Vetting of property documents Related Apartment

Our Ref: LJ/PJ/04/2007

Dated: April 05, 2007

Ms. AAssistant Manager

Company 1

Hosna Centre (4th Floor)

106, Gulshan Avenue, Dhaka

Dear Madam,

RE: VETTING OF PROPERTY DOCUMENTS A/C. COMPANY 2

We refer to your letter dated 29.03.2007  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. B, son of Mr. X of Lake View Apartment, House No. 10/3, Road No. 13 (extension), Flat No. B/5, (5th floor), Baridhara R/A, P.S. Gulshan, Dhaka
2. Description of the property : An Apartment being No. A-501, measuring 1890 (one thousand eight hundred ninety) Sft. on the 4th Floor ( West side) of the Building alongwith undivided and undemarcated land measuring 0.661 (zero point six six one) kathas out to 20(twenty) kathas and a Car Parking space 268 (two hundred sixty eight) Sft. on the ground floor of the Building situated within District-Dhaka, P.S. Dhanmondi, Sub-Registry Office- Mohammadpur, Mouza – Dhanmondi, Plot No.587(old), 64(new), Road No.17(old), 11/A(new) Layout Plan of Dhanmondi Residential Area, Dhaka.
3. Area : An Apartment being No. A-501, measuring 1890 (one thousand eight hundred ninety) Sft. on the 4th Floor ( East side) of the Building alongwith undivided and undemarcated land measuring 0.661 (zero point six six one) kathas out to 20(twenty) kathas and a Car Parking space 268 (two hundred sixty eight) Sft. on the ground floor of the Building
4. Title Deed Referred : Certified copy of Deed of Sale No. 9896 dated 15.12.2005 alongwith delivery receipt executed by Mr. A. J. Mohammad Ali self and on behalf of (1) Mrs. Jamila Khatun, (2) Mr. K. A. Z. Mahbub Hossain (3) Mr. A. Z. Mohammad Hossain, (4) Mr. K. A. Z. Masud Hossain   (5) Mr. K. M. Iqbal (6) K. M. Toha (7) Mrs. Mahmudun Nessa (8) Mrs. Lilu Khandaker (9) Mrs. Mita Hossain (10) Mrs. Amena Khatun (11) Mr. A. K. M. Nurul Amin (12) Mr. Masud Wahab Khan (13) Mrs. Jamila Mamtaz in favour of (1) Mr. Eand (2) Mrs. F.
5. Bia Deed : Indenture of Lease No.5679 dated 29.06.1957  executed by The Government of East Pakistan now Bangladesh in favour Mofazzal Hossain Khandker;
6. Mutation : Submitted Memo No. Shakha-7/L-Dhan-346/98/1435 dated 26.06.2006 issued by Mahfuj Islam, Senior Assistant Secretary, Ministry of Housing and Public Works, Development Shakah-7, Peoples Republic of Bangladesh from which it appears that Flat No. A-501, measuring 1890 (one thousand eight hundred ninety) Sft. on the 4th floor, West side and one Car Parking space 268(two hundred sixty eight) Sft. on the ground floor of the building along with land measuring 0.661 (zero point six six one) katha under plot No.587(old), 64(new), Road No.17(old) 11/A(new), Mouza-Dhanmondi, Dhaka has been mutated in the name of (i) Mr. Eand (2) Mrs. F.DCR No.16 without mutation Khatian issued by Nazir Cum-Cashir, Office of Assistant Commissioner, Land, Mohammadpur Circle, Dhaka mutated in the name of (1) Mr. Eand (2) Mrs. F  vide Mutation and Separation Case No.4056/2006 dated 29.06.2006 has also been submitted.
7. Khatian : R. S. Khatian No.1064
8. Chain of Ownership : Originally Mofazzal Hossain Khandker leased out land measuring 1(one) Bigha under dag No.587, Mouza-Dhamondi Residential Area, Dhaka from Government of East Pakistan vide Indenture of Lease No.5679 dated 29.06.1957.Thereafter, it appears from the documents that  (1) Mrs. Jamila Khatun wife of Mofazzal Hossain Khandker, (2) A. Z. Mahmud Hossain (3) A. Z. Mohammad Hossain (4). K. A. Z. Masud Hossain (5)  K. A. Z. Mahbub Hossain (6) A. J. Mohammad Ali (7)  K. M. Iqbal (8) K. M. Toha (9) Mrs. Masudun Nessan (10) Mrs. Mahmudun Nessa (11) Mrs. Lilu Khandaker became owners of the said property by way of inheritance after death of their father Mofazzal Hossain Khandker.

Mrs. Mita Hossain, Mrs. Amina Mahmud and Akbar Hossain became owners of the shares of the property by way of inheritance after death of their father A. Z. Mohammad Hossain.

Mr. A. K. M. Nurul Amin, husban of Masudun Nessa, Masud Wahab Khan, Mrs. Jamila Mamtaz both son and daughter of Masudun Nessa became owners of the shares of the property after death of Masudun Nessa.

The owners namely (1) Mrs. Jamila Khatun, (2) Mr. K. A. Z. Mahbub Hossain (3) Mr. A. Z. Mohammad Hossain, (4) Mr. K. A. Z. Masud Hossain (5) Mr. A. J. Mohammad Ali (6) Mr. K. M. Iqbal (7) K. M. Toha (8) Mrs. Mahmudun Nessa (9) Mrs. Lilu Khandaker (10) Mrs. Mita Hossain (11) Mrs. Amena Khatun (12) Mr. Akbar Hossain, (13) Mr. A. K. M. Nurul Amin (14) Mr. Masud Wahab Khan (15) Mrs. Jamila Mamtaz recorded their names with Ministry of Housing and Public Works, Development Shakha-7, Peoples Republic of Bangladesh vide its Memo No.Shakha-7/L-Dhan-346/2002/1256 dated 14.09.2002 signed by Shaikh Md. Rajab Ali, Senior Assistant Secretary.

