Vetting of Property Documents related Company

Our Ref: LJ/PJ/04/2006

Dated: April 16, 2006

Mr. Mr. A

Vice President & Manager

Bank 1

Principal Branch

45, Dilkusha Commercial Area

Dhaka – 1000

Dear Sir,

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

We refer to your letter dated 15.03.2006 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 : Mr. A son of Mr. X of 105, 106 Bangabandhu Sarak, Ukil Para, P.S. and District Narayanganj.
2. Description of the property : All that piece and parcel of land measuring 3525 1/3 ajutangsha situated within District Narayanganj, P.S. & Sub-Registry Office – Sadar under Mouzas, Khatians and Dags:
Mouza J.L. Khatian Dag Land
S.M. S.A. R.S. C.S. S.A. R.S. C.S. S.A. R.S.
Chashara ‘Ma’ Khanda 190 66 5 246,286 95 – 101 140 160 3286
101/514 140
102 141 161
Narayanganj ‘Ma’ Khanda 188 67 294, 296, 670 709,306,310, 839, 840, 841, 842, 843, 844,845 811,815,812 02391/3
3. Area : 35251/3 ajutangsha.
4. Title Deed Referred : a.       Certified copy of Deed of Amicable Settlement No. 998 dated 12.03.2002 executed by and between Md. Mr. A and Mr. C.b.      Deed of Heba bil Iwaz No. Illegible dated 18.03.1997 executed by Mr. D in favour of Md. Mr. A.c.       Deed of Sale No. 4545 dated 14.11.1990 executed by Bangladesh Jute Association in favour of i. Mr. D, ii. Mr. C, ii. Mr. A.
5. Bia Deed : Not submitted.
6. Mutation : Mutation Khatian No. 802 certified by Assistant Commissioner of Land along with DCR has been submitted from which it appears that under Mouza Chashara land measuring 3286 ajutangsha has been mutated under S.A. Dag No. 140 and 141, R.S. Dag No. 160 and 161 in the name of Mr. E vide Mutation and Separation Case Nos. 4740/2002-03 dated 21.03.2003.But no Mutation Khatian for land measuring 02391/3 ajutangsha under Mouza Narayanganj ‘Ma’ Khanda has been referred to us.Mutation Khatian certified by Assistant Commissioner of Land for land measuring 02391/3 ajutangsha under Mouza Narayanganj ‘Ma’ Khanda in the name of Md. Mr. A to be obtained.
7. Khatian : S.A. Khatian No. 95 corresponding to 113/1 has been submitted. But we have not been provided with C.S. Khatian No. 246, 286, 294, 296, 670, S.A. Khatian No. 709, 306, 310, R.S. Khatian No. 12.Bank should obtain C.S. Khatian No. 246, 286, 294, 296, 670, S.A. Khatian No. 709, 306, 310, R.S. Khatian No. 12.
8. Chain of Ownership : Upon perusal of Deed of Sale No. 4545 dated 14.11.1990 it appears that some land under Mouza Chashara ‘Ma’ Khanda, C.S. Khatian No. 246, 286 Kha under C.S. Dag No. 101, 102, 101/514 purchased by Dhaka, Narayanganj Chamber of Commerce and Industries vide Deed of Sale No. 7815 dated 12.05.1949. But we have not been provided with the said deed of sale.The name of Dhaka, Narayangonj Chamber of Commerce and Industry had changed its name as Narayangonj Chamber of Commerce and Industry vide resolution made in its General Meeting held on 11.08.59.From S.A. Khatian No. 95 it appears that land measuring 90 decimal under Dag No. 140, land measuring 54 decimal under Dag No. 141 along with other lands under separate dags were recorded in the name of Narayangonj Chamber of Commerce and Industries.

The then Pakistan Jute Association presently Bangladesh Jute Association purchased the land from Narayangonj Chamber of Commerce and Industry vide Deed of Sale No. 1003 dated 22.06.1970. But we have not been provided with Deed of Sale No. 1003 dated 22.06.1970.

