TO BE COMPLETED BY BANK’S ADVOCATE

1. 2. 3. Name of the Branch/B U seeking opinion Reference N. and date of the letter under cover of the documents tendered for scrutiny are forwarded Name of the unit/concern/company/person offering the property(ies) as security. STATE BANK OF PATIALA Branch ….,Gurgaon Dated : 4-7-2012 Sh. Ishwar Singh Chouhan S/o Sh. Dayavir Singh & Smt. Anurekha Chouhan W/o Sh. Ishwar Singh Chouhan . Indiavidual Guarantor/Borroweers Sale-deed n. 24559 dated: 28-112011 Originals & Regn Record.

Constitution of the ----unit/concern/person/body/authority offering the property for creation of charge. 5. State as to under what capacity is security offered (whether as joint applicant or borrower or as guarantor,etc.) 6 a). Particular of the documents scrutinized serially and chronologically. b). Nature of documents verified and as to whether they are originals or certified. Note: only originals or certified extracts from the registering/land/revenue/other authorities be examined. 7. Complete or full description of the immovable property(ies) offered as security for creation of mortgage whether equitable/regd. Mortgage. a). Survey N. b). Door N. (In case of House Property) c). Extent/area including plinth/built up area in case of house property. d). Location like name of the place ,village,city,registration,SubDistt. e). Boundary

4.

Equitable Mortgage

N.A. House/Plot N. 577 91.20 sq.mtrs. (109.0752 sq.yds.)

Situated in Sector-51 Urban Estate Gurgaon Not required as specific plot/house is given. 8. Flow of titles tracing out of titles,of the intended mortgager Fully detailed in enclosed /NEC. and his predecessors in interest from the mother deed to the latest title deed and wherever minors interest and other clog on title is involved ,for further period, depending on the nead for clearance of such on the title (Separate sheet may be used). 9. Nature if title of the intended mortgager over the property Ownership Rights.yet to be obtained . (whether full ownership rights,leasehold rights Occupancy/possessory rights or Inam holder or Govt. Grantee /Allotee etc.) . 10 a). Encumberance/Attachment and /or claims whther of govt. NO. Central or State or other local authorities or third party claims ,liens etc.and details thereof,if yes ,give the details thereof. b). The period covered under the encumbrances Certificate and N.A.

C.the same may be Chouhan.what Building plan sanctioned vide E. RAO Advocate R/O – 1081/6. the name person in whose favour encumbrance is created and if so satisfaction of charge.details of legal and N. 14. DAYAVIR Singh & Smt. 12.valid and enforceable mortgage by deposit of certified extract duly certified etc.11. Any bar /restriction for creation of mortgage under any local NO. other requirements for creation of a proper . or special enactments. pertaining to the property in question. used . Ishwar Singh Note: In case separate sheet is required . In case of absence of original title deeds .signed and annexed.O.payments of property of proper stamp duty rtc. 15. Patel Nagar Gurgaon .if any ? Details regarding property tax or land revenue or other Paid.details of proper registration of documents.A. Date : 5-7-2012 Place: Gurgaon Signature of Advocate ANIL S. 13.A.SDE –(S-1)/(G) Dated: by HUDA-11 Gurgaon. Details of R. remedy? Huda order n. The specific person who are required to create mortgage/to Sh.yet not sanctioned. as also any precaution to be taken by the bank in this regard. Ishwaar Singh Chouhan S/o Sh. deposit documents creating mortgage. Anurekha Chohan W/o Sh. statutory dues paid /payable as on date and not paid.T. extract/mulation extract/katha extract N.

