Vetting of Property Documents

Our Ref: LJ/PJ/06/2007                                            Dated: June 19, 2007

The Manager Consumer Credit Risk

Personal Financial Services

Bank 1

Dhaka Main Office

‘Anchor Tower’

1/1-B, Sonargaon Road

Dhaka-1205

Dear Sir,

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

We refer to your letter dated 06.06.2007 on the above subject.

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

1.

 

 

 Owner of the property

 

 : Mrs. A wife of Mr. B, Plot – 51, Road – Lake Drive Road, Sector – 7, Uttara, Dhaka.
2. Description of the property : All that piece and parcel of land measuring 05 Katha situated in Uttara Residential Model Town of Rajdhani Unnayan Katripakkha (RAJUK) within District Dhaka, P.S. Uttara, Mouza Faidabad, being Plot No.51, Road – Lake Drive Road, Sector – 7 under the lay out plan of Uttara Residential Model Town prepared by RAJUK butted and bounded by:On the North: Plot No. 53

On the South:  Plot No. 49

On the East: Lake Drive Road

On the West: Lake
3. Area : Land measuring 05 Katha
4. Title Deed Referred : Affidavit dated 08.02.1995 sworn before notary public by Mr. B supporting gift in favour of his wife Mosammat Mrs. A.
5. Bia Deed : a)      Standard Lease Agreement No. illegible dated 18.01.1995 executed by RAJUK in favour of Abdus Samad.b)     Irrevocable General Power of Attorney No. 10090 dated 29.09.1992 executed by Abdus Samad in favour of Mr. B.
6. Mutation : Submitted Memo No. illegible dated 23.07.1995 issued by Deputy Director, RAJUK from which it appears that Plot No.51, Lake Drive Road, Sector – 7 under Uttara Residential Area has been mutated in the name of Mosammat Mrs. A.Submitted DCR dated 02.10.2003 along with Proposal Sheet dated 28.09.2003 issued in the Mutation and Separation Case No. 8089/2003 dated 28.09.2003.
7. Khatian : Not submitted.
8. Chain of Ownership : Abdus Samad has originally been leased out land measuring 05 Katha under Plot No. Plot No.51, Road – Lake Drive Road, Sector – 7 in the Uttara Residential Model Town by RAJUK vide Standard Lease Agreement No. illegible dated 18.01.1995.Abdus Samad appointed Mr. B as his constituted attorney for the land vide Irrevocable General Power of Attorney No. 10090 dated 29.09.1992.

Thereafter, Mr. B has gifted the land to her wife Mosammat Mrs. A and sworn Affidavit dated 08.02.1995 before notary public supporting the gift.

RAJUK vide its Memo No. illegible dated 23.07.1995 mutated the Plot No.51 in the name of Mosammat Mrs. A on the basis of the Affidavit.
9. Ground Rent Payment Receipt : Ground rent receipt No. 378910 has been submitted from which it appears that ground rent has been paid in the name of Mosammat Mrs. A up to 1410 B.S. for land measuring .0825 acre under Plot No. 51.Up to date ground rent receipt should be obtained.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Submitted non-encumbrance certificate dated 19.01.2006 from 1992 to 2006 for land measuring 05 Katha under plot No. 51.Up to date non-encumbrance certificate to be obtained.
12. Municipal Holding Record : Not submitted.Up to date municipal tax payment receipt, if applicable.
13 Wanting papers/Documents Mandatory:

  • Up to date non-encumbrance certificate.

Optional:

  • Up to date ground rent receipt in the name of Mrs. A.
  • Up to date municipal tax payment receipt, if applicable.
  • Valuation Certificate
14. Opinion : Upon perusal of the documents/papers, we are of the opinion that Mrs. A (the ‘Landowner’) has acquired prima facie ownership over land in question. Bank should ascertain physical possession of the present owner over the said land and documents/papers referred in Clause 13 above should be obtained.

From certified copy of Irrevocable General Power of Attorney No.5872 dated 19.04.2005/20.04.2005 (the ‘IGPA’) has been submitted from which it appears that the Landowner has executed the power of attorney appointing Dom-Inno Builders Limited, M.R. Centre (4th, 5th and 8th floor), House No. 49, Road – 17, Banani Bazar Road, P.S. Gulshan, Dhaka – 1213 represented by its Managing Director Mr. Arch. Abdus Salam (the ‘Developer’) as her true and lawful attorney inter alia to construct 06 (six) storied building and to sell 06 apartments out of 10 apartments except 2nd and 4th floor apartments, along with undivided and undemarcated proportionate land to the prospective buyers.

Memo No. Rajuk/Estate/ dated 02.04.2006 issued by RAJUK accepting the said IGPA has been submitted.

Letter of Allotment dated 02.01.2006 issued by the Developer in favour of Mr. Nasiruddin Sikder, Son of Late Aminuddin Sikder, 74, Shahid Tajuddin Ahmed Sarani, Tejgaon Industrial Area, Dhaka – 1208 has been submitted/referred to us from which it appears that the Developer entered into the allotment agreement with Mr. Nasiruddin Sikder and has allotted 2970 square feet apartment, being No. A-3 and B-3 on the 3rd floor (the ‘Apartment’).

Bank may finance Mr. Nasiruddin Sikder to purchase the Apartment along with undivided and undemarcated proportionate land from the said project considering our opinion stated above. Before purchase the apartment in the name of Mr. Nasiruddin Sikder and mortgage the apartment in favour of the Bank in both cases permission from RAJUK to be obtained.

Please complete the documentation formalities accordingly Staff/Home Mortgage Loan Policy before disbursement of loan.

We have provided this opinion on the basis of the documents/papers referred to us. We do not confirm 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.

Kindly acknowledge receipt.

Thanking you.

Yours faithfully,

(________________)Barrister-at-Law (___________________)Advocate

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