Vetting of Property Documents related Company

 Ref: LJ/PJ/04/2006

Dated: April 23, 2006

Mr. A

Vice President & Manager

Bank 1

Principal Branch

45, Dilkusha Commercial Area

Dhaka – 1000

Dear Sir,

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

We refer to your letter dated 15.03.2006 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. Owners of the property : Mr. B son of Alhaj Abdul Kader Miah of 105, 106 Bangabandhu Sarak, Ukil Para, P.S. and District Narayanganj.
2. Description of the property : a)        All that piece and parcel of land measuring 3286 ajutangsha situated within District Narayanganj, P.S. & Sub-Registry Office – Sadar, J.L. No. Sabek 190, S.A. 66 R.S. 5, Mouza Chashara ‘Ma’ Khanda, C.S. Khatian 246, 286, S.A. Khatian No. 95, C.S. Dag No. 101, 101/514 , 102, S.A. Dag No. 140, 141, R.S. Dag No. 160,  161.b)        All that piece and parcel of land measuring 02391/3 ajutangsha situated within District Narayanganj, P.S. & Sub-Registry Office – Sadar, J.L. No. Sabek 188 S.A. 67, Mouza Narayanganj ‘Ma’ Khanda, C.S. Khatian No. 294, 296, 670, S.A. Khatian No. 709, 306, 310, C.S. Dag No.  839, 840, 841, 842, 843, 844, 845.  S.A. Dag No. 811, 812, 815.
3. Area : a)      3286 ajutangsha.b)      02391/3 ajutangshaIn total 35251/3 ajutangsha
4. Title Deed Referred : a.       Certified copy of Deed of Amicable Settlement No. 998 dated 12.03.2002 executed by and between Mr. B and Mr. C.b.      Deed of Heba bil Iwaz No. Illegible dated 18.03.1997 executed by Md. Shahabuddin Ahmed in favour of Md. Mr. B.c.       Deed of Sale No. 4545 dated 14.11.1990 executed by Bangladesh Jute Association in favour of i. Md. Shahabuddin Ahmed, ii. Mr. C, ii. Md. Mr. B.
5. Bia Deed : Not submitted.
6. Mutation : Mouza Chashara

Mutation Khatian No. 802 certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that under Mouza Chashara land measuring 3286 ajutangsha has been mutated under S.A. Dag No. 140 and 141, R.S. Dag No. 160 and 161 in the name of Mr. D vide Mutation and Separation Case Nos. 4740/2002-03 dated 21.03.2003.

Mouza Narayanganj

Not submitted.

Mutation Khatian certified by Assistant Commissioner of Land for land measuring 02391/3 ajutangsha in the name of Md. Mr. B must be obtained.
7. Khatian : Mouza ChasharaS.A. Khatian No. 95 corresponding to 113/1 has been submitted. But we have not been provided with C.S. Khatian No. 246, 286 and relevant R.S. Khatian.Bank should obtain C.S. Khatian No. 246, 286 and relevant R.S. Khatian.

Mouza Narayanganj

No Khatians have been referred to us

Bank should obtain C.S. Khatian No. 294, 296, 670, S.A. Khatian No. 709, 306, 310 and relevant R.S. Khatian.
8. Chain of Ownership : Upon perusal of Deed of Sale No. 4545 dated 14.11.1990 it appears that some land under Mouza Chashara ‘Ma’ Khanda, C.S. Khatian No. 246, 286 Kha under C.S. Dag No. 101, 102, 101/514 purchased by Dhaka, Narayanganj Chamber of Commerce and Industries vide Deed of Sale No. 7815 dated 12.05.1949. But we have not been provided with the said deed of sale.Dhaka, Narayangonj Chamber of Commerce and Industry had changed its name as Narayanganj Chamber of Commerce and Industry vide resolution made in its General Meeting held on 11.08.59.From S.A. Khatian No. 95 it appears that land measuring 90 decimal under Dag No. 140, land measuring 54 decimal under Dag No. 141 along with other lands under separate dags were recorded in the name of Narayanganj Chamber of Commerce and Industries.

The then Pakistan Jute Association presently Bangladesh Jute Association purchased the land from Narayanganj Chamber of Commerce and Industry vide Deed of Sale No. 1003 dated 22.06.1970. But we have not been provided with Deed of Sale No. 1003 dated 22.06.1970.

Thereafter, i. Md. Shahabuddin Ahmed, ii. Mr. C and ii. Md. Mr. B purchased land measuring .4461 acre out of the said land from Bangladesh Jute Association vide Deed of Sale No. 4545 dated 14.11.1990.

Then, Md. Shahabuddin Ahmed gifted Mohsin Uddin  Ahmed land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and 1487 ajutangsha under Mouza Chashara ‘Ma’ Khanda vide Deed of Heba bil Iwaz No. illegible dated 18.03.1997.

Md. Mr. B and Mr. C jointly enjoying the land under Mouza Chashara ‘Ma’ Khanda measuring 2974 ajutangsha which they had purchased from Bangladesh Jute Association vide Deed of Sale No. 4545 dated 14.11.1990. They entered into an amicable settlement vide Deed of Amicable Settlement No. 998 dated 12.03.2002 for the said Ejmali land. Md. Mr. B became sole owner of the land measuring 1799 ajutangsha vide Deed of Amicable Settlement No. 998 dated 12.03.2002.

