Vetting of property documents related Company

Our Ref.: LJ/MH/10/2007

Dated: October 08, 2007

Mr. ASenior Manager

Structured Finance

Bank 1

Uday Tower (1st floor)

Plot No. 57 & 57/A

Gulshan Avenue (South)

Gulshan Circle- 1

Dhaka- 1212

 Mr. BManager

Structured Finance

Bank 1

Uday Tower (1st floor)

Plot No. 57 & 57/A

Gulshan Avenue (South)

Gulshan Circle- 1

Dhaka- 1212

Dear Sir(s),

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

We refer to your letter dated 01.10.2007 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 : Company 1, Registered Office at 30, Tejgaon Industrial Area, P.S. Tejgaon, Dhaka – 1208 and Present Addressat House No. 56, Road No. 8/A, Dhanmondi Residential Area, P.S. Dhanmondi, Dhaka.
2. Description of the property : All that piece and parcel of land measuring 81 (eighty one) decimal out 95 (ninety five) decimals situated within District Narayanganj, P.S./Upajilla Sonargaon, Sub-Registry Office-Baidderbazar, Union Kanchpur, J.L. No. C.S. 141 R.S. 01, Mouza Kanchpur under the following khatians and dags:
Khatian Nos. Dag Nos. Area of Land(In Decimals)
C. S. S. A. R. S. C. S./S. A. R. S.
230 243 100 24 57 9.50
67 – 101 25 60 10.50
245 259 647 26 61 10
26 62 13
173 185 81 56 66 26
91 99 362 28 58 12
3. Area : Land measuring 81 (eighty one) decimal out 95 (ninety five).
4. Title Deed Referred : Certified copy of Deed of Sale No. 890 dated 12.02.07 executed by Md. Mofazzal Hossain in favour of Company 1 with duly discharged delivery receipt.
5. Bia Deed : a.       Deed of Sale No. 22206 dated 01.10.1985 executed by Abdur Rahim in favour of Md. Mofazzal Hossain and Sami Ahammad.

b.      Deed of Sale No. 5188 dated 13.03.1984 executed by Alhaj Mohammad Nur Hossain in favour of Md. Mofazzal Hossain and  03 (three) others.

c.       Deed of Sale No. 22125 dated 03.10.1985 executed by Abdur Rahim in favour of Md. Mofazzal Hossain and Sami Ahammad.

d.      Deed of Sale No. 5318 dated 14.03.1984 executed by Alhaj Mohammad Nur Hossain and Aman Miah in favour of Md. Mofazzal Hossain and Sami Ahammad and 02 others.

e.       Deed of Sale No. 22538 dated 08.10.1985 executed by Abdur Rahim and Nazimur Rahman in favour of Md. Mofazzal Hossain and Sami Ahammad

f.        Deed of Sale No. 22252 dated 02.10.1985 executed by Abdur Rahim and Nazimur Rahman in favour of Md. Mofazzal Hossain and Sami Ahammad.

g.       Deed of Sale No. 5269 dated 14.03.1984 executed by Hazi Nur Hossain and 02 others in favour of i) Md. Mofazzal Hossain, ii) Sami Ahammad, iii) Abdur Rahim, iv) Nazimur Rahman.

h.       Deed of Sale No. illegible dated 18.12.1984 executed by Abdul Aziz in favour of i) Md. Mofazzal Hossain, ii) Sami Ahammad, iii) Abdur Rahim, iv) Nazimur Rahman.
6. Mutation : Mutation Parcha certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that land measuring 81 decimals under R.S. Dag No. 57, 60, 61,62, 58, 66 have been mutated in the name of Company 1 vide Mutation and Separation Case No. 4930/2006-07 dated 01.07.2007.
7. Khatian : C.S. Khatian No. 230, 67, 245, 173, 91, S.A. Khatian No. 243 corresponding to C.S. Khatian No. 230, S.A. Khatian No. 185 corresponding to C.S. Khatian No. 173, S.A. Khatian No. 99 corresponding to C.S. Khatin No. 92/1, R.S. Khatian No. 100, 101, 647, 81, 362 have been submitted.

