CRN________

यूको बैक UCO BANK

______/2013-14
Head Office (भारत सरकार का उपक्रम)
Law Department सममान आपकक विशश्शास का Circular No.
10, B.T.M. Sarani, 7th (A Government of India CHO/Law/06/2014-15
Floor Undertaking)
KOLKATA-700 001 HONOURS YOUR TRUST Dated: 28/06/2014

TO

ALL BRANCHES and OFFICES IN INDIAN UNION

SUB: Examination of title deeds of immovable property for the purpose of
creation of mortgage/security in favour of the bank- Some Check Points.

We had, vide our Circular No. CHO/LAW/09/2010-11 dated 26.08.2011, issued

exhaustive guidelines / procedures to be followed by branches / offices with
regard to the examination of title deeds of immovable properties for the
purposes of creation of mortgage / security. Despite explicit guidelines
communicated to branches and offices through the said circular, incidences
of frauds are also coming to the notice of the bank on account of laxity in
scrupulously following the guidelines by branches / offices as well as novel
methods being adopted by unscrupulous elements to defraud the bank.

Hence, in order to have a comprehensive system to avert the incidences of

frauds while accepting immovable properties as security by way of
mortgage or charge, certain additional guidelines / check points are being
enumerated herein in addition to the instructions given in Manual of
Instructions – Volume-6, Part-B, Chapter-12 as well as in our Circular referred
to above. It is clarified that the guidelines / check points outlined in this
circular are not in derogation or suppression of the earlier instructions, but in
addition to thereof. Hence, the guidelines / check points herein mentioned
are to be read conjointly with the instructions given in our circular ibid and
Manual of Instructions.

GUIDELINES / CHECK LIST FOR VERIFICATION OF TITLE DOCUMENTS WHILE

CREATING MORTGAGE / CHARGE IN FAVOUR OF THE BANK.
---------------------------------------------------------------------------------------
The following title deed documents are to be carefully scrutinised before
coming to a conclusion about the genuineness of the said documents:

1. Sale Deed.
2. Gift Settlement Deed.
3. Release Deed.
4. Partition Deed.
5. Lease Deed.

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The verification of the above documents is to be carried out in the manner as
given hereunder:

1. Sale Deed –

Usually Sale Deed is executed by the Seller of the Property in favour of

the buyer of the property. Each State has prescribed certain rate of
stamp duty and certain rate of registration fee for registration of the
Sale Deed. In a Sale Deed the photographs of the Seller and Purchaser
are affixed and in some States the photographs of the witness (or)
identifier will also be affixed and each State is following certain
procedures for affixing of thumb impression i.e. through scanning or by
putting thumb impression manually.

Precautions to be observed while verifying a Sale Deed :

a) Check that adequate stamp duty and registration fee have been
paid and the procedure adopted by the concerned State in
respect of affixing of photographs and thumb impressions have
been meticulously followed while registering the Sale Deed;

b) Check that the signatures of Sellers and Buyers have been affixed in
the Sale Deed since previously only seller(s) used to sign the sale
deed at the time of its registration;

c) Check that the Sale Deed has been duly numbered. It should be
kept in mind that Sale Deed documents are usually numbered
serially in the Sub-Registrar Office and at the beginning of every
year the numbering of Sale Deed documents starts afresh and
usually the allotting of new numbers will be started from 1 st January
or 1st April of the year, based upon the practice of the concerned
State and the advocate concerned should know from which date
new numbers are issued either from 1 st January or 1st April before
verifying any Sale Deed;

d) The Sale Deed should be verified as to whether it is an absolute Sale

Deed or conditional Sale Deed etc. and as to the nature of the
property i.e. whether it is leasehold, freehold etc.

e) Check that the correct description of the property (schedule of

property) i.e. the description of the property along with the
boundaries, measurement, area, khata no., survey no., MR no., AR
No., Village, Mouza / Hobli, Taluk, District and Street has been
correctly mentioned and they are tallying with the other related
revenue records pertaining to the property described in the Sale
Deed.