Thereafter, i. Mr. D, ii. Mr. C and ii. Md. Mr. A purchased land measuring .4461 acre out of the said land from Bangladesh Jute Association vide Deed of Sale No. 4545 dated 14.11.1990.

On the other hand Mr. D purchased some land under Mouza Narayanganj ‘Ma’ Khanda, C.S. Khatian No. 294, 296, 670, C.S. Dag No. 837, 838, 839, 840, 841, 842, 843, 844, 845, S.A. Khatian No. 709, 306, 310, S.A. Dag No. 811, 815, 310, 812 vide Deed of Sale Nos. 1555 and 1664 dated 13.05.1991 and 21.05.1991 respectively. But we have not been provided with any Deed of Sale Nos. 1555 and 1664 dated 13.05.1991 and 21.05.1991 respectively or any documents/papers showing from whom he purchased the land.

Then, Mr. D gifted Mohsin Uddin  Ahmed land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and 1487 ajutangsha under Mouza Chashara ‘Ma’ Khanda vide Deed of Heba bil Iwaz No. illegible dated 18.03.1997.

Md. Mr. A and Mr. C jointly enjoying the land under Mouza Chashara ‘Ma’ Khanda measuring 2974 ajutangsha which they had purchased from Bangladesh Jute Association vide Deed of Sale No. 4545 dated 14.11.1990. They entered into an amicable settlement vide Deed of Amicable Settlement No. 998 dated 12.03.2002 for the said Ejmali land. Md. Mr. A became sole owner of the land measuring 1799 ajutangsha vide Deed of Amicable Settlement No. 998 dated 12.03.2002.

Thus Mr. A became owner of land measuring 02391/3 ajutansha under Mouza Narayanganj ‘Ma’ Khanda and land measuring 3286 ajutangsha Chashara ‘Ma’ Khanda.
9. Ground Rent Receipt : Ground rent receipt No. E 624333 has been submitted from which it appears that ground rent has been paid up to 1411 B.S. in the name of Md. Mr. A  for land under Chashara ‘Ma’ Khanda measuring .3286 acre. But no ground rent receipt for land measuring 02391/3 ajutangsha under Mouza Narayanganj ‘Ma’ Khanda has been referred to us.Up to date ground rent receipt for the land under Mouza Chashara ‘Ma’ Khanda measuring .3286 acre and land under Mouza Narayanganj ‘Ma’ Khanda measuring 02391/3 ajutangsha should be obtained.
10. Valuation Certificates : Not submitted.
11. Non-Encumbrance Certificate : Not submitted.Non-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years for the land under Mouza Chashara ‘Ma’ Khanda measuring .3286 acre and land under Mouza Narayanganj ‘Ma’ Khanda measuring 02391/3 ajutangsha 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)      Mutation Khatian certified by Assistant Commissioner of Land for land measuring 02391/3 ajutangsha under Mouza Narayanganj ‘Ma’ Khanda in the name of Md. Mr. A.b)      C.S. Khatian No. 246, 286, 294, 296, 670, S.A. Khatian No. 709, 306, 310, R.S. Khatian No. 12. c)      Deed of Sale No. 1003 dated 22.06.1970, Deed of Sale No. 1555 dated 13.05.1991, Deed of Sale No. 1664 dated and 21.05.1991.

d)      Up to date ground rent receipt for land under Mouza Chashara ‘Ma’ Khanda measuring .3286 acre and land under Mouza Narayanganj ‘Ma’ Khanda measuring .02391/3 acre.

e)      Non-encumbrance certificate counter signed by concerned Sub-Registrar for the last twelve years for the land under Mouza Chashara ‘Ma’ Khanda measuring 3286 ajutangsha and land under Mouza Narayanganj ‘Ma’ Khanda measuring 02391/3 ajutangsha.

f)        Valuation certificate.

g)      Up to date Municipal tax payment receipt, if applicable.
14. Opinion : Upon perusal of the documents/papers we are of the opinion that Mr. A 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 upon obtaining papers/documents referred in Clause 13.Since Mr. A intends to mortgage his land as third party so his 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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