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Tuesday, January 6, 2015

IRREVOCABLE GENERAL POWER OF ATTORNEY



 

IRREVOCABLE GENERAL POWER OF ATTORNEY


Serial No.                                        Book No.                                  Deed No.


01. Name of Registry Office:  BADDA SUB-REGISTRAR, DHAKA    

02. Gist of the Deed:
Nature of the Deed
Name of Mouza
Union/Ward
P.S/Upazila
District
Power of Attorney
Joar Sahara

Badda
Dhaka

Area of Land
Class
Price ( In word & Figure
8.25 (Eight Point two five) decimal
Residential
Not applicable

 03. Name & Address of the ATTORNEY receiver/receivers (Photo is not applicable for 
      Court, Govt. & Private Institute):

Name & Address of the Attorney Bank:      
                                                                                                               
Name         t   SOCIAL ISLAMI BANK LIMITED
                       MYMENSINGH BRANCH 
                      (Which expression shall include its successors -in- interest, legal representative,
                        Administrators and assigns)
Address of Branch:  Ali Plaza (1st Floor), 64, Chotobazar, Mymensingh

Address of Head Office: City Center, 90/1, Motijheel Commercial Area, Motijheel, Dhaka.
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04. Name & Address of the Vendor/Principal (Photo is not applicable for  Court, Govt. & Private Institute ) :                                                                                             Photograph

Name
t  
A.S.M Mizanul Ahsan
Father’s Name
t  
Late A.F.M Ishaque
Mother’s Name  
t  
Late Fatema Begum 
Date of Birth
t  
19/05/1969
Religion
t  
Islam
Profession
t  
Business
Nationality
t  
Bangladeshi.
Personal I.D No
t  
2692858539750

Permanent Address:  
Present Address:
26/D, Moneswar, 1st Lane, Hazaribagh,
P.S- Hazaribagh,  Dist-Dhaka
26/D, Moneswar, 1st Lane, Hazaribagh,
P.S- Hazaribagh,  Dist-Dhaka
05. Chain of Ownership of minimum 25 years described in Power of Attorney deed (Details of legal heirs & via deed as necessary):

Whereas schedule 8.25 decimal land of CS & SA Plot no. 3227 under Mouza- Joar Sahara, P.S-Dhaka Cantonment, Dist-Dhaka along with other land was belongs to Safi Uddin Molla son of Taraf Ali Molla, Sukun Ali son of Karim Bokhs alias Karim Madbor and others and their name were corded in SA Khatian no. 285 & 541. Then Sukun Ali son of Karim Madbor sold 12.00 decimal land of CS & SA Plot no. 3227 to said Moulvi Safi Uddin Molla son of Taraf Ali Molla vide sale deed no. 3411 dated executed on 19/03/1962 & registered on 11/04/1962. Then same land was recorded in the name of Safi Uddin son of Taraf Ali and others in RS Khatian no. 1282, RS Plot no. 7562. Thereafter said recorded & purchase owner Safi Uddin Molla died leaving behind his legal heirs 6 sons namely (1) Md. Jamir Molla (2) Md. Firoj Molla (3.) Md. Salek Molla (4) Md. Giash Uddin Molla  (5) Md. Atiqur Islam Molla (6) Md. Monir Hossain Molla, 1 daughter  (7) Most. Saleha Khatun & wife (8) Most. Sufia Khatun.
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Thereafter said (1) Md. Jamir Molla (2) Md. Firoj Molla (3.) Md. Salek Molla (4) Md. Giash Uddin Molla  (5) Md. Atiqur Islam Molla (6) Md. Monir Hossain Molla (7) Most. Saleha Khatun all sons & daughter of Safi Uddin Molla & (8) Most. Sufia Khatun wife of Safi Uddin Molla jointly sold (12+20) = 32.00 decimal land of Schedule CS & SA Plot no. 3227 along with other non-schedule Plots land to M/s. East –West Properties Development (Pvt.) Limited vide Sale deed no. 4566 dated 23/03/1999. Thereafter Schedule land along with other land was recorded in the name of M/s. East –West Properties Development (Pvt.) Limited in Dhaka City Survey Khatian no. 17315, City Survey Plot no. 28225. Thereafter M/s. East –West Properties Development (Pvt.) Limited represented by it’s Director (1) Mr. Mahaboob Morshed Hasan & (2) Mr. Abu Sufian sold 8.25 decimal lands to A.S.M Mizanul Ahsan vide Sale deed no. 2173 dated 23/02/2004. That A.S.M Mizanul Ahsan become owner of Schedule 8.25 decimal land by way of  Purchase deed no. 2173 dated 23/02/2004, then he mutated Schedule 8.25 decimal land in his name as per RS Record from RS Plot no. 7562 vide Mutation case no. 346/05 dated 09/03/2005, Mutation Khatian no. 4108, Jote no. 48/22, then he also mutated Schedule 8.25 decimal land as per Dhaka City Survey record vide Mutation case no. 1826/12 dated 10/10/2012 in City Survey Plot no. 28225 and he has been possessing by paying rent in Jote no. 19/141.

