Vetting on property documents related Public Land

Our Ref.: LJ/PJ/07/2006

Dated: August 01, 2006

The Manager Consumer Credit Risk

Personal Financial Services

Bank 1

Dhaka Main Office: Anchor Tower

1/1-B, Sonargaon Road

Dhaka-1205

Dear Sir,

RE:     Vetting on property documents A/c. Mr. M.

We refer to your letter dated 03.07.2006 on the above subject.

We have perused the documents/papers (all photocopies) referred to us. Our opinion is as follows:

1.

Owner of the property:1) Mr. A, son of Mr. X, 2) Mrs. B daughter of Mr. A, both of Village-Palashi, P.O. Rahita, P.S. Monirumpur, District- Jessore Presently residing 69 Janata Housing Society, Ring road, P.S. Mohammedpur, District-Dhaka. 3) Mr. C, 4) Mr. D both son of Mr. Y of village and P.O. Pankharchar, P.S. Lohagora, District- Narail.2.Description of the property:All that piece and parcel of land measuring 400 square yards or .0825 acres or 5 kathas out of total 10 Kathas situated within District Dhaka, P.S. Mohammadpur, Sub-Registrar Office-previously Dhaka Sadar now Mohammadpur, Dhaka Collectorate Touzi No. 1309, J.L. No. Sabek-239 Hal-2, Revenue Survey No. 764, Mouza Uttar Adabar, Shabek Khatian No. 52, 55, 56, 60, 74, Sabek Dag No. 358 & 359, Attested Math Parcha No. 2230, 2380, D. P. No. 284, 1044, Hal Dag No. 2268,  2267,  2266/2462 covering part of any of the original Dag Nos. 95, 125, 131, 135, 136, 137, 138, 139 (Part), 140 (Part),butted and bounded by:On the North :  Plot No. 257 purchased by Nizam UddinOn the South :  Plot No. 359 and 359/1 of Rawshan Ara and others.

On the East   :  50’ Wide Road of City Corporation

On the West  :  Plot No. 363 of Road No. 5 of the City Corporation

Please note that as per title deed the dag numbers are 358 and 359, but as per Bai-deed and biananama, dags numbers are Dag Nos. 95, 125, 131, 135, 136, 137, 138, 139 (Part), 140 (Part). The seller should be asked to clarify the matter and the number of dags and number of relevant khatians should be confirmed.

Please also note that R. S. dags corresponding to C. S. & S. A Dags should be ascertained and the same should be incorporated in the schedule of the land.3.Area:400 square yards or .0825 acres or 5 kathas.4.Title Deed Referred:Certified copy of Deed of Sale No. 482 dated 14.02.2000 executed by 1) Mosammat Umme Kulsum alias Ruby, 2) Mosammat Hosney Ara Begum alias Rehena in favour of 1) Mr. A, 2) Mrs. B 3) Mr. C, 4) Mr. D.5.

Bia Deed:1.      Deed of Heba bel Awaz No. 21460 Dated 17.06.78 executed by Mr. Md. Lutfar Rahaman in favour of Mosammat Umme Kulsum alias Ruby.2.  Deed of Heba bel Awaz No. 21459 Dated 17.06.78 executed by Mr. Md. Lutfar Rahaman in favour of Mosammat Hosney Ara Begum alias Rehena.3.      Deed of Sale No. 2055 Dated 28.02.62 followed by deed of Rectification 5101 dated 21.09.1973 executed by Baitul Aman Co-operative Housing Society Limited in favour of Mr. Lutfur Rahman.6.Mutation Mutation parcha certified by Assistant Commissioner of Land along with DCR and proposal sheet has been submitted from which it appears that land measuring .0825 acres under Dag No. 128 has been mutated in the name of 1) Mr. A, 2) Mrs. B 3) Mr. C, 4) Mr. D under Mutation and Separation Case No. 6762/2000 dated 29.05.2000.Please note that mutation dag number does not matching with dag numbers mentioned in the schedule above.

R. S. mutation parcha in the name of the present owner certified by Assistant Commissioner of Land must be obtained.7.Khatians :Submitted D.P. Khatian No. 284 and 1044.Please note that C. S., S. A. & R. S. Khatians have not been submitted which require to be obtained.8.Chain of Ownership:Without perusing C. S., S. A. & R. S. Khatians and some bia-deed(s) it is difficult to ascertain the complete chain of ownership of the property. However, only on the basis of submitted documents, the following chain ownership can be ascertained:Mr. Lutfur Rahman purchased the land measuring 400 square yards or .0825 acres under Dag No. 358 & 359 from of Baitul Aman Co-operative Housing Society Ltd. represented by its Secretary Mr. S.M. Yusuf Nagbhi vide Deed of Sale No. 2055 dated 28.021.1962 followed by deed of Rectification 5101 dated 21.09.1973.

Please note that no deed/documents showing title of Baitul Aman Co-operative Housing Society Ltd. has been referred to us.

Mr. Lutfur Rahaman transferred 2 kathas of land under Plot No. 358 & 359 by way of hiba bil iwaz to his daughter Mosammat Hosney Ara Begum alias Rehena vide Deed of Heba bel Awaz No. 21459 dated 17.06.78.

