September 6, 2007
Revised On: 19.11.2007
Head of the Branch
Bank 1
Uttara Branch
Dhaka.
Sub: Legal opinion upon vetting of property documents standing on account of Mr. A.
Dear Sir,
We refer to your letter dated August 29, 2007 requesting us to vet the property documents as referred, accordingly we have meticulously perused the documents and our opinion concerning the same is as follows: -
A. Property measuring 4 (four) kathas or 6.60 (six point six zero) decimals, standing in the name of Mr. A), situated within District-Dhaka, Police Station & Sub-Registry Office- Sutrapur, Mouza- Sutrapur.
1.
Owner of the property
:
Mr. A), son of Mr. X, of Khalapara, Police Station- Louhojong, District- Munshigonj.
2.
Description of the property
:
All that piece & parcel of land measuring 4 (four) kathas or 6.60 (six point six zero) decimals situated within District-Dhaka, Police Station & Sub-Registry Office- Sutrapur, under Dhaka Collectory Tauzi, S. A. C. M. Word no. 1, Sheet No. 13, J. L. No.- 3, Mouza- Sutrapur, S. A. Khatian No. 4832, S.A. Dag No. 8695, Mutation Khatian No. 4832/1/19 & 4832/1/20 being Plot No. 23 of The New Eastern Trading Corporation, Jote No. 676 & 677, butted & bounded by:
On the North: Plot No. 20 of The New Eastern Trading Corporation of Aklima Begum and others.
On the South: Plot No. 28 of The New Eastern Trading Corporation of Firoz Bhuiyan and others.
On the East: Plot No. 26 of The New Eastern Trading Corporation of Hanif Mia and others & Plot No. 19 of Habibur Rahman and others.
On the West: Dhalka Nagar Len no. 45/1/A.
3.
Area
:
Land measuring 4 (four) kathas or 6.60 (six point six zero) decimals.
4.
Title Deed Referred
:
Submitted photocopy of Original Saf Kabala Deed No. 6029, dated 01.12.1993, registered with the Sutrapur Sub-Registry Office, Dhaka, executed by S. M. Mahmudur Rahman & Mst. Shafia Khatun in favour of Mr. A) in respect of land measuring 4 (four) kathas or 6.60 (six point six zero) decimals.
5.
Bia Deed
:
Ø Submitted photocopy of Original Saf Kabala Deed No. 9744 dated 28.11.1985, registered with the Sadar 6th Joint Sub-Registry Office, Sutrapur, Dhaka, executed by The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin in favour of S. M. Mahmudur Rahman in respect of land measuring 1 (one) katha.
Ø Submitted photocopy of Original Saf Kabala Deed No. 9745 dated 28.11.1985, registered with the Sadar 6th Joint Sub-Registry Office, Sutrapur, Dhaka, executed by The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin in favour of Mst. Shafia Khatun in respect of land measuring 1 (one) katha.
Ø Submitted photocopy of Original Saf Kabala Deed No. 10045 dated 08.12.1985, registered with the Sadar 6th Joint Sub-Registry Office, Sutrapur, Dhaka, executed by The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin in favour of S. M. Mahmudur Rahman in respect of land measuring 1 (one) katha.
Ø Submitted photocopy of Original Saf Kabala Deed No. 10043 dated 08.12.1985, registered with the Sadar 6th Joint Sub-Registry Office, Sutrapur, Dhaka, executed by The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin in favour of Mst. Shafia Khatun in respect of land measuring 1 (one) katha.
Ø Submitted photocopy of Certified Saf Kabala Deed No. 19902 dated 02.06.1978, registered with the Sadar Sub-Registry Office, Dhaka, executed by M/s Eastern Trading represented by Syed Shahidul Haque in favour of The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin.
Ø Submitted photocopy of original Sale Deed No. 27560 dated 01.10.1974 registered with the Office of Sadar Sub-Registrar, Dhaka, executed by The President of the peoples Republic of Bangladesh in favour of M/s Eastern Trading represented by Syed Shahidul Haque.
6.
Mutation
:
Submitted photocopy of certified Mutation Porcha bearing Case No. 6096/1993-1994 dated 18.05.1994 along with DCR (Duplicate Carbon Receipt) confirming mutation of Scheduled Property measuring 6.60 (six point six zero) decimals in the name of Mr. A) issued by Assistant Commissioner, in respect of S. A. operation.
7.
Khatian
:
Submitted photocopy of certified S. A. Khatian No. 4832 corresponding Dag No. 8695.
8.
