TLS - LO - Doleswar World Trade International Ltd-Ainta - 26.00 Decimal

The Legal Solutions
A L A W F I R M
LEGAL OPINION Date: March 11, 2024

Ref: Bank Ref: NCCB/FEB/ADV/CAD/DWTIL/2024/0096
dated 22.02.2024
Our Ref: TLS/NCC/HO/Doza/Sharif/2024/Doc-143
To
Head of Credit Administration Division
NCC Bank PLC
Head Office
NCC Bank Bhaban (7th Floor), 13/1 & 13/2 Toyenbee Circular Road,
Motijheel C/A, Dhaka-1000.
Subject: Legal opinion upon vetting of the property documents standing in the
name of Munjurul Hasan Talukdar
Account Name: Doleswar World Trade International Ltd. of NCC Bank PLC, Foreign
Exchange Branch.
Dear Sir/Madam,
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. Present Owners : Munjurul Hasan Talukdar, (date of birth- 10.10.1960 and NID
of the Property No. 5996340534) son of Abdul Mannan Talukdar & Khodeja
Begum, having his Permanent & Present address at
Village/Road: 901/1, Shahidbag, P.O-Shantinagar, Police
Station: Motijheel, District: Dhaka, bearing Tax-Payer’s
Identification Number E-TIN: _____________.
2. Description of the Scheduled Property:
SCHEDULE
All that piece and parcel of land measuring 26.00 (Twenty Six) decimal, along with all
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Chamber: Flat No- 702 (6th Floor), 24/D, Topkhana Road, Seguna Bagicha, Dhaka-1000,Bangladesh
Court Chamber: Room-206 (Annex Extension), Supreme Court Bar Association Building, Shahbag, Dhaka-
1000.
Phone: 02-9666885, 01740615720 । E-mail: thelegalsolutions.bd@gmail.com। Web: www.thelegalsolutions.net
The Legal Solutions
A L A W F I R M
other structures already constructed and/or to be constructed thereon as well as right

to use common passage/road to enter the land, situated within District: Dhaka, Police
Station & Sub-Registry Office: Keraniganj, being J.L. No(s). C.S. 448, S.A. 113 & R.S.
113, under Mouza-“Ainta” pertaining to the following Khatian(s) & Dag Number(s).
Title Deed Khatian Nos. Dag Nos. Area of Land

& C.S. S.A R.S. B.S./ C.S. & R.S. B.S./ As per As per To be
Date No. B.R.S. S.A. B.R.S. Title Mutation or Mortgaged
Deed latest record
2126 dated
270 205 605 Nil 378 548 Nil 26.00 26.00 26.00
02.03.2024
Total land 26.00 decimal
And, Mutation Khatian No. ____________; vide Mutation & Separation Case
No.__________ dated __________, under Jot No. ______, as per R.S. operation; which
is butted and bounded by: [REQUIRED]
On the North:
On the South:
On the East:
On the West:
3. Area of Land/ : Land measuring 26.00 (Twenty Six) decimal.

Property
4. Title Deed(s) : 1. Submitted photocopy of certified Deed of Gift No. 2126
dated 02.03.2024, registered with the Keraniganj Sub-
Registry Office,Dhaka, executed by Muhammad Abdul
Awoal in favor of Munjurul Hasan Talukdar, in respect of
land measuring 26.00 (Twenty Six) decimal...
5. Relevant : 1. Submitted photocopy of Deed of Partition No.16177 dated

Connecting 10.04.1980 /03.05.1980 registered in the Sadar Sub Registry
Deed(s)/Bia Office, Dhaka.
Deed(s) 2. Submitted photocopy of certified Deed of Pottoni Patra
No.2679 dated 15.06.1939
3. Submitted photocopy of Deed of Sale No. 625 dated
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19.01.1984, registered with the Keraniganj Sub-Registry

