Legal Opinion on Land vetting for a bank
Ref: mala/legalopinion/sbac/2023/02/06/01
| Dated: 06 February, 2023 |
To
Branch Manager
South Bangla Agriculture & Commerce Bank Limited
Tejgaon Link Road Branch
Shanta Western Tower
186 Bir Uttam Mir Shawkat Ali Road,
Tejgaon I/A, Dhaka-1208, Bangladesh
Subject: Legal opinion upon vetting of the property documents on Account of Zahir Uddin
Ahmed, Managing Director on behalf of B.N.S Filling Station Limited.
Dear Sir,
We acknowledge with thanks your kind instructions to peruse and advice on the matter referred to above. We understand that South Bangla Agriculture & Commerce Bank Limited, Tejgaon Link Road Branch intends to check and verify provided documents of said properties so that it can procure the schedule properties. We have now had the opportunity to consider the documents provided us and our opinion is as follows:
| 1. | Owner of the property | : | Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited of 42/B, West Tejturi Bazar, Dhaka-1215. |
| 2. | Description of the property | : | All that piece and parcels of land measuring (3+4) 7 (Seven) decimals. [Schedule I] District: Dhaka, P.S/ Upazila: Ashulia/Savar, Union: Yarpur, Mouza: Zirabo, Sub-Registry Office: Ashulia Sub-Registrar Office, Ashulia, Dhaka, J.L No: C.S 603, S.A 118, R.S 116, B.R.S 81. Khatian No. C.S 25, S.A. 47, R.S. 12, B.R.S 334, Mutation Khatian No. 938, Jote No. 938, Pot No. C.S & S.A. 14, R.S 174, B.R.S 801. In all these plots total land 59 decimals from where total sold property 03 (Three) decimals vide Saf-Kabla deed No. 9219 dated 29.08.2021. Butted and Bounded by: On the North : Sharmin Sultana. On the South : Owner himself. On the East : Boundary wall and then road. On the West : Road and township road. Page No 1 of 4 [Schedule II] District: Dhaka, P.S/ Upazila: Ashulia/Savar, Union: Yarpur, Mouza: Zirabo, Sub-Registry Office: Ashulia Sub-Registrar Office, Ashulia, Dhaka, J.L No: C.S 603, S.A 118, R.S 116, B.R.S 81. Khatian No. C.S 25, S.A. 47, R.S. 12, B.R.S 334, Mutation Khatian No. 938, Jote No. 938, Pot No. C.S & S.A. 14, R.S 174, B.R.S 801. In all these plots total land 59 decimals from where total sold property 04 (Four) decimals vide Saf-Kabla deed No. 81 dated 04.01.2021. Butted and Bounded by: On the North : Sharmin Sultana. On the South : Owner himself. On the East : Boundary wall and then road. On the West : Road and township road. |
| 3. | Area | : | All that piece and parcels of land measuring (3+4) 7 (Seven) decimals. |
| 4. | Title Deed(s) | : | Registered Saf-Kabla Deed no. 9219 dated 29.08.2021 and Registered Saf-Kabla Deed No. 81 dated 04.01.2021 both of these deeds stand in the name of Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited.
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| 5. | Bia Deed(s) | : | I. Declaration of heba deed no. 14198 dated 22.04.2009.
II. Heba deed no. 6917 dated 13.08.1981.
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| 6. | Mutation | : | An area of measuring (3+4) 7 (Seven) decimals land was duly mutated in the name of Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited in respect of the land through mutation and separation case no. 7132/21-22, dated 09-01-2022.
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| 7. | Khatian(s) | : | I. C.S. Khatiyan No. 25.
II. S.A. Khatiyan No. 47. III. R.S. Khatiyan No. 12. IV. B.R.S. Khatiyan No. 334
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| 8. | Chain of Ownership | : | [For the property of schedule I & II]
That Abdul Gafur Munshi became the owner of the properties of schedule I & II vide the record of S.A. Khatiyan No. 47 and R.S. Khatiyan No. 12 and sale deed. Page No 2 of 4
Thereafter being the owner of the properties said Abdul Gafur Munshi transferred the properties of schedule I & II to his son Md. Fazlul Haque vide registered Heba deed no. 6917 dated 13.08.1981. Later on Rafiqul Haque Rubel became the owner of the properties of schedule I & II vide registered Declaration of heba deed no. 14198 dated 22.04.2009. Thereafter Rafiqul Haque Rubel mutated the scheduled property I & II in his name vide Mutation Khattian No. 667, Jote No. 667, whereby Mutation Case no. 4011/2019-20 of Assistant Commissioner (Land), Ashulia Revenue Circle, Ashulia, Dhaka office dated 17.11.2019 and paid the rent accordingly. Then, being the owner of the properties said Rafiqul Haque Rubel transferred the properties of schedule I & II to Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited vide registered Saf-Kabla deed no. 9219 dated 29.08.2021 and registered Saf-Kabla deed no. 81 dated 04.01.2021. Finally, Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited mutated the scheduled property I & II in his name vide Mutation Khattian No. 938, Jote No. 938, whereby Mutation Case no. 7132/21-22 of Assistant Commissioner (Land), Ashulia Revenue Circle, Ashulia, Dhaka office dated 09.01.2022 and paid the rent accordingly.
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| 9. | Ground Rent | : | Ground rent paid up to Bangla year: 1429 through Receipt Serial No. 269622004367 and Chalan No. 2122 0005213931 dated: 11/05/2022 in the name of Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited of the said area of (3+4) 7 (Seven) decimals land. |
| 10. | Non-Encumbrance certificate (NEC) | : |
Not Submitted with the file |
| 11. | Other | : | Not Submitted with the file |
| 12. | Required papers/ documents | : | I. Up to date Non-encumbrance Certificate (NEC) in respect of the land.
II. Saf-Kabla deed in the name of Abdul Gafur Munshi.
Page No. 3 of 4
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| 13. | Opinion | : | In view of the above, we are of the opinion that Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited prima facie acquired the right title & ownership over the land.
So, according to the provided documents South Bangla Agriculture & Commerce Bank Limited, Tejgaon Link Road Branch can procure the scheduled land, as we found the provided documents correct and clear.
Though we have found some discrepancy that we want to give notice to the Bank that no ownership deed of Abdul Gafur Munshi and Non-Encumbrance Certificate (NEC) found with the provided documents.
We recommend to procure all title deeds relevant to the schedule properties in the name of Zahir Uddin Ahmed, Managing Director on behalf of B.N.S Filling Station Limited.
In addition, South Bangla Agriculture & Commerce Bank Limited, Tejgaon Link Road Branch before taking the property should verify the property physically for ascertaining actual and peaceful possession of the landowner over the same. Please note that, this is our primary observation regarding the property documents referred to us, we will provide our Final Legal Opinion regarding the same after getting all papers & documents as mentioned in the Column No. 12 above. For this opinion, we have assumed that: · 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.
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Upon the above description, we are of the opinion that after having satisfied all ownership documents and proper comments on such discrepancy South Bangla Agriculture & Commerce Bank Limited, Tejgaon Link Road Branch can procure above mentioned property.We hope we have dealt with the issues that seem pertinent in the context of the instruction. If, however, there are any specific or general queries, please do not hesitate to contact with us.
Yours sincerely,
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Muhammad Mohiuddin Advocate, District and Session Court, Dhaka |
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