Chain of Ownership
:
Regarding the property mentioned in Schedule: It appears that, M/s Eastern Trading represented by Syed Shahidul Haque was the owner of the property through a Saf Kabla Deed No. 19549 & 27560 dated 01.10.1974, registered with the Sadar Sub-Registry Office, Dhaka. Thereafter, M/s Eastern Trading represented by Syed Shahidul Haque sold the scheduled property to The New Eastern Trading Corporation represented by its Managing Director Mr. Salah uddin through Saf Kabla Deed No. 19902 dated 06.06.1978 registered with the Sadar Sub-Registry Office, Dhaka. Thereafter, The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin sold the scheduled property to S. M. Mahmudur Rahman through Saf Kabla Deed Nos. 9744 dated 28.11.1985 & 10045 dated 08.12.1985 registered with the Sadar Sub-Registry Office, Dhaka. Thereafter, The New Eastern Trading Corporation represented by its Managing Director Mr. Salah Uddin sold the scheduled property to Mst. Shafia Khatun through Saf Kabla Deed Nos. 9745 dated 28.11.1985 & 10043 dated 08.12.1985 registered with the Sadar Sub-Registry Office, Dhaka. Thereafter, S. M. Mahmudur Rahman & Mst. Shafia Khatun sold the scheduled property to Mr. A) through Saf Kabla Deed No. 6029, dated 01.12.1993, registered with the Sutrapur Sub-Registry Office, Dhaka. Thereafter, Mr. A) got mutated the property by his name in the Govt. Revenue vide Mutation case No. 6096/1993-1994 dated 18.05.1994, in respect of S.A. operation and paying Ground Rent thereof.
Thus Mr. A) became the owner of the property.
9.
Ground Rent
:
Submitted ground rent payment receipt bearing No. R 114925 rent paid up to the year 1414 in respect of land measuring 6.60 (six point six zero) decimals in the name of Mr. A).
10.
Valuation
:
Not Submitted.
11.
Non-encumbrance certificate
:
Submitted Non-encumbrance certificate without Govt. Receipt No. 2982/dated 12.09.1995 up to the year 1995 in respect of land measuring 6.60 (six point six zero) decimals.
12.
Municipal Holding
:
Not Submitted.
13.
Power of Attorney
:
Submitted photocopy of Notarised Power of Attorney No. 03/07dated 16.08.2007 attested by Assistant Secretary, Consular of Ministry of Foreign Affairs, Dhaka, Seal No. 535, executed by Mr. A) in favour of Md. Zohirul Islam Chanchol.
14.
Wanting papers/ documents
:
Ø Certified copy of relevant C. S. Khatian alongwith corresponding Dag No.
Ø Certified copy of relevant R. S. Khatian alongwith corresponding Dag No.
Ø Certified copy of relevant D. P. Khatian alongwith corresponding Dag No.
Ø Certified copy of Mutation Porcha along with DCR (Duplicate Carbon Receipt) confirming mutation of Scheduled land measuring 6.60 (six point six zero) decimals in the name of Mr. A) issued by Assistant Commissioner, in respect of R. S. operation.
Ø Up to date Non-Encumbrance Certificate with Govt. Reciept of land measuring 6.60 (six point six zero) decimals in the name of Mr. A).
15.
Opinion
:
In view of the above, we are of opinion that Mr. A) has acquired prima facie ownership over scheduled property.
It is needed to be mention here that the Power of Attorney No. 03/07 dated 16.08.2007 had not properly executed. In the address portion of the said power of attorney has mention local address (i.e. 45/1/A, Dalka Nogor Lane, Police Station- Sampue, District- Dhaka. Present Address: 242, Block # D, Akbar Shorok, Basundhara Residential Area, Badda, Dhaka) of the ‘Principal’ but the said power of attorney was executed at Tokyo in Japan. It is also mentioned here that the said Power of Attorney had printed in Bangladeshi Non-judicial stamp. It should be printed in Japan’s legal paper.
There There are some procedures to be followed for validating the said power of attorney which are as follows:
1. Mr. A) has to execute the IGPA before a Notary Public of the territory wherein he lives.
2. Upon execution of the IGPA following the foregoing manner it shall have to be attested by the Consular of Bangladesh at Tokyo in Japan.
3. Then the IGPA has to be sent to Dhaka and to be required to verify the signature of the IGPA by the Ministry of Foreign Affairs of Bangladesh, Dhaka.
Finally, it shall have to be revalidated by affixing requisite adhesive stamp (Tk.200/=) through the Treasury of the Government of the People’s Republic of Bangladesh.
