Vetting of Property Documents

Ref.: LJ/PJ/12/2006

Dated:  December 18, 2006

The Manager

Consumer Credit Risk

Personal Financial Services

Bank 1

Anchor Tower

1/1-B, Sonargaon Road

Dhaka-1205

Dear Sir,

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

We refer to your letter No. HML/DHA/005-037635-011 dated 06.12.2006 on the above subject.

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. A  , son of Mr. X   of 109/1, Kakrail Road, P. S. Ramna, District-Dhaka
2. Description of the property : All that piece and parcel of land measuring 48.45 (forty eight point forty five) decimals situated within District-Dhaka P. S. Motijheel, Sub-Registry Office-Sutrapur, Dhaka collectory Touzi No.15144, J. L. No. C. S No. 284, S.A. No. 9, Mouza- Baze Kakrail, C. S. Khatian No. 54, C. S. dag No. 22, 26, 27, 28, 29 and 31, C. S. Khatian No.56, C. S. dag No.31, S. A. Khatian No.17, S. A. dag No.19, S.A. Khatian No.19, S. A. dag No.21, R. S. dag No.36
3. Area of Land : Land measuring 48.45 (forty eight point forty five) decimals.
4. Title Deed Referred : Deed of Heba-Bel-Ewaz No.2881 dated 27.07.2000 executed by (1) Al-haj Begum Shansun Nahar (2) Mrs. Sufia Parbeen (3) Mrs. Suraiea Parbeen (4) Mrs. Nazma Parveeen (5) Miss. Tahmina Parveen in favour of Mr. A
5. Bia Deed : (i)      Deed of Sale No.5202 dated 25.09.1948 executed by Sree Lal Bashak in favour of Ms. Razia Banu(ii)    Bia Deed of Sale No.27355 dated 05.10.1973 executed by Ms. Razia Banu in favour of Mohammad Mujibur Rahman
6. Mutation : Submitted Mutation Khatin No. 17/1/1 along with DCR No.23809 from which it appears that land measuring .4450 and .0395 total .4845 acres under dag No. 19 and 21 respectively has been mutated in the name of Mr. A   vide Mutation and Separation Case No. 595/02-03 dated 28.10.2002 certified by Assistant Commissioner, Land, Kotwali Circle, Dhaka.
7. Khatian : Submitted S. A. Khatian No.17 and 19, R. S. Khatian No.245, D. P. Khatian No.561Not submitted C. S. Khatian No.54 and 56
8. Chain of Ownership : Without C. S. Khatian it is not possible to ascertain the particular chain of ownership of the schedule property.From S. A. Khatian No.17 corresponding to C. S. Khatian No.85 it appears that land measuring 1.08 acres under dag No.19 of Mouza – Baze Kakrail was recorded in the name of Razia Banu and Noorjahan BegumFrom S. A. Khatian No.19 corresponding to C. S. Khatian No.94 it appears that land measuring 06 decimals under dag No.21 of Mouza – Baze Kakrail have been recorded in the names of Motaharul Haque and Fazila Ekram Nessa

From R. S. Khatian No.245 it appears that land measuring .4796 and .5748 total 1.0544 acres under dag No.958 and 959 respectively of Mouza – Baze Kakrail were recorded in the names of Razia Banu and Md. Majibur Rahman.

From D. P. Khatian No.561 it appears that land measuring 57.20 decimals under dag No.943 and 958 of Mouza-Kakrail has been recorded in the name of Mr. A

From bia Deed of Sale No.5202 dated 25.09.1948 it appears that Sree Lal Bashak sold some land in favour of Ms. Razia Banu. In the said deed of sale it also appears that the seller became owner of the said property by way of purchase.

From bia Deed of Sale No.27355 dated 05.10.1973 it appears that Ms. Razia Banu sold land measuring 1(one) Bigha 10(ten) Kathas in favour of Mohammad Mujibur Rahman

From the documents it appears that at the time of death of Mr. Mujibur Rahman he left behind 1(one) wife namely Alhaj Begum Shansun Nahar, 2(two) sons namely, Md. Mafijur Rahman and Mr. A, and 4(four) daughters namely, Ms. Sufia Parveen, Mrs. Suraia Parbeen, Ms. Nazma Parbeen and Ms. Tahmina Rahman.

Thereafter, the present owner Mr. A   became owner of land measuring 10.45 decimals by of inheritance form his father Late Mujibur Rahman   and land measuring 38.00 decimals by way Heba-Bel-Ewaz from (1) Al-haj Begum Shansun Nahar (2) Mrs. Sufia Parbeen (3) Mrs. Suriea Parbeen (4) Mrs. Nazma Parveeen (5) Miss. Tahmina Parveen vide Deed of Heba-Bel-Ewaz No.2881 dated 27.07.2000.

Total land measuring 48.45 (forty eight point forty five) decimals
9. Ground Rent Receipt : Ground rent payment receipt No.389074 land measuring 0.4845 acres under dag No.19 and 21 of Mouza-Baze Kakrail rent paid up-to 1412 B. S in the name of Mustafuzur Rahman  has been submitted.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Not submitted
12. Municipal Holding Record : Dhaka City Corporation tax payment receipt No.84833 in the name of Mujibur Rahman of Holsing No.109/1 Kakrail, Dhaka, tax paid up-to 2003-2004 has been submitted.
13 Wanting papers/Documents
  • C. S. Khatian No.54 and 56
  • Non-encumbrance certificate;
  • Valuation certificate
14. Opinion : Upon perusal of the documents/papers, we are of the opinion that the present owner Mr. A   (the ‘Landowner’) has acquired prima facie ownership over the land measuring 48.45 (forty eight point forty five) decimals. Physical possession of the Landowner over the land should be ascertained and documents/papers referred in Clause 13 above should be obtained.Mr. A   (the ‘Landowner’) entered into a Deed of Agreement in the year 2002 (the ‘Agreement’) with Gawsia Developers Limited (the ‘Developer’), represented by its Chairman Mr. A   for developing the land measuring 0.4620 acres out of 0.4845 acres by way of constructing 15 storied building consisting of 112 apartments and necessary Car parks in the ground floor of the Building. It appears from the Agreement that the Developer will get 80% of the apartments and Car parking space along with undivided and undemarcated proportionate land and the Landowner will get 20% of the apartments.From certified copy of General Power of Attorney No. 397 dated 01.02.2003 executed by Mr. A   it appears that the landowner   appointed Gawsia Developers Limited, represented by its Chairman Mr. A  , having registered Office at 109/1, Kakrail Road, P. S. Ramna, District-Dhaka (the Developer) empowering its to develop the land measuring 0.4620 acres out of 0.4845 acres by way of constructing 15 (fifteen) storied building containing 112 apartments and necessary Car Parking spaces in the ground floor of the building and to sell the same alongwith proportionate undivided and undemarcated land and Car parking space as per agreement mentioned above.

From your letter it appears that Company 1  will purchase an apartment from the Landowner/Developer. In such situation, Bank may obtain a registered Agreement for Sale executed by and between the borrower Company 1, the landowner through his constituted attorney Developer and clearly mentioning the time for transferring the apartment along with undivided and undemarcated land by way of a Deed of Sale. Thereafter the Bank may finance to the borrower Company 1 on the basis of a Tripartite Agreement stipulating inter alia that within a certain period after registration of the apartment in the name of Company 1, 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.

All papers/documents referred to us are returned herewith.

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

Kindly acknowledge receipt.

Thanking you.

Yours faithfully,

(__________________)                                                    (________________)

Barrister-at-Law                                                                           Advocate


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