Whereas Borrower A/C MANTAF AGRO LIMITED, represented by it’s (i) Chairman Mr. A.S.M Mizanul Ahsan son of Late A.F.M Ishaque & Late Fatema Begum (ii) Managing Director M. Noor Khan son of ----------------------------------------------- having it’s Business Address : Konabakhail, Sankibhanga, Trishal, Mymensingh & Registered Office Address : 26/D, Moneswar, 1st Lane, Hazaribagh, P.S- Hazaribagh,  Dist-Dhaka approached the Mortgagee Bank for financial assistance of BAIM-Agri(Revolving) Investment facility in favour of A/C MANTAF AGRO LIMITED and Proposed to mortgage the schedule land owned  by Mr. A.S.M Mizanul Ahsan himself against  the  security  of  said  investment with profit AND the MORTGAGEE BANK has approved the proposal and agreed to take the legal Mortgage of the schedule land as securities of investment of A/C MANTAF AGRO LIMITED and sanctioned of BAIM-Agri(Revolving) Investment Limit of  Tk. 1,80,00,000/- (Taka One Crore Eighty Lac) only in favour of A/C MANTAF AGRO LIMITED as per terms & conditions of the sanction advice being no. SIBL/MYMENS/INV/201 /     dated             and Mortgagor/Executant has accepted the terms & conditions of said sanction advice and willingly mortgaged the schedule below property in favour of the MORTGAGEE BANK by a registered mortgage deed.            
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06. Purpose for the execution of the Power of Attorney Deed :

To sell transfer and assign the scheduled properties mentioned herein below, without intervention of any the Court of Law at its own discretion for adjustment of loan facility avail by Borrower A/C MANTAF AGRO LIMITED, represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan, having it’s Business Address : Konabakhail, Sankibhanga, Trishal, Mymensingh & Registered Office Address : 26/D, Moneswar, 1st Lane, Hazaribagh, P.S- Hazaribagh,  Dist-Dhaka, require financial assistance to to purchase renu fish and fish feed for cultivation   and trading thereof which was sanctioned vide  Sanction  advice being no. SIBL/MYMENS/INV/201   /     dated

07. Description of Power given to the Attorney:
                                                         
That the principal further agreed to execute an Irrevocable General Power of Attorney in favour of the said Bank to enable them to create effective charges on the schedule property described below. That I the above named principals, do hereby make, constitute, ordain, nominate and appoint the SOCIAL ISLAMI BANK LIMITED a Banking Company incorporated under the Companies Act 1994, having its registered Head Office at 90/1, Level- 19-22, Motijheel Com. Area, Motijheel, Dhaka, with one of it’s Branch better known as MYMENSINGH BRANCH,  at Ali Plaza (1st Floor), 64, Chotobazar, Mymensingh, Bangladesh (which expression shall include its successors-in-interest, legal representative, administrators and assigns) as my true and lawful ATTORNEY to do the following acts & deed regarding my scheduled property:
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A.    The Attorney in empowered whenever the Attorney shall deed fit or expedient to execute a legal Mortgage Deed or a sale Deed in respect of my under schedule property. For the purpose of exercising this power effectively and fully the Attorney is expressly empowered in addition to and without derogation to all of its implied powers to do or cause to be done all or any of the following acts, deeds and things :-

(1)   To sell the Mortgaged property by serving seven days notice without intervention of the Court of law as per provision of section-12, sub-section. 3 of the Arthorin Adalat Aain 2003 (Act VIII of 2003) and to do all other acts, deeds and sign all documents and papers in the Executant name which may be required to sell the mortgaged property or any part thereof of the schedule property and all proceeds received under this authority shall be treated as true and valid receipts on my behalf and the same shall be adjusted against any liability of said A/C MANTAF AGRO LIMITED, represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan.

(2)   To seal, sign and execute any document of transfer and to do any act on my behalf relating to the aforesaid transfer of the mortgaged property or part thereof and to receive the proceeds thereof to adjust any dues and/ or any other liabilities of A/C MANTAF AGRO LIMITED, represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan with the said ATTORNEY BANK.

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(3)   To execute deed of transfer or any other deed of sale of the mortgaged property or part thereof and/or submit the same of the office of the Registration Authority of the same and to do all other acts required to register such documents including swearing an affidavits on my behalf.  

