Legal opinion upon vetting of the property documents

Head of the Branch                                           Attn:    X

Dhaka Bank Limited Senior Officer

B.B. Road Branch

Narayangonj

Sub: Legal opinion upon vetting of the property documents standing in the name of Md. Y, on account of M/s Z Plastic Homes.

Dear Sir,

Please refer to your letter vide memo No. DBL/BBL/CR/2009/697 dated 22.07.2009 regarding the captioned subject, and accordingly with your request, we have examined the papers and documents referred to us and our opinion concerning the same is as follows:

01. Owner of the property:

  • Md. Y, son of Hazi Md. Ataur Rahman Permanent Address: Village: Kumar Vog, Police Station-Louhojong, District: Munshigonj, Present Village: 11/4 Shere Bangla Road Maisdar, Police Station: Fatulla, District: Narayangonj.

02.  Description of the property:

SCHEDULE-A

All that piece and parcel of proportionate land measuring 7.89 (seven point eight nine) situated in the District: Narayangonj, Police Station & Sub Registry Office- Fatulla, J. L. No. S.A -45, R. S.-34, Mouza- Masdair, C,S. Khatian No. 40, S.A Khatian No. – 85, R.S. Khatian No – 97, C.S & S.A. Dag No: -457, R.S. Dag No. -888, butted and bounded by:

On the North     :  Road & Fakir Abdur Rab.

On the South     :  Abdur Rahim Talukdar.

On the East       :  Sekander Ali.

On the West     :  Govt. Road.

03. Area:

Total land measuring 7.89 (seven point eight nine) decimals.

04. Title Deed Referred

  • Submitted certified Heba Bil Ewaz Deed No. 7756 dated 14/07/2009, in respect of land measuring 7.89 (seven point eight nine) decimals registered with the Sub Registry Office of Fatullah, Narayangonj, executed by Md. Selim Reza in favour of Md. Y..

05. Bia Deed:

  • Submitted original Saf Kabala Deed No. 2418 dated 23.05.1999 registered with the Sub Registry Office of Fatullah, Narayangonj, executed by Abdur Rahim Talukdar in favour of Md.Selim Reza.
  • Submitted Photocopy of Saf Kabala Deed No. 2712 dated 07.06.1976 registered within the Sub Registry Office, Narayangonj, executed by Ali Hossen, in favour of Abdur Rahim Talukdar.
  • Submitted Photocopy of Saf Kabala Deed No. 2736 dated 09.06.1976 registered within the Sub Registry Office, Narayangonj, executed by Ali Hossen, in favour of Abdur Rahim Talukdar.

06. Mutation:

  • Photocopy of certified copy of Mutation Khatian No. 4539 along with Duplicate Carbon Receipt bearing Page No. ___ of Book No. _____ has been submitted wherefrom it appears that land measuring an area of 7.89 (seven point eight nine) decimals pertaining to Plot No. 888 has duly been mutated in the names of the present owners of the land, Md. Y vide Mutation-Separation Case No. 1157/09-10 dated 31.08.2009, as per R.S. operation.

07. Khatian:

  • Submitted certified copy of C.S. Khatian No. 41 corresponding Dag No. 457.
  • Submitted certified copy of S.A Khatian No. 85 corresponding Dag No. 457.
  • Submitted certified copy of R.S. Khatian No. 97 corresponding Dag No. 888.

08. Ground Rent:

  • Submitted ground rent payment receipt no. _________ rent paid up to 1416 B.S. in respect of 7.89 (seven point eight nine) decimals, in the name of Md. Y.

09. Chain of Ownership:

Regarding the chain of ownership of scheduled Property: It appears from the deeds & documents, that one Mohor Ali purchased the scheduled land through the deferent Saf Kabala Deed on 30.10.1944, 29/12/1944, 21/02/1949, 22/04/1954 from different persons and recorded his name in the R.S. operation. Thereafter said Mohor Ali sold the property to Munsi Kofil Uddin through Saf Kabala deed No. 4514 dated 11/12/1964 registered within the Sub Registry Office, Narayangonj. Thereafter, said Munsi Kofil Uddin sold the schedule property to Ali Hossen through Saf Kabala deed No. 6275 dated 20/06/1968 registered within the Sub Registry Office, Narayangonj and said Ali Hossen recorded his name in the R.S operation. Thereafter, said Ali Hossen  sold the property to  Abdur Rahim  Talukder through Saf Kabal deed No.2712 dated 07/06/1976 & 2736 dated 09/06/1976 registered within the Sub Registry Office, Narayangonj. Thereafter, said Abdur Rahim Talukder sold the land to Md. Selim Reza through Saf Kaba deed No. 2414 dated 23/05/1999 registered within the Sub Registry Office, Fatulla, Narayangonj and he muted his name in the Mutation Khatian Case no.6606/98-99 dated 30/06/1999. Thereafter, said Md. Selim Reza sold the property to Md. Y through the Saf Kabala Deed No. 7756 dated 14.07.2009 registered within the Sub Registry Office, Fatulla, Narayangonj.

10. Valuation:

  • Submitted

11. Holding Tax:

  • Not Submitted

12. Non-encumbrance certificate:

  • Not Submitted

13. Wanting papers/ documents:

  • Up to date Non-encumbrance certificate in respect of the scheduled land.

14. Opinion:

In view of the above, we are of opinion that Md. Y has acquired prima facie title &ownership over the scheduled property. As such the said owner is required to produce the wanting papers mentioned in column no. 13 above in support of his right title & ownership over the scheduled land.

However, the Dhaka Bank Limited may accept the scheduled property as security in the form of legal mortgage against the loan facility subject to obtain the papers/documents mentioned in Column No. 13 above.

For this opinion, we have assumed that:

  • all signatures given in the documents/papers are genuine and all documents/papers submitted to us as original are authentic and complete.
  • all representations and statements made with regard to the documents by the party are true and accurate.

This opinion is rendered only to you as our client and is solely for your benefit. No other person can rely upon it for any purpose, without our previous written consent

Should you have further queries in this regard please do not hesitate to contact the undersigned.

Thanking you.

Yours sincerely,

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,

208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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