Our ref: LJ/PJ/01/04
Dated: January 15, 2004
7/6-A, Atashkhana Lane
Re: Vetting of property documents A/c. Mr. B.
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 Mr. X of Village & P.O. Deopara P.S. Gomastapur District Rajshahi.|
|2.||Description of the property||:||All that piece and parcel of land measuring 1,800 square feet situated within District Dhaka, P.S. Savar, J.L. No. 730 under Mouza Gomar Muchipara, Khatian No. 151, C.S. Dag No. 65 under possession and management of Modern Housing and Farming Society Limited. H|
|3.||Area||:||1,800 square feet|
|4.||Title Deed Referred||:||Indenture for Sale No. illegible dated 21.01.1980 executed by Mirkashim Housing and Farming Society Limited in favour of Md. Mr. B.|
|5.||Bia Deed||:||Certified copy of Deed of Sale No. 29359 dated 03.10.1975 executed by Shree Gopal Chandra Rishi in favour of Advocate Mir Kashem Khan.|
|6.||Mutation||:||Submitted mutation Khatian No. 160/Kat along with DCR from which it appears that land measuring 04 decimals has been mutated under Dag No. 65 in the name of the present owner Md. Mr. B under Mutation and Separation Case No. 6246 dated 26.06.1988.|
|8.||Chain of Ownership||:||Without perusing relevant Khatians (C. S., S.A. & R. S.) and bia deeds, it is difficult to ascertain complete chain of ownership.
Upon perusal of bia deeds No. 29359 dated 31.10.1974 that land measuring 04 decimal was owned by Shamlal Rishi. No documents showing the ownership of Surendra Mohan Roy and others has been referred to us. Advocate M. Mirkashim became owner of aforesaid 04 decimal vide aforesaid deed from Shamlal Rishi.
Md. Mr. B has become the present owner of the land measuring 04 decimals by way of purchase from Mirkashim Housing and Farming Society Limited vide Indenture for Sale No. illegible dated 21.01.1980.
|9.||Rent Receipt||:||Submitted Ground Rent Payment Receipt No. G 676048 from which it appears that ground rent has been paid up to 1410 B. S. for land measuring 04 decimals.|
|10.||Valuation Certificates||:||Not applicable.|
|11.||Non-Encumbrance Certificate||:||Not submitted.Non-Encumbrance Certificate issued by concerned sub-registrar up to 2003 has to be obtained.|
|12.||Municipal Holding Record||:||Not submitted.|
|14.||Opinion||:||Upon perusal of the documents/papers we are of the opinion that the present owner Md. Mr. B has acquired prima facie ownership over land measuring 04 decimal. Diamond pen Industries should verify the physical possession of the present owner over the land in question and the documents/papers mentioned in clause No. 13 above should be obtained.It appears from title deed Deed of Sale No. Sale No. illegible dated 21.01.1980 that present owner has purchased the land from a limited company by shares named Mirkashim Housing and Farming Society Limited. According to clause No. 15 of the deed, present owner cannot not transfer or mortgage the land without obtaining prior written consent from the company.
So, both the situation, to sell or to Mortgage, prior consent have to obtain from Mirkashim Housing and Farming Society Limited.
The file with documents/papers is returned herewith.