Correction of JL no. and Jote no.(Land Law)
Dr.Ahamuduzzaman (founder of ain-qanoon.com)
I am the client of a merchandise bank of Bangladesh. I have taken loan from a branch of that commercial bank for an amount of taka 1 crore. The legal opinion on the property documents wrongly stated JL no. and Jote no. during vetting and the mortgage, power of attorney, sanction advice and other documents were prepared on the basis of such opinion. The loan was disbursed and during regular examination of paper by the credit division they identified such problem. What can we do now? Can I go for correction of such JL and Jote no.? If I want to correct then what procedures to be followed? Please advice me.
M A Halim, Zinzira, Dhaka.
Dear Mr. Halim,
It is a painful job to correct all those documents at now for which you need to pay lot of fees and also to face hazards and harassments. This is an utter negligence form the part of that Law chamber or Law division to mention wrong JL no. and jote no.
Before taking any decision on correction or modification you must try to understand the importance of JL no. and Jote no.
As J.L number (jurisdiction list number) is given for identifying a particular Mouza under a common Thana and the sole purpose of J.L number is to separate various Mouza under a common Thana. Therefore, if the name of Mouza is correctly inserted in the title deed, then, mentioning J.L. No. 83 in place of 85 in the schedule of Title deed will not affect the title of the property because we can detect the Mouza of the property by name of the Mouza, as such rectification deed in this respect is not mandatory. However, at these circumstances, Bank is suggested to entertain following measures-
- Amend their proposal of sanctioning loan/sanction letter by inserting correct J.L. number;
- Execute mortgage deed, power deed and other documents by inserting correct J.L. number instead of inserting J.L. number mentioned in title deed’s schedule.
In this regard, it may be mentioned that, since the J.L. number of RS khatian in the schedule of aforesaid legal opinion provided by Law Davison was mentioned mistakenly as 83 instead of 85, hence the Bank may treat this opinion as supplemental thereof.
Note: Please remember that if the mortgage deed, power of attorney deed and other documents already registered with wrong JL no. there is no need to correct such at this moment because wrong JL no. cannot undermine or affect title of the scheduled property when mouza no. is correctly mentioned.
A jote no. is an important issue which is given during mutation by the A/c (Land) office. If Jote no. is wrongly stated in those documents, you have to correct such documents with the accurate jote no. otherwise you cannot pay revenue or rent or khajna based on the executed mortgage deed, power of attorney and other documents where jote no. is wrong.
How to correct or modify?
- You can go to the Sub-registrar’s office and execute a declaration deed mentioning the point that JL no. and Jote no. on the scheduled property was wrongly stated as….. instead of ….. and therefore shall be treated as corrected by this declaration deed for which an expenditure of an amount of taka 1000 to taka 5000 may be required.
- You can correct all mortgage deed, power of attorney, sanction and other documents with the correct JL no. and Jote no. through amendment of the previous documents and deeds for which a lot of money to be spent. You have to take help from a deed writer or a Lawyer and the process shall be completed in Sub-Register's office.
- If you have a plan to re-schedule or enhance facilities in near future, you may correct such schedule of property with actual/ accurate Jote no. and JL no. in newly registered mortgage deed, power of attorney deed and sanction letter for which you need not pay extra money rather a deferral may be taken from credit administration department.
Hope you have understood your problem and you are always welcome to send us any query in future.
Dr. Ahamuduzzaman (founder of ainqanoon.com). 26/3/2016.
and many more........