Date: 4th June, 2023

Ref: TLS/AIBL/Konapara/Rub/2023/Doc-40

To,
Head of Branch
Al-Arafah Islami Bank Limited
Konapara Branch
Matuail New Market, Konapara
Demra, Dhaka.

Subject: Legal opinion upon vetting of the property documents standing in the
name of Md. Abul Hossain Sarkar.

Account: A/C : Fiha Embroidery of Konapara Branch, Al-Arafah Islami Bank Limiteds

Dear Sir,
In reference with the captioned subject matter, we have meticulously perused the
papers/documents (all photocopies) as referred to us and all our findings concerning the
same are as follows:

1. Owner of the : Name : Md. Abul Hossain Sarkar

property Father’s Name : Haji Badsha Mia Sarkar
Mother’s Name : Ajufa Khatun
Date of Birth : 01.01.1968
Religion : Islam
Nationality : Bangladeshi
National I.D. No : 6406063203
e-TIN No :
Present : House No. 411/18, Paradogair, Notun
Basherpul, Demra, Dhaka.

Permanent Village- Chor Banial Ashulir Chor

Address : Purbokandi, Post Office-
Banglabazar-1525, Munshiganj
Sadar, Munshiganj.

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2. DESCRIPTION OF PROPERTY:
SCHEDULE
All that piece and parcel of land measuring in total (30+11.00131)= 41.00131
(Forty One Point Zero Zero One Three One) decimal along-with all structures and
buildings constructed and to be constructed thereon, situated within District- Dhaka,
Police Station & Sub-Registry Office- Keraniganj, being J.L. No: C.S.423, S.A. 423, R.S.
75 Mouza- “Kalindi” being Khatian No(s): C.S. 138, S.A. 116, R.S. 53, B.S (D.P) 160,
161/1 corresponding to. Dag No. C.S. & S.A 229 (Two Hundred Twenty Nine), R.S.
220 (Two Hundred Twenty), B.S (D.P) 911 (Nine Hundred Eleven), 939 (Nine
Hundred Thirty Nine), 941 (Nine Hundred Forty One), 938 (Nine Hundred
Thirty Eight) vide Mutation Khatian No: 53,53 & Mutation & Separation Case No.
1331/16-17 dated 10.10.2016 and 6473/16-17 dated 13.0.05.2017, Jote No: 1145,
1179, which is butted and bounded by as follows:
On the North :
On the South :
On the East :
On the West:

3. Area of land : All that piece and parcel of land measuring in total
(30+11.00131)= 41.00131 (Forty One Point Zero Zero One
Three One) decimal
4. Title Deed : 1. Submitted Photocopy of the certified copy of Deed of Sale
No. 8472 dated 22.08.2016 executed by Md. Tofazzal
Hossain in favour of Mohammad Foysal Abne Ali registered
with the office of Keraniganj Sub-registrar, Dhaka.

2. Submitted Photocopy of the certified copy of Deed of Sale

No. 5319 dated 08.05.2017 executed by Md. Tofazzal
Hossain in favour of Mohammad Foysal Abne Ali registered
with the office of Keraniganj Sub-registrar, Dhaka.

5. Bia Deed(s) : 1. Submitted photocopy of certified Deed of Partition No.

1916 dated 06.08.1932 executed by and between 11)
Abdul Khaleque Kha 2) Abdul Rahman Kha 3) Moriom
Begum 4) Amena Begum 5) Md. Emran Ali Kha 6) Md.
Emlak Kha 7) Daba Kha alias Amin Uddin Kha 8)
Lotifunnesa 9) Asma Khatun 10) Asadon Nesa registered
with the office of Keraniganj Sub-registrar, Dhaka.

2. Submitted photocopy of Deed of Sale No. 2189 dated

24.07.1935 executed by 1) Abdul Khaleque Kha 2) Abdul
Rahman in favor of Md. Emran Ali Khan registered with
the office of 3rd Sadar Joint Sub-register, Dhaka.

