LEGAL OPINION UPON VETTING OF THE PROPERTY DOCUMENTS

Sub:  Legal opinion upon vetting of the property documents standing in the names of (i) A (ii) B (iii) C& (iv) D on account of Md. Aslam.

Dear Sir,

We refer to our earlier discussion and confirm having carefully studied and examined the papers and documents made available to us for our legal vetting in connection with the captioned subject and accordingly we observe as follows:

01. Owner of the property:

(i) A wife of Late Shahabuddin Ahmed (ii) B (iii) C& (iv) D, all son and daughters of Late Shahabuddin Ahmed, all are the address of 23/6, K. M. Das Lane, Police Station-Sutrapur, District-Dhaka.
 02.  Description of the property:

SCHEDULE

All that piece and parcel of an apartment floor space measuring 1,300 (one thousand three hundred) ft. in the ground floor of the 6-storied building, along with undivided and undemarcated proportionate share of land measuring 71.72 (seventy one point seven two) ajutangsha out of 3.68 (three-point six-eight) decimals situated within District-Dhaka, Police Station & Sub-Registry Office-Sutrapur, under Dhaka Collectorate Touzi No. 3086/B-1, Sabek Mouza-Shahar Dhaka, Ward No. 3, Sheet No. 61, C. S. Khatian No. 10712, Dag No. 210 (two hundred ten), S. A. J. L No. 1, Mouza: “Wari”, S. A. Khatian No. 677, Dag No. 1767 (one thousand seven hundred sixty seven), R. S. Khatian No. 1881, R. S. Mutation Khatian No. 222, Sheet No. 3, R. S. Dag No.  (two thousand three hundred twenty nine bata two thousand five hundred sixty three), Dhaka City Surveyor, D. P. Khatian No. 2114, corresponding Dag No. 5292 (five thousand two hundred ninety two), under Dhaka City Corporation Holding No. 17/12, along with all common facilities of the building; butted and bounded by:

On the North:  Kucha Gali and Abdul Matin.

On the South:  Road.

On the East:   Land of Mr Abdul Kadir.

On the West:  Ranking Street.

03. Area:

An apartment floor space measuring 1,300 (one thousand three hundred) ft. in the ground floor of the 6-storied building, along with undivided and undemarcated proportionate share of land measuring 71.72 (seventy-one point seven two) ajutangsha.
 04. Title Deed Referred

(i) An (ii) B (iii) C & (iv) D acquired the scheduled land by way of inheritance from deceased Shahabuddin Ahmed because there is no Title Deed in their names.
 05. Bia Deed:

Submitted photocopy of original Saf Kabala Deed No. (Illegible) dated 15.02.1973, registered with the Sutrapur  Sub- Registry Office of Dhaka, executed by Mohammad Osman in favour of Mosammat Jamila Khatun in respect of land measuring 2.30 ( two point three zero) decimals.
Submitted photocopy of certified Deed of will No. 49 dated 06.11.2000 registered with the Sutrapur Sub Registry Office of Dhaka executed by Mosammat Jamila Khatun in favour of (i) Shahabuddin Ahmmed (ii) Jamil Uddin Ahmmed (iii) Tandoor Manufacturer Deowan Istiac Ahmed (iv) Deowan Imtiaz Ahmed (v) Deowan Gulshan Ara Rahim Hasi (vi) Hosen Ara Kamal Rani (vii) Sultana Parvez.
06. Mutation:

Not submitted.
07. Khatian:

Submitted photocopy of certified C. S. Khatian No. 10712, corresponding Dag No.210;
Submitted photocopy of certified S.A. Khatian No. 677 has been submitted wherefrom it appears that land measuring an area of 15.48 (fifteen point four-eight)  decimals pertaining to plot no. 1767 has duly been recorded in the name of  Gowry Haripada and another.
Submitted photocopy of attested R.S. Khatian No. 1881 has been submitted wherefrom it appears that land measuring an area of 3.50 (three-point five-zero) decimals pertaining to plot no.  has duly been recorded in the name of Anis Uddin and others.
08. Ground Rent:

Not Submitted
09. Chain of Ownership:

The chain of ownership of the schedule property: it appears that one Mosammat Jamila Khatun was the owner of the schedule land along with another land who obtained the land through the Saf Kabala Deed on 15.02.1973 registered with the Sutrapur  Sub- Registry Office of Dhaka, executed by  Mohammad Osman in respect of land measuring  2.30 ( two point three zero) decimals. Thereafter, said Mosammat Jamila Khatun executed a Will in favour of  (i) Shahabuddin Ahmmed (ii) Jamil Uddin Ahmmed (iii) Deowan Istique Ahmmed (iv) Dewan Imtiaz Ahmed (v) Dewan Gulshan Ara Rahim Hasi (vi) Hosen Ara Kamal Rani (vii) Sultana Parvez through  Deed of Will No. 49 dated 06.11.2000 registered with the Sutrapur Sub Registry Office of Dhaka. Later on said Shahbuddin Ahmmed mutated his portion of the land in the Mutation Khatian No. 222, pertaining to Plot No.  and land measuring an area of 3.50 (three points five-zero) decimals in the names of the present owners of the land, Shahbuddin Ahmmed and others vide Mutation-Separation Case No.1896/07 dated 21.06.2007, as per R. S. operation. Afterwards, said Shahbuddin Ahmed had died leaving behind his successors namely (i) A (ii) B (iii) C & D who obtained the schedule land by way of inheritance. Thereafter, said (i) A (ii) B (iii) C & Dexecuted a Deed of Agreement for Sale in favour of Mohammad Aslam.

