•

THE
',GAL
ANCTUARY
EIARKINTRUN
arts ADVOCATES

T
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6
7
8
/
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/

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,

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Head of
the
Branch
Dutch-
Bangla
Bank
Limited
(DBBL)
Chowmu
hani
Branch
NSS
Bhaban,
1st Floor,
Feni
Road,
Chowmu
hani,
Noakhali
.

Sub: Op 1.. •
• 1 1 .L1
•,..1k $ CI • . I II
f . 1 .. ),.11 .. 11,41.

ullah ,
;

&

C
:

n
)

With
referen
ce to
your
 written
instruct
ions,
we
have
gone
throug
h the
propert
y
docum
ents
and-the
followi
ng is
our
observ
ation
and
legal
opinion
:

A.PROPER
TY
SCHEDUL
E:
All
that
piece
and
parcel
of 14
(fourte
en)
decima
ls out
of 16
decima
ls of
land
along
with
structu
res and
fixture
s
constr
ucted
or to
be
constr
ucted
thereo
n
situate
d
under
Distric
t:
Noakh
ali,
Police
Station
and
Sub-
Registr
ar's
Office:
Begum
ganj,
Mouza
:
Eklash
pur,
J.L.
no.CS/
DS and
SA/M
RR-
235, BS
(DP)-
235;
Khatia
n
no.CS/
DS-87,
SA/M
RR-86,
BS
(DP)-
6989
and
6999;
Plot
no.CS/
DS and
SARVI
RR-
4569;
BS
(DP)-
8638;
mutati
on
Khatia
n
no.613
1, jote
no.528
8;
owned
by
Moha
mmad
Abdull
ah and
Nazmu
s Sakib
alias
Md.
Nazmu
s
Sakib;
which
is
butted
and
bounde
d by:

O
n

t
h
e

N
o
r
t
h
:

T
i
n

s
h
a
d
e

h
o
u
s
e

o
f
A
m
i
r

H
o
s
s
a
i
n
.

O
n

t
h
e

S
o
u
t
h
:

V
a
c
a
n
t

l
a
n
d

o
f

W
a
d
u
d

M
i
 a
.
On the
East: 08
feet wide
road.
On the
West:
Canal.

Owners' names and address:
(i) Mohammad Abdullah, (date of birth: 01.01.1988,
NID no.7510742654270), Nazmus Sakib alias Md.
Nazmus Sakib, (date of birth: 01.03.1990, Passport
no.BN 0546576), both are sons of Mostofa Kamal alias
Md. Mostofa Kamal and Roushon Ara Begum, having
address at Village: Eklashpur, Post Office: Eklashpur
Bazar, Police Station: Begumganj, District: Noakhali.

B.DOCUMENTSSENT FOR PERUSAL: a.

Title Deeds: Registered sale deed no.5729 dated 12.08.2021,
Purchasers: Mohammad Abdullah and Nazmus Sakib
alias Md. Nazmus Sakib.

Page 1 of 4

Suite No. D-5 (5th Floor) Saiham Sky View Tower, 45, Bijoynagor, Rarnoa, Dhaka-
'Ohone: 880-2 8392100, 88D-2.8392101, : Iegaisanctuary0gmail.com, website: www.thelegalsanctuarybd.com
 THE
AL
SANCTUARY
D A N I t i z ,T E N D AN D A DVOCA TES

Sellers: Md. Humayun Kabir himself and being natural

guardian of minor son Amanat Ullah Tashahud and
minor daughter Jannatun Maowa (Sumaiya), Jannatul
Nayeem and Jannatun Mahmuda.

Registered declaration of heba deed no.426 dated

20.01.2021.
Donee: Nazmus Sakib alias Md. Nazmus Sakib.
Donor: Roushon Ara Begum, Kawsara Begum and
Umme Hani Farhana.

Registered declaration of heba deed no.425 dated

20.01.2021.
Donee: Mohammad Abdullah.
Donor: Roushon Ara Begum, Kawsara Begum and
Umme Hani Farhana.

b. Bia Deeds: Not Required.

c. Khatian: 1. Certified copy of CS/DS khatian no.87, in relation

to plot no.4569 and others, containing 37 decimals
of land.

2.Certified copy of SA/MRR khatian no.86, in relation to plot no.4569 and others, containing 37
decimals of land, published in the names of Mojibul Hague and others.

3.BS (DP) Khatian no.6989, in relation to plot no.8638 with another, containing 9 decimals,
published in the name of Mostofa Kamal.

