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Vetting Final

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0% found this document useful (0 votes)
169 views7 pages

Vetting Final

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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September 20, 2022

To,
The Manager
Trust Bank Limited
Principal Branch
98 Shaheed Sarani
Dhaka Cantonment, Dhaka-1206

Sub: Vetting of Property documents on account of Mr. Mehedi Hassan, son of Late
Mahtab Uddin Ahmed, a client of Trust Bank Limited, Principal Branch,
Dhaka.

Dear Sir,

Please refer to the subject mentioned above. We have checked, perused and verified the
paper(s)/document(s) referred to us and our findings are as follows:

i) Proposed owner of : MEHEDI HASSAN, son of Late Mahtab Uddin Ahmed &
the Property as per Hasibun Nessa, Date of Birth- 15.11.1976, having his
Deed of Agreement permanent address at House No. 03, Ward No. 28, Miapara,
dated 13.09.2022 Khulna, and present address at House No. 102, D-16, Navy
Head Quarter, Banani, Dhaka Cantonment, Dhaka, By
Religion- Islam, By Nationality- Bangladeshi by Birth, bearing
National ID No. 4609474897 and TIN No.
865768881918/Taxes Circle- 004, Taxes Zone- Khulna.

ii) Present Attorney of : MD. MURSHEDUL ALAM, son of Late Moulovi Matiur Rahman
the Property and Karimunnessa, Date of Birth: 24.03.1966, having his
address at Samit Hasan Lodge, Flat No. 1C, Road No. 6/C,
Shegunbagicha, Post Office: GPO-1000, Police Station:
Shahbagh, District: Dhaka, By Religion-Islam, By Nationality-
Bangladeshi by Birth, bearing National ID No. 4169941699,
and e-TIN No. 559232602537/Taxes Circle- 020, Taxes Zone-
1, Dhaka.

iii) Description of the : All that premises of a Flat being Flat No. 03, Floor No. 09,
Property Tower No. T1, Building No. B/3, measuring an area of 1553
(One Thousand Five Hundred Fifty Three) sft. along with 01
(One) Garage being No. B3-06 measuring an area of 125 (One
Hundred Twenty Five) sft., total measuring an area of 1678

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(One Thousand Six Hundred Seventy Eight) sft. of a multi
storied building along with undivided & un-demarcated
proportionate share of land measuring an area of 0.676 (Zero
Point Six Seven Six) decimals or 67.60 Ajutangshas or
0.00676 acre out of total land measuring an area of 1602
decimals or 16.02 acres, with all general facilities of the said
building, including other common amenities such as roof,
stairs, lift, entrance, gas, water, common space, play ground,
mosque, community center, generator, etc., situated within
District- Dhaka, Police Station- Sabek Mirpur, then Kafrul,
then Pallabi, & Sub-registry Office: Sabek Mirpur, at present
Pallbi, Mouza- Sabek Senpara Parbata, at present Uttar
Senpara Parbata, J.L. Nos. Sabek-220, at present-11, Section
No. 15, Block-D, Sabek Institutional, at present Residential
cum Commercial Plot No. ½ under Mirpur Housing Estate,
being butted and bounded by-

On the North- --------


On the South- -------
On the East----------- &
On the West- ---------

iv) Quantum of the : A Flat being Flat No. 03, Floor No. 09, Tower No. T1, Building
Flat & Land No. B/3, measuring an area of 1553 (One Thousand Five
Hundred Fifty Three) sft. along with 01 (One) Garage being No.
B3-06 measuring an area of 125 (One Hundred Twenty Five)
sft., total measuring an area of 1678 (One Thousand Six
Hundred Seventy Eight) sft. of a multi storied building along
with undivided & un-demarcated proportionate share of land
measuring an area of 0.676 (Zero Point Six Seven Six)
decimals or 67.60 Ajutangshas or 0.00676 acre out of total
land measuring an area of 1602 decimals or 16.02 acres.

v) Title Deed referred : Deed of Agreement (Baina Nama) being Notary Reg. No. 5487
dated 13.09.2022 has been executed between Md. Murshedul
Alam, son of Late Moulavi Matiur Rahman and Karimunnessa,
(as 2nd Party/Seller), in favour of Mehedi Hassan, son of Late
Mahtab Uddin Ahmed & Hasibun Nessa (as 1st
Party/Purchaser).