This power of Attorney has no such Sub-delegation power that is why the Attorney has power only create Mortgage but not create another Power of Attorney on behalf of this Power of Attorney.
ThereThe followed term will be inserted in said power of Attorney which are as follows:
“From time to time to appoint any substitute or substitutes and to delegate to it/him/her or them all or any of the powers, authorities or discretion vested in the Attorney under or by virtue of these presents and to remove any such substitute or substitutes at pleasure and appoint another or others in his or their place.”
However, the Bank can only accept the scheduled property as security of loan facility in the form of mortgage subject to collect all wanting papers mentioned in above. In addition, the Bank, before taking mortgage on the scheduled property in question, should physically verify the spot for determining actual and peaceful possession of the said present owner that Mr. A) over the Scheduled Property.
B. Property measuring 5 (five) kathas or 8.25 (eight point two five) decimals, standing in the name of Mr. A), situated within District-Dhaka, Police Station – Badda, Sub-Registry Office- Gulshan, Mouza- Joarashahara.
1.
Owner of the property
:
Mr. A), son of Mr. X, of Dhalka Nagar Len no. 45/1/A, glass Factory Road, Police Station- Sutrapur, District- Munshigonj. Present Address: 1-7-1 KABUKICHO SHINJYUKU- KU TOKYO 160- 0021 JAPAN.
2.
Description of the property
:
All that piece & parcel of land measuring 5 (five) kathas or 8.25 (eight point two five) decimals situated within District-Dhaka, Police Station – Badda, Sub-Registry Office- Gulshan, under Dhaka Collectory Tauzi, J. L. No.- C. S. 271 & S. A. 110 3, Mouza- Joarashahara, C. S. Khatian No. 411, S. A. Khatian No. 858, R. S. Khatian No. 2481, C. S. & S. A. Dag No. 3336, R. S. Dag No. 9929 being Plot No. 241, Block No. D of Boshundhara Project of East West Property Development (Pvt.) Limited, butted & bounded by:
On the North: Road.
On the South: Plot No. 266.
On the East: Road.
On the West: Plot No. 242.
3.
Area
:
Land measuring 5 (five) kathas or 8.25 (eight point two five) decimals.
4.
Title Deed Referred
:
Submitted photocopy of Certified Saf Kabala Deed No. 5259 dated 18.04.2004 alongwith Delivery Receipt No. G 491885, registered with the Gulshan Sub-Registry Office, Dhaka, executed by East West Property Development (Pvt.) Limited represented by Mr. Sadat Sobhan in favour of Mr. A) in respect of land measuring 5 (five) kathas or 8.25 (eight point two five) decimals.
5.
Bia Deed
:
Submitted photocopy of Certified Saf Kabala Deed No. 11388 dated 30.09.1993, registered with the Gulshan Sub-Registry Office, Dhaka Cantonment, executed by (1) Monir Hossain, (2) Shorif Ullah, (3) Shafiqul Islam, (4) Rafiqul Islam, (5) Rawshan Ara Begum & (6) Jibon Nessa in favour of East West Property Development (Pvt.) Limited represented by its Managing Director in respect of land measuring 30.20 decimals.
6.
Mutation
:
Submitted photocopy of certified Mutation Porcha bearing Case No. 4971/2005 dated 18.09.2005 along with DCR (Duplicate Carbon Receipt) confirming mutation of Scheduled Property measuring 5 (five) kathas or 8.25 (eight point two five) decimals in the name of Mr. A) issued by Assistant Commissioner, in respect of R. S. operation.
7.
Khatian
:
Ø Submitted photocopy of certified C. S. Khatian No. 411 corresponding Dag No. 3336.
Ø Submitted photocopy of certified S. A. Khatian No. 858 corresponding Dag No. 3336.
Ø Submitted photocopy of certified R. S. Khatian No. 2481 corresponding Dag No. 9929 along with other dags.
8.
Chain of Ownership
:
Regarding the property mentioned in Schedule: It appears that, Abdul Gani was the owner of the scheduled property by way of inheritance. After the death of Abdul Gani his four sons namely (1) Monir hossain, (2) Sharifullah, (3) Shafiqul Islam, (4) Rafiqul Islam and a daughter namely Rawshan Ara and his wife Jibon Nessa became the owners of the scheduled property by way of inheritance. Thereafter, (1) Monir hossain, (2) Sharifullah, (3) Shafiqul Islam, (4) Rafiqul Islam, (5) Rawshan Ara & (6) Jibon Nessa sold the scheduled property to East West Property Development (Pvt.) Limited through a Saf Kabla Deed No. 11388 dated 30.09.1993, registered with the Gulshan Sub-Registry Office, Dhaka. Thereafter, East West Property Development (Pvt.) Limited sold the scheduled property to Mr. A) through a Saf Kabla Deed No. 5295 dated 18.04.2004, registered with the Gulshan Sub-Registry Office, Dhaka. Thereafter, Mr. A) got mutated the property by his name in the Govt. Revenue vide Mutation case No. 4971/2005 dated 18.09.2005, in respect of R. S. operation and paying Ground Rent thereof.