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 3. Submitted photocopy of Deed of Sale No. 2863 dated
30.07.1939 executed by 1) Abdul Khaleque Kha 2) Abdul
Rahman in favor of Md. Emran Ali Khan registered with
the office of 3rd Sadar Joint Sub-register, Dhaka.

4. Submitted photocopy of Deed of Sale No. 3750 dated

27.06.1990 executed by 1) Md. Sagir Ahammed 2) Md.
Altaf Hossain in favor of Md. Tofazzal Hossain registered
with the office of Keraniganj Sub-register, Dhaka.

5. Submitted photocopy of Deed of Sale No. 7911 dated

27.06.2005 executed by 1) Md. Altaf Hossain 2) Md.
Jahid Hasan in favor of Md. Tofazzal Hossain registered
with the office of Keraniganj Sub-register, Dhaka.

6. Submitted photocopy of Deed of Sale No. 7911 dated

27.06.2005 executed by 1) Md. Altaf Hossain 2) Md.
Jahid Hasan in favor of Md. Tofazzal Hossain registered
with the office of Keraniganj Sub-register, Dhaka.

7. Submitted photocopy of Deed of Sale No. 3800 dated

22.06.1996 executed by 1) Md. Sagir Ahammed 2) Md.
Altaf Hossain 3) Md. Firoz Ahammed 4) Md. Jahid Hasan
5) Mst. Sahera Khatun 6) Md. Anowar Hossain Sazzad 7)
Md. Enayet Hossain 8) Md. Iqbal Hossain and 9) Mst.
Moyna Begum 10) Mst Rekha begum 11) Mst. Maya
Begum in favor of Md. Tofazzal Hossain registered with
the office of Keraniganj Sub-registrar, Dhaka.

6. Mutation : Submitted photocopy of Mutation Khatian No. 8530 along with

Khatian the respective Duplicate Carbon Receipt (D.C.R.) bearing Page
No. 12 of Book No. F 90959; wherefrom it appears that land
measuring an area of equivalent to 06.92 (Six Point Nine Two)
decimal under Dhaka City Jarip Dag No. 3910 has duly been
mutated with the concern AC (Land) Office in the name of Md.
Abul Hossain Sarkar under the respective Mutation
Jot/holding No. 151/38 Mutation & Separation Case No.
2665/2017-2018 dated 21.11.2017.
7. Land : Submitted photocopy of the relevant Land Development Tax
Development Payment Receipt being No. 261223045662 dated 30.05.2023;
Tax / Ground where from it appears that the Tax has been paid up to the year
Rent of 1430 B.S. in the name of Md. Abul Hossain Sarkar under the
Jot/holding No. 151/38 regarding land measuring 06.92 (Six

Page 3 of 8
 Point Nine Two) decimal under Mutation Khatian No. 8530
corresponding Dag No. 3910.
8. Khatians : 1. Submitted photocopy of certified C.S. Khatian No. 138
corresponding to Dag No. 229

2. Submitted photocopy of certified S.A. Khatian No. 116

corresponding to Dag No. 229

3. Submitted photocopy of certified R.S. Khatian No. 53

corresponding to Dag No. 220

9. SUCCESSIVE CHAIN OF OWNERSHIP:

The Chronological description of chain of ownership of the Scheduled Property not less
than 25 years is as follows: (the chain of ownership has been described as per Title
Deed and it may change)
It appears from the deeds and documents that, Joynob Bibi being the C.S khatian No.
138 recorded owner and possessor of the schedule property died leaving behind her
son Monir Uddin Kha and daughter Korimon Nesa as the successors of the schedule
property.

Thereafter said Korimon Nesa being the owner and possessor of the schedule
property by way of inheritance from her mother died leaving behind her two sons 1)
Abdul Khaleque Kha 2) Abdul Rahman Kha as her successors of her portion of the
schedule land.

