LA/ DBBL/IMB/JS&AFR/2021/13044

June 30, 2021

Head of Branch
Dutch-Bangla Bank Limited
Imamgonj Branch
22/1-23 (2nd & 3rd Floor),
Roy Iswarchandra Sill Bahadur Street,
Imamganj, Dhaka

Sub: Legal opinion upon vetting of the property documents standing in the name
of Md. Moajjem Hossain on A/C of Md. Moajjem Hossain.

Dear Sir,

We refer to your earlier instruction on the captioned subject and confirm having
carefully studied, examined and verified the said landed property papers and
documents made available to us for our legal opinion. Accordingly, we set forth
below our findings:

01. Name of the Borrower/Client:

 Md. Moajjem Hossain, Date of Birth: 01.01.1973, National Id No. 824 423
8716, bearing TIN No. 225-104-1973/Circle- 79, Zone-07, Dhaka, son of Md.
Khalilur Rahman and Monowara Begum, having address at House/Holding
No. 60/19 M 2 Dhalpur, Village/Road: Dhalpur, Post Office: Faridabad-
1204, Police Station: Jattrabari, Dhaka South City Corporation, District:
Dhaka, by profession- Business, by faith- Islam, Nationality- Bangladeshi by
birth.

02. Owner of the property:

 Md. Moajjem Hossain, Date of Birth: 01.01.1973, National Id No. 824 423
8716, bearing TIN No. 225-104-1973/Circle- 79, Zone-07, Dhaka, son of Md.
Khalilur Rahman and Monowara Begum, having address at House/Holding
No. 60/19 M 2 Dhalpur, Village/Road: Dhalpur, Post Office: Faridabad-
1204, Police Station: Jattrabari, Dhaka South City Corporation, District:
Dhaka, by profession- Business, by faith- Islam, Nationality- Bangladeshi by
birth.
03. Description of the property:
SCHEDULE1

All that piece and parcel of land measuring 04.70 (four point seven zero)
decimal [As per Mutation], situated within District: Dhaka, Police Station &
Sub-Registry Office: Demra, J.L. Nos. C.S. 342, S.A. 342, R.S. 15, City- 21,
Mouza-“Brahmonchiron”, Khatian No. C.S. 49, S.A. 923 or 777, R.S. 233,
Dhaka City Jarip- 160, corresponding to C.S. Dag No. 682 (six hundred
eighty two), S.A. Dag No. 2333 (two thousand three hundred thirty three),
R.S. Dag No. 1972 (one thousand nine hundred seventy two), City Dag No.
1890 (one thousand eight hundred ninety), being Mutation Khatian No.
2099 vide Mutation and Separation Case No. 235/2014-2015 dated
133
14.08.2014, under Jot No. as per City operation.
11

Butted and bounded by:

On the North : Madrasa;

On the South : Mosque;
On the East : Road;
On the West : Land of Hazi Md. Ibrahim & others.

04. Area:

 Land measuring 04.70 (four point seven zero) decimal.

05. Title Deed Referred:

 Submitted photocopy of Original Saf Kabala Deed No. 1566 dated

18.03.2004
, registered within the Demra Sub-Registry Office of Dhaka,
20.03.2004
executed by Md. Abdul Jobbar, in favor of Md. Moajjem Hossain, in respect
of the land measuring 04.95 (four point nine five) decimal [including the
scheduled land measuring 04.70 (four point seven zero) decimal].

06. Bia Deed:

 Not Submitted.

07. Mutation:

1
This is here to be noted that as per scheduled of the Title Deed i.e. Saf Kabala Deed No. 1566
18.03.2004
dated referred Khatian No. C.S. 49 & S.A. 923 and Dag No. C.S. 682 & S.A.
20.03.2004
2333. But in the mutation proposal letter we have observed that mentionable S.A. Khatian No.
777 & Dag No. 2333, which found relevant to the schedule land and as per said S.A. Khatian No.
777, corresponding to Dag No. 2333 we have found that mentionable Sabek Khatian No. 923. In
this regard we need clarification.
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  Submitted photocopy of Certified Mutation Khatian No. 2099, along with
Duplicate Carbon Receipt (D.C.R) being Page No. 23, Book No. C 17990
dated 01.09.2014 [along with the extract copy of mutation recommendation],
wherefrom it appears that the scheduled land measuring 04.70 (four point
seven zero) decimal, pertaining to City Dag No. 1890 (one thousand eight
hundred ninety), has duly been mutated in the name of the present owner
of land i.e. Md. Moajjem Hossain vide Mutation and Separation Case No.
133
235/2014-2015 dated 14.08.2014, under Jot No. as per City operation.
11

08. Khatian (s):

 Submitted photocopy of Certified Damaged S.A. Khatian No. 777,

corresponding to Dag Nos. 2333 & 2308.

 Submitted photocopy of Certified S.A. Khatian No. 777, corresponding to

Dag No. 2333, along with other Dag, in respect of the land measuring 41
decimal, as per said Dag, recorded in the name of Mamud Hossain.