S.A. Khatian No.259 and S.A. Khatian No. 58 (corresponding to R.S. Khatian No.101) have not been referred to us. Bank should obtain S.A. Khatian No.259 and S.A. Khatian No. 58 (corresponding to R.S. Khatian No.101). Please note that according to Title Deed, S.A. Khatian No. 99 corresponds to C.S. Khatin No. 91 but upon perusal of S.A. Khatian it appears that it corresponds to C.S. Khatian No. 92/1. Landowner is to clarify the matter.
8. Chain of Ownership : Upon perusal of C.S. Khatian No. 230 it appears that land measuring 41 decimal under Dag No. 24 along with other lands under another dag was recorded in the name of Ram Kumar Mandol.

Upon perusal of Deed of Sale No. 22252 dated 02.10.85 it appears that Jatindra Chandra Biswas became owner of the land measuring 30 decimal  out said land measuring  41 decimal and sold the same to Mafizuddin vide Deed of Sale No. 2504 dated 16.03.53. Please note that we have not been provided with the said deed of sale.

From S.A. Khatian No. 243 it appears that land measuring 30 decimal under Dag No. 24 along with other lands under separate dag was recorded in the name of Kamini Das and Mafizuddin.

Subsequently, Mafizuddin sold his land to Abdul Aziz vide Deed of Sale No. 886 dated 29.01.1962. Please note that we have not been provided with the said deed of sale. From R.S. Khatian No. 100 it appears that land measuring 17 decimal under Dag No. 57 along with other lands under separate dag was recorded in the names of Abdul Aziz and others.

From C.S. Khatian No. 67 it appears that land measuring 30 decimal under Dag No. 25 along with other lands under separate dags was recorded in the name of Utthap Chandra Mandol, Madhab Chandra Mandol, Parban Chandra Mandol.

Upon perusal of Deed of Sale No. 22252 dated 02.10.85 it appears that subsequently Kiran Bala Biswas became owner of the land and sold the same to Abdul Aziz vide Deed of Sale No. 5094 registered in the year 1953. Please note that we have not been provided with the said deed of sale.

From R.S. Khatian No.101 it appears that land measuring 18 decimal under Dag No.60 was recorded in the name of Abdul Aziz.

It appears from Deed of Sale No. 890 dated 12.02.07 that thereafter, Md. Mofazzal Hossain, Sami Ahmed, Abdur Rahim and Naimur Rahman purchased land measuring 30 decimal under C.S. Dag No. 24 and land measuring 21 decimal under C.S. Dag No. 25 from Abdul Aziz vide Deed of Sale No. 26393 dated 18.12.1984. Subsequently, Md. Mofazzal Hossain and Sami Ahmed purchased the portion of Abdur Rahim and Naimur Rahman i.e. land measuring 9.50 decimal (under C.S. Dag No. 24) and land measuring 10.50 decimal (under C.S. Dag No. 25) from them vide Deed of Sale No. 22252 dated 02.10.1985.

From C.S. Khatian No. 245 it appears that land measuring 82 decimal under Dag No. 26 along with other lands under separate dags was recorded in the names of Ali Matbor and his brother.

From R.S. Khatian No.647 it appears that land measuring 10 decimal under Dag No. 61 and land measuring 13 decimal under Dag No.62 were recorded in the name of Samsul Haque Munshi and Samsuddin. Please note that we have not been provided with S.A. Khatian No. 259 and any documents to establish chain among the C.S., S.A. and R.S. tenants.

It appears upon perusal of Deed of Sale No. 890 dated 12.02.07 that Samsul Haque Munshi and others sold in total 86 decimal under C.S. Dag No. 26, R.S. Dag No. 61 and 62 to Alhaj Nur Hossain and others vide Deed of Sale No. 19254 and 18694 dated 23.07.1981 and 16.07.1981 respectively. Please note that we have not been provided with the said deeds of sale.

Md. Mofazzal Hossain, Sami Ahmed, Abdur Rahim and Nazimur Rahman purchased the land from Alhaj Nur Hossain, Haji Aman Miah, Shafiq Ahmed and Faizur Rahman vide Deed of Sale No. 5269 dated 14.03.1984.  Subsequently, Md. Mofazzal Hossain and Sami Ahmed purchased the portion of Abdur Rahim and Nazimur Rahman vide Deed of Sale No. 22206 dated 01.10.85.

From C.S. Khatian No. 173 it appears that land measuring 126 decimal under Dag No. 56 along with other lands under separate dags was recorded in the name of Pandob Mandol.