Alongside said Monir Uddin Kha being the owner and possessor of the schedule
property by way of inheritance from her mother died leaving behind his two wives
1) Moriom Begum 2) Amena Begum and three sons 1) Md. Emran Ali Kha 2) Md.
Emlak Kha 3) Daba Kha alias Amin Uddin Kha and three daughters 1) Lotifunnesa 2)
Asma Khatun 3) Asadon Nesa as his successors of his portion of the schedule land.

Thereafter said 1) Abdul Khaleque Kha 2) Abdul Rahman Kha 3) Moriom Begum 4)
Amena Begum 5) Md. Emran Ali Kha 6) Md. Emlak Kha 7) Daba Kha alias Amin Uddin
Kha 8) Lotifunnesa 9) Asma Khatun 10) Asadon Nesa executed a Deed of Partition
No. 1916 dated 06.08.1932 registered with 3rd Sadar Joint Sub-register, Dhaka by
and between themselves and the said 1) Abdul Khaleque Kha 2) Abdul Rahman Kha
become the owner and possessor of the schedule land.

Thereafter said 1) Abdul Khaleque Kha 2) Abdul Rahman Kha being the owner and
possessor schedule land transferred the schedule land by way of sale vide Deed of

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Sale No. 2189 dated 24.07.1935 and Deed of Sale No. 2863 dated 30.07.1939
both deeds registered with 3 rd Sadar Joint Sub-register, Dhaka in favour of Md.
Emran Ali Khan.

Thereafter said Md. Emran Ali Khan being the owner and possessor of the schedule
land rightfully recorded his name in the S.A Khatian No. 116 and R.S Khatian No. 53.

Thereafter said Md. Emran Ali Khan being the owner and possessor of the schedule
land died leaving behind his wife Mst. Rahima Begum and six sons 1) Md. Nasir
Ahammed 2) Md. Sagir Ahammed 3) Md. Altaf Hossain 4) Md. Firoz Ahammed 5) Md.
Tofazzal Hossain 6) Md. Jahid Hasan and one daughter Mst. Sahera Khatun as his
successors of her portion of the schedule property.

Thereafter said Mst Rahima Begum being the owner and possessor of the schedule
property by way of inheritance from her husband died leaving behind her six sons 1)
Md. Nasir Ahammed 2) Md. Sagir Ahammed 3) Md. Altaf Hossain 4) Md. Firoz
Ahammed 5) Md. Tofazzal Hossain 6) Md. Jahid Hasan and one daughter Mst. Sahera
Khatun as her successors of her portion of the schedule property.

Thereafter said Md. Sagir Ahammed, Md. Altaf Hossain, Md. Jahid Hasan being the
owner and possessor of their portion of the schedule land by way of inheritance
from their father and mother, the said 1) Md. Sagir Ahammed 2) Md. Altaf Hossain
transferred their some portion of the schedule property to Md. Tofazzal Hossain by
way of sale vide Deed of Sale No. 3750 dated 27.06.1990 and 1) Md. Altaf Hossain
2) Md. Jahid Hasan transferred their some portion of the schedule property to Md.
Tofazzal Hossain by way of sale vide Deed of Sale No. 7911 dated 27.06.2005 both
deeds registered with the office of Keraniganj Sub-register, Dhaka.

Alongside said Md. Nasir Ahammed being owner and possessor of his portion of the
schedule land by way of inheritance from his father and mother died leaving behind
his wife Mst. Masuma Khatun and three sons 1) Md. Anowar Hossain Sazzad 2) Md.
Enayet Hossain 3) Md. Iqbal Hossain and three daughters 1) Mst. Moyna Begum 2)
Mst Rekha begum 3) Mst. Maya Begum as his successors of the his portion of the
schedule land.