4. BS (DP) Khatian no.6999, in relation to plot no.8638 with another, containing 7 decimals of
published in the name of Mostofa Kamal.

d. Mutation Khatian: Mutation Khatian no.6131, vide mutation separation

case no.2887(IX-I)/20-21 dated 01.03.2021, Jote
no.5288, mutated in the names of Mohammad
Abdullah and Nazmus Sakib alias Md. Nazmus Sakib.

DCR dated 02.03.2021, being Book no. H 17520 page

Page 2 of 4

e. DCR: Suite No. D-5 (5th Floor) Saiham Sky View Tower, 45, Bijoynagor, Ramna, Dhaka-1000
 •

THE
GAL
ANCTUAR
n i K I t I S T K R , .110104'1TV,,

no.25, prepared in the names of Mohammad Abdullah

and another vide mutation case no.2887(IX-I)/20-21
dated 01.03.2021, Jote no.5288.

f. Rent/Tax Receipts: Receipt of land development tax bearing no. X 951291

dated 19.05.2021 showing that the rent has been paid
up to 1428 BS in the names of Mohammad Abdullah
and another.

g. Holding Tax: N/A.

h. NEC: Not Produced.

1. Warishan Certificate of late Mojibul Haque,

Sahara Begum, Joynal Abedin, Aktarer Nessa and
Mostofa Kamal alias Md. Mostofa Kamal.
2. CS/PS mouza map.

j. Wanting
Up to date (2021 AD) NEC

k. Special Observation:
N/A.

C. HISTORY OF OWNERSHIP (As discovered from

the aforesaid documents):
Mojibul Haque and others were SA/MRR
recorded owners of the scheduled land under
SA/MRR khatian no.86, in relation to plot
no.4569 and others, containing 37 decimals of
land. Mojibul Haque died leaving behind his
wife Sahara Begum, two sons Joynal Abedin
and Nurul Islam, daughter Manwara Begum as
his successors. Sahara Begum died leaving
behind her two sons Joynal Abedin and Nurul
Islam, daughter Manwara Begun as her
successors. Joynal Abedin died leaving behind
his wife Aktarer Nessa, son Mostofa Kamal alias
Md. Mostofa Kamal as his successors. Aktarer
Nessa died leaving behind her son Mostofa
Kamal alias Md. Mostofa Kamal as his
successor.

Suite No. D-5 (5th Floor) Saiharn Sky View Tower, 45, Bijoynagor, R
Phone: 880,2-8392100, 880-2-8392101, : legaisanctuaryagniail.com ,

L Others:
During BS (DP) survey, the name of Mostofa
Kamal alias Md. Mostofa Kamal was recorded
and published under BS (DP) Khatian no.6989,
in relation to plot no.8638 with another,
containing 9 decimals and BS (DP) Khatian
no.6999, in relation to plot no.8638 with
another, containing 7 decimals of land. Mostofa
Kamal alias Md. Mostofa Kamal died leaving
behind his wife Roushon Ara Begum,
Mohammad Abdullah and Nazmus Sakib alias
Md. Nazmus Sakib, three daughters Kamrun
Nahar alias Kamrun Nahar Begun, Kawsara
Begun and Umme Hani Farhana as his
successors. Kamrun Nahar alias Kamrun Nahar
Begum husband Md. Humayun Kabir, minor son
Amanat Ullah Tashahud, three daughters
Jannatul Nayeem, Jannatun Mahmuda and
minor Jannatun Maowa (Sumaiya) as her
successors.
 •

TFIE
LEGAL
SANCTUARY
EARKISIENS AN I1 AI,VOCATES

Roushon Ara Begum, Kawsara Begum and Umme Hani Farhana transferred 3 decimals out of 5.25
decimals of land from SA/MRR plot no.4569, corresponding to BS (DP) plot no.8638 to Mohammad
Abdullah vide registered declaration of heba deed no.425 dated 20.01.2021. Roushon Ara Begum,
Kawsara Begum and Umme Hani Farhana transferred 3 decimals out of 5.25 decimals of land from
SA/MRR plot no.4569, corresponding to BS (DP) plot no.8638 to Nazmus Sakib alias Md. Nazmus
Sakib vide registered declaration of heba deed no.426 dated 20.01.2021. Md. Humayun Kabir
himself and being natural guardian of minor son Amanat Ullah Tashahud and minor daughter
Jannatun Maowa (Sumaiya), Jannatul Nayeem and Jannatun Mahmuda transferred 2.25 decimals of
land from SA/MRR plot no.4569, corresponding to BS (DP) plot no.8638 to Mohammad Abdullah
and Nazmus Sakib alias Md. Nazmus Sakib vide registered sale deed no.5729 dated 12.08.2021. In
the abovementioned manner, Mohammad Abdullah and Nazmus Sakib alias Md. Nazmus Sakib
acquired right, title and ownership over the scheduled land by way of inheritance, heba & purchase
and duly mutated the same with concerned Government Revenue Office in their names under
mutation Khatian no.6131, vide mutation separation case no.2887(IX-I)/20-21 dated 01.03.2021, Jote
no.5288 and paid up to date land development tax.