Thus Mr. B became owner of land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and land measuring 3286 ajutangsha Chashara ‘Ma’ Khanda.

On the other hand Md. Shahabuddin Ahmed purchased some land under Mouza Narayanganj ‘Ma’ Khanda, C.S. Khatian No. 294, 296, 670, C.S. Dag No. 837, 838, 839, 840, 841, 842, 843, 844, 845, S.A. Khatian No. 709, 306, 310, S.A. Dag No. 811, 815, 310, 812 vide Deed of Sale Nos. 1555 and 1664 dated 13.05.1991 and 21.05.1991 respectively. But we have not been provided with any Deed of Sale Nos. 1555 and 1664 dated 13.05.1991 and 21.05.1991 respectively or any documents/papers showing from whom he purchased the land.

Then, Md. Shahabuddin Ahmed gifted Mr. B land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and 1487 ajutangsha under Mouza Chashara ‘Ma’ Khanda vide Deed of Heba bil Iwaz No. illegible dated 18.03.1997.

Md. Mr. B and Mr. C jointly enjoying the land under Mouza Chashara ‘Ma’ Khanda measuring 2974 ajutangsha which they had purchased from Bangladesh Jute Association vide Deed of Sale No. 4545 dated 14.11.1990. They entered into an amicable settlement vide Deed of Amicable Settlement No. 998 dated 12.03.2002 for the said Ejmali land. Md. Mr. B became sole owner of the land measuring 1799 ajutangsha vide Deed of Amicable Settlement No. 998 dated 12.03.2002.

Thus Mr. B became owner of land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and land measuring 3286 ajutangsha Chashara ‘Ma’ Khanda.
9. Ground Rent Receipt : Mouza Chashara Ground rent receipt No. E 624333 has been submitted from which it appears that ground rent has been paid up to 1411 BS in the name of Md. Mr. B  for land measuring 0.3286 acres.

C.S. Khatian No. 246, 286 and relevant R.S. Khatian Bank should obtain ground rent payment receipt up to 1413 BS in the name of Md. Mr. B for land measuring 0.3286 acres.

Mouza Narayanganj

Not submitted

Bank should obtain ground rent payment receipt up to 1413 BS in the name of Md. Mr. B for land measuring 02391/3 ajutangsha.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Mouza Chashara Not submitted.

Non-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years

Mouza Narayanganj

Not submitted.

Mutation Khatian certified by Assistant Commissioner of Land for land measuring 02391/3 ajutangsha in the name of Md. Mr. B Bank should obtain C.S. Khatian No. 294, 296, 670, S.A. Khatian No. 709, 306, 310 and relevant R.S. KhatianBank should obtain ground rent payment receipt up to 1413 BS in the name of Md. Mr. B for land measuring 02391/3 ajutangshaNon-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years
12. Municipal Holding Record : Not submitted.Bank should obtain up to date Municipal tax payment receipt, if applicable.
13. Wanting papers/Documents : Mouza Chashara

a)      C.S. Khatian No. 246, 286 and relevant R.S. Khatian.

b)      Ground rent payment receipt up to 1413 BS in the name of Md. Mr. B for land measuring 0.3286 acres.

c)      Non-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years.

d)      Up to date Municipal tax payment receipt, if applicable.

e)      Valuation Certificate.

Mouza Narayanganj

a)      Mutation Khatian certified by Assistant Commissioner of Land for land measuring 02391/3 ajutangsha in the name of Md. Mr. B.

b)      C.S. Khatian No. 294, 296, 670, S.A. Khatian No. 709, 306, 310 and relevant R.S. Khatian.

c)      Ground rent payment receipt up to 1413 BS in the name of Md. Mr. B for land measuring 02391/3 ajutangsha.

d)      Non-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years.

e)      Up to date Municipal tax payment receipt, if applicable.

f)        Valuation certificate.
14. Opinion : Mouza Chashara Upon perusal of the documents/papers we are of the opinion that Mr. B has acquired prima facie right, title and interest over the land in question. The land may be accepted as security of loan after ascertaining physical possession of Mr. B over the said land and papers/documents referred in Clause 13 should be obtained.Mouza Narayanganj

Upon perusal of the documents/papers we are of the opinion that Mr. B has acquired prima facie right, title and interest over the land in question subject to obtaining mutation parcha certified by the concerned Assistant Commissioner of land alongwith DCR. The land may be accepted as security of loan after ascertaining physical possession of Mr. B over the said land and papers/documents referred in Clause 13 should be obtained.

Since Mr. B intends to mortgage his land as third party so his photograph attested by concerned Chairman or Ward Commissioner where he lives should be obtained for avoiding impersonation.

We have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of the submitted documents. You may verify the genuineness of the same with the concerned Sub-registry office or concerned authorities.

All papers/documents referred to us are returned herewith.

As per your request we are sending herewith the following draft documents for doing your needful:

a)      Deed of Mortgage along with Affidavit.

b)      Irrevocable General Power of Attorney along with Affidavit.

Thanking you.

Yours faithfully

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

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