Vetting of Property Documents

REF: LJ/PJ/05/2005

Dated: May 04, 2005

Ms. ASO

Bank 1

Kawran Bazar Branch

HRC Bhaban

46 Kawran Bazar C/A,

Dhaka

 Ms. BAssistant Vice President

Bank 1

Kawran Bazar Branch

HRC Bhaban

46 Kawran Bazar C/A,

Dhaka

Dear Madam,

RE:     VETTING OF PROPERTY DOCUMENTS A/C: M/S. COMPANY 1

We refer to your Letter No. OBL/KBB/2005/386 dated 02.05.2005 on the above subject.

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

1.

 

 

 Owner of the property

 

 : 1) Mr. C,s/o Mr. X

2) Mr. D, s/o Mr. Yboth of South Birangul, P.O. Ballavadi, P.S. & District- Madaripur.
2. Description of the property

 

 

 : All that piece and parcel of land measuring 11.50 decimals situated within District Gazipur, P. S. & Sub-Registry office Gazipur, Mohal No. 9, J.L. No. Sabek-143, Mouza-Meghdubi, under S.A. Khatian No. 53, R.S. Khatian No. 319, S.A. Dag No. 671, R.S. Dag No. 448, butted and bounded by-On the North: Land of Md. Shirajul Islam Molla

On the South: Alek Kha & Hasu Kha

On the East:   Hasu Kha

On the West:  U.P. Road & Tajraddin Molla.
3. Area : 11.50 decimals.
4. Title Deed Referred : Deed of Sale No. 14195 dated 19.09.1996 executed by Md. Mafijuddin Molla, Md. Sirajul Islam Molla, Md. Tarajuddin Molla, Md. Hamid Molla, Md. Shuruj Molla and Md. Jainal Abedin in favour of Mr. C and Mr. D.
5. Bia Deed : §         Certified Copy of Deed of Sale No.7242 dated 23.10.1995 executed by Ala Box, Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain, Mst. Rahima Khatun in favour of Jainal Abedin.§         Certified Copy of Deed of Sale No.7243 dated 23.10.1995 executed by Ala Box, Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain, Moss. Rahima Khatun in favour of Md. Mafijuddin Molla.

§         Certified Copy of Deed of Sale No.7244 dated 23.10.1995 executed by Ala Box, Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain, Moss. Rahima Khatun in favour of Md. Sirajul Islam.

§         Certified Copy of Deed of Sale No.7245 dated 23.10.1995 executed by Ala Box, Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain, Moss. Rahima Khatun in favour of Md. Tarajuddin.
6. Mutation : Mutation Khatian No. 53/319 certified by the Assistant Commissioner of Land along with DCR has been submitted from which it appears that the land measuring 11.50 decimals under S.A. Dag No. 671, corresponding to R.S. Dag No. 448 has been mutated in the name of Mr. C and Mr. D vide Mutation and Separation Case No. 624(IX-I)99-2000 dated 02.08.1999.
7. Khatian : S.A. Khatian No. 53 (Corresponding to Sabek Khatian No. 23) and incomplete C.S. Khatian No. 23 have been submitted. But no R.S. Khatian has been referred to us.
8. Chain of Ownership

 

 

 

 : From C.S. Khatian No. 23 it appears that Kasamuddin, Sheikh Jalu, Sheikh Khalu, Mainuddin and Owazuddin were recorded as C.S. tenants.It also appears from S.A. Khatian No. 53 (Corresponding to Sabek Khatian No.23) that the land measuring 46 decimals under Dag No. 671 with other land in different Dags were recorded in the names of Montazuddin, Sakur Nessa (heirs of Jalu), Habizuddin, Mofizuddin, Afsaruddin, Shafizuddin (sons of Mainuddin), Kasamuddin, Mohammad, Aleka, Halima, Abdul Shobhan and Abdul Malek.

Upon perusing of the bia deeds it appears that Ala Box became owner of some land by way of inheritence from his wife and Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain and Moss. Rahima Khatun became owners of some land by way of inheritance from their mother.

Thereafter, Ala Box, Abdul Karim, Md. Miru, Majibar Rahaman, Md. Ahad Ali, Md. Babul Hossain and Moss. Rahima Khatun sold the land measuring 45 decimals to Jainal Abedin, Md. Mafizuddin Molla, Md. Sirajuddin and Md. Tarajuddin vide Deed of Sale Nos. 7242, 7243, 7244 & 7245 all dated 23.10.95, who further became owner of some  more land by way of inheritence along with Hamid Molla and Shuruj Molla.

The present owners, Mr. C and Mr. D have purchased the land measuring 11½ decimals from Jainal Abedin, Md. Mafizuddin Molla, Md. Shirajuddin, Md. Tarajuddin, Hamid Molla and Shuruj Molla vide Deed of Sale No. 14195 dated 19.09.1996.
9. Ground Rent Receipt : Submitted Ground Rent payment Receipt No. 754100 showing that ground rent has been paid up to 1411 BS for .111/2 acre equivalent to 11.50 decimals of land in the name of Mr. C and others.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Submitted Non-encumbrance Certificate undated for land measuring 11.50 decimals issued by Deed Writer and Searcher Md. Kashem Ali.
12. Municipal Tax Payment Receipt : Not submitted.
13. Wanting papers/Documents

 

 : a)                  R.S. Khatian.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 the present owners, Mr. Mr. C and Mr. Mr. D have acquired prima facie ownership of the land measuring 11.50 decimals. The land may be accepted as security of loan upon ascertaining physical possession of the present owners over the said land and obtaining documents/papers referred in Clause 13 above.

Please note that we have provided this opinion on the basis of the documents/papers referred to us. We cannot guarantee of 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 be ascertained the non-encumbrance of the land in question.

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully,

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

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