 Submitted photocopy of Certified R.S. Khatian No. 233, corresponding to

Dag No. 1972, along with other Dag, in respect of the land measuring 40.40
decimal, as per said Dag, recorded in the names of Nekbor Ali, Akkas Ali,
Abbas Ali, Sufia Khatun & others.

 Submitted photocopy of Certified Dhaka City Jarip Khatian No. 160,

corresponding to Dag No. 1890, in respect of the land measuring 06.35
decimal, recorded in the name of Md. Abdul Jobbar.

09. Ground Rent:

 Submitted photocopy of Ground Rent Payment Receipt being No. P 875603

dated 15.05.2019, wherefrom it appears that rent has been paid up to the
133
year 1427 B.S. under Jot No. , for an area of the scheduled land
11
measuring 04.70 (four point seven zero) decimal, pertaining to City Dag
No. 1890 (one thousand eight hundred ninety).

10. Chain of Ownership:

The chain of ownership of the scheduled land (minimum 25 years):

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 It appears from the given documents that, Mamud Hossain was the S.A.
recorded owner of the scheduled land along with other land vide S.A.
Khatian No. 777, corresponding to Dag No. 2333, as record of rights.

After that said Mamud Hossain died leaving behind his legal heirs namely
Nekbor Ali, Akkas Ali, Abbas Ali, Sufia Khatun and others and
subsequently they acquired the land by way of inheritance & succession.

During R.S. operation said Nekbor Ali, Akkas Ali, Abbas Ali, Sufia Khatun
and others has duly been recorded their names in the said operation vide
R.S. Khatian No. 233, corresponding to Dag No. 1972, as record of rights.

Thereafter, said Nekbor Ali, Akkas Ali, Abbas Ali and Sufia Khatun sold the
land in favor of Md. Abdul Jobbar vide Saf Kabala Deed No. 18731 dated
24.06.1977, registered within the Demra Sub-Registry Office of Dhaka.

During Dhaka City Jarip operation said Md. Abdul Jobbar has duly been
recorded their names in the said operation vide Dhaka City Jarip Khatian
No. 160, corresponding to Dag No. 1890, as record of rights.

Afterwards, said Md. Abdul Jobbar sold the land measuring 04.95 (four
point nine five) decimal [including the scheduled land measuring 04.70 (four
point seven zero) decimal], in favor of Md. Moajjem Hossain vide Saf
18.03.2004
Kabala Deed No. 1566 dated , registered within the Demra
20.03.2004
Sub-Registry Office of Dhaka.

Thus, said Md. Moajjem Hossain has become the present owner of the
scheduled land measuring 04.70 (four point seven zero) decimal by way of
purchase & got mutated the same land in the govt. revenue record being
Mutation Khatian No. 2099 vide Mutation and Separation Case No.
133
235/2014-2015 dated 14.08.2014, under Jot No. as per City operation &
11
paying ground rent thereof.

11. Valuation:

 Not Submitted.

12. Holding Tax:

 Not Submitted.

13. Non-Encumbrance Certificate:

 Not Submitted.
Page 4 of 6
14. Other Documents:

 Submitted photocopy of NID card in the name of Md. Moajjem Hossain.

15. Wanting papers/documents:

 Bia Deed: Copy of-

 Saf Kabala Deed No. 18731 dated 24.06.1977.

 Khatian (s): Certified copy of-

 C.S. Khatian No. 923. (inserted from S.A. Khatian No. 777)
 C.S. Khatian No. 49, corresponding to Dag No. 682.
 S.A. Khatian No. 923, corresponding to Dag No. 2333.

 Copy of succession certificate in the name of Mamud Hossain. (if possible)

 Copy of up-to-date (1428 B.S.) Ground Rent payment receipt in respect of

the scheduled property.

 Copy of up-to-date (2020-2021 Fiscal Years) Holding Tax payment receipt in

respect of the scheduled property. (if applicable)

 Copy of up-to-date (2021 A.D.) Non-Encumbrance Certificate in respect of

the scheduled property.

 Copy of update valuation/survey report to demarcate latest boundary of the

schedule property.

 Copy of TIN Certificate in the name of Md. Moajjem Hossain.

16. Opinion:

In view of the above, we are of opinion that Md. Moajjem Hossain has
acquired prima facie title and ownership over the scheduled property in
question by way of purchase. As such said owner is required to produce the
all wanting papers/documents as mentioned in the Column No. 15 above in
support of his right, title and ownership over the scheduled property.

The Bank may accept the scheduled property as security of loan by way of
mortgage subject to procuring the wanting papers and documents and
collect all original papers/documents thereof. Furthermore, before creating
mortgage over the scheduled property the Bank should verify the spot
physically for ascertaining actual and peaceful possession of Md. Moajjem
Hossain over the schedule property.
Page 5 of 6
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.

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. The file with all photocopies of papers/documents
is returned herewith.

Should you have further queries in this regard please do not hesitate to
contact the undersigned.

Thanking you,
Yours faithfully

____________________ _________________
(Jakia Sultana) (Arife Billah)
Associate Lawyer Barrister-at-Law & Advocate
For: “The Lawyers Alliance”. Supreme Court of Bangladesh
For: “The Lawyers Alliance”.

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