D. OPINION
Mohammad Abdullah and Nazmus Sakib alias Md. Nazmus Sakib acquired entire land of late Md.
Mostofa Kamal by way of inheritance, heba & purchase. Mohammad Abdullah and Nazmus Sakib
alias Md. Nazmus Sakib acquired good right, title, interest over 14 (fourteen) decimals of land from
SA/MRR plot no.4569, corresponding to BS plot no.8638 (more fully described in the scheduled
property). However, the bank may accept the scheduled property from the landowner in the form
of legal mortgage as security against the credit facility. The bank should procure the corroborating
papers and documents in original and certified papers (in appropriate cases) and perform the
following:

Upon physical survey conducted by bank's surveyor, be sure whether the land is actually located in the same
location as it appears in the mouza map.

This is all we need to say at this moment and do not hesitate to contact me if you have any query.

NB: This opinion is formed upon examining the photocopies assuming those to be true copies of the
original.
Advoci4.•.'
Supreme Court of Bangladesh

Page 4 of 4

Suite No. D-5 (5th Floor) Saiham Sky View Tower, 45, Bijoynagor, Ramna, Dhaka-1000
Phone: 880-2-8392100, 880-2.8392101, E-mail : legakanctuary@grnail.com, website: www.thelegalsanctua _com
 Ja an &,,ilmociate3
Advocates, fitto rneys, (Barristers Legal Consultants

I
SI : Date :

LEGAL OPINION

& Ad2022/D13111,134 R
Sunday, 01 January 2023

Head of the Branch

Dutch-Bangla Bank Limited (DBBL)
Chowmuhani Branch
NSS Bhaban, 1st Floor, Fern Road, Chowmuhani, Noakhali.

Sub: Legal Opinion upon vetting of the property documents standing in the name of Mohammad
Abdullah and Nazmus Sakib alias ML NazmusSakib, (A/C: M/s. Sajony Bitan).

Account Name: ullah and Nazmus Sakib alias Md. Nazmus Sakib, (A/C:
Sajony

01. Owner (s) mmad Abdullah and Nazmus Sakib alias Md. Nazmus
of :
0 Borrower Mohammad
al M Most
Abdullah Late
Mostofa Kama!
Mother's
Date of 01.01,198
Birth 8 Islam
Religion Banglades
National 1.1). 75107426542
TIN
Present & Eklashpur, Post Office: Eklashpur
Permane Bazar, Police Station: Begumgauj, District:
Addre Noakhali.

Name Nazmus Sakib alias Md. Nazmus

Late Mostofa Kamal alias Md. Mostofa
Father's Kama!
Name Roushon Ara
Mother's Begun
01.01.1988
Name
Islam
Date of
Birth

Kt.,tkrAuti. Dliiika-
Cell -4-8801721610397, +8801768766708, +8801711715374, F.-matt:
 Jaa. e0)._AmociaitA
str,T, Artanvi75, oarriTrirM;527 -7—cons g tants
CONTINUING PAGE