Office,Dhaka, executed by Sirajul Islam & Muhammad
Nazrul Islam, in favor of Muhammad Abdul Awoal, in
respect of land measuring 99.00 (Ninety Nine) decimal.
Office,Dhaka.
Office,Dhaka.
6. Mutation Status/ : Not Submitted.
Namjari Records
7. Relevant Khatian/ : 1. Submitted copy of certified S.A Khatian No.205
Parcha corresponding to dag No. 378 in respect of land measuring
29.00 decimal.
2. Submitted copy of certified R.S. record vide its R.S. Khatian
No. 605 corresponding to dag No.548 in respect of land
measuring 29 .00 decimal.
8. Successive Chain of Ownership:
The Chronological description of the chain of ownership of the Scheduled Property not
less than 25 years is as follows:-
C.S__________________________________________________________
It appears from the deeds and documents that Abdul Sattar son of Haji Moijuddin
Ahmmod became the owner of some land including the schedule land by way of
pottoni patra vide its Deed of Pottoni Patra No.2675 dated 05.11.1939 registered in the
3rd Joint Sub Registry Office, Dhaka executed by Rowshan Bibi & Akterunnesa wives of
Munshi Montaj Uddin.
During the possession, the name of the said Abdul Sattar was duly recorded recorded in
S.A Khatian No.205 corresponding to dag No. 378 in respect of land measuring 29.00
decimal.
Later on, the said Abdul Sattar died leaving behind his 05 sons namely Sirajul Islam
alias Lulu Mia, Muhammad Nurul Islam alias Feroj Mia, Muhammad Nazrul Islam alias
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Najir, Muhammad Mahbubul Islam alias Mahbub & Muhammad Ajharul Islam alias
Chandan and 03 daughters namely__________________________________________ as
his legal heirs who consequently became owner of demised property by way of
succession.
During the possession, the names of Sirajul Islam alias Lulu Mia, Muhammad Nurul
Islam alias Feroj Mia, Muhammad Nazrul Islam alias Najir, Muhammad Mahbubul
Islam alias Mahbub & Muhammad Ajharul Islam alias Chandan were duly recorded in
R.S. record vide its R.S. Khatian No. 605 corresponding to dag No.548 & others in
respect of land measuring 29.00 decimal & another.
Later on, the said Sirajul Islam alias Lulu Mia died leaving behind his sons namely
Md.Riyajul Islam & Md.Rafiqul Islaml, daughters namely Nasrin Wahid, Irin Khan &
Afrin Halim and wife Najma Islam as his legal heirs who consequently became owner
of demised property by way of succession.
Thereafter, the said Muhammad Ajharul Islam alias Chandan, Muhammad Mahbubul
Islam alias Mahbub, Muhammad Nurul Islam alias Feroj Mia, Muhammad Nazrul Islam
alias Najir, Nasma Islam wife of Sirajul Islam alias Lulu Mia Nasrin Wahid (Minor), Irin
Khan (Minor) & Afrin Halim (Minor) represented by their guardian Najma Islam got
demarcated their respective portion of the scheduled land vide Deed of Partition
No.16177 dated 10.04.1980/03.05.1980 registered in the Sadar Sub Registry Office,
Dhaka.
Thereafter, the said Muhammad Ajharul Islam alias Chandan & Muhammad Nazrul
Islam alias Najir transferred land measuring 99.00 decimal including land measuring
16.00 decimal, in favor of Muhammad Abdul Awoal , by way of sale vide Deed of Sale
No. 625 dated 19.01.1984, registered with the Keraniganj Sub-Registry Office, Dhaka.
After that, the said Muhammad Nazrul Islam alias Najir, Muhammad Mahbubul Islam
alias Mahbub & Muhammad Ajharul Islam alias Chandan transferred land measuring
146.00 decimal including land measuring 13.00 decimal, in favor of Muhammad Abdul
Awoal, by way of sale vide Deed of Sale No. 24494 dated 12.11.1985, registered with
the Keraniganj Sub-Registry Office, Dhaka.
After that, the said Md. Riyajul Islam, Md. Rafiqul Islaml, Nasrin Wahid, Irin Khan &
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Najma Islam & Afrin Halim transferred land measuring 22.75 decimal including land
measuring 04.00 decimal, in favor of Muhammad Abdul Awoal, by way of sale vide
Deed of Sale No. 1069 dated 18.02.2001, registered with the Keraniganj Sub-Registry
Office, Dhaka.
Finally, the said Alhaj Muhammad Abdul Awoal transferred land measuring 26.00
(Twenty Six) decimal, in favor of Munjurul Hasan Talukdar, by way of gift vide Deed
of Gift No. 2126 dated 02.03.2024, registered with the Keraniganj Sub-Registry Office,
Dhaka.
In the above-mentioned manner & style, the said Munjurul Hasan Talukdar has
become the present owner of the scheduled land measuring 26.00 (Twenty Six) decimal by
way of purchase and got duly mutated its own name for the same with the Govt.
Revenue Record in Mutation Khatian No_______; vide Mutation & Separation Case
No. ______________ dated _________, under Jot No._________ as per R.S. operation
and paying Land Development Tax thereof.
9. Ground Rent : 1. Submitted copy of Online Ground Rent Payment Receipt
Payment Receipt being No. 269822020145 dated 01.10.2022, wherefrom it
/Khajna appears that, the Ground Rent has been paid up to 1429
B.S. under R.S Dag No. 547, 546, 548, 542 & 543, in
respect of land measuring 107.90 decimal in the names of
Muhammad Abdul Awoal under Jot No. 4256, as per R.S
operation.
2. Submitted copy of Online Ground Rent Payment Receipt
being No. 269822020151 dated 01.10.2022, wherefrom it
appears that, the Ground Rent has been paid up to 1429
B.S. under R.S Dag No. 541, 548, 538 & 410, in respect of
land measuring 123.75 decimal in the names of
Muhammad Abdul Awoal under Jot No. 4257, as per R.S
operation.
10. Non-Encumbrance : Not Submitted
Certificate (NEC)
11. Municipal/City : Not Submitted

