LA/DBBL/BB/SA, AR&AFR/2023/16468

July 30, 2023

Head of Branch
Dutch-Bangla Bank Limited
Bashundhara Branch
K 3/1-C, Bashundhara Road
Jaganathpur, Dhaka.

Sub: Legal opinion upon vetting of the property documents standing in the name of
Shaikh Mashiar Rahman & Ismat Ara (Mira) on account of Shaikh
Mashiar Rahman.

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 Borrowers:

● Shaikh Mashiar Rahman, (date of birth: 21.06.1971, National Id No.

19713313031000043, bearing TIN: 42863133917), son of Md. Muksed
Shaikh & Late Sajeda Begum, having address at House/Holding: 10,
Village/Road: Badsha Miah High School Road, Post Office: Board Bazar,
Police Station: Gazipur Sadar, District: Gazipur, by faith- Muslim,
Nationality- Bangladeshi by birth.

● Ismat Ara (Mira), (date of birth: 01.01.1978, National Id No. 820 222 5341,
bearing TIN: 470610524713), wife of Shaikh Mashiar Rahman, having
address at House/Holding: 10, Village/Road: Badsha Miah High School Road,
Post Office: Board Bazar, Police Station: Gazipur Sadar, District: Gazipur, by
faith- Muslim, Nationality- Bangladeshi by birth.

02. Present Owners of the Schedule property:

● Shaikh Mashiar Rahman, (date of birth: 21.06.1971, National Id No.

19713313031000043, bearing TIN: 42863133917), son of Md. Muksed
Shaikh & Late Sajeda Begum, having address at House/Holding: 10,
Village/Road: Badsha Miah High School Road, Post Office: Board Bazar,
Police Station: Gazipur Sadar, District: Gazipur, by faith- Muslim,
Nationality- Bangladeshi by birth.

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 ● Ismat Ara (Mira), (date of birth: 01.01.1978, National Id No. 820 222 5341,
bearing TIN: 470610524713), wife of Shaikh Mashiar Rahman, having
address at House/Holding: 10, Village/Road: Badsha Miah High School Road,
Post Office: Board Bazar, Police Station: Gazipur Sadar, District: Gazipur, by
faith- Muslim, Nationality- Bangladeshi by birth.

03. Description of the property:

SCHEDULE

All that premises of 01 (one) Apartment being No. A-3, space measuring 1334 (one
thousand three hundred thirty four) sft. on the 3rd floor (North-West side) of the 07
(seven) storied residential building along with a car parking space measuring 100 (one
hundred) sft. on the ground floor, totaling (1334+100)=1434 (one thousand four
hundred thirty four) sft.. and right for common space with other facilities under
project namely “Shovon’s Park-1”, along with undivided and un-demarcated
proportionate share of land measuring 64.62 (sixty four point six two) ajutangsha out
of scheduled schedule land measuring 15.50 (fifteen point five zero) decimals,
situated within District: Dhaka, Police Station- Sabek-Badda, Hal-Vatara & Sub-
Registry Office: Sabek-Gulshan, Hal-Badda, J.L. No(s). C.S. 271, S.A. 110, R.S. 6 &
Dhaka City Jorip (DCJ). 3, Mouza- “Joarsahara”, Khatian No(s). C.S. 285, S.A.
657, R.S. 2077 & DCJ. 5962; corresponding to Dag No(s). C.S. & S.A. 3008 (three
thousand eight), R.S. 7111 (seven thousand one hundred eleven) & DCJ. 25621
(twenty five thousand six hundred twenty one) & 25622 (twenty five thousand six
hundred twenty two) being Mutation Khatian No. 39523, Separation Case No.
3116/2016-2017, dated 20.04.2017, Jot No. 17/201.

