REF: LJ/PJ/06/2006 Dated: June 03, 2006
Vendor Management & Support
102, Gulshan Avenue
Dhaka – 1212
RE: VETTING OF PROPERTY DOCUMENTS A/C. COMPANY 1
We refer to your letter dated 27.04.2006 subsequent discussion on the subject above. We have perused the papers/documents (all photocopies) referred to us. Our opinion is as follows:
|Owners of the property
|:||1. Mrs. B wife of Mr. X2. Mr. C
3. Mr. D
4. Ms. E
5. Ms. F
sons & daughters of Mr. X all of 9, Gopi Kishan Lane, Wari, P.O. Sutrapur, Dhaka.
|2.||Description of the property
|:||All that piece and parcel of land measuring 25.5 Katha equivalent to 42.48 decimals situated within District Dhaka, P.S. & Sub-Registry Office Sutrapur, J.L. No. 01, Mouza Wari, under C.S. Khatian Nos. 10975, 5890, 5895, S.A. Khatian Nos. 1415, 1414, Settlement Khatian No. 6193, C.S. Dag Nos. 47, 48, 50, S.A. Dag Nos. 4577, 4576, butted and bounded by;On the South : Nawab Street
On the North : Heirs of late Mohiuddin
On the East : Hazi Lal Miah & Rankin Street
On the West: Gopi Kishan Lane
|3.||Area||:||25.5 Katha equivalent to 42.48 decimals.|
|4.||Title Deed Referred||:||Deed of Sale No. 8032 dated 07.12.1968 executed by Motahara Khatoon Bibi, Md. Abdul Ghaffar, Md. Abdul Mannan, Md. Abdul Hannan, Mst. Atahara Khatoon, Mst. Sufia Khatoon and Mst. Rowshan Ara Khatoon in favour of Mohammad Abdus Sadeque.|
|:||Deed of Exchange No. 6766 dated 23.04.1965 executed between Sree Charu Chandra Guha 1st party and Moulvi Abdul Jabbar Miah 2nd party.|
|6.||Mutation||:||Mutation Khatian No. 1414 & 1415 certified by Thana Revenue Officer without DCR have been submitted from which it appears that land measuring 20.48 & 20 decimals under Dag Nos. 4576 & 4577 have been mutated in the names Mr. Shakhawat Hossain, Md. Rassel, Dil Afroz, Jahan Afroz, Mrs. B vide Mutation and Separation Case No. 3259(s)P-I,/83-84 dated 12.06.1984.|
|7.||Khatian||:||C.S. Khatian Nos. 10975, 5890 & 5895, S.A. Khatian Nos. 1414, 1415, R.S. Khatian No. 1045, Mahanagar Jarip Parcha No. 6193 have been submitted.|
|8.||Chain of Ownership||:||It appears from C.S. Khatian No. 10975, 5890, 5895 that land measuring 22, 12.40 & 08.08 decimals under Dag Nos. 48, 47 & 50 were recorded in the names of Charu Chandra Guha and Debendra Mohan Sen.Thereafter, Maulvi Abdul Jabbar became owner of the land measuring 12.40, 08.08 & 22 (total 43.2) decimals under Dag Nos. 47, 50 & 48 respectively by way of exchange with C.S. tenant Charu Chandra Guha vide Deed of Exchange No. 6766 dated 23.04.1965.
After the death of Maulvi Abdul Jabbar Miah, his wife, sons and daughters namely Motahara Khatun Bibi, M.A. Sattar, Md. Abdul Ghaffar, Md. Abdul Mannan, Md. Abdul Hannan, Mosammat Atahara Khatoon, Mosammat Sufia Khatoon, Mosammat Rowshan Ara Khatoon became owners of the land as legal heirs. And M.A. Sattar (son of Maulvi Abdul Jabbar Miah) gifted his portion of land to his mother Motahara Khatun Bibi vide Deed of Hiba-bil-Iwaz dated 03.12.1968. But we have not been provided with the said Deed of Hiba-bil-Iwaz.
