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Legal Opinion on Property Vetting

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0% found this document useful (0 votes)
97 views5 pages

Legal Opinion on Property Vetting

Uploaded by

Fuad Hasan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

REF: TLE /FEB-2025 /03 /07-285 /UCB-CHINIS /BISMILLAH-LO

March 18, 2025


Revised on September 08, 2025
Branch Manager
UNITED COMMERCIAL BANK PLC
Chinispur Branch
G. M. Bhuiyan Tower, Velanagar Bus Stand
Vill. Chinispur, P.S. Narsingdi Sadar. Dist. Narsingdi.

Subject: LEGAL OPINION upon Vetting of the property documents on account of


A/C: M/S BISMILLAH ENTERPRIZE.
Dear Sir,
Accept the best compliments from The Legal Empire. With reference to your request we have meticulously perused the
papers and documents referred to us regarding the captioned account. Our opinion go as follow:

SYNOPSIS OF THE PROPERTY


Name of the BORROWER : M/S BISMILLAH ENTERPRIZE

Name of the property Owner(s) : SHOHEL MIAH

Mode of Acquisition : Purchase

Nature of Property : Freehold

Quantum of Property : As per Deed(s) : 06 Decimal

As per Mutation(s) : 06 Decimal

Mortgagable Land : 06 Decimal

Mutation Status : Up to date as per latest survey in the name of the present owner.

Ground Rent Status : Up to date is submitted

Chain of Ownership : In order and unbroken.

Observation : Yes.
{1} PARTICULARS OF THE PROPERTY OWNER(S):
SHOHEL MIAH, son of Ataur Rahman and Monwara Begum, Date of birth-15/03/1984, NID-236 340 5727, of Naiz,
Nalbata, Hasnabad, P.O. Bazar Hasnabad, P.S. Raipura, Dist. Narsingdi.
{2} PARTICULARS OF THE BORROWER(S):
M/S BISMILLAH ENTERPRIZE, a proprietorship concern, having its business address at Nur Mohammad Khan Tower,
Jailkhanar More, Narsingdi, represented by its proprietor, Shohel Miah, bearing e-TIN-762105839914.
{3} SCHEDULE OF THE PROPERTY:
All that piece and parcel of land measuring 06 (Six) Decimal alongwith any structure constructed or to be constructed
thereon situated within District-Narsingdi, P.S. Narsingdi Sadar, Sub-Registry Office-Sadar, Narsingdi, Mouza-Birpur,
J.L. No. C.S. 288, S.A. 53, R.S. 45, B.R.S. 45, Mutation Khatian No. 1141 (R.S.) then 25-708 (B.R.S.) under Jote No.
1141 (R.S.) then 25-708 (B.R.S.), under the following Khatian and Dag Numbers:
Khatian Numbers Dag Numbers As per As per Mortgagable
Deed(s) Mutation Land
C.S. S.A. R.S. B.R.S. C.S. R.S. B.R.S. (Decimal) (Decimal) (Decimal)
& S.A.
18 & 35 23 & 47 24 & 116 108 35 & 43 74 & 75 284 06 06 06

Butted and bounded by:


On the North Land of Md. Monirul Islam On the South Land of Md. Abdul Mojid
On the East Land of Md. Iman Ali On the West 6 Feet Road then Land of Md. Khokan Gong
{4} QUANTUM ANALYSIS OF THE PROPERTY:
As per Deed(s) : 06 Decimal
As per Mutation(s) : 06 Decimal
Mortgagable Property : 06 Decimal alongwith any structure constructed or to be constructed thereon.
{5} ANALYSIS OF DOCUMENT(S) REFERRED:
In connection with the property described above, we have been referred the following documents (all photocopies):
5.1. Title Deed(s):
Saf Kabla Deed No. 9827 dated 12-06-2023, registered with the Sadar Sub-Registry Office Narsingdi executed Md.
Abdul Halim, Md. Jakir Hossain, Abdullah Al Mahmud, Saiyeda Jannat Sultana, Segufta in favor of Sohel Miah.
Deed Status : Certified copy with S.R.O. Token is submitted.