Mr. Lutfur Rahaman transferred 3 kathas of land under Plot No. 358 & 359 by way of hiba bil iwaz to his daughter Mosammat Umme Kulsum alias Ruby vide Deed of Heba bel Awaz No. 21460 dated 17.06.78.

From D.P. Khatian No. 284 it appears that the land measuring 04.80 decimals under Dag No. 2268 & 2267 was recorded in the name of Mosammat Umme Kulsum alias Ruby.

Please note that in the aforesaid D.P. Khatian No. 284, two dags have been mentioned against only one land, which is confusing. As such out of two dags, only one dag should be ascertained.

From D.P. Khatian No. 1044 it appears that the land measuring 03.20 and 00.96 decimals under Dag No. 2267 and 2266/2462 respectively was recorded in the name of Mosammat Hosne-ara Begum.

Thereafter 1) Mr. A 2) Mrs. B 3) Mr. C and 4) Mr. D purchased the land measuring .0825 acres under Dag No. 358 & 359 from Mosammat Umme Kulsum alias Ruby and Mosammat Hosney Ara Begum alias Rehena vide the Deed of Sale No. 482 Dated 16.02.2000.9.Ground Rent Payment Receipt:Ground rent receipt No. 009468 has been submitted from which it appears that ground rent has been paid up to 1409 B.S. in the name of Mr. Md. Shafiul Alam for land measuring .0825 acres.Ground rent payment receipt showing payment of rent up to current year i.e. 1413 B.S. is required. 10.Valuation Certificates :Not submitted. Valuation certificate may be obtained.11.Non-Encumbrance Certificate:Not submitted. Non-encumbrance certificate for at least 12 years up to current year must be obtained.12.Municipal Holding Record:Not submitted. Municipal tax payment receipt may be obtained, if applicable.13.Wanting papers/Documents Mandatory:

  • Non-encumbrance certificate for at least 12 years up to current year.
  • R. S. mutation parcha in the name of the present owner certified by Assistant Commissioner of Land.
  • Clarification as mentioned in the clause 2, 6 & 8 herein above.
  • C. S., S. A. & R. S. Kantians.

Optional:

  • Bia-deed showing the title of Baitul Aman Co-operative Housing Society Ltd.
  • Ground rent payment receipt showing payment of rent up to current year i.e. 1413 B.S.
  • Municipal tax payment receipt, if applicable.
  • Valuation certificate.

14.Opinion:Upon perusal of the documents/papers (all photocopies), we are of the opinion that 1) Mr. A 2) Mrs. B 3) Mr. C and 4) Mr. D (the ‘Landowners’) has acquired prima facie ownership over land in question. Physical possession over the land should be ascertained and documents/papers referred in Clause 13 above should be obtained.Subsequently IONIC BUILDERS LTD. (the “Developer”) entered into an agreement with the Landowners to construct a eight-storied building on the aforesaid land on condition that the landowners shall get 5 apartments (out of which 3 apartments type-A in the 3rd, 4th and 6th floor, and 2 apartments Type-B in the 1st and 4th floor) and 4 car parking space and the   Developer shall get the remaining 9 apartments & car parking spaces vide Agreement for Construction of 8-storied Building on Plot No. 358 dated 01.01.2003. If RAJUK permit to construct 6 storied building in place of 8 storied building, the landowners 4 apartment in lieu of 5 apartment and the Developer shall get 6 apartments in lieu of 9 apartments.

The Landowners has appointed the Developer as their constituted Attorney empowering it inter alia to construct six storied building on the said 4.78 kathas of land and to sell its 6 apartments and 6 car parking space alongwith proportionate land to the prospective buyers vide Power of Attorney No. 3130 dated 27.09.2004.

Mr. Morshed Ahmed Khan entered into an Agreement with the Landowners through their Attorney, the Developer to purchase an Apartment being No. 5B comprising 1,350 sft. on the 5th floor (Western Side) of the six storied Apartment Building namely ‘IONIC CROWN’ vide Deed of Agreement dated 28.01.2004.

The aforesaid was required to be registered with the concerned Sub-Registrar Office by June 30, 2006.

Subsequently Mr. Morshed Ahmed Khan assigned his right, title and interest over the said Apartment to Mr. M vide Agreement For Transfer dated 29.06.2006 and the Developer accepted Mr. M as Assignee of Mr. Morshed Ahmed Khan and agreed to execute Deed of Sale in favour of Mr. M within 30 days i. e. within July 30, 2006 vide Tripartite Agreement dated 28.06.2006.

In such situation Bank may directly finance to Mr. M, at the date of execution of deed of sale in favour of Mr. M by the Developer and creation of mortgage in favour of Bank by Mr. M.

Please note that we have provided this opinion on the basis of the documents/papers referred to us. We do not confirm the genuineness of submitted documents or encumbrance of the property. You are requested to verify the genuineness of the documents from the concerned   Sub-Registry or relevant authorities.

As requested by you, the drafts of the following documents are enclosed herewith:

2.      Deed of Mortgage with Affidavit and

3.      Irrevocable General Power of Attorney to sell the mortgaged property with Affidavit

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

All papers/documents referred to us are returned herewith.

Thanking you.

Yours faithfully,

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

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