From S.A. Khatian No. 185 it appears that land measuring 116 decimal under Dag No. 56 along with other lands under separate dag was recorded in the names  of Ashananda Mallik, Sadananda Mallik, Nripendra Mallik, Nagari Mallik and Chhayera Khatun.

It appears upon perusal of Deed of Sale No. 5188 that Sadanda Mallik and others sold land 58 decimal to Amin Uddin Khan and Abdul Majid vide Deed of Sale No. 173 registered in the year 1968 and land measuring 58 decimal to Ahammad Khan and Abdul Matin vide Deed of Sale No. 174 in the year 1968. Please note that we have not been provided with the deeds of sale.

From R.S. Khatian No.81 it appears that land measuring 1.16 acre under Dag No.66 was recorded in the name of Aminuddin Khan, Abdul Majid Khan, Ahammad Khan and Abdul Matin Khan.

It appears upon perusal of Deed of Sale No. 22125 that then Amin Uddin Khan, Ahammad Khan and others sold land measuring 54 decimal to Alhaj Md. Nur Hossain, Md. Aman Miah, Faizur Rahman and Sajeda Shafique vide Deed of Sale No. 26053 dated 06.11.1979. Thereafter, Md. Mofazzal Hossainand Sami Ahammad purchased land measuring 27 decimal from Alhaj Md. Nur Hossain, Md. Aman Miah, Faizur Rahman vide Deed of Sale No. 22125 dated 13.03.1984.

From C.S. Khatian No. 91 it appears that land measuring 40 decimal under Dag No. 28 along with other lands under separate dags was recorded in the name of Kali Charan Mandol.

It appears upon perusal of Deed of Sale No. 5318 dated 14.03.84 that subsequently Binandra Chandra became owner of the land and sold the same to Zamir Khan vide Deed of Sale No. 4949 in the year 1947.

From S.A. Khatian No. 99 it appears that land measuring 40 decimal under Dag No. 28 along with other lands under separate dag was recorded in the name of Zamir Khan.

From R.S. Khatian No.362 it appears that land measuring 40 decimal under Dag No.58 was recorded in the name of Zamir Khan, Abdul Jalil, Matiur Rahman.

Then Zamir Khan sold land measuring 24 decimal to Alhaj Nur Hossain and Aman Miah vide Deed of Sale No. 26052 dated 06.11.1979. Please note that we have not been provided with the said deed of sale. Alhaj Nur Hossain and Aman Miah sold the land to Md. Mofazzal Hossain, Sami Ahammad, Abdur Rahim and Nazimur Rahman vide Deed of Sale No. 5318 dated 14.03.84.

The present owner has become owner of 81 decimal under the following khatian and dags along with other lands under separate khatian and dags from Md. Mofazzal Hossain vide  Deed of Sale No. 890 dated 12.02.07:
Khatian Nos. Dag Nos. Area of Land(In Decimals)
C. S. S. A. R. S. C. S./S. A. R. S.
230 243 100 24 57 9.50
67 – 101 25 60 10.50
245 259 647 26 61 10
26 62 13
173 185 81 56 66 26
91 99 362 28 58 12
9. Ground Rent Receipt : Ground rent receipt No. U 284264 has been submitted from which it appears that ground rent has been paid up to 1414 B.S. for land measuring .8100 acre in the name of Company 1.
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 81 decimal to be obtained.
12. Municipal Holding Record : Not submitted.Bank should obtain up to date Municipal tax payment receipt, if applicable.
13. Wanting papers/Documents : a)      S.A. Khatian No.259 and S.A. Khatian No. 58 (corresponding to R.S. Khatian No.101).

b)      Non Encumbrance Certificate counter signed by concerned Sub-Registrar for last twelve years for land measuring 81 decimal.

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 Company 1 has acquired prima facie right, title and interest over the land measuring 81 decimals. Physical possession of the present owner over the land should be ascertained. The documents/papers referred in Clause 13 above should be obtained.Bank may accept the property as security of loan by way of mortgage. Please note that certified copy of mortgage deed to be submitted in the RJSC within 21 days of the registration.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 submitted documents with the concerned Sub-Registry Office or concerned authorities.

As per your request we are sending herewith the following 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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