Thereafter said 1) Md. Sagir Ahammed 2) Md. Altaf Hossain 3) Md. Firoz Ahammed
4) Md. Jahid Hasan 5) Mst. Sahera Khatun 6) Md. Anowar Hossain Sazzad 7) Md.
Enayet Hossain 8) Md. Iqbal Hossain and 9) Mst. Moyna Begum 10) Mst Rekha
begum 11) Mst. Maya Begum being the owner and possessor of the their portion of
the schedule land by way of inheritance transferred the schedule land by way of sale
vide Deed of Sale No. 3800 dated 22.06.1996 in favour of Md. Tofazzal Hossain
registered with the office of Keraniganj Sub-register, Dhaka.

Thereafter said Md. Tofazzal Hossain being the owner and possessor of the schedule

Page 5 of 8
 land by way of succession from his father and mother and by way of purchase vide
Sale Deed No(s). 3750, 7911 and 3800 rightfully recorded his name in the B.S
khatian …………………

Thereafter said Md. Tofazzal Hossain being the owner and possessor of the schedule
land transferred the schedule land by way of sale vide Deed of Sale No. 8472 dated
22.08.2016 and Deed of Sale No. 5319 dated 08.05.2017 both deeds registered
with the office of the Keraniganj Sub-register, Dhaka in favour of Mohammad Foysal
Abne Ali.

Thereafter said Mohammad Foysal Abne Ali being the owner and possessor of the
schedule property by way of purchase duly mutated his name vide Mutation
Separation Case No. 1331/16-17 dated 10.10.2016 and 6473/16-17 dated
13.0.05.2017, Jote No. 1145, 1179 and Mutation Khatian No. 53, 53 under R.S
Dag No. 200.

10. Layout Plan : Not required.

and
Construction
Permission
Letter.
11. Holding Tax : Not Submitted.

12. Non- : Not Submitted.

encumbrance
Certificate
(NEC)
13. Others :  Submitted Warishan Certificate of Most. Sufia Khatun

14. Wanting :
papers/ 1. Photocopy of TIN Certificate in the name of Md. Abul Hossain
documents Sarkar.

2. Up to Date Holding Tax Payment receipt. (if any)

3. Up to date (i.e. 2023 A.D.) Non-encumbrance Certificate

(NEC).

(Wanting may increase following submission of these docs)

15. Observations : Nil.
& special
comments

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 “OUR OPINION”

In view of the above, we are of opinion that said Md. Abul Hossain Sarkar (the “Property
owners”) has acquired the prima facie right, title, interest and ownership over the
schedule property more fully and particularly described in Column No.2 above (the
‘Scheduled Property’). Still the property owners are required to produce the
papers/documents particularly mentioned in wanting Column No.14 in support of their
good and transferable right, title and ownership over the Scheduled Property.

It is advisable that the Bank, before taking mortgage on the Scheduled Property, should
physically verify the spot for determining actual and peaceful possession of the landowner
over the Scheduled Property.

In addition to the above, the Bank is advised to ensure the following issues prior creating
mortgage over the Scheduled Plot as security against the loan facility.

 Obtaining all original copy of title deed(s)/document(s)/records of right in connection

to the property particularly described in Column No.02 above in its safe custody;
 physical verification of the spot for ascertaining the actual and lawful possession of the
Landowner over the Scheduled Property.
 verification of genuineness/authenticity of the title documents/records of right relating
to the Scheduled property as submitted above with the concerned govt.
offices/authorities/records room &
 Proper demarcation of the Scheduled property
 Collect duly discharged Govt. Delivery Receipt (if any).
 Ensure the scheduled plot in the latest Mouza Map.

For this opinion, we have assumed that:

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

authentic and original documents &
b) 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 you have
any further query in this regard please feel free to contact with undersign.

Thanking you.

Yours truly,

Md. Mahfuzur Rahman (Milon)

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Barrister-at-Law
Advocate, Supreme Court of Bangladesh
For: The Legal Solutions

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