13. Chain Chronological

of : description of the ownership of the Scheduled Property Mat less than 25 years':
Ownership
From the perusal of the relevant Deed(s)/Khatian(s)/Parcha(s) & other documents referred to us, it appears that
Mojibul Hague and others were SA/MRR recorded owners of the scheduled land under SA/MRR khatian no.86, in
relation to plot no.4569 and others, containing 37 decimals of land.
Thereafter, the said Mojibul Hague died leaving behind his wife Sahara Begum, two sons Joynal Abedin and Nurul
Islam, daughter Manwara Begum as his successors.
Thereafter the said, Sahara Begum died leaving behind her two sons Joynal Abedin and Nurul Islam, daughter
Manwara Begum as her successors. Thereafter the said, Joynal Abedin died leaving behind his wife Aktarer Nessa,
son Mostofa Kama! alias Md. Mostofa Kama' as his successors. Aktarer Nessa died leaving behind her son Mostofa
Kamal alias Md. Mostofa Kamal as his successor.
Later one, During BS (DP) survey, the name of Mostofa Kama! alias Md. Mostofa Kamal was recorded and
published under BS (DP) Khatian no. -:*6989, in relation to plot no, 8638 with another, containing 9 decimals and
BS (DP) Khatian no,6999, in relation to plot no.8638 with another, containing 7 decimals of land.
Therafter, the said Mostofa Kamal alias Md. Mostofa Kamal died leaving behind his wife Roushon Ara Begum,
Mohammad Abdullah and Nazmus Sakib alias Md. Nazmus Sakib, three daughters Kamrun Nahar alias Kamrun
Nahar Begum, Kawsara Begum and Umme Barn Farhana as his successors. Kamrun Nahar alias Kamrun
Nahar Begum husband Md. Humayun Kabir, minor son Amami Ullah Tashalmd, three daughters Jannatul
Nayeem, Jannatun Mahmuda and minor Jannatun Maowa (Sumaiya) as her successors.

Thereafter, the said Roushon Ara Begum, Kawsara Begum and Umme Hani Farhana being the owner and possessor of
the schedule property transferred 3 decimals out of 5.25 decimals of land from SA/MRR plot no.4569,
corresponding to BS (DP) plot no.8638 to Mohammad Abdullah vide registered declaration of heba deed
no.425 dated 20.01.2021.

Later on, the said Roushon Ara Begun'. Kawsara Begum and Umme Hani Farhana being the owner and
possessor of the porperty transferred 3 decimals out of 5.25 decimals of land from SAIVIRR plot
no.4569, corresponding to BS (DP) plot no.8638 to Nazmus Sakib alias Md. Nazmus Sakib vide registered Deed
of Gift No.426 dated 20.01.2021.
Thereafter, Md. Humayun Kabir himself and being natural guardian of minor son Amanat Ullah Tashahud
and minor daughter Jannatun Maowa
 _Am__________&Jaocialied CONTINUING PA
Urneyx, Sanisters Zapf Couilkents

(Sumaiya), Jannatul Nayeern and Jannatun Mahmuda transferred 2.25

decimals of land from SNAIRR plot no.4569, corresponding to BS (DP) plot
no.8638 to Mohammad Abdullah and Nazmus Sakib alias Md. Nazmus
Sakib vide registered sale deed no.5729 dated 12.08.2021.
In the abovementioned manner, Mohammad Abdullah and Nazmus Sakib
alias Md. Nazmus Sakib acquired right, title and ownership over the
scheduled land by way of inheritance, heba & purchase and duly mutated the
same with concerned Government Revenue Office in their names under
mutation Khatian no.6131, vide mutation separation case no. 2887(1X-1)/20-
21 dated 01.03.2021, Jote no.5288 and paid up to date land development tax.

Warishan Certificate of late Mojibui Hague, Sahara Begum,

14. Others Joynal Abedin, Aktarer Nessa and Mostofa Kama' alias Md. Mostofa Kamal.
2. CS/DS mouza map

Submitted a Non Encumbrance Certificated being Government Receipt No. 37194/24975 dated 17.10.2021 which
states that the scheduled property was free from encumbrance. NEC (2013-till
today) has not been issued because volume has not prepared in that area.
DBBI, shall obtain an undertaking from the Client regarding the matter,

19, Holding Tax : Not Applicable.

17, Wanting Nil.

papers
 CONTINUING PAGE

18. Opin In light of the above, we are of the opinion that the concerned property-owners i.e
ion Mohammad Abdullah and Nazmus Sahib alias Md. Nazmus Sahib have
acquired the Good Right, title & ownership over the apartment.
In addition, before taking mortgage on the Property of Schedule, the Bank is also
advised to verify the spot physically for determining the actual and peaceful
possession of Mohammad Abdullah and Nazmus Sahib alias Md. Nazmus
Sahib over the same.
We have furnished this opinion on the assumption that;

• All documents/papers submitted to us as photocopies are complete and

confirm to authentic original documents; and
All representations and statements made with regard to the documents by the
parties are true and accurate
Should you have any further queries in this regard, please do not hesitate to contact the undersigned.
The file with all certified copies & photocopies of papers/documents are returned herewith.

18.

Thanking

A. B. M. Imdadul Hague
Khan Advocate
Supreme Court of Bangladesh
For: "I. H. KHAN &