Vetting of property documents

Ref: LJ/PJ/06/06

Dated: June 05, 2005

The Manager Consumer Credit Risk

Personal Financial Services

Bank 1

Dhaka Main Office, Anchor Tower

1/1-B, Sonargaon Road

Dhaka-1205

RE:     VETTING OF PROPERTY DOCUMENTS/PAPERS A/C. “W”

Dear Sir,

We refer to your letter dated 21.05.2005 on the subject above.

We have perused the papers/documents, (all photocopies) referred to us. Our opinion is as follows:

1.

 

 

 Owner of the property

 

 : a.       Mr. A son of Mr. Xb.      Mrs. B wife of Mr. Y

Both of Village Mousa, Post Office Kumarvog, P.S. Louhajong, District Munshigong.
2. Description of the property

 

 

 : All that piece and parcel of land measuring .0577 acre situated within District Dhaka, P.S. Sabek Tejgaon subsequently Sabujbag Hal Khailgaon, Sub-Registry Office Sutrapur, J.L. No. C.S. 289 S.A. 121, Mouza Meradia, C.S. Khatian No. 146, C.S. & S.A. Dag No. 516.
3. Area : .0577 acre
4. Title Deed Referred : Deed of Sale No. illegible dated 24.03.2002 executed by Eastern Housing Limited in favour of i. Mr. Yand ii. Mrs. B.
5. Bia Deed : (a)    Deed of Sale No. illegible dated 19.12.1949 executed by i. Hasen Bibi, ii. Fatema Bibi, minor Rabia Nesa, iii. Jamila Nesa, iv. Minor Ayer Ali, (minor Kamini Nesa or minor Saheb Ali), Moulvi Afir Uddin Sarder.(b)   Certified copy of Sale Deed No. 15743 dated 24.12.1987 executed by Md. Abdul Mannan and 07 others in favour of Eastern Housing Limited.

(c)    Hiba-bil-Iwaz No. 2686 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Mahfuzul Huq.

(d)   Hiba-bil-Iwaz No. 2685 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Azizul Huq.

(e)    Hiba-bil-Iwaz No. 2682 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Sanaul Huq.

(f)     Hiba-bil-Iwaz No. 2683 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Najibul Huq.

(g)    Hiba-bil-Iwaz No. 2684 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Enamul Huq.

(h)    Hiba-bil-Iwaz No. 2680 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Abdul Mannan.

(i)      Hiba-bil-Iwaz No. 2681 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Abdul Kuddus.

(j)     Hiba-bil-Iwaz No. 2687 dated 12.06.1980 executed by Haji Afiroddin Sarder in favour of Manzurul Huq.
6. Mutation : Mutation Parcha No. 991 along with DCR and Proposal Sheet has been submitted from which it appears that land measuring .0577 acre under Dag No. 1470 has been mutated in the names of Mr. Yand Mrs. B.
7. Khatian : C. S. Khatian No. 146, S. A. Khatian No.232 corresponding to C. S. Khatian No. 146, R.S. Khatian No. 320 and Mahanagar Jarip D.P. Khatian No. 2471 have been submitted.
8. Chain of Ownership : From C. S. Khatian No. 146 it appears that the land measuring 59 decimals under Dag No. 516 along with other lands in different dags were recorded in the name Janu Matbar.It appears upon perusal of Deed of Sale No. illegible dated 19.12.1949 that Saheb Ali was owner of some land. But we have not been provided any documents in the name of  Saheb Ali.

Saheb Ali died leaving behind his wife Hasen Bibi, daughter Fatema Bibi, minor Rabia Nesa, Jamila Nesa, son minor Ayer Ali, (minor Kamini Nesa or minor Saheb Ali) as his legal heir in the land.

Moulvi Afiruddin Sarder purchased the land from Hasen Bibi and others vide Deed of Sale No. illegible dated 19.12.1949.

