Our Ref: LJ/PJ/06/2006
Dated: June 13, 2006
RE: VETTING OF PROPERTY DOCUMENTS/PAPERS
A/C. COMPANY 1
We refer to your letter dated 16.04.2006 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||:||Mrs. A wife of Mr. B daughter of Mr. X of House No. 4, Road No. 3, Sector No. 7, Uttara, Dhaka|
|2.||Description of the property||:||All that piece and parcel of land measuring 35 decimal situated within District Gazipur, P.S. & Sub-Registry Office Gazipur Sadar, Mahal 9, J.L. No. Sabek-140, Hal-77, Mouza Hydrabad, under C.S. Khatian No. 562, S.A. Khatian No. 1297, R.S. Khatian No. 248, C.S. & S.A. Dag No. 437, R.S. Dag No. 823, which is butted and bounded by:On the North : Sold land of Akkas Ali and RoadOn the South : Sold land of Keramat Ali
On the East : Land of Alkas Ali and Almas Ali
On the West : Road and land of Harun Or Rashid
|4.||Title Deed||:||Certified copy of Deed of Sale No. 13751 dated 12.06.05 executed by Md. Joynal Abedin and Md. Jalal Uddin in favour of Mrs. A without delivery receipt.|
|5.||Bia Deed||:||i) Photocopy of certified copy of Deed of Sale No. 3975 dated 18.07.1951 executed by Aklimannesa Bibi in favour of Hamidullah Miah.
ii) Deed of Sale No. 1012 dated 05.02.1962 executed by Hamidullah in favour of Abdul Rahman.
iii) Photocopy of certified copy of Deed of Sale No. 1013 dated 05.02.1962 executed by Hamidullah in favour of Joynal Abedin.
iv)Photocopy of Hiba-bil-Iwaz No. 13051 dated 26.11.1979 executed by Haji Abdur Rahman in favour of Md. Joynal Abedin and Md. Jalal Uddin.
|6.||Mutation||:||Mutation Khatian No. 1297/931 certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that land measuring 35 decimal under S.A. Dag No. 437 and R.S. Dag No. 823 have been mutated in the name Mrs. A vide Mutation and Separation Case No. 1585/05-06 dated16.08.2005.|
|7.||Khatian||:||Not submitted.C.S. Khatian No. 562, S.A. Khatian No. 1297, R.S. Khatian No. 248 should be obtained.|
|8.||Chain of Ownership||:||Without perusing all relevant Khatians (C.S., S.A. & R.S.) it is difficult to ascertain the absolute chain of ownership.
However, upon perusing of the submitted bia deeds/title deed the following chain of ownership can be drawn:
Aklimannesa Bibi became owner of the land measuring 124 decimal under Dag No. 437 by way of inheritance from her father C.S. tenant Sadek Munshi. Subsequently, she sold the said land to Hamidullah Miah vide Deed of Sale No. 3975 dated 18.07.1951.
Thereafter, Abdul Rahman alias Rahman and Joynal Abedin purchased the land measuring 17½ decimals each from Hamidullah Miah vide Deed of Sale No. 1012 & 1013 both dated 05.02.1962. Then Abdur Rahman gifted his land measuring 17.50 decimal to his sons Md. Joynal Abedin and Jalal UddinvideHiba-bil-Iwaz No. 13051 dated 26.11.1979.
Mrs. A has become the present owner of the land measuring 35 decimal from Md. Joynal Abedin and Md. Jalal Uddin vide Deed of Sale No. 13751 dated 12.06.05.
|9.||Ground Rent Receipt||:||Ground rent receipt No. L 619356 has been submitted from which it appears that ground rent has been paid up to 1412 B.S. in the name of Mrs. A for land measuring 35 decimal.|
|10.||Valuation Certificates||:||Not submitted.|
|11.||Non-Encumbrance Certificate||:||Non-encumbrance certificate counter signed by concerned Sub-Registrar from 1994 to 2005 for land measuring 35 decimal has been submitted.|
|12.||Municipal Holding Record||:||Not submitted.|
|13.||Wanting papers/Documents||:||a) Delivery receipt duly discharged by the sellers relating to the Deed of Sale No. 13751 dated 12.06.2005 in order to collect the same from concerned Sub-registry office.b) C.S. Khatian No. 562, S.A. Khatian No. 1297 and R.S. Khatian No. 248.
c) Up to date non-encumbrance certificate.
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 Mrs. A has acquired prima facie right, title and interest over the land measuring 35 decimals. The land may be accepted as security of loan after ascertaining her physical possession over the said land. The papers/documents referred in Clause 13 above should be obtained.Please note that since Mrs. A intends to mortgage her land as third party so her 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.
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
All papers/documents referred to us are returned herewith.