Butted and bounded by:

On the North : 20 ft. City Corporation Road;

On the South : Plot Nos. 236, 237 & 238;
On the East : Plot No. 246;
On the West : 20 ft. City Corporation Road;

04. Area of property:

● 01 (one) Apartment being No. A-3, space measuring 1334 (one thousand
three hundred thirty four) sft. on the 3rd floor (North-West side) of the 07
(seven) storied residential building along with a car parking space measuring
100 (one hundred) sft. on the ground floor, totaling (1334+100)=1434 (one
thousand four hundred thirty four) sft.. and right for common space with
other facilities under project namely “Shovon’s Park-1”, along with
undivided and un-demarcated proportionate share of land measuring 64.62
(sixty four point six two) ajutangsha out of scheduled schedule land measuring
15.50 (fifteen point five zero) decimals.

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05. Title Deed Referred:

● Submitted photocopy of Original Deed of Sale bearing No. 2634 dated-

15.03.2017, registered in the Badda Sub-Registry Office of Dhaka, executed
by Roksana Begum & Rafeya Mahmud represented by their lawful attorney
Mahmud Homescape Ltd. represented by its Managing Director Ruhul Kader
Chowdhury in favor of Shaikh Mashiar Rahman & Ismat Ara (Mira), in
respect of the schedule 01 (one) Apartment being No. A-3, space measuring
1334 (one thousand three hundred thirty four) sft. on the 3rd floor (North-
West side) of the 07 (seven) storied residential building along with a car
parking space measuring 100 (one hundred) sft. on the ground floor,
totaling (1334+100)=1434 (one thousand four hundred thirty four) sft..
and right for common space with other facilities under project namely
“Shovon’s Park-1”, along with undivided and un-demarcated proportionate
share of land measuring 64.62 (sixty four point six two) ajutangsha out of
scheduled schedule land measuring 15.50 (fifteen point five zero) decimals.

06. Bia Deeds:

● Submitted photocopy of Certified Saf-Kabala Deed No. 6770 dated-

28.07.1981, registered in the Sadar 6th Joint Sub-Registry Office of Dhaka,
executed by Rafiq Uddin Mahmud, in favor of Syed Kamal Ahmed.

● Submitted photocopy of Certified Bel-Awaz-Hebanama Deed No. 265

dated-06.01.1994, registered in the Gulshan Sub-Registry Office of Dhaka,
executed by Rafiq Uddin Mahmud, in favor of Rafeya Mahmud alias
Rafeya Begum.

● Submitted photocopy of Certified Bel-Awaz-Hebanama Deed No. 267

dated-06.01.1994, registered in the Gulshan Sub-Registry Office of Dhaka,
executed by Rafiq Uddin Mahmud, in favor of Roksana Begum.

● Submitted photocopy of Certified Saf-Kabala Deed No. 9331 dated-

11.07.2001.

● Submitted photocopy of Certified Saf-Kabala Deed Nos. 2882 dated-

27.02.2001, registered in the Gulshan Sub-Registry Office of Dhaka,
executed by Syed Kamal Ahmed in favor of East West Properties
Development (Pvt.) Ltd.

● Submitted photocopy of Certified Power of Attorney Deed No. 27707 dated

17.12.2006, registered within the Gulshan Sub-Registry Office of Dhaka.

● Submitted photocopy of Original Deed of Exchange bearing No. 11009

dated-09.08.2001, registered in the Gulshan Sub-Registry Office of Dhaka,
executed between Roksana Begum & East West Properties Development

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 (Pvt.) Ltd, whereupon it appears that Roksana Begum acquired the land
measuring 7.75 decimal.

● Submitted photocopy of Original Deed of Exchange bearing No. 11014

dated-09.08.2001, registered in the Gulshan Sub-Registry Office of Dhaka,
executed between Rafeya Mahmud & East West Properties Development
(Pvt.) Ltd, whereupon it appears that Rafeya Mahmud acquired the land
measuring 7.75 decimal.

07. Mutation:

● Submitted photocopy of certified Mutation Khatian No. 39523, Separation

Case No. 3116/2016-2017, dated 20.04.2017, Jot No. 17/201, along with
Duplicate Carbon Receipt being Page No. 8, Book No. 27978 and along with
extra copy of mutation recommendation, wherefrom it appears that land
measuring 64.62 (sixty four point six two) ajutangsha, pertaining to DCJ Dag
Nos. 25621 & 25622, has duly been mutated in the name of the present owner
of the land Shaikh Mashiar Rahman & Ismat Ara (Mira), as per DCJ
operation.

