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Ref: Prime/HO/CAD/0544/2024

May 20, 2024

Prime Bank Limited


Head of CAD
Prime View, Flat No.204,
Plot No.SE (F), 07,
Gulshan-1, Dhaka-1212
.

Sub: Legal opinion upon vetting of Landed Property Documents A/c:


Abdul Momen Chowdhury & lutfun- CBD.

Dear Sir,

With reference to your letter Prime/HO/CAD/0544/2024 dated 16 May, 2024


we have meticulously perused the relevant property documents forwarded to us
and our observations/findings on the same are as follows:

1. Owner of the : Abdul Momen Chowdhury, Son of Abdul Hakim


Scheduled Chowdhury and Most. Rasida Begum (Date of
Property Birth: 20 oct, 2074) National ID No.328 869 7893
and TIN No.753439753055 of address at House No-
241/8, Tahan Road, Savar, Dhaka; PO- 1340,
Bangladesh.

2. Description of : All that piece and parcel of land measuring 3.81


the Scheduled ( Three Poin Eight and One Decimal in District:
Property Dhaka, Police Station & Sub-Registrar Office:
Savar, Mouza: “Daksin Dariyapur” J.L No.171
Khatian No. C.S.08, S.A. 08 R.S. 50, Dag No.C.S
15, S.A. 15, R.S 15.

Butted and Bounded by: (required as per surveyor


valuation report)

On the North :
On the South :
On the East :
On the West :

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3. Area of Land : Measuring 29 (Nine) Decimal along with building
constructed or to be constructed thereon.

4. Types of Property : Homestead Land

5. Title Deed Referred : Submitted photocopy of original Suf Kobla Deed No. 8700
dated 23.10.1953.
Partition Deed No.15300 dated 13.08.2002 registered with
the Sadar Sub-Registrar Office Savar and Apos Partion Deed
No. 37900 Dated: 20.12,2010.

6. Bia Deed : Submitted photocopy of original Suf Kobla Deed No. 8700
dated 23.10.1953 and Photocopy of S.A. Khatian No. 2137
dated 06.03.17 and S.A Dag No 15.

7. Mutation Khatian : Submitted photocopy of certified original C.S Khatia No.8


& DCR dated 27.12.2017 and R.S. Khatian No. 50 Both are Dated on
27/12/2017. corresponding to C.S. & S.A. Dag No.15 R.S.
Dag No.15 along with DCR being Book No.19622 & Page
No.17, issued by the concern AC (Land) Office confirming
the mutation of total land Mutation Case No.2569/2016-17
dated 09.03.2017 and unde R.S. Jote No. 15.

8. Khatian : 1. Submitted photocopy of certified S.A. Khatian No.2137


corresponding to Dag No.15 (29 decimals) along with
other dag standing in the names of Md. Kalim Uddin

2. Submitted photocopy of certified R.S. Khatian No.50


corresponding to Dag No.15 (29 decimals) along with
other dags standing in the names of Md. Kalim Uddin

9. Chain of Ownership of the Scheduled Property:

One Md. Kalim Uddin was the S.A. & R.S. recorded owners of the scheduled land with
other lands under S.A. Khatian No.08 corresponding to S.A. Dag No. 15 (29 decimals)
& R.S. Khatian No.50 corresponding to R.S. Dag No. 15 in respect of land measuring
29 decimals.

Thereafter, the said Abdul Momen Chowdhury obtain the ownership of the Land as
an heir of Md. Kalim Uddin along with others heir by dint of partition Deed No. 15300
dated 13.08.2002 and another Apos Partition Deed No. 37900 dated 20.12.2010. Both
is registered by Sub-Registry office Savar, Dhaka and by dint of S.A. Khatian No.
2137 S.A Dag No. 15 dated 06/03/2017.

Thus, the said Abdul Momen Chowdhury got her name mutated in the govt. revenue

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record vide Mutation Case No.2569/2016-17 dated 09.03.17 and has been paying her
ground rent thereof under S.A. Khatian No.2137.

Thereafter, the said Abdul Momen Chowdhury obtain necessary permission from
Savar Municipality vide its Memo No. 1952 dated 21.06.23 for construction of 06 (Six)
storied building over the scheduled land.

From the Deed/documents we could ascertain the chain of ownership of the


scheduled property from S.A. record of rights.

10. Ground Rent : Not Submitted.

12. Municipal Tex : Submitted photocopy of government receipt No.


receipt 267223071624 dated 27.08.2023 as evidence of ground rent
paid up to the year 2023 in respect of the scheduled property
in the name of Abdul Momen Chowdhury under Holding
No.179/11, Baghdhania Union Land Office, Savar.

12. Valuation : Not Submitted.

13. Non-Encumbrance : Not Submitted.


Certificate (NEC)
14. Other documents : 1. Submitted photocopy of permission letter along with
layout plan issued by Savar Municipality vide its Memo
No.1952 dated 21.06.2023 in the name of Abdul Momen
Chowdhury for construction of 06 (Six) storied building
over the scheduled land.

2. Submitted photocopy of National Identity Card (NID) in


the name of Abdul Momen Chowdhury.

3. Submitted photocopy of TIN Certificate.

15. Required : 1. Certified copy of Ground Rent Payment Receipt.


documents
2. Up-to-date Non Encumbrance certificate to be issued from
the concern Sub-Registrar office in respect of scheduled land
in the name of landowner i.e. Submitted photocopy of Abdul
Momen Chowdhury.

3.Valuation confirming the boundaries of the Scheduled


Property.

4. No Objection Certificate form Co- Sharer.

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5. Up-to date Land Developement Tax Payment Receipt.
16. Opinion:

In light of the above, we take a view that Abdul Momen Chowdhury (‘Landowner’)
has acquired prima facie title and ownership over the Scheduled Property measuring
3.81 decimal land by way of Partition deed.

Therefore, in our opinion the Landowner may create Registered Mortgage over the
Scheduled Property in favour of the Bank for securing the repayment of any credit
facilities subject to procuring the wanting papers mentioned in row no.15 above. This
opinion has been furnished on the basis of the photocopies of papers and documents,
hence we advise you to obtain all original papers/documents including the wanting
papers.

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 and to ensure that the proposed building has
been/to be constructed as per the approved plan of the concern authority, RAJUK,
Dhaka.

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 Landowner
over the Scheduled Property.

For this opinion, we have assumed that:

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


authentic and original documents.

 all representations and statements made with regard to the documents by the parties
are true and accurate.
 there is no pending litigation, encumbrances or agreements of any nature
whatsoever, beyond those which are expressly referred to hereinabove.

We thank you for soliciting our legal services in this matter. Please do not hesitate to revert
if you have any further queries. The file with all photocopies of papers/documents is
returned herewith.

Thanking you,

MD. MOBASSER HOSSAIN (MUKUL)


ADVOCATE, PARTNER
FOR: C.T KARIM AND PARTNERS

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