Corporation
Holding Tax
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Receipt
12. Others :
13. Wanting Papers/ : 1. Ownership documents in the name of Munshi Montaj

Required Uddin.
documents 2. Ownership documents in the name of Abdul Sattar i.e.
how he got the scheduled land from C.S. recorded tenant.
3. Copy of Certified Mutation Khatian as per R.S operation
with Proposal Letters with DCR in the name of present
owner.
4. Warishan Sanad in the name of Late Abdul Sattar.
5. Warishan Sanad in the name of Late Sirajul Islam alias
Lulu Mia.
6. Warishan Sanad in the name of Late Muhammad Nurul
Islam alias Feroj Mia
7. Up to date (1430 B.S.) Ground Rent Payment Receipt
/Khajna, in respect of the scheduled land, in the name of
the present owner.
8. Up to date (2024) Non-Encumbrance Certificates (NEC),
along with Govt. Receipt(s), in respect of the scheduled
land, in the name of the present owner.
9. Up to date (2023-2024 Fiscal Year) City
Corporation/Municipal Holding Tax in respect of the
scheduled land, in the name of the present owner
10. Mouza maps as C.S. & S.A. and R.S.
11. The bank is advised to collect all printed copy of C.S, S.A
& R.S Khatian.
Further wanting documents may be required
14. Observation : 1. That we have found C.S Khatian No.270 where Jalabox
son of Late Mongol Choukidar was the recored owner but
the chain of ownership under Sale of Deed No.3864 dated
19.04.2004 states that Rowshan Bibi & Akterunnesa wives
of Munshi Montaj Uddin whose name was mentioned in
the Kharija Taluk column of C.S Khatian transferred the
land by way of pottoni patra in favour of Abdul Sattar. So,
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we can’t draw chain of ownership from C.S. recorded

tenant to S.A. record due to lack of abovementioned
documents.
2. That we have found the Partition No.16177 dated
10.04.1980/03.05.1980 wher we have not found the
concern dag in the portion of Md. Riyajul Islam, Md.
Rafiqul Islaml, Nasrin Wahid, Irin Khan & Najma Islam &
Afrin Halim but how they transferred land measuring
04.00 decimal, in favor of Muhammad Abdul Awoal, by
way of sale vide Deed of Sale No. 1069 dated 18.02.2001,
registered with the Keraniganj Sub-Registry Office,
Dhaka. So, we need clarification.
“OUR OPINION”
In view of the above, we are of opinion Munjurul Hasan Talukdar;(hereinafter referred to
as the “Landowner”) has acquired prima facie right, title, interest and ownership over the
scheduled land more fully described in the Column No.03 above (the ‘Scheduled
Property’) by way of purchase and got duly mutated the same in its own name in the
govt. revenue record through mutation as per R.S. operation and accordingly paying Land
Development Tax thereof. Still the Landowner is required to produce the
papers/documents particularly mentioned in Column No.13 above in support of his good
and transferable right, title and ownership over the Scheduled Land.
However, the Bank may accept the Scheduled Property from the landowner in the form
of legal mortgage as security against the loan facility subject to procuring the
corroborating papers and documents as mentioned above and collect all original, certified
papers and documents thereof.
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 credit facility:-
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 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 Plot;
 verification of genuineness/authenticity of the title documents/records of right
relating to the Scheduled Plot as submitted above with the concerned govt.
offices/authorities/records room &
 Proper demarcation of the Scheduled Plot.
 Collect duly discharged Govt. Delivery Receipt (if any).
 Ensure the scheduled land in the latest Mouza Map.
For this Opinion, we have presumed 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 you. 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 the Concerned Lawyer.
Thanking you.
Sincerely yours,
___________________________
Md. Mahfuzur Rahman (Milon)
Barrister-at-Law (Lincoln’s Inn, UK)
Advocate (Supreme Court of Bangladesh)
For: THE LEGAL SOLUTIONS
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The Legal Solutions

LEGAL OPINION Date: March 11, 2024

2. Description of the Scheduled Property:

other structures already constructed and/or to be constructed thereon as well as right

Title Deed Khatian Nos. Dag Nos. Area of Land

3. Area of Land/ : Land measuring 26.00 (Twenty Six) decimal.

5. Relevant : 1. Submitted photocopy of Deed of Partition No.16177 dated

19.01.1984, registered with the Keraniganj Sub-Registry

11. Municipal/City : Not Submitted

13. Wanting Papers/ : 1. Ownership documents in the name of Munshi Montaj

Further wanting documents may be required

we can’t draw chain of ownership from C.S. recorded

 obtaining all original copy of title deed(s)/document(s)/records of right in connection

For this Opinion, we have presumed that:-

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