08. Khatian:

● Submitted photocopy of Certified C.S. Khatian No. 285, corresponding Dag

No. 3008.

● Submitted photocopy of Damaged (Certified) S.A Khatian No. 657.

● Submitted photocopy of Certified R.S. Khatian No. 2077, corresponding Dag

No. 7111.

● Submitted photocopy of Printed DCJ Khatian No. 5962, corresponding Dag

Nos. 25621 & 25622.

09. Ground Rent:

● Submitted photocopy of Ground Rent Payment Receipt being No.

260823051941 dated 02.05.2023 wherefrom it appears that rent has been paid
up to the year 1430 B.S. under Jot No. 17/201, for that land measuring 64.62
(sixty four point six two) ajutangsha, pertaining to DCJ Dag Nos. 25621 &
25622, in the name of the present owner of the land Shaikh Mashiar
Rahman & Ismat Ara (Mira).

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10. Chain of Ownership:

Regarding the chain of ownership of the Scheduled Property:

It appears from the given documents that, One, Rafiq Uddin Mahmud was the
R.S. recorded owner of the schedule land along with other land vide R.S.
Khatian No. 2077, corresponding Dag No. 7111, as record of rights. After that,
said Rafiq Uddin Mahmud sold the land in favor of Syed Kamal Ahmed vide a
Reg. Saf-Kabala Deed No. 6770 dated-28.07.1981, registered in the Sadar 6 th
Joint Sub-Registry Office of Dhaka, subsequently in the DCJ operation said
Syed Kamal Ahmed successfully recorded his name in the DCJ operation vide
DCJ Khatian No. 5962, corresponding Dag Nos. 25621 & 25622, as record or
rights. After this, said Syed Kamal Ahmed sold the land in favor of East West
Properties Development (Pvt.) Ltd. vide Reg. Saf-Kabala Deed No. 2882
dated-27.02.2001, registered in the Gulshan Sub-Registry Office of Dhaka.

On the other hand, One, Abdus Samad was the DCJ recorded owner of some
portion of the schedule land along with other land. After that, said Abdus
Samad died leaving behind his legal heirs namely Mohammad Jahid Saifullah
& others and they acquired the land by way of inheritance. Later on, said
Mohammad Jahid Saifullah & others sold the land in favor of East West
Properties Development (Pvt.) Ltd. vide Reg. Saf-Kabala Deed No. 9331
dated-11.07.2001, registered in the Gulshan Sub-Registry Office of Dhaka.

After that, said East West Properties Development (Pvt.) Ltd. represented by
its Managing Director Saidur Rahman Chowdhury exchanged the land with
Roksana Begum & Rafeya Mahmud alias Rafeya Begum vide two Reg.
Exchange Deed Nos. 11009 & 11014, both dated-10.05.2004, both registered
in the Gulshan Sub-Registry Office of Dhaka.

Thus, said Roksana Begum & Rafeya Mahmud alias Rafeya Begum has
become the present owner of the scheduled land measuring (7.75+7.75) =
15.50 (fifteen point five zero) decimals by dint of exchange & got mutated the
same schedule land in the govt. revenue record under Mutation Khatian No.
34828 vide Mutation-Separation Case No. 3360/2014-2015, dated-21.06.2015

& Jot No. & Mutation Khatian No. 34827 vide Mutation-Separation Case

No. 3359/2014-2015, dated-21.06.2015 & Jot No. , as per DCJ operation

& paying ground rent thereof.

