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1. Owner of the property : Mrs. Sharmin Haque, wife of Mr.

Shahudul
Haque of 19/4, Central Road, Dhanmondi,
Dhaka - 1205.

2. Lessee of the property : 1. ABC Real Estates Limited,


represented by its Managing Director,
Mr. Chowdhury Md. Shafi of 30, Tipu
Sultan Road, Dhaka -1100.

2. ABC (Mechanical-Electrical) Limited,


represented by its Director, Mr. Amirul
Islam, son of Late Kismat Ali of ABC
House (2nd Floor), 8 No. Banani
Commercial Area, Kamal Ataturk
Avenue, Dhaka.
2. Description of the property : All that piece & parcel of land measuring 6
(six) decimals situated within District -
Dhaka, Police Station & Sub-Registry Office –
Savar, Dhaka Collectorate Touzi, J.L. No.
Sabek – 565, S.A. No. 80, Hal No. 79, Mouza
– Baipail………….

apperataining to following Dags and area as


mentioned in the table given below:

butted and bounded by:


On the North:
On the South:
On the East:
On the West:
Leasehold Property
All that pieces or parcel of land measuring 9
katha, situated in the UTTARA COMMERCIAL
AREA of the DHAKA IMPROVEMENT TRUST in
the Sub-Registration District Dhaka, being
Plot No. 4, Sector – 3, of the Layout plan of
UTTARA COMMERCIAL AREA prepared by the
RAJDHANI UNNAYAN KARTIPAKKHA (RAJUK),
butted and bounded by:

3. Area : Land measuring 6 (six) decimals.

4. Title Deed Referred : Submitted photo copy of Saf Kabala Deed


No. 16777 dated 04.09.2002 executed by
Afroza Begum through her lawful Attorny
Anwara Begum, in favour of Md. Afjal
Hossain, land measuring 6 decimals.
OR Lease Deed

Submitted photocopy of original Lease Deed


No. 8903 dated 21.07.1990, executed
between RAJDHANI UNNAYAN KARTIPAKKHA
(RAJUK) of the One Part and ABC Real
Estates Limited of the Other Part, in
respect of land measuring 9 katha.
5. Bia Deed : Submitted photo copy of certified Saf Kabala
Deed No. 10618 dated 31.10.2005,
registered in the Sadar Sub-Registry Office,
Narsingdi, executed by Abdul Khaleq, in
favour of Md. Afzol Hossain Bhuya, in respect
of land 15 decimals.

Submitted photocopy of original certified


copy of Heba-Bil-Ewaz Deed No. 11608 dated
07.06.1982, registered in Sadar Sub-Registry
Office, Dhaka, executed by Sabed Ali in
favour of (1) Badoraddin & (2) Ramizaddin.

Submitted photocopy of certified copy of


Lease Deed No. 12479 dated 13.06.2006
registered with the Office of Sub-Registrar,
Gulshan, Dhaka and executed by Rajdhani
Unnayan Katripakkha (RAJUK) in favour of
Mr. Md. Alamgir Mridha.

6 Mutation : Photocopy of certified copy of Mutation


Khatian No. 1140 along with Duplicate
Carbon Receipt bearing Page No. 20 of Book
No. 8878 has been submitted wherefrom it
appears that land measuring an area of .89
(Point Eight Nine) ajutangsha pertaining to
Plot Nos. 274 & 275 has duly been mutated
in the names of the present owners of the
land, Mr. Md. Saiful Islam and Mr. Md.
Zanu Miah vide Mutation-Separation Case
No. 04(9-1) 2000-2001 dated 05.11.2006, as
per R.S. oparation.
OR

Submitted photo copy of Mutation Khatian


No. 383/1B along with DCR confirming
mutation as per R.S. operation in the name
of Md. Shoyeb Sarowar Monju, over the 69
(sixty nine) decimals of land, vide Mutation
Case No. 113/06-07 dated 17.07.2006
corresponding R.S. Dag Nos. 3871, 3869,
3867, 3870 & 3877.