From R. S. Khatian No.1064 it appears that land measuring 33.20 decimals under dag No.1059 have been recorded in the names of (1) Mrs. Jamila Khatun, (2) Mr. K. A. Z. Mahbub Hossain (3) Mr. A. Z. Mohammad Hossain, (4) Mr. K. A. Z. Masud Hossain (5) Mr. A. J. Mohammad Ali (6) Mr. K. M. Iqbal (7) K. M. Toha,(8) Mrs. Mita Hossain, (9) Mrs. Amena Khatun and (10) Mr. Akbar Hossain,

Thereafter, the land owner No.5 Mr. A. J. Mohammad Ali has been appointed as constituted attorney by the landowners (No.1, 2, 3, 9, and 11) vide registered Irrevocable General Power of Attorney No.3721 dated 18.08.2002, Landowners No.12 & 14 vide registered Irrevocable General Power of Attorney No.4281 dated 24.09.2002 empowering him to construct multi storied residential building on their land in question and sell the same to intending purchasers. Notarized General Power of Attorney No.2519, 2522 and 2844 dated 24.09.2002, 01.10.2002 and 09.09.2002 executed in Los Angeles and Washington, D. C. respectively and duly revalidated by   Ministry of Foreign Affairs, Government of Bangladesh, Dhaka have been submitted from which it appears that Land owner No.5 Mr. A. J. Mohammad Ali  is appointed by Landowners No. 6, 7, and 10 as their constituted attorney empowering him to develop the property by constructing residential building and sell the same to intending purchasers. The said Power of Attorneys have been duly excepted by Ministry of Housing and Public Works, Development Shakha-7 vide Memo No.Shakha-7/L-Dhan-346/98 dated 27.08.2003.

(Please note that we have not been provided the Power of Attorney executed by Landowners No. 8 and 13. We have not been provided any power of attorney executed by Mr. Akbar Hossain in favour of A. J. Mohammad Ali and or not found his name in the Deed of Sale)

Mr. A. J. Mohammad Ali self and on behalf of (1) Mrs. Jamila Khatun, (2) Mr. K. A. Z. Mahbub Hossain (3) Mr. A. Z. Mohammad Hossain, (4) Mr. K. A. Z. Masud Hossain   (5) Mr. K. M. Iqbal (6) K. M. Toha (7) Mrs. Mahmudun Nessa (8) Mrs. Lilu Khandaker (9) Mrs. Mita Hossain (10) Mrs. Amena Khatun (11) Mr. A. K. M. Nurul Amin (12) Mr. Masud Wahab Khan (13) Mrs. Jamila Mamtaz sold the apartment in question to Mr. E& Mrs. F vide Deed of Sale No.9896 dated 15.12.2005.
9. Ground Rent Receipt : Submitted ground rent payments receipt No.111876 from which it appears that ground rent has been paid up to 1413 B.S. for land measuring 0.661(zero point six six one) kathas under dag No.587, Dhanmondi, Dhaka in the name of Mr. Md. Azharul Haque.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Non-encumbrance certificate along with Govt. receipt No.52800 dated 04.06.2006 issued by Md. Rajab Ali, Deed writer & Searcher, S. R. Office, Mohammadpur, Dhaka covering the period from 1994 to 2006, Flat No. A-501, measuring 1890 (one thousand eight hundred ninety) Sft. on the 4th floor, West side and one Car Parking space 268(two hundred sixty eight) Sft. on the ground floor of the building along with land measuring 0.661 (zero point six six one) katha under plot No.587(old), 64(new), Road No.17(old) 11/A(new), Mouza-Dhanmondi, Dhaka has been submitted.
12. Municipal Holding Record : Dhaka City Corporation tax payment receipt No.537643 has been submitted from which it appears that tax paid up-to 2005-2006 under Holding No. 64, Dhanmondi Residential Area, Road No.11/A, Dhaka in the name of Mr. Md. Azharul Haque.
13 Permission of Ministry of Housing and Public Works Permission from Ministry of Housing and Public Works to mortgage the Apartment No. A-501, measuring 1890 (one thousand eight hundred ninety) Sft. on the 4th Floor (West side) of the Building alongwith undivided and undemarcated land measuring 0.661 (zero point six six one) kathas out to 20(twenty) kathas and a Car Parking space 268(two hundred sixty eight) Sft. on the ground floor of the Building situated within District-Dhaka, P.S. Dhanmondi, Sub-Registry Office- Mohammadpur, Mouza – Dhanmondi, Plot No.587(old), 64(new), Road No.17(old), 11/A(new), Dhanmondi, Dhaka to Bank 1Bank, 18-20, Motijheel Commercial Area, Dhaka-1000 vide Memo No. Shakha-7/L-Dhan-346/98/1604 dated 06.07.2006  has been submitted
14. Wanting papers/Documents : Optional:Valuation Certificate
15. Opinion : Upon perusal of the documents/papers we are of the opinion that the present owners Mr. E & Mrs. F have acquired prima facie ownership over the Apartment mentioned in clause 2 above. Bank should verify the physical possession of the present owners over the said Apartment. The land may be accepted as security of loan upon obtaining document/paper referred in Clause 13 above       .Please note that we have provided this opinion on the basis of the documents/papers referred to us. We can not guarantee the genuineness of the 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. Kindly acknowledge receipt.

Thanking you.

Yours faithfully,

(________________)                                                    (_____________________)

Barrister-at-Law                                                                          Advocate

The Lawyers & Jurists
M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.
www.lawyersnjurists.com

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