Thereafter, said Roksana Begum & Rafeya Mahmud alias Rafeya Begum
appointed Mahmud Homescape Ltd. represented by its Managing Director
Ruhul Kader Chowdhury as their lawful attorney vide a Power of Attorney
Deed No. 27707 dated 17.12.2006, registered within the Gulshan Sub-Registry
Office of Dhaka. After this, said Roksana Begum & Rafeya Mahmud alias
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 Rafeya Begum represented by their lawful attorney Mahmud Homescape Ltd.
represented by its Managing Director Ruhul Kader Chowdhury constructed a
multi storied building as per construction permission letter and layout plan
vide memo no. RAJUK /NAA 4/3C-897/2007-685 Stha:, dated 24.11.2007.

Afterwards, said Roksana Begum & Rafeya Mahmud represented by their

lawful attorney Mahmud Homescape Ltd. represented by its Managing
Director Ruhul Kader Chowdhury sold the schedule 01 (one) Apartment being
No. A-3, space measuring 1334 (one thousand three hundred thirty four)
sft. on the 3rd floor (North-West side) of the 07 (seven) storied residential
building along with a car parking space measuring 100 (one hundred) sft. on
the ground floor, totaling (1334+100)=1434 (one thousand four hundred
thirty four) sft.. and right for common space with other facilities under
project namely “Shovon’s Park-1”, along with undivided and un-demarcated
proportionate share of land measuring 64.62 (sixty four point six two)
ajutangsha out of scheduled schedule land measuring 15.50 (fifteen point five
zero) decimals in favor of Shaikh Mashiar Rahman & Ismat Ara (Mira),
vide Deed of Sale bearing No. 2634 dated-15.03.2017, registered in the Badda
Sub-Registry Office of Dhaka.

Thus, said Shaikh Mashiar Rahman & Ismat Ara (Mira) has become the
present owner of the scheduled land and flat & got mutated the same schedule
land in the govt. revenue record under Mutation Khatian No. 39523,
Separation Case No. 3116/2016-2017, dated 20.04.2017, Jot No. 17/201, as
per DCJ operation & paying ground rent thereof.

11. Valuation:

● Submitted.

12. Holding Tax:

● Not Submitted.

13. Non-encumbrance certificate:

● Submitted.

14. Other Documents:

● Submitted photocopy of National ID & TIN of Shaikh Mashiar Rahman.

15. Wanting Papers:

● NIL.

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16. Opinion:

In view of the above, we are of the opinion Shaikh Mashiar Rahman &
Ismat Ara (Mira) has acquired good right title & ownership over the
schedule land by way of exchange.

It is to be noted here that, the developer constructed two nos. building on the
land measuring (7.75 + 7.75) = 15.50 (fifteen point five zero) decimals in the
name and style of “Shovon’s Park-1”, & “Shovon’s Park-2”,. However,
proposed mortgagors purchased schedule mentioned flat from “Shovon’s
Park-1”,, which sold by the Developer, whereas the Deed writer mentioned
total project land 7.75 decimal because “Shovon’s Park-1”, situated on the
land measuring 7.75 decimal. Since, the schedule flat derived from
Developer therefore total project land 15.50 (fifteen point five zero) decimals
will be good at writing in the schedule. In this regards, mentioning
proportionate land measuring 64.62 (sixty four point six two) ajutangsha
out of land measuring 15.50 (fifteen point five zero) decimals shall not
jeopardize interest of the Bank.

It is to be noted here that, the draftsman of the Power of Attorney Deed No.
27707 dated 17.12.2006 has made a clerical mistake while drafting the
Deed. As we have observed that the draftsman of the PoA Deed mistakenly
mentioned 6 storied building instead of 7 (seven) storied building, but the
good point is RAJUK issued a construction permission letter for 7 storied
building and the proposed mortgagor has been offered for mortgage on the
3rd floor of the said building. In this regards the Bank may accept the
schedule flat as security of loan by way of mortgage it may not cause any
harm of the Bank’s interest.

In addition, the Bank before taking mortgage on the scheduled apartment

should verify the spot physically for ascertaining the actual and peaceful
possession of Shaikh Mashiar Rahman & Ismat Ara (Mira) over the
schedule property and collect all original copies instead of photocopies
submitted to us.
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.

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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.

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