2
Power of Attorney Deed No. 5570 dated 27.09.2021 has been
executed by Mohammad Abdul Haque, son of Late Mobashir
Ali, in favour of Md. Murshedul Alam, son of Late Moulavi
Matiur Rahman and Karimunnessa.

vi) Bia Deed(s) : Partition Deed No. 5039 dated 16.08.2018/19.08.2018 has
been executed amongst Mohammad Abdul Haque, son of Late
Mobashir Ali, and 29 others.

Supplementary Agreement for Allocation of Flat being Deed No.


5340 dated 27.05.2017/28.05.2017 has been executed
amongst Muktijoddah-o- Muktijoddah Paribar Kalayan Samity,
represented by (i) President, Mr. A.T. Abdul Haque Choudhury,
son of Late Alimul Huq Choudhury, & (ii) General Secretary,
Mr. Md. Mursedul Alam, son of Late Moulavi Matiur Rahman,
and Rakeen Development Company (BD) Ltd., represented by
its Managing Director, Mr. S.A.K. Ekramuzzaman.

Power of Attorney Deed No. 8004 dated


19.06.2010/20.06.2010 has been executed by Muktijoddah-o-
Muktijoddah Paribar Kalayan Samity, represented by (i)
President, Mr. A.T. Abdul Haque Choudhury, son of Late
Alimul Huq Choudhury, & (ii) General Secretary, Mr. Md.
Mursedul Alam, son of Late Moulavi Matiur Rahman, in favour
of Rakeen Development Company (BD) Ltd., represented by its
Managing Director, Mr. S.A.K. Ekramuzzaman.

Deed of Agreement No. 7187 dated 07.06.2010/08.06.2010


has been executed between Muktijoddah-o- Muktijoddah
Paribar Kalayan Samity, represented by (i) President, Mr. A.T.
Abdul Haque Choudhury, son of Late Alimul Huq Choudhury,
& (ii) General Secretary, Mr. Md. Mursedul Alam, son of Late
Moulavi Matiur Rahman, in favour of Rakeen Development
Company (BD) Ltd., represented by its Managing Director, Mr.
S.A.K. Ekramuzzaman.

Lease Deed No. 3397 dated 16.06.1999 has been executed by


the Government of People's Republic of Bangladesh, in favour
of Muktijoddah-o- Muktijoddah Paribar Kalayan Samity,
represented by (i) President, Mr. A.T. Abdul Haque Choudhury,
son of Late Alimul Huq Choudhury, & (ii) General Secretary,

3
Mr. Md. Mursedul Alam, son of Late Moulavi Matiur Rahman.

vii) Mutation Khatian : Photocopy of Mutation Proposal Letter along with Duplicate
Carbon Receipt (DCR) being book No. H 11547, Page No.14 has
been submitted, wherefrom it appears that the name of present
owner of the property, i.e. Mohammad Abdul Haque, has been
recorded in the Mutation Khatian as per Mutation &
Separation Case No. 4362/2018-19 dated 08.01.2019, in
respect of the schedule property, pertaining to Plot No. 1/2,
under Jote No. 71/57.

viii) Ground Rent : Photocopy of Ground Rent-receipt bearing No. N 586764 dated
illegible has been submitted that shows the ground rent has
been paid up to 1429 B.S. in the name of Mohammad Abdul
Haque, in respect of the schedule property, pertaining to Plot
No.1/2, under Jote No. 71/57.

ix) Non-encumbrance : Submitted.


Certificate

x) Others Document(s) : RAJUK Approval Letter being No. bAA-3/3wm-3we-1259/11/1365


¯’v, bAA-3/3wm-3we-1259/11/1366 ¯’v Zvs 11/10/2011 Bs has been
submitted.

Municipal Holding Tax-receipt has been submitted, but not up


to date.

xi) Chain of ownership : WHEREAS, the proposed owner of the property, i.e. Mehedi
Hassan, son of Late Mahtab Uddin Ahmed & Hasibun Nessa,
entered into a Deed of Agreement (Baina Nama) being Notary
Reg. No. 5487 dated 13.09.2022 with the present owner of the
Attorney, i.e. Md. Murshedul Alam, son of Late Moulavi Matiur
Rahman and Karimunnessa.