Thus Mr. A) became the owner of the property.
9.
Ground Rent
:
Submitted ground rent payment receipt bearing No. L 421036 rent paid up to the year 1412 in respect of land measuring 8.25 (eight point two five) decimals in the name of Mr. A).
10.
Valuation
:
Not Submitted.
11.
Non-encumbrance certificate
:
Submitted Non-encumbrance certificate without Govt. Receipt No. 2982/dated 12.09.1995 up to the year 1995 in respect of land measuring 5 (five) kathas or 8.25 (eight point two five) decimals.
12.
Municipal Holding
:
Not Submitted.
13.
Power of Attorney
:
Submitted photocopy of Notarised Power of Attorney No. 02/07dated 16.08.2007 attested by Assistant Secretary, Consular of Ministry of Foreign Affairs, Dhaka, Seal No. 539, executed by Mr. A) in favour of Md Zohirul Islam Chanchol.
14.
Wanting papers/ documents
:
Ø Attested copy of relevant D. P. Khatian corresponding Dag No.
Ø Up-to-date ground rent payment receipt in respect of the scheduled property.
Ø Up to date Non-Encumbrance Certificate with Govt. Receipt of land measuring 8.25 (eight point two five) decimals in the name of Mr. A).
15.
Opinion
:
In view of the above, we are of opinion that Mr. A) has acquired prima facie ownership over scheduled property.
It is needed to be mention here that the Power of Attorney No. 02/07 dated 16.08.2007 had not properly executed. In the address portion of the said power of attorney has mention local address (i.e. 45/1/A, Dalka Nogor Lane, Police Station- Sampue, District- Dhaka. Present Address: 242, Block # D, Akbar Shorok, Basundhara Residential Area, Badda, Dhaka) of the ‘Principal’ but the said power of attorney was executed at Tokyo in Japan. It is also mentioned here that the said Power of Attorney had printed in Bangladeshi Non-judicial stamp. It should be printed in Japan’s legal paper.
There There are some procedures to be followed for validating the said power of attorney which are as follows:
1. Mr. A) has to execute the IGPA before a Notary Public of the territory wherein he lives.
2. Upon execution of the IGPA following the foregoing manner it shall have to be attested by the Consular of Bangladesh at Tokyo in Japan.
3. Then the IGPA has to be sent to Dhaka and to be required to verify the signature of the IGPA by the Ministry of Foreign Affairs of Bangladesh, Dhaka.
Finally, it shall have to be revalidated by affixing requisite adhesive stamp (Tk.200/=) through the Treasury of the Government of the People’s Republic of Bangladesh.
This power of Attorney has no such Sub-delegation power that is why the Attorney has power only create Mortgage but not create another Power of Attorney on behalf of this Power of Attorney.
ThereThe followed term will be inserted in said power of Attorney which are as follows:
“From time to time to appoint any substitute or substitutes and to delegate to it/him/her or them all or any of the powers, authorities or discretion vested in the Attorney under or by virtue of these presents and to remove any such substitute or substitutes at pleasure and appoint another or others in his or their place.”
However, the Bank can only accept the scheduled property as security of loan facility in the form of mortgage subject to collect all wanting papers mentioned in above. In addition, the Bank, before taking mortgage on the scheduled property in question, should physically verify the spot for determining actual and peaceful possession of the said present owner that Mr. A) over the Scheduled Property.
This opinion has been furnished on the basis of the papers and documents referred to us, hence we advise you to provide all original papers/documents including the wanting papers so that we can extend our final opinion.
For this opinion, we have assumed that:
Ø all documents/papers submitted to us as photocopies are complete and conform to authentic and original documents.
Ø all representations and statements made with regard to the documents by the parties are true and accurate.
This opinion is rendered only to you as our client and is solely for your benefit. No other person may rely upon it for any purpose, without our previous written consent.
The file with all photocopies of papers/documents is returned herewith.
Thanking you,
Yours sincerely,
(___________________)
Barrister-at-Law
