Vetting of Property Documents related Company

 

Our Ref: LJ/PJ/03/2006

Dated: April 01, 2006

Mr. A

SVP & Manager

Bank 1

Kawran Bazar Branch

HRC Bhaban

46, Kawran Bazar Commercial Area

Dhaka

Dear Sir,

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

We refer to your letter dated 28.03.2006 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 : a.        Mr. B son of Mr. X of Kali Bari Road, P.S. and District Barishal.

b.        Mr. C son of Mr. Y of Kalinath Rayerbazar, P.S. and District Bhola.
2. Description of the property : All that piece and parcel of land measuring 0873 ajutangha situated within District Dhaka, P.S. previously Mirpur presently Uttara, Sub-Registry Office Mirpur, J.L. No. Sabek 202, Mouza Rana Bhola under the following khatians and dags:
Khatians Dags Land
C.S. S.A. R.S. M.J. C.S. S.A. R.S. M.J.
30 34 – 2034 165 165 146 2156 08.44 decimals
35 39 – 782 150, 151 150, 151 116, 117 2112 00.29 decimals

butted and bounded by:

On the North:   Land of Mosammat Eva Jesmin

On the South:   Land of Abdul Aziz Member and others

On the East:      Land of Md. Mojibur Rahman and others

On the West:    Land of Mokhlesur Rahman and others

3. Area : 0873 ajutangha
4. Title Deed : Deed of Sale No. 4686 dated 04.08.2004 executed by i. Mushfiqul Mujib, ii. Nujhat Jerin and iii. A.M. Mujibur Rahman, party No. 1-2 represented by their constituted attorney party No. 3 in favour of i. Md. Mezbahuddin Farhad, ii. Mr. C.
5. Bia Deed : a.       Certified copy of Deed of Sale No. 3549 dated 21.05.2000 executed by Md. Shamsu Mia in favour of i. Mushfiqul Mujib, ii. Nujhat Jerin.

b.      Deed of Sale No. 4871 dated 02.08.1989 executed by Md. Salauddin in favour of Md. Shamsu Mia.

c.       Certified cpy of Deed of Sale No. 4942 dated 25.08.1999 executed by Md. Siraj Miah in favour of A.M. Mujibur Rahman and 10 others.

d.      Certified copy of Deed of Sale No. 5298 dated 14.10.1991 executed by Mohammad Abdullah in favour of Md. Wazuddin.

e.       Irrevocable General Power of Attorney No. 2800 dated 01.06.2002 executed by i. Mushfiqul Mujib, ii. Nujhat Jerin in favour of A.M. Mujibur Rahman.
6.

Mutation

 : Mutation Khatian No. 34/ certified by Assistant Commissioner of Land have been submitted from which it appears that land measuring .0844 under S.A. Dag No. 165 has been mutated in the name of i. Mushfiqul Mujib, ii. Nujhat Jerin vide Mutation and Separation Case No. 20778 dated 10.12.2004.And Mutation Khatian No. 28 certified by Assistant Commissioner of Land along with DCR have been submitted from which it appears that land measuring .0844 under R.S. Dag No. 146 has been mutated in the name of Mushfiqul Mujib, ii. Nujhat Jerin vide Mutation and Separation Case No. 11238/2004 dated 09.09.04.

But no mutation in the names of Mr. B and Mr. C has been referred to us. Bank must obtain Mutation Khatian certified by Assistant Commissioner of Land in the names of Mr. B and Mr. C for land measuring 0873 ajutangsha.
7. Khatian : C.S. Khatian No. 30, S.A. Khatian No. 34 corresponding to C.S. Khatian No. 30, R.S. Khatian No. 28, Mahanagar Jarip D.P. Khatian No. 1098 has been submitted. But C.S. Khatian No. 35, S.A. Khatian 39 and their corresponding R.S. Khatian(s) and Mahanagar Jarip Khatian No. 782 have not been referred to us.Bank should obtain C.S. Khatian No. 35, S.A. Khatian 39 and their corresponding R.S. Khatian(s), Mahanagar Jarip Khatian No. 782.
8. Chain of Ownership : Without perusing all relevant Khatians it is difficult to ascertain the complete chain of ownership.