5.2. Bia-Deed(s):
 Saf Kabla Deed No. 8705 dated 31-07-1982.
 Saf Kabla Deed No. 8708 dated 31-07-1982.
 Saf Kabla Deed No. 987 dated 20-01-1969.
 Saf Kabla Deed No. 16584 dated 30-07-1975.
 Saf Kabla Deed No. 16585 dated 30-07-1975.

-Pg. 2 of 5-
5.3. Khatian /Porcha :

Name of C.S. recorded owner Khatian Dag Area of Land


Bhusai Mishtri 18 43 59 Dec.
Mahesh Bhuimali and Mahendra Chandra Bhuimali 35 35 29 Dec.

Name of S.A. recorded owner Khatian Dag Area of Land


Kali Kumar Sutradhar 23 43 51 Dec.
Kunja Mohan Malo and others 47 35 29 Dec.

Name of R.S. recorded owner Khatian Dag Area of Land


Ahmad Ullah 24 74 (A.) 09 Dec.
Sachirani Sutradhar and others 116 75 51 Dec.

Name of B.R.S. recorded owner Khatian Dag Area of Land


Md. Abu Taher and others 108 284 11 Dec.

5.4. Mutation:
Mutation Khatian No. 25-708 alongwith Duplicate Carbon Receipt (DCR) bearing No. 25686004517047 is submitted
wherefrom it appears that land measuring an area of 06 Decimal against B.R.S. Dag No. 284 under Jote No. 25-708 is
mutated in the name of Shohel Miah vide Mutation & Separation Case No. 17047(IX-I) /2024-25 dated 12-03-2025 as
per B.R.S. Survey.

5.5. Ground Rent:


Ground Rent Payment Receipt No. 686025101560 dated 17-03-2025 is submitted wherefrom it appears that rent is paid
up to 2024-2025 F.Y. for an area of 06 Decimal against B.R.S. Dag No. 284 in the name of Shohel Miah.
5.6. Holding Tax: Not submitted.
5.7. Non-Encumbrance Certificate (NEC): Not submitted.
5.8 Other(s):
 Succession Certificate of Late Abu Taher Rahman vide memo no. 2705/ 06-ward-22 dated 16-02-2023
 Succession Certificate of Late Mst. Hafeza Khatun dated 15-02-2023.
 D.P. of B.S. Khatian No. 108.

{6} SUCCESSIVE CHAIN OF OWNERSHIP:


It appears from the submitted deeds and documents that one Kali Kumar Sutradhar was the S.A. [Khatian No. 23, Dag
No. 43] recorded owner(s) of some property.
Afterwards, said Kali Kumar Sutradhar died leaving behind his daughter, Sachi Rani Suttadhar, wife, Fulbala and others
as his lawful successor(s) and they acquired the property by way of succession.
Later, said Sachi Rani Suttadhar, Fulbala and others recorded their names in R.S. [Khatian No. 116, Dag No. 75]
Survey.
Thereafter, said Sachi Rani Sutradhar sold some property [9 Dec. under R.S. Dag No. 75] to Abdul Halim Mia alias Md.
Abdul Halim through Saf Kabla Deed No. 8705 dated 31-07-1982.
Afterwards, said Sachi Rani Sutradhar sold some more property [8 Dec. under R.S. Dag No. 75] to Mst. Hafeza Khatun
and Mst. Sultana Rajia through Saf Kabla Deed No. 8708 dated 31-07-1982.