. 2039/46 U. Offer of Possesssion & permission to sell/mortgage from HUDA.clear amd marketable title over the schedule property(ies) . 980 dated 23-2-2004 . Raj Kumar Mangla R/O 579-C sector –51 Gurgaon addressee above has/have absolute . (109.The property is free from all encumbrances .we caertify that the deposit of following titledeeds/documents would create a valid and enforceable mortgage. 5.I am liable/responsible .) situated in Sector-51 Urban Estate .taking into account all the guidelines in the check list vide Annexure C and the other relevant factors.I further certify that the title-deeds are genuine and valid mortgage can be created and said mortgage would be enforceable in case of creation of Mortgage by deposit of title-deeds . 3.as could be seen from the encumbrances certificate for the period from 1980 till date pertaining to the immovable property(ies) covered by above said title deeds .CERTIFICATE OF TITLE I have examined the original title deeds intended to be deposited relating to the schedule property(ies) offered as security by way of Equitable mortgage and that documents of title reffered to. The mortgage if created . 2.will be available to the bank for the liability of the intending Borrower Sh. Agreement to MORTGAGE . I have examined the documents in detail. 24557 dated 28-11-2011 .Gurgaon. I enclose the receipt of fee paid for search/encumbrance certificate for your record. I have compared the contents of latest title-deed by which the title has been passed on in favour of the mortgagor (borrower/guarantor) with the documents maintained in the office sub-registrar so as to ensure the authenticity of the same and the copy of the same obtained from sub-registrar is attached with Report. mtrs.Suspicious/doubt . Dayavir Singh & Smt.yds.there are no other mortgage/charges other than already stated in loan documents and agreed to by the mortgager and the bank. Anurekha Chouhan W/O Sh. 24559 dated 28-11-2011 . a. Document to be obtained for equitable mortgage : Original Sale-deed n. I confirm having made a search in the registration /land revenue records.conveyance Deeds n. Minor(s) and his/her interest in the property(ies) is to the extent of 4. I directly obtain the non-encumbrance certificate from the office of sub-registrar (wherever there is provision for issuance of such certificate) Note: Not in Gurgaon .N. c.E.it will satisfy the requirements of creation of Equitable Mortgage and I further certify that: KIND OF MORTGAGE : EQUITABLE MORTGAGE 1. b.in the opinion are valid evidence of right . Following scrutiny of Land Record / revenue Record and relative title-deeds. RAO ADVOCATE .Allotment letter n. if loss is caused to the bank due to negligence on my part or by agent in making search.Ishwar SINGH Chouhan S/O Sh.There no impediments for creation of the mortgage under any applicable law/rule in force.ISHWAR Singh Chouhan Rs/o H.I do not find anything adverse which would prevent the title holders from creating a valid Mortgage.20 sq. Schedule of the property(ies): Resi plot/house N.if any. Dated : 5-7-2012 ANIL S.0752 sq.Re-allotment letter dated 22-12-2011 .I hereby certify the genuiness of the title-deeds . title and interest and that if the said Equitable Mortgage is created .has been clarified by necessary enquiries.Gurgaon. Vinay Mangla S/O Sh. There are no prior Mortgage/charges/encumbrances whatsoever . 577 Measuring 91. In case of second/subsequent charge in favour of the bank . 24545 dated 28-11-2011 Supplementary Conveyance-deed n. I certify that Sh. e. a. b. d.

577 measuring 91. Gurgaon and perused the documents supplied to me and I found: That Sh.Gurgaon Distt.who was owner of the plot vide regd. Record in the office of the Registrar Gurgaon & Subregistrar. Raj Kumar Mangla Rs/o H. Shanti Parkash R/o H.The provisions of SARFESI ACT are applicable. 24545 & SUPPLEMENTARYCONVEYANCE-DEED N. RAO) (ADVOCATE) .N.NON-ENCUMBRANCES CERTFICATE I.0752 sq.Gurgaon vide sale-deed n.have inspected the regn. Place:Gurgaon Dated 5-7-2012 (ANIL S. 579-C Sector-15-1 Gurgaon is owner in possession of a resi. Plot/house bearing N. .) situated in Sector-51 Urban Estate .N.mtrs.Since then Sh.O.(109. 1404 Mohaalla Molvian .20 sq. Rao. Neeru Bala W/o Sh.yds. 980 dated 23-2-2004 has also been issued by HUDA Gurgaon . HUDA Gurgaon. Vinay Mangla S/o Sh.The Chain is complete. 24559 dated 28-11-2011 (and re-allotment letter dated 22-12-2011 ) executed by Smt.Advocate . conveyance deed n.Hissar . Raj KUMAR Mangla has been coming owners in possession of the plot/house in question and at the same time plot/house is free from all sort of encumbrances and attachment proceedings and he can alienate the plot/house in favour of the bank by the way of equitable mortgage after getting prior permission to sell/mortgage from E. 24557 dated 28-11-2011 and allotment letter n.Vinay Mangla S/o S/o Sh.Anil S.

