Vetting of property documents related Rajuk

Ref.: LJ/PJ/12/2006

Dated: December 12, 2006

Mr. A

Manager Developer Relation &

Channel Support Mortgage Loan

Bank 1

102, Gulshan Avenue

Dhaka-1212

Dear Sir,

RE: VETTING OF PROPERTY DOCUMENTS ON ACCOUNT OF MR. B & MRS. C

We refer to your letter dated 07.12.2006 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. Owner of the property : (1) Mrs. D, wife of Mr. X (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. Hall son & daughters of Mr. X of House No.8, Road No.9A, Sector No.7, Uttara Model Town, Dhaka-1230
Description of the property : All that piece and parcel of land measuring 499 (four hundred ninety nine) Sq. Yds 7 (seven) Sft. more or less situated in Uttara Residential Model Town of the Dhaka Improvement Trust now RAJUK in the Sub-Registration District Dhaka, Mouza-Faidabad, P. S. Gulshan now Uttara being Plot No.8, Road No.9A of Sector No.7 of the Layout Plan of Uttara Residential Model Town Prepared by the Dhaka Improvement Trust (DIT) now RAJUK, Dhaka
3. Area : Land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft
4. Title Deed Referred : The present owners namely, (1) Mrs. Mrs. D, wife of Mr. X (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. Hall son & daughters of Mr. Y became owner of land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft by way of inheritance from husband of SL. No.1 and father of SL. No.2-5 named  Mr. J and in this regard Lease No.2580 executed on 30.06.1982 and registered on 10.07.1982 in the name of Mr. J has been submitted.
5. Bia Deed : Not submitted
6. Mutation : Submitted Memo No. RAJUK/ESTATE/5738 STHA dated 30.08.2006 issued by Assistant Director  (Estate), Rajdhani Unnayan Kartripakkha, Dhaka from which it appears that Plot No.8, Road No.9/A, Sector No.7, Uttara Residential Area, Dhaka have been mutated in the names of (1) Mrs. Mrs. D, (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. H as lessee instead of previous lessee with RAJUK instead of Mr. J.Mutation khatian in the names of present owners from Land Revenue Authority should be obtained.
7. Khatian : Not required.
8. Chain of Ownership : Mr. Mr. J originally was leased out the land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft by The Dhaka Improvement Trust (DIT) now RAJUK vide Indenture of Lease No.2580 executed on 30.06.1982 and registered on 10.07.1982.Thereafter, the present owners namely, (1) Mrs. Mrs. D, (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. Hbecame owner of the said land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft by way of inheritance from husband of SL. No.1 and father of SL. No.2-5 named Mr. J
9. Ground Rent Receipt : Submitted ground rent payment receipt No.333482 it appears that land measuring .1033 decimals under dag No.8, Road No.9A, Uttara Residential Area, Dhaka rent paid up-to 1413 B. S. in the name of Mr. J
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Submitted Non-encumbrance certificate along with Govt. receipt No.96522 dated 16.10.2006 issued by Md. Akhtaruzzaman, Deed Writer and Searcher, S. R. Office, Mohammadpur, Dhaka from which it appears that land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft under Plot No.8, Road No.9A, Sector No.7 which appears that the land is unencumbered from 1994 to 2006
12. Municipal Holding Record : Submitted Dhaka City Corporation Tax payment receipt No.314609 it appears that tax paid up-to 2004-2005 in the name of Mr. Mr. J of House No.8, Road No.9/A, Sector No.7, Uttara, Dhaka
13. Wanting papers/Documents :
  • Mutation Khatian from Land Revenue Authority
  • Valuation Certificate;

At the time of execution of Sale Deed:

Permission from RAJUK to transfer the property to Md. Anwarul Haque Chowdhury;

At the time of execution of Mortgage Deed:

Permission from RAJUK to mortgage the property by Md. Anwarul Haque Chowdhury in favour of the Bank;
14. Opinion : Upon perusal of the documents/papers we are of the opinion that the present owners (1) Mrs. D, (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. H has acquired prima facie ownership over the land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft. Physical possession of the present owners over the said land should be ascertained and document/paper referred in Clause 13 above should be obtained.From Irrevocable General Power of Attorney No.20119 date 04.09.2006 it appears that  (1) Mrs. D, (2) Mr. E (3) Ms. F (4) Ms. G (5) Ms. H (Landowners) appointed BASHGREHO BUILDERS LTD, represented by its Managing Director Mr. Moin Rashid of House #138(Gr. Floor), Road #13. Block # E, Banani, Dhaka-1213 (the DEVELOPER) as their constituted attorney empowering its to develop the land measuring 499 (four hundred ninety nine) Sq. Yds 7(seven) Sft by way of constructing 6(six) storied residential building and sell the same to intending purchasersas per provisions of the Agreement executed earlier between Landowners and developers. The said Power of Attorney was accepted by RAJUK vide memo No.RAJUK/ESTATE/6648 STHA dated 08.10.2006 issued by Assistant Director (Estate), Rajdhani Unnayan Kartripakkha, Dhaka.From the said Power of Attorney it also appears that the landowner will get 4(four)  flats i.e 3(three) apartments on 5th floor and  1(one) apartment on the 3rd floor and 4(four) Car parking space in the ground floor and the Developer will get remaining flats and remaining Car parking spaces with undivided and undemarcated proportionate land.

We have been provided with a unregistered Deed of Agreement for Sale dated 05.04.2006 it appears that Mr. Md. Anwarul Haque Chowdhury will purchase an apartment being No.1-D measuring 2411 (two thousand four hundred eleven) Sft. (South-West Side) on the 1st Floor of the 6(six) storied Building alongwith undivided and undemarcated proportionate land measuring _______kathas out of 6.25 with 1(one) Car park in the ground floor of the Building situated at House No.8, Road No.9/A, Sector No.7, Uttara, Dhaka from Bashgreho Builders Limited represented by its Chairman Mr. Fazle Rabbani (Developer).

However, upon obtaining registered Agreement for Sale executed by and between the borrower Md. Anwarul Haque Chowdhury and Landowner through his constituted attorney-Developer, then the Bank may finance to the borrower Md. Anwarul Haque Chowdhury on the basis of a Tripartite Agreement stipulating inter alia that within a certain period after registration of the apartment in the name of Md. Anwarul Haque Chowdhury, he will create mortgage over the same in favour of the Bank.

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

If you have any further query, please do not hesitate to revert back to us.

The file with all documents/papers referred to us are returned herewith.

Thanking you.

Yours faithfully,

(_________________)                                                    (__________________)

Barrister-at-Law                                                                          Advocate

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