Vetting of property documents related Company

Our Ref: LJ/PJ/04/2006

Dated: April 31, 2006

Mr. ASenior Principal Officer

Bank 1

Gulshan Branch

97, Gulshan Avenue

Dhaka

 Mr. BSenior Assistant Vice President & Manager

Gulshan Branch

97, Gulshan Avenue

Dhaka

Dear Sirs,

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. C wife of Mr. X daughter of Mr. Y, House No. 4, Road No. 3, Sector – 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. and S.A. Dag No. 437, R.S. Dag No. 823 butted and bounded by:On the North :  Land of Akkas Ali and Road

On the South : Land of Keramat Ali

On the East   :   Land of Alkas Ali and Almas Ali

On the West  : Road and land of Harun Or Rashid
3. Area : 35 decimal
4. Title Deed : Certified copy of Deed of Sale No. 13751 dated 12.06.05 executed by a. Md. Joynal Abedin, and b. Md. Jalal Uddin in favour of Mrs. C.
5. Bia Deed : a.       Deed of Sale No. 3975 dated 18.07.1951 executed by Aklimannesa Bibi in favour of Hamidullah Miah.

b.      Deed of Sale No. 1012 dated 05.02.1962 executed by Hamidullah in favour of Abdul Roksan.

c.       Certified copy of Deed of Sale No. 1013 dated 05.02.1962 executed by Hamidullah in favour of Joynal Abedin.

d.      Hiba Bil Iwaz No. 13051 dated 26.11.1979 executed by Haji Abdur Rahman in favour of a. Md. Joynal Abedin and b. Jalal Uddin.
6. Mutation : Mutation Khatian No. 1297/931 certified by Assistant Commissioner of Land, DCR and Proposal Sheet have been submitted from which it appears that land measuring 98 decimal under S.A. Dag No. 437 and R.S. Dag No. 823 have been mutated in the name Mrs. C 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 it is difficult to ascertain the complete chain of ownership.

Upon perusal of Deed of Sale No. 3975 dated 18.07.1951 it appears that 01 acre 24 decimal under C.S. Khatian No. 562, Dag No. 437 was originally owned by Aklimannesa Bibi.

Aklimannesa Bibi sold the land to Hamidullah Miah vide Deed of Sale No. 3975 dated 18.07.1951.

Hamidullah Miah sold land measuring 17.50 decimal and 17.50 decimal to Abdul Roksan alias Rahman and Joynal Abedin respectively vide Deed of Sale No. 1012, 1013 both dated 05.02.1962.

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. C has become 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 have been submitted from which it appears that ground rent has been paid up to 1412 B.S. in the name of Mrs. C 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.Up to date non-encumbrance certificate to be obtained.
12. Municipal Holding Record : Not submitted.Up to date municipal tax payment receipt, if applicable should be obtained.
13. Wanting papers/Documents : a)      C.S. Khatian No. 562, S.A. Khatian No. 1297, R.S. Khatian No. 248.

b)      Up to date non-encumbrance certificate.

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

d)      Valuation certificate.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Mrs. C 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 the present owner over the said land and may obtain papers/documents referred in Clause 13.Since Mrs. C 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.

Thanking you.

Yours faithfully

(_______________)Barrister-at-Law (__________________)Advocate

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