Upon perusal of S.A. Khatian No. 232 it appears that the land was recorded under the same dag in the name of Noman Hossain, Seikh Monoruddin, Samoruddin, Abdul Khaleque Bhuiyan, Afiruddin Sarder. But we have not been provided with any documents showing how Afiruddin Sarder became owner of entire land measuring 59 decimal.

Moulvi Afiruddin Sarder gifted the land along with other lands to the following persons:

  • Mahfuzul Huq vide Hiba-bil-Iwaz No. 2686 dated 12.06.1980.
  • Azizul Huq vide Hiba-bil-Iwaz No. 2685 dated 12.06.1980.
  • Sanaul Huq vide Hiba-bil-Iwaz No. 2682 dated 12.06.1980.
  • Najibul Huq vide Hiba-bil-Iwaz No. 2683 dated 12.06.1980
  • Enamul Huq vide Hiba-bil-Iwaz No. 2684 dated 12.06.1980.
  • Abdul Mannan vide Hiba-bil-Iwaz No. 2680 dated 12.06.1980.
  • Abdul Kuddus vide Hiba-bil-Iwaz No. 2681 dated 12.06.1980.
  • Manzurul Huq vide Hiba-bil-Iwaz No. 2687 dated 12.06.1980.

Abdul Mannan, M.A. Quddus, Md. Sanaul Haque, Nazibul Haque, Md. Enamul Haque, Md. Azizul Haque, Mahfuzul Haque, Md. Manjurul Haque sold some land to Eastern Housing Limited vide Deed of Sale No. 15743 dated 24.12.1987.

Upon perusal of Mahanagar Jarip D.P. Khatian No. 24 it appears that land measuring .0592 acre under Dag No. 1508 has been recorded in the name of Eastern Housing Limited.

Mr. Yand Mrs. B has become owner of the land measuring .0577 acre by way of purchase from Eastern Housing Limited vide Deed of Sale No. illegible dated 24.03.2002.
9. Rent Receipt : Ground Rent Payment Receipt No. 804629 has been submitted that rent has been paid up to 1411 B.S. in the name ofMr. Yand others for land measuring .0577 acres.Up to date ground rent payment receipt in the name of present owners should be obtained.

 
10. Valuation certificate : Not submitted.
11. Non-Encumbrance Certificate : Non-encumbrance certificate dated 03.01.2005 counter signed by concerned Sub-Registrar from 1992 to 2005 for land measuring .0577 acre has been submitted.
12. Municipal Holding Record : Not submitted.Up to date Municipal Tax Payment Receipt should be obtained, if applicable.
13. Wanting papers/Documents

 

 : Mandatory:a. Up to date ground rent payment receipt in the name of present owners

Optional:

b. Up to date Municipal Tax Payment Receipt, if applicable

c. Valuation Certificate
14. Opinion : Upon perusal of the documents/papers, we are of the opinion that Mr. A and Mrs. B have acquired prima facie ownership over the land in question. Physical possession of the present owners of the said property must be ascertained and wanting papers/documents mentioned in the clause 13 herein above should be obtained.“W” entered into an Agreement for Sale dated 24.04.2006 (the ‘Agreement’) with the landowners Mr. Yand Mrs. B to purchase an apartment being No. A-5, measuring 1134 square feet in the 5th floor of building which is under construction over the land in question.

Since the Agreement is not registered it has no legal effect. Mr. Azadul Islam cannot mortgage the apartment in favour of the Bank until the apartment along with proportionate land has been registered in his name.

In such situation, Bank may obtain a registered Agreement for Sale executed by and between the borrower Mr. Azadul Islam and the landowner clearly mentioning the time for transferring the apartment along with undivided and undemarcated land by way of a Deed of Sale. Upon obtaining mandatory wanting documents/papers as mentioned clause 13 above.

Bank may finance partly to Mr. Azadul Islam on the basis of a three party agreement stipulating inter alia that within a certain period after registration of the apartment in the name of Mr. Azadul Islam, he will create mortgage over the same in favour of the Bank.

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.

Should you have any further query, please do not hesitate to revert back to us.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully,

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

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