-Pg. 3 of 5-
On the other hand, Md. Jafar Ali was the owner of some property by way of purchase.
Thereafter, said Md. Jafar Ali sold some property [9 Dec. under Dag No. 35] to Ahammad Ulla through Saf Kabla Deed
No. 987 dated 20-01-1969.
Afterwards, said Ahammad Ulla sold some property [04 Dec. under Dag No.35] to Md. Abdul Halim and Abdullah-Al
Mahmud through Saf Kabla Deed No. 16584 dated 30-07-1975.
Thereafter, said Ahammad Ulla sold some more property [05 Dec. under R.S. Dag No. 74] to Md. Abu Taher alias Abu
Taher Rahman, Md. Jakir Hossain and Mst. Hafeza Khatun through Saf Kabla Deed No. 16585 dated 30-07-1975.
Later, said Md. Abu Taher alias Abu Taher Rahman and others recorded their names in B.R.S. [Khatian No. 108, Dag
No. 284] Survey.
Afterwards, said Mst. Hafeza Khatun died leaving behind her sons, Md. Abdul Halim, Md. Abu Taher alias Abu Taher
Rahman, Md. Jakir Hossain, Abdullah-Al Mahmud, Abdulla Mia as her lawful successor(s) and they acquired the
property by way of succession.
Thereafter, said Md. Abu Taher alias Abu Taher Rahman died sonless and leaving behind his brothers, Md. Abdul
Halim, Md. Jakir Hossain, Abdullah-Al Mahmud, Abdulla Mia, wife, Saiyeda Jannat Sultana, only daughter, Segufta as
his lawful successor(s) and they acquired the property by way of succession.
Afterwards, said Md. Abdul Halim, Md. Jakir Hossain, Abdullah-Al Mahmud, Saiyada Jannat Sultana, Segufta sold the
schedule property to Shohel Miah through Saf Kabla Deed No. 9827 dated 12-06-2023.
Thus, said Shohel Miah has become the present owner(s) of the scheduled property and got mutated the land in the
Govt. revenue record vide Mutation & Separation Case No. 17047(IX-I) /2024-25 dated 12-03-2025 and is paying
ground rent(s) thereof.
{7} OUR OBSERVATION(S):
1. B.R.S Khatian number is mentioned in the Title Deed. But, Dag number is not mentioned.
2. In title deed there are two C.S. Dags (35 & 43) whereby only C.S. Khatian No. 35 (under Dag No. 35) is mentioned.
And another Khatian Number (18) was not mentioned.
3. Due to unavailability of information it could not be determined as to how the property is transferred from C.S.
recorded owners to S.A. recorded owners.
As entire chain of ownership is unbroken and series of property documents is in order, therefore, the property may be
accepted as collateral security (despite of the drawback) and for the protection of Bank’s interest, a Letter of Indemnity
may be obtained to the effect that the client will take full responsibility and shall indemnify the Bank in this regard in case
of any default.
{8} WANTING / REQUIRED DOCUMENTS:
Up to date NEC.

-Pg. 4 of 5-
“OUR OPINION”
In light of the above, we are of the opinion,
i. That Shohel Mia has acquired good right, title & ownership over schedule property (morefully described in
column no. 3 above) as per the submitted Deeds & Documents.

ii. That transfer of ownership and Chain of Ownership /documents is found in order and unbroken.

iii. That bank may accept the schedule property (mentioned above) as collateral security against the credit facility
by way of registered mortgage with power to sale without intervention of the Court as provided in section
69 of The Transfer of Property Act 1882 or under Section 12 of The Artha Rin Adalat Ain, 2003 to protect
bank’s interest at large in case of any default in future subject to collection of wanting document.
However, it is always advisable and strongly recommended that bank shall comply with following 3 (Three) steps before
accepting the Scheduled Property in the form of registered mortgage as security against any credit facility:
i) obtaining all title deed/documents/records of right in original in its safe custody;
ii) physical verification of spot to ascertain the actual possession of the Landowner over the Scheduled Land
iii) proper demarcation of the Scheduled Land.
For this opinion, we assume that all documents/papers submitted to us as photocopies are complete and conform to authentic and original documents and all representations and statements made with regard to the documents are true and accurate. This opinion is rendered only to the addressee and is solely for the addressee’s
benefit. No other person /organization can rely upon it for any purpose whatsoever without previous written consent of the undersigned.

Yours sincerely,

………………………
Fuad Hasan
LL.B. (Hon’s) LL.M.
Advocate, Supreme Court of Bangladesh
For: The Legal Empire

-Pg. 5 of 5-

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