to mortgage its property as third party.Please note that we have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of the documents. You may verify the genuineness of submitted documents with the concern Sub-Registry office or concerned authorities and also should ascertain the non-encumbrance of the land in question.|
Should you have any further query please do not hesitate to revert back to us.
All papers/documents referred to us are returned herewith.