Subsequently, Mohammad Abdus Sadeque purchased the land measuring 42.48 decimals from Motahara Khatoon Bibi and 06 (six) others vide Deed of Sale No. 8032 dated 07.12.1968.
It appears from S.A. Khatian No. 1414 and 1415 that the land measuring 20.48 & 22 decimals under Dag Nos. 4576 & 4577 were recorded in the name of Abdus Sadeque.
Please note that upon perusal of R.S. Khatian No. 1045 it appears that land measuring 20.48 & 22 decimals under Dag Nos. 6579 & 6580 have been recorded in the name of Deputy Custodian, Lands & Building, Dhaka on behalf of Charu Babu. Bank should ask the present owners why the land was recorded in the name of Deputy Custodian, Lands & Building, Dhaka on behalf of Charu Babu.
The present owners Mrs. B, Shakawat Hossain, Md. Rassel, Dil Afroza, Jahan Afroza inherited over the land measuring 25.5 Katha equivalent to 42.48 decimals from Abdus Sadeque and their names have recorded in the Mohanagar Jarip under Khatian No. 6193.
|9.||Ground rent-receipt||:||Ground Rent Receipt No. K 691326 and 69326 have been submitted from which it appears that rent has been paid up to 1412 BS for land measuring 2048 and 2200 ajutangsha in the names of Shakhawat Hossian and others.|
|11.||Non-Encumbrance Certificate||:||Non-encumbrance certificate issued by deed writer & searcher Jahangir Hossain along with Govt. Receipt up to the year 2005 for land measuring 4248 ajutangsha has been submitted.|
|12.||Municipal Tax Payment Receipt||:||Municipal tax payment receipt No. 123386, 123387, 123388, 123389, 123390 have been submitted from which it appears that municipal tax has been paid up to 2005 for 9, 9/A, 9/B, 9/C, 9/D, Gopi Kishan Lane, Ward No. 74 in the names of Jahan Afroz, Mrs. B, Dil Afroz, Shakhawat Hossain and Md. Rassel respectively.|
|14.||Opinion||:||Upon perusal of the documents/papers we are of the opinion that Shakawat Hossain, Md. Rassel, Dil Afroza, Jahan Afroza (the ‘landowners’) have acquired prima facie ownership over the land measuring 25.5 Katha equivalent to 4248 ajutangsha. Physical possession of the present owners over the land should be ascertained and documents/papers referred in Clause 13 above may be obtained.In case of house loan for purchasing an apartment, Bank should obtain photocopy of original title deed(s), certified copy of original title deed(s), certified copy/original copy of bia deed(s) which is/are available and all supporting papers on the basis of which we have provided our opinion.
It appears that the Landowners appointed the Rangs Properties Limited as constituted attorney (Attorney/Developer) vide Irrevocable General Power of Attorney (IGPA) No. 1857 dated 21.05.2001. By virtue of the IGPA the Developerempowered inter alia to sell the Apartments in respect of the aforesaid property on behalf of landowner.
In such situation, Bank may advise Mr. Mahboob Hasan Chowdhury and Mr. Abdul Gafur to enter into an Agreement for Sale with the Landowners through Attorney/Developer clearly mentioning the time for transferring the apartment along with undivided undemarcated land by way of a Deed of Sale. If such an agreement is entered into then the same has to be presented for registration with the concerned Sub-Registry office within 1 (one) month from the date of execution.
Bank may finance Mr. Mahboob and Mr. Gafur (Purchasers/Borrowers) in order to purchase the Apartment on the basis of Deed of Agreement for Sale to be executed among the Bank, Borrowers and Landowners (through Attorney/Developer) stipulating inter alia that within a certain period after registration of the apartment in the name of purchaser, they will create mortgage over the same.
Bank should also take necessary steps to complete other security documentation formalities as the Bank’s House Loan Policy.
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 submitted documents. If the Bank is satisfied with genuineness of the documents, Bank may accept the property as security of the loan.
All papers/documents referred to us are returned herewith.