Leasehold Property

Submitted photocopy of DCR confirming


mutation in the name of ABC Real Estates
Limited over 9 katha or 14.85 decimals of
land, vide Mutation Case No. 14460/90-91
dated 15.06.1991 corresponding Plot No. 4,
Sector - 3.
OR
Photocopy of Mutation bearing Memo No.
RAJUK/Estate/2022/Stha dated 09.06.2003
issued by Deputy Director (Estate), Rajdhani
Unnayan Kartripakkha (RAJUK) has been
submitted wherefrom it appears that Flat No.
A1 constructed on the 1st Floor (West side)
has duly been mutated in the name of the
present owner of the flat Mrs. Sayeeda
Begum.

OR
Submitted photocopy of Mutation certificate
issued by Ministry of Housing and Public
Works vide Memo No. 1524 dated
28.04.1975 in respect of the scheduled
property, in the name of Mrs. Begum
Hasna Asad.

7. Khatian : • Photocopy of certified copy of ROR


being No. 233/1 has been submitted
wherefrom it appears that land
measuring an area of 97 decimals
pertaining to Plot No. 163 along with land
of other plots has duly been recorded in
the name of Sharat Chandra Ghosh

• Submitted photo copy of C.S. Khatian


No. 11 corresponding Dag No. 7, land
measuring 1 acre 72 decimals.

• Submitted photo copy of S.A. Khatian


No. 10/Kat corresponding Dag No. 7, land
measuring 69 decimals.

• Submitted photo copy of R.S. Khatian


No. 165 corresponding Dag No. 226, land
measuring 86 decimals.

• Photocopy of certified copy of S. A.


Khatian No. 132 has been submitted
wherefrom it appears that land
measuring an area of 37 decimals
pertaining to Plot No. 163 along with land
of other plots has been recorded in the
names of Sadar Ali and others.

• Photocopy of certified copy of R. S.


Khatian No. 294 has been submitted
wherefrom it appears that land
measuring an area of 526 decimals
pertaining to Plot Nos. 285, 288 & 291
along with land of other plots has been
recorded in the name of Nasir Uddin and
others has duly been recorded in the
names of Bachan Uddin and others.

• Photocopy of certified copy of S. A.


Khatian being No. 233 has been
submitted wherefrom it appears that
land measuring an area of 97 decimals
pertaining to Plot No. 162 & 163 along
with land of other plots has duly been
recorded in the name of Sharat Chandra
Ghosh and

• Photocopy of D. P. Khatian No. 591


has been submitted wherefrom it
appears that land measuring an area of
97 decimals pertaining to Plot No. 1062
has duly been recorded in the name of
Dulal Chandra Ghosh.

• Submitted photo copy of uncertified


D.P. Khatian No. 716 corresponding to
Dag Nos. 445, 446/2677, 446/2685, land
measuring 7.87 decimals.

8. Chain of Ownership : Chain of Leasehold Ownership

Regarding the property mentioned in


Schedule – 1.
Regarding the chain of ownership of land
described above as schedule it appears that
ABC Real Estates Limited is the original
Leasehold owner of the scheduled property
leased out by erstwhile Dhaka Improvement
Trust (DIT) now known as RAJUK by a
registered Lease Deed No. 8903 dated
21.07.1990 registered with the office of
District Registrar, Dhaka for a period of 99
years and got mutated the same & is paying
ground rent thereof.

Thereafter, said ABC Real Estates Limited,


represented by its Managing Director, Mr.
Chowdhury Md. Shafi, executed a registered
General Power of Attorney vide No.
……………. dated 27.11.2005, in favor of ABC
Joint Venture, to construct commercial
building.

Regarding the property mentioned in


Schedule – 2.
Regarding the chain of ownership of land
described above as schedule it appears that
ABC (Mechanical-Electrical) Limited is the
original Leasehold owner of the scheduled
property leased out by RAJUK by a registered
Lease Deed No. 5647 dated 03.05.2000
registered with the office of District
Registrar, Dhaka for a period of 99 years and
got mutated the same & paying ground rent
thereof.

Thereafter, said ABC (Mechanical-Electrical)


Limited, represented by its Managing
Director, Mr. Chowdhury Md. Shafi, executed
a registered General Power of Attorney vide
No. ……………. dated 27.11.2005, in favor of
ABC Joint Venture, to construct commercial
building.

