Dated: June 04, 2004
Golden Plaza (1st floor)
Purba Aganagar, Keraniganj
RE: VETTING OF PROPERTY DOCUMENTS A/C: COMPANY 1
We refer to your letter dated 13.04.2004 on the above subject.
We have perused the papers/documents (all original copies) referred to us. Our opinion is as follows:
|Owner of the property
|:||Mr. B son of _____________________ of having present address at Nur Market, Char kaligonj, Olinagar, Road (Goli) No. 3, House no. 2, P.S. Keranigonj, Dist. Dhaka having permanent addres at Village Shikder kandi, P.O. Panchar, P.S. Shibchar, Dist. Madaripur.|
|2.||Description of the property
|:||All that piece and parcel of land measuring 6.25 decimal situated wihin District Dhaka, P.S. & Sub-Registration Keraniganj, J.L. No. 430, Mouza Kaliganj, Khatian No. C.S. 9, 14, Khatian No. S.A. Sabek 121 Hal 100, Sabek 127 Hal 106, Dag No. C.S. 8, S.A. 7 which butted and bounded by:On the North: Plot No. 09 and 07
On the South: Road No. 02
On the East: Road
On the West: Plot No. 08
|4.||Title Deed Referred||:||Deed of Sale No. 5062 dated 07.05.2002 executed by (a) Aminur Rahman Khan, (b) Anisur Rahman Khan and (c) Ashiqur Rahman Khan in favour of Md. Ratan Hawlader.|
|5.||Bia Deed||:||a. Deed of Sale No. 548 dated 01.02.51 executed by Borhan Miah in favour of Mohammad Mohiuddin Miah and others.b. Deed of Sale No. 2369 dated 16.05.1945 executed by Kalu Miah in favour of Borhan Miah.
c.Deed of Sale No. 3213 dated 15.06.1989 executed by Mohammad Shajahan Miah in favour of Aminur Rahman Khan.
d.Deed of Sale No. 9407 dated 24.12.1994 executed by Atiqur Rahman in favour of Aminur Rahman Khan and others.
|6.||Mutation||:||Submitted Mutation Khatian No. 98/ and proposal sheet along with DCR from which it appears that land measuring .0625 under Dag No. 7 and 8 has been mutated in the name of present owner Md. Ratan Hawlader vide Mutation and Separation Case No. 3688/02 dated 29.06.2002.|
|7.||Khatian||:||Submitted Khatian No. S.A. Sabek 127|
|8.||Chain of Ownership
|:||Without perusing all relevant Khatians and bia deeds, it is difficult to ascertain the complete chain of ownership.However, some land under Khatian No. C.S. _____Dag No. 08, recorded in the name of Abdul Samad.
After the death of Abdul Samad, his wife Rosan Banu, sons Matiar Rahman Mia, Muhammad Shahajahan, daughter Abedan Nesa became owner of the deceased and recorded their name in the S.A. operation same.
Some land under Khatian No. C.S. _____ Dag No. 07 recorded in the name of Ramjan, Mafizuddin, Kalachand, Julfikar and Felu.
In the S.A. operation land of Dag No. 07 recorded in the name of Salauddin, Bajlur Rahman, Fazlur Rahman, Gol Banu, Rashida Kahtun, Yousuf miah, Tasurannesa, Mohiuddin Mmohammad Shahjahan.
Jahanara Begum become owner of land measuring 3.13 acre from Matiar Rahman, Shahjahan Miah, Khadji Khatun successor of ‘Rosan Banu and Abedannesa’ vide Deed of Sale No. 575, 576, 747 all dated 21.01.1960.
Jahanara Begum became owner of land under Dag No. 7 from Mohammad Yousuf Miah, Mohammad Yakub Miah, Mohiuddin, Borhan Miah, Mst Tasurannesa, Gol Banu Bibi, and ‘Salauddin, Bazlur Rahman, Fazlur Rahman’ vide Deed of Sale No.
The present owner, Mr. Sayeed Motahar Hossain 3 others was leased out 327.78 sq.yds of land by the Govt. of the People’s Republic of Bangladesh vide Indenture of Lease Deed No. 4056 dated 10.09.79.Thereafter they constructed 6-storied building on the same land
Subsequently the present owner, Mr. Sayeed Motahar Hossain got his share 3 (three) flats being No. ground floor East side, 2nd floor West side and 4th floor East side.
|9.||Ground Rent Receipt||:||Submitted ground rent receipt No. C 81919312 from which it appears that ground rent has been paid up to 1409 B.S. for land measuring .0625 ajutansha in the name of present owner Md. Ratan HawladerUp to date ground rent receipt must be obtained.|
|11.||Non-Encumbrance Certificate||:||Not submitted.Up to date Non-encumbrance certificate should be obtained.|
|12.||Municipal Tax Payment Receipt||:||Not submitted|
|:||a) Mutation record in the name of the present owner, Mr. Sayed Motahar Hossain with the Ministry of Housing and Public Works and the Revenue Authority.b) Permission of Govt. to mortgage the land in favour of Premier Bank Limited, Dhanmondi Branch
c)Up to date ground rent receipt.
d)Up to date Non-encumbrance certificate.
e) Municipal holding tax payment receipt.
|14.||Opinion||:||Upon perusal of the documents/papers, we are of the opinion that the present owner has acquired prima facie ownership over the property in question subject to obtaining the mutation parcha. The land may be accepted as security of loan upon ascertaining physical possession of the present owner over the said land and obtaining documents/papers referred in Clause 13 above.Note that a portion of the building is mortgaged with Bangladesh House Building Finance Corporation and Agrani Bank as security of loan. In such situation it is advisable that before taking the property as security of loan the present owner should be asked to get property redeemed from mortgage and obtained Deed of Redemption.|
Should you have any further query please do not hesitate to revert back to us.
All papers/documents referred to us are returned herewith.
The Lawyers & Jurists
M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.