AND WHEREAS, Md. Murshedul Alam, son of Late Moulavi


Matiur Rahman and Karimunnessa, appointed as the attorney
for the schedule property vide Power of Attorney Deed No. 5570
dated 27.09.2021 by Md. Mohammad Abdul Haque, son of Late
Mobashir Ali.

4
AND WHEREAS, Md. Murshedul Alam, son of Late Moulavi
Matiur Rahman and Karimunnessa, has been appointed as the
attorney for the schedule property vide Power of Attorney Deed
No. 5570 dated 27.09.2021 by Md. Mohammad Abdul Haque,
son of Late Mobashir Ali.

AND WHEREAS, Md. Mohammad Abdul Haque, son of Late


Mobashir Ali, got the schedule property by way allotment from
Muktijoddah-o- Muktijoddah Paribar Kalayan Samity as its
member. Subsequently, a Partition Deed No. 5039 dated
16.08.2018/19.08.2018 has been executed amongst
Mohammad Abdul Haque, son of Late Mobashir Ali, and 29
others.

AND WHEREAS, Muktijoddah-o- Muktijoddah Paribar


Kalayan Samity, acquired the total land more fully described
in the schedule by way of lease vide Lease Deed No. 3397 dated
16.06.1999 from the Government of People's Republic of
Bangladesh.

AND WHEREAS, Muktijoddah-o- Muktijoddah Paribar


Kalayan Samity, has entered into an agreement vide Deed of
Agreement being No. 7187 dated 07.06.2010/08.06.2010 with
Rakeen Development Company (BD) Pvt. Ltd., represented by
its Managing Director, Mr. S.A.K. Ekramuzzaman.
Subsequently, Muktijoddah-o- Muktijoddah Paribar Kalayan
Samity, appointed Rakeen Development Company (BD) Pvt.
Ltd. as their attorney to develop the schedule property vide
Power of Attorney Deed No. 8004 dated
19.06.2010/20.06.2010. However, Rakeen Development
Company (BD) Ltd., and Muktijoddah-o- Muktijoddah
Paribar Kalayan Samity executed a Supplementary Agreement
for Allocation of Flat being Deed No. 5340 dated
27.05.2017/28.05.2017.

5
xii) Wanting Paper(s) :  Up to date Municipal Holding Tax Receipt;
 Present Boundary of the Schedule Property;
 Mortgage Permission, and Sale Permission to be obtained
from the National Housing Authority to execute and registry
the related Sale Deed and Mortgage Deed.

xiii) Opinion : After verification of paper(s)/document(s), it appears that the


proposed owner of the property, i.e. MEHEDI HASSAN, son of
Late Mahtab Uddin Ahmed & Hasibun Nessa, Date of Birth-
15.11.1976, having his permanent address at House No. 03,
Ward No. 28, Miapara, Khulna, and present address at House
No. 102, D-16, Navy Head Quarter, Banani, Dhaka
Cantonment, Dhaka, By Religion- Islam, By Nationality-
Bangladeshi by Birth, bearing National ID No. 4609474897
and TIN No. 865768881918/Taxes Circle- 004, Taxes Zone-
Khulna, has acquired prima facie right, over the described
property.

On the basis of the above observations, we are of the view that


the Trust Bank Limited, Principal Branch may accept the
property as security against any Loan/Lease Finance Facility
subject to physical spot verification by its official to
ascertain the actual possession and visit the respective
Sub-Registrar & Rent Collector (Tohshil) Office physically
to ascertain the authenticity and genuineness of the above
deeds and documents.

However, the Trust Bank Limited is advised to collect


wanting papers before execution of mortgage formalities
and post a signboard in the prominent place inscribing
that the property is mortgaged/encumbered with Trust
Bank Limited, Principal Branch.

It further appears that all the submitted paper(s)/ document(s)


are of photocopies. Trust Bank Limited is advised to collect
authentic original of those paper(s)/document(s).

6
For this opinion we have assumed that all representation and statements made with
regard to the document by the parties are true and accurate.

This opinion is rendered only to you as our client and solely for your benefit. Any other
person may not rely upon it for any purpose without our previous written consent.

Please feel free to call us if you have any further query in this regard.

Thanking You

Mostafizur Rahman Hawlader


Advocate
Supreme Court of Bangladesh

For:

M. R Hawlader & Associates


3/4-A, Purana Paltan, Shabbir Tower
(5th Floor), Lift-4, Room-603, Dhaka-1000

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