Chain of Leasehold Ownership


Regarding the chain of ownership of
land described above as schedule it
appears that RAJUK was the original leasehold
owner of the scheduled land. Thereafter, the
said RAJUK leased the land out to Mr. Md.
Alamgir Mridha vide Lease Deed No. 12479
dated 13.06.2006 registered with the Office of
Sub-Registrar, Gulshan, Dhaka. Thereafter, the
said Mr. Md. Alamgir Mridha transferred the
land to Mr. Md. Atiqullah by way of sale vide
Saf Kabala Deed No. 13002 dated 19.06.2006
registered with the Office of Sub-Registrar,
Gulshan, Dhaka obtaining prior permission
from RAJUK vide memo no.
RAJUK/Estate/3808 Stha dated 15.06.2006.
Thus the said Mr. Md. Atiqullah has become
the leasehold owner of the land and got the
same mutated in the RAJUK vide memo
number RAJUK/Estate/4442(2)/Stha dated
28.06.2006.
Chain of Ownership
Regarding the chain of ownership of land
described above as schedule it appears that
Shahudul Haque was the original Leasehold
owner of the scheduled property leased by
Rajdhani Unnayan Katripakkha (Lessor)
registered Lease Deed No. 2410 dated
19.02.1994 and registered on 20.02.1994,
registered with the Sub-Registry Office -
Gulshan, Dhaka for a period of 99 years.
Thereafter, said Shahudul Haque transferred
the scheduled property by way of Oral Gift to
Mrs. Sharmin Haque confirming Affidavit
bearing Notarial Certificate dated
02.10.1995 and thus said Mrs. Sharmin
Haque has become the present leasehold
owner of the scheduled property and got
mutated the same in the RAJUK vide Letter
No. RAJUK/ESTATE/1785STHA dated
01.07.1996 & govt. revenue record vide
Mutation Case No. 5/96-97 dated 10.07.1996
being Plot No. 25-A, Road No. 2, Sector No. 3
and paying ground rent thereof.

Thereafter, said Mrs. Sharmin Haque


executed a registered General Power of
Attorney vide No. 2399 dated 22.02.2006
registered with Sub-Registry Office, Gulshan,
Dhaka, in favor of Momen Real Estates
Limited represented by its Chairman, Brig.
Gen. (Retd.) A. H. M. Abdul Momen or
Managing Director, Architect Ahmed Riad
Momen, to construct a Multi Storied Building
for Apartment as per RAJUK plan and to
execute any transfer deed regarding the
scheduled property as per Power of Attorney.

Chain of Ownership
and thus said Md. Afjal Hossain has become
the present owner and got mutated the
scheduled property in the Govt. revenue
record vide Mutation Case No. 8758/03
dated 17.08.2003 corresponding Dag Nos.
R.S. 857, 856, as per R.S. operation, and
paying ground rent thereof.

9. Ground Rent : Submitted ground rent payment receipt no.


B 437615 rent paid up to 1408 B. S. in
respect of 8.25 decimals, in the name of Mr.
Mirza M.A. Kashem.
OR

Photocopy of Ground Rent Payment Receipt


being No. L 475412 dated 17.05.2006 has been
submitted wherefrom it appears that rent has
been paid up to 1413 B. S. for an area of .97
(Point Nine Seven) ajutangsha pertaining to
Plot No. 163 in the name of the present owner
of the land, Mr. Kazi Abdul Bari.

10. Others : Submitted photocopy of succession certified


of Late Mosammat Jamila Khatun alias Dil
Afroj Begum, wife of Late Moulovi Mithan
Khan, issued by Haji Altaf Hossain,
Commissioner, Ward No. 6, dated
13.01.2005.
OR
Submitted certified copy of Redemption
Deed No. 9737 dated 22.09.2005, registered
with Sadar Sub-Registry Office, Narsingdi,
executed by Sonali Bank, Narsingdi Branch,
Narsingdi, in favour of M/S Monimukta Dying
Printing & Finishing Mills Limited represented
by its Chairman, Mrs. Fatema Gias &
Managing Director, Mr. Masud Parvez, land
measuring 103.75 decimals.

OR

Submitted photocopy of letter under


reference no. RAJUK/ESTATE/2186STHA
dated 13.04.2006 issued by RAJUK
permitting to appoint Momen Real Estates
Limited, represented by its Chairman, Brig.
Gen. (Retd.) A. H. M. Abdul Momen or
Managing Director, Architect Ahmed Riad
Momen as the lawful attorney of Mrs.
Sharmin Haque.