Upon perusal of C.S. Khatian No. 30 it appears that land measuring 02 acre 03 decimal under Dag No. 165 along with other lands under separate dags were recorded in the names of Purna Bewa, Raycharan Kaibarta Das, Haracharan Kaibarta Das, Mahim Kaibarta Das.

In the S.A. operation, the said land was recorded under Khatian No. 34, Dag No. 165 in the names of Haracharan Kaibarta Das, Mahim Kaibarta Das. And in the S.A. operation, the said land was recorded under Khatian No. 28, Dag No. 146 in the names of Mahim Kaibarta Das, Pagaila Kaibarta Das, Sadhan Chandra and Haripada Kaibarta Das.

As per Deed of Sale No. 21.06.2003, Md. Wazuddin purchased some land from Sadhan Chandra and others vide Deed of Sale No. 8942 dated 02.10.1969. Note that we have not been provided with Deed of Sale No. 8942 dated 02.10.1969.

Md. Wazuddin sold land measuring 67.50 decimal to Mohammad Abdullah vide Deed of Sale No. 11015 dated 12.07.1976. We have not been provided the said Deed of Sale. Md. Wazuddin became owner of the said land measuring 67.50 decimal again by way of purchase from Mohammad Abdullah vide Deed of Sale No. 5298 dated 14.10.1991.

Upon perusal of Deed of Sale No. 4871 dated 02.08.1989 it appears that Md. Salauddin purchased land measuring 16.87 decimal from Md. Wazuddin vide Deed of Sale No. 3303 dated 12.5.1988. We have not been provided the Deed of Sale.

Md. Shamsu Mia purchased the land measuring 16.87 decimal from Md. Salauddin vide Deed of Sale No. 4871 dated 02.08.1989.

Md. Shamsu Mia sold land measuring 08.44 decimal to Mushfiqul Mujib and Nujhat Jerin vide Deed of Sale No. 3549 dated 21.05.2000.

On the other hand, from Deed of Sale No. 4942 dated 25.08.1999 it appears that some land was recorded under C.S. Khatian No. 35, S.A. Khatian No. 39, C.S. and S.A. Dag No. 150 and 151 in the name of Dudu Miiah.

After the death of Dudu Miah his son Siraj Miah became owner of the land by way of succession. Then he sold the land to A.M. Mujibur Rahman and 10 others vide Deed of Sale No. 4942 dated 25.08.1999.

The Present owners Mr. Mr. B and Mr. Mr. Chave become owner of the land by way of purchase from Mushfiqul Mujib, Nujhat Jerin and A. M. Mujibur Rahman vide Deed of Sale No. Deed of Sale No. 4686 dated 04.08.2004 wherein i. Mushfiqul Mujib, and ii. Nujhat Jerin were represented by their constituted attorney A.M. Mujibur Rahman.
9. Ground Rent Receipt : Ground rent receipt No. 302336, 265400 have been submitted from which it appears that ground rent has been paid up to 1411 B.S. in the name of Mushfiqul Mujib for land measuring 0844 ajutangsha.Up to date ground rent receipt for land measuring 0873 ajutangsha should be obtained.
10.

Valuation Certificates

 : Not submitted.
11. Non-Encumbrance Certificate : Not submitted.

Non encumbrance certificate counter signed by concerned Sub-Registrar for last twelve years for land measuring 0873 ajutangsha to be obtained.
12. Municipal Holding Record : Not submitted.Up to date municipal tax payment receipt should be obtained, if applicable.
13. Wanting papers/Documents : a)      C.S. Khatian No. 35, S.A. Khatian 39 and their corresponding R.S. Khatian, Mahanagar Jarip Parcha No. 782.

b)      Up to date ground rent receipt for land measuring 0873 ajutangsha.

c)      Non encumbrance certificate counter signed by concerned Sub-Registrar for last twelve years for land measuring 0873 ajutangsha..

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

e)      Valuation certificate.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Mr. B and Mr. C have 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 the present owners over the said land. Bank may obtain papers/documents referred in Clause 13. In case of instant failure to provide Mutation Parcha by the landowners, Bank may obtain a Letter of Undertaking from the landowners through which they undertake to submit the same to the Bank within a certain period otherwise they shall be criminally liable. Since Mr. Mr. Cintend 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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