10. Valuation:

Not submitted.
11. City Corporation Holding Tax Payment Receipt:

Not submitted.
12. Non-encumbrance certificate:

Not Submitted.
13. Deed of Agreement:

Submitted photocopy of unregistered Agreement for sale of apartment executed by (i) A (ii) B (iii) C& (iv) D in favour Mohammad Aslam, apartment  Space measuring 1300 (one thousand three hundred) sft. (more or less)and in respect of land measuring 0071.12 ajutangsha along with undivided and undemarcated proportionate share of Schedule-B.
14. Others

Submitted photocopy of RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK), approval building permission vide memo no. RAJUK/naaa/3C-349/2004/462 that dated 06.011.2004.
Photocopy of attested Succession certificate from the Word Commissioner Md. Mohammed Haque of  Dhaka City Corporation in favour of  (i) A(ii) B(iii) C& (iv) D.
Photocopy of Succession Certificate from the Ward Commissioner, Dhaka City Corporation on 08.10.2009, Ward No. 75, certifying the names of (i) A(ii) B(iii) C& (iv) D of deceased Shahabuddin Ahmed
15. Wanting papers/ documents:

In respect of Schedule “A” Land:

Certified R.S. Khatian No. 1881 has been submitted wherefrom it appears that land measuring an area of 3.50 (three-point five-zero) decimals corresponding Dag no.  has duly been recorded in the name of Anis Uddin and others
Certified copy of Mutation Khatian as per R. S. operation along with D.C.R. in the name of (i) A(ii) B(iii) C& (iv) Dfrom concerned Assistant Commissioner of land in respect of the scheduled property.
Up to date (1416 B.S) ground rent payment receipt in respect of land measuring 3.68 pertaining to Plot No. in the names of (i) A(ii) B(iii) C& (iv) D.
Up to date City Corporation Holding Tax Payment Receipt in respect of the scheduled property in the names of (i) A(ii) B(iii) C& (iv) D(if any)
A printed copy of relevant D. P. Parcha.
Up to date Non-Encumbrance Certificate in the Name of the present owner.
NOC House building Finance Corporation for sale the schedule property.
16. Opinion:

In view of the above, we are of opinion that the present owners (i) A(ii) B(iii) C& (iv) D have acquired prima facie title and ownership over the land in question subject to obtain the wanting documents as referred to column 15 (a) above.

Be mentioned here that relating to the schedule property you have been referred an unregistered Deed of Agreement for Sale executed by (i) A(ii) B(iii) C& Din favour of Mohammad Aslam, in respect of land measuring apartment  Space measuring 1300 (one thousand three hundred) sft. (more or less) for the period 30.12.2009. In this regard, we are in the opine that you have entered into a registered deed of agreement for sale or, made a registered sale deed.

As per the said Agreement (i) A(ii) B(iii) C& Dis under obligation to transfer the aforesaid property by way of registered Sale Deed in favour of Mohammad Aslam.

It is pertinent to mention here that you are intending to allow credit facility favouring Mohammad Aslam, of your Bank against the security inter alia, legal mortgage of the scheduled property to be created by the said M Mohammad Aslam,.

In this regard, we like to opine that under the prevailing situation Mohammad Aslam, is not in a position to create any charge or mortgage on the aforesaid schedule land in favour of the Bank for securing the loan in question. Before creating of mortgage the Bank should obtain the following documents for their custody:

Title Deed (Registered Sale Deed) to be executed by (i) A(ii) B(iii) C& Din favour of Mohammad Aslam in respect of schedule land.
Certified copy of mutation parcha along with DCR (Duplicate Carbon Receipt) and extract copy of mutation recommendation in the name of Mohammad Aslam to be issued by the concerned Assistant Commissioner (Land), in respect of schedule land.
Up to date Ground Rent Payment Receipt in respect of the schedule-B property in the name of Mohammad Aslam.
Up to date City Corporation Holding Tax Payment Receipt in respect of the schedule-B land in the name of Mohammad Aslam.
This opinion has been furnished on the basis of the photocopies of papers and documents, hence we advise you to provide all original papers/documents including the wanting papers so that we can extend our final opinion.

However, the scheduled property may be purchased subject to procuring the corroborating papers and documents mentioned in column no. 15 above and verifying the spot for ascertaining the actual possession of the present owners over the schedule property. You are therefore requested to procure the original copies of the wanting papers and documents mentioned in column no. 15 and send the same to us for our final perusal.

For this opinion, we have assumed that:

all signatures given in the documents/papers are genuine and all documents/papers submitted to us as originals are authentic and complete.
all documents/papers submitted to us as photocopies are complete and conform to authentic original documents.
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 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. The file with all photocopies of papers/documents is returned herewith.

Thanking you.



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