OR

Submitted photocopy of Power acceptance


letter issued by RAJUK vide its letter No.
RAJUK/ESTATE/3217(1)STHA dated
28.05.2006.

11. Non-encumbrance : Submitted photocopy of non-encumbrance


certificate certificate bearing govt. receipt no. 27242
dated 30.05.2001, in respect of 8.25
decimals or 5 katha of land.
OR

Photocopy of Non-encumbrance Certificate


along with Government Receipts bearing
Nos. 152/110 & 152/111 both dated
09.05.2006 has been submitted wherefrom it
appears that land measuring an area of 97
(Ninety Seven) decimals has not in any way
been encumbered or transferred within the
period from 1994 to 09.05.2006.

12. Municipal Holding and Tax : • 152/A, Bara Moghbazar, Dhaka City
Payment Receipt Corporation holding tax payment receipt
No. A 199561 payment up to 1994-95.
OR
• 40 No. Subal Das Road, payment up
to 2005-2006.

13. City Corporation Holding : Photocopy of City Corporation Holding Tax


and Tax Payment Receipt and Payment Receipt being No. 197934 has
been submitted wherefrom it appears that
holding tax has been paid for Flat No. A1,
Plot No. 6/A, Road No. 68, Gulshan up to
2003-2004 in the name of Mrs. Sayeeda
Begum.

13. Power of Attorney : Submitted photocopy of Power of Attorney


dated 04.10.2004, executed by (i) Abdul
Masud Khan (Masud), (ii) Abdul Gafur Khan
(Himu) & (iii) Albert Jalil Khan (Mistu), in
favour of Abdul Gani Khan.

OR
Submitted photocopy of certified copy of
Irrevocable Power of Attorney Deed No. 3978
dated 22.06.2005, with delivery receipt,
executed by Mrs. Begum Hasna Asad, wife of
Mr. M. A. Asad (Land Owner), in favour of
ANZ Properties Ltd. Represented by its
Managing Director Mr. Mohammad
Moinuddin, son of Maulana Abdul Mannan
(Developer), in respect of 5.53 decimals of
land.

OR

Submitted photocopy of certified copy of


Irrevocable Power of Attorney Deed No.
16888 dated 09.11.2004, executed by Mr.
Didarul Islam alias Mr. Didar Islam, son of Mr.
Amirul Islam (Land Owner), in favour of M/S.
DOM-INNO LTD., represented by its
Managing Director Arch. Abdus Salam
(Developer), in respect of 6.375 katha plus
110 sft. of land.
OR

Submitted photocopy of certified copy of


registered Power of Attorney being No. 2399
dated 22.02.2006 registered with Sub-
Registry Office, Gulshan, Dhaka executed by
Mrs. Sharmin Haque, in favour of Momen
Real Estates Limited, represented by its
Chairman, Brig. Gen. (Retd.) A. H. M. Abdul
Momen or Managing Director, Architect
Ahmed Riad Momen.
OR

Submitted photocopy of General Power of


Attorney No. 77 dated 08.02.1998, executed
by Golam Hossain & Md. Khorshed Alam, in
favour of M. D. Harun-or-Rashid, in respect of
land measuring 66 (sixty six) decimals.

14. Prior Permission : Submitted photocopy of prior permission


issued by RAJUK to the effect of creating
OR mortgage on the scheduled property in
favour of BANK ASIA LIMITED, Dhanmondi
Approval/Permission Letter Branch, Dhaka vide its letter No.
RAJUK/BISHOY/5884STHA dated 05.09.2006.

15. Approval Letter : Submitted photocopy of building plan being


memo no. RAJUK/NAA/3C-249/05/272 stha
dated 30.05.2005, approved by Rajdhani
Unnayan Kartipakkha (RAJUK), in favour of
Mrs. Begum Hasna Asad, for a 6 storied
residential building.

15. Deed of Agreement : Submitted photocopy of Deed of Agreement


dated 14.02.2006, executed between Mrs.
Sharmin Haque (Land Owner) as the One
Part and Momen Real Estates Limited,
represented by its Chairman, Brig. Gen.
(Retd.) A. H. M. Abdul Momen or its
Managing Director, Architect Ahmed Riad
Momen (Developer) as the Other Part.