N. B.land laws.details there on.Anurekha Chouhan Sector-51.CHECKLIST FOR THE GUIDANCE OF ADVOCATES VERIFYING THE TITLE TO THE PROP. In case of partition/settlement deeds . If occupancy right. A. 13.Laws. N. In case of society. N. B.A. 11.yds.Association.whether requisite procedure followed/permission obtained.grant/Allotment If Leasehold.whether required and if so . A. If property is agricultural land.A.Regn.577 measuring sq.Urban Estate. N. 4. Of any prior charge with the Company Registrar.whether local laws permit mortgage of agricultural land and whether there are any restrictions for enforcing . 10.A. 7.A. Name of the Borrower(s) Sh.) The mortgagor is competent to create charge on such property.and the requisite resolution .A. 2. N.there on. 9.) A. B. In case of conversion of agricultural land for commercial purposes or otherwise. C. provides for alienable rights to the mortgagor with or without condition. Whether the person(s) creating mortgage has/have authority to create mortgage for and on behalf of the firm.House/plot N. N. grant/allotment/lease cum/sale agreement. Nature of minor’s interest . 91. Whether NOC under the Income-Tax Act is required/obtained.whether. A. B.weaker setions. 12.the required authority/power to borrower and whether the mortgage can be created . 5. BY WAY OF ACQUISTION N. Urban land ceiling clearance .A.Gurgaon 1. D) If a sub-leasing and mortgage by sub-lessee also If Govt. A. Nature of the title.etc. Whether the propery is affected by any local laws (wiz. N.A.Agri.whether creation of mortgage could be possible – the modalities/procedure to be followed and the for coming to such conclusions. Whether the partition made is valid in law and the mortgagor has acquired mortgagable title thereon. In case of partnership firm. 6. N. B) Lessee is permitted to mortgage leasehold right. A) Lease-deed is duly stamped and regd. 8. A) Such right is heritable and transferable.A.Ishwar Singh Chouhan & Smt. Whether the mortgage is being created by a POA holder .authorization to create mortgage/execution of documents.BOD resolution .check genuineness of power of Ownership. 3.. B) Mortgage can be created.whether the original deed is available for deposit.A.if not modality /procedure to be followed to create a valid enforceable mortgage.check the borrowing powers . N. Whether the property belongs to a Limited Company .….) Grant/agreement etc.A.whether the property belongs to the firm and the deed is property regd. N.minorities. . C) Duration of lease /un-expired period of lease. Whether mutation has been affected and whether the mortgagor in possession and enjoyment of his share. OFFERED AS SECURITY Description of Property.20 sq.mtrs.by laws.whether.A. N.yet to be obtained . Ownership/leasehold/occupancy /Govt.A. B.if any and if so.article of association /provision for common seal etc.A.A. N.A. N. N.

where it is executed. I.A.A.right of female members etc. L. 15. N. Share certificates K. Payment of proper stamp duty. B.A. YES VERIFIED N. J.check A. E. H. Pending Litigation /court attachment /injunction/stay order /acquisition by the Govt. Extent of the authority of the Developer/Builder D. local authorities etc. 16. N. N.A. Development agreement/POA C. Independent title verification of the land and /or building in question . N. N.A. N. If the property is flat/apartment or residential/commercial complex. that could be ascertained.A.regarding ownership of the flat/apartment . G. Agreement for sale duly regd. No objections from the society.A.mortgage is created for family benefits/legal necessity . N. N. Conveyance in favour of society /condominium concered. N. Occupancy certificate /allotment letter /letter of possession.14. NOTHING SPECIAL Dated: 5-7-2012 (ANIL S. Promoters and land owners title to the land /building. Membership details in the society etc.A. N.whether the major coparcener have no objections/join in execution. RAO . F.A. attorney and the extent of power given therein and whether the same is properly executed/stamped/authenticated in terms of law of the place. N.development control regulations.minor’s share if any .A.etc. N.Building regulations . Any other details required for the purpose.Co-operative societies laws.A. 17.A. All legal requirements under the local /municipal laws . Where the property is joint family property . ADVOCATE) . NO.A.