(4)   To deliver the possession of the said property or part thereof to the purchaser and to do all other acts in this regard and collect the monthly rent of the said property from the tenants in case of need. 

(5)   IN GENERAL to do all other acts, deeds, matters, things whatsoever relating to the said property and to receive and realize any amount to adjust any account (s) or liabilities with the said ATTORNEY BANK.  

(6)   This POWER  OF  ATTORNEY  shall be  irrevocable till the entire  liabilities of  A/C MANTAF AGRO LIMITED, represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan with the ATTORNEY BANK are fully liquidated and the mortgaged created by above named is redeemed. The Executant shall not execute and register any other Power of Attorney relating to the mortgaged property till the said mortgaged is redeemed.  

(7)   AND I do hereby undertake and agree that all acts, deeds and things lawfully done by my said Attorney Bank shall be construed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever hereby given and to indemnify the ATTORNEY BANK against all costs and expenses incurred by it.

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08. Validity period of Power of Attorney  Deed :

This deed will be in force as per the terms & conditions of the Attorney’s sanction advice letter being no. SIBL/MYMENS/INV/201   /     dated

09.  The Statement at the ratio the ownership relating to more then one vendor’s :

Names of the Principals
Land measurement
A.S.M Mizanul Ahsan
100%

10.  Execution date :  English  :

                                  Bengali  :

11.  SCHEDULE  OF THE  PROPERTY OF POWER OF ATTORNEY DEED :

District-Dhaka, P.S– Sabek Dhaka Cantonment, Present Badda, Sub-Registry Office- Badda, Mouza- Joar Sahara, J.L No. CS- 271, SA-110, RS-6, Dhaka City Survey-3, Khatian No. CS-48, SA- 285 & 541, R.S- 1282, Dhaka City Survey - 17315, Mutation Khatian no. 27062, Jote no. 19/141. Plot No. C.S & S.A3227 (Three thousand two hundred twenty seven), RS – 7562 (Seven thousand five hundred sixty two), Dhaka City Survey – 28225 (Twenty eight thousand two hundred twenty five), Area of land 8.25 (Eight Point two five) decimal.  Which is under the Project of Bashundhara Residential Area being lay out Plot no. 203, Block ‘J’. Owned by A.S.M Mizanul Ahsan  vide Purchase deed no. 2173 dated 23/02/2004.

That above schedule 8.25 (Eight Point two five) decimal land has mortgaged and now Power is given by this deed with all rights, privileges, interest, easements & common facilities and benefit.

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12.  Boundary and Hand Map : 

On the North
:
Lay out Plot no. 194,
On the South
:
Road,
On the East
:
Lay out Plot no. 202,
On the West
:
Lay out Plot no. 204.


SKETCH :




13.  Statement of Commodities Price :

Price of Land of Attorney
Not Applicable
Amount of Total Signing Money
Not Applicable

14.  Explanation ( If any )  :

15.  We have signed in this deed after reading /because to read and realizing its gist and being agreed  :


Signature of the Vendors/Principal and date :



Signature of Attorney/Vendee & date :

16.  Name, Address & Signature of the Witnesses :
    (A)
Name :
Signature & Date:


Father’s/Husband’s Name :
Mother’s Name:

Date of Birth :
Profession :
Address :
P.O :
P.S :
Dist :
Nationality :
Religion :

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(B)
Name :
Signature & Date :


Father’s/Husband’s Name :
Mother’s Name:

Date of Birth :
Profession :
Address :
P.O :
P.S :
Dist :
Nationality :
Religion :

17.  Identifier, Name, Address & Signature of the Witnesses :

Name :
Signature & Date :


Father’s/Husband’s Name:
Mother’s Name:

Date of Birth :
Profession :
Address :
P.O :
P.S :
Dist :
Nationality :
Religion :
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18.  I have drafted this Power of Attorney Deed after realizing the actual identity & present market price of the land which is prescribed in Power of Attorney Deed & cause read to the Parties.

This Power of Attorney document is composed including affidavit in 12 (Twelve) pages & attested by two witnesses.

Name of the draft’s man, address & membership no. (with the Office’s name ) :
Name : MD. ABDUS SHAHID , Advocate, Bangladesh Supreme Court.


Sign :

Address :  Shahid & Associates , Panel Lawyer of the Bank, Membership no. 1312, Supreme Court Bar Association, 19/14, Block- F, Mohammadpur, Dhaka.
                                                                    
                                                                                                                                                                                            
     
Computer  Composed by : -
Name : MD. MAHBUBUL  ISLAM ,
Sign :
Address :  Shahanama Computer , 19/14, Block- F , Mohammadpur, Dhaka.

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