16. Valuation : Not applicable.

16. Wanting papers/ : • Original title of Saf Kabala Deed No. 7394.
documents
• Certified copy of R.S. Khatian Nos. 214,
183, 176, S.A. Khatian Nos. 136, 175, R.S.
Dag Nos. 273, 283, 282, S.A. Dag Nos. 35,
40 and relevant D.P. Khatian.

• Certified copy of Mutation Khatian as per


R. S. operation along with D.C.R. in the
name of Md. Shoyeb Sarowar (Monju),
from concerned Assistant Commissioner of
land in respect of scheduled property.
OR

• Certified copy of mutation parcha along with


DCR issued by the Assistant Commissioner
(Land) in respect of land measuring 8.25
decimals as per R.S. operation in the name
of present owner Mrs. Amena Khatun.

• Bia deed (Saf Kabala Deed Nos. 3282,


7528, Partition Deed No. 2014).

• Up-to-date ground rent payment receipt in


respect of the scheduled property.

• Up-to-date Municipal holding tax payment


receipt in respect of the scheduled
property.

• Up to date City Corporation Holding Tax


payment receipt in respect of the
scheduled property (if any).

• Up to date Non-encumbrance certified in


respect of the scheduled land.
• Prior permission to be given by RAJUK
to the effect of creating mortgage on the
scheduled property, in favour of Dhaka
Bank Ltd. Gulshan Branch, Dhaka.

• Permission Letter issued by RAJUK


permitting Mr. Md. Atiqullah to mortgage
the property in favour of Bank Asia
Limited, MCB Dilkusha Branch.

• Permission Letter issued by RAJUK


permitting Mr. Md. Atiqullah to execute
Irrevocable General Power of Attorney
(IGPA) in favour of Bank Asia Limited, MCB
Dilkusha Branch to sell the mortgaged
property.

• Power of Attorney Nos. 20718 &


20719 dated 27.11.2005.

• Deed of Agreement between


Landowners & Developer.

• Affidavit bearing Notarial Certificate


No. 17 dated 25.10.1987.

• Death certificate of Begum Shamsun


Nahar Khan.

• Succession certificate regarding in


the name of Begum Shamsun Nahar Khan
from Ward Commissioner/Union Parishad.

17(a) Opinion : RIGHT TITLE


. In view of the above, we are of opinion that
S. M. Mozammel Haque has acquired
right, title & interest over the scheduled
property.

However, the Bank 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. 12 above. 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.
Moreover the Bank, before creating
mortgage upon the scheduled property
should verify the spot physically for
ascertaining the actual and peaceful
possession of the present owner over the
scheduled property and collect all original
copies instead of photocopies submitted to
us.

For this opinion, we have assumed that:

• all documents/papers submitted to us as


photocopies are complete and confirm 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 may rely upon it for any purpose,
without our previous written consent.

17(b) Opinion : PRIMA FACIE TITLE & OWNERSHIP

In view of the above, we are of opinion that


Md. Shoyeb Sarowar (Monju) 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. 12 above in
support of his right title & ownership over
the scheduled land.

However, the Bank 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. 12 above. 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.

Moreover the Bank, before creating


mortgage upon the scheduled property
should verify the spot physically for
ascertaining the actual and peaceful
possession of the present owner over the
scheduled property.

For this opinion, we have assumed that:


• all documents/papers submitted to us as
photocopies are complete and conform
to authentic and 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 may rely upon it for any purpose,
without our previous written consent.

If the Land Measure is different from Title Deed……..

Noted that ground rent receipt No. A 575646 paid up to 1394 B.S. showed rent was
paid .02250 ajutansha but land measuring 0.2587 ajutansha, rest of .0337 ajutansha
ground rent payment was due of the scheduled property, send us completed up to
date ground rent payment receipt in the names of (1) Md. Sohrab Hossain Hawlader
& (2) Md. Rafiqul Islam of the scheduled property.

If the land is the name of Company...(add before last Para of opinion)

It will not be out of place to mention here that the deed of mortgage supporting to be
executed by the owner MAB Spinning Ltd. will be required to be filed with the
Registrar Joint Stock Companies and Farms within 21 days following the date of
execution of the deed of mortgage.

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 documents/papers submitted to us as photocopies are complete and conform


to authentic and original documents.

• all representations and statements made with regard to the documents by the
parties are true and accurate.

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