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 f) Check that the properties sold through Sale Deed are free from all
encumbrances, taxes / land revenue / money payable to statutory
bodies and is not acquired by any authority / Government;

g) It should be ensured that the sale itself is not hit by any law in force
in the particular State. For example, in some States a property
belonging to the person of schedule caste / schedule tribe
community, cannot be sold to any person other than the person
who belongs to the same community / tribe, otherwise the entire
sale will become void, if the said sale is challenged at a later stage.
In addition to this, the original grant / sanction order is to be verified
so as to come to a conclusion that the sale is made after
completion of the non-alienation period as prescribed by the
granting / sanctioning authority.

h) It should be ensured that the land is not hit by any provision of Urban
Land (Ceiling & Regulation) Act, 1976.

i) It should also be ensured that the property is free from any minor’s
share, Stridhan, Alimony, Court / Government Attachment and that
the property has been transferred to the purchaser absolutely and
the seller has agreed to indemnify the buyer, if any, problem /
litigation arises in respect of the title of the seller at a later stage.

j) In case sale deed has been executed by virtue of Power of

Attorney, ensure that the precautions listed out hereinafter in the
Circular (Power of Attorney documents) are also complied with.

2. Gift Settlement Deed -

Gift Settlement Deed is executed by the Settlor of the Property in

favour of the Settlee either for consideration or for natural love and
affection. Each State has prescribed certain rate of Stamp Duty and
certain rate of registration fee for Gift Settlement Deed. In a Gift
Settlement Deed, the Photographs of the Settlor is always affixed.
However, some States also insist on the presence of the Settlee and
that his / her photograph should also be affixed. In certain States,
photograph of witness or Identifier is also affixed. Likewise each State
follows certain procedures for affixing of thumb impressions.

Precautions to be observed in a Gift Settlement Deed

a) Check that adequate Stamp duty / Registration prescribed by the

State has been paid in the Gift Settlement Deed.

b) Check that Signatures of the Settlor is affixed in the Gift Settlement

Deed. However, some States also insist upon the Settlee to sign as
token approval of the Settlement Deed.

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 c) Check whether the Original title deed document belonging to the
Settlor had also been handed over to the Settlee and also check
whether the Settlor has permitted the Settlee for mutation of his/her
name in the revenue records by virtue of the Settlement Deed.

d) Check whether the Settlor has transferred the full ownership of the
Property unconditionally and absolutely or whether the Settlor has
retained any Life Interest over the Property.

e) Check whether the description of the Property (Schedule of

Property) is in order.

f) Check whether the Settlee has accepted the Deed of Settlement

by implication or by his/her actions.

3. Release Deed –

Release Deed is executed by a Releasor of the Property in favour of the

Releasee for relinquishment of his / her rights over the Property. Both
the Releasor and the Releasee should have absolute ownership rights
at the time of execution of the Release Deed. In a Release Deed, the
Photographs of the Releasor is always affixed. However, some States
also insist on the presence of the Releasee and their photograph
should also be affixed. In certain States, Photograph of witness or
identifier is also affixed. Likewise each State follows certain procedures
for affixing of thumb impression.

Precautions to be observed in a Release Deed

a) Check that adequate Stamp duty / Registration fee prescribed by

the State has been paid on the Release Deed.

b) Check that Signatures of the Releasor are affixed in the Release

Deed. However, some States also insist upon the Releasee to sign as
token approval of the Release Deed.

c) Check whether the Releasor has permitted the Releasee for

mutation of his / her name in the revenue records by virtue of the
Release Deed.

d) Check whether the Releasor has transferred the full ownership of

the Property unconditionally or whether the Releasor has retained
any Life Interest over the Property.

e) Check whether the description of the Property (Schedule of

Property) is in order?

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4. Partition Deed –

Partition Deed is executed for Partition of either Joint Properties or for

an Individual Property. A minimum of 2 persons shall be required for
execution of the Partition Deed. In a Partition Deed, the Photographs of
all the Parties to the document should be affixed. In certain States,
photograph of Witness (Or) Identifier is also affixed. Likewise each
State follows certain procedures for affixing of thumb impressions.

Precautions to be observed in a Partition Deed

a) Check that adequate Stamp duty / Registration fee prescribed by

the State has been paid in the Partition Deed.

b) Check that Signatures of all the Parties to a Partition Deed has been
affixed.

c) Check whether the person in whose favour certain property has

been allotted has been permitted for mutation of his / her name in
the revenue records by virtue of the Partition Deed and also check
whether the ownership of the Property has come into his / her
possession unconditionally.

d) Check who is in possession of the Original title deed of the

document after the execution of the Partition Deed.

e) Check whether the description of the Property (Schedule of

Property) is in order.

5. Lease Deed-

Lease is defined under Section 105 of Transfer of Property Act, 1882 that “A
lease of immovable property is a transfer of a right to enjoy such property,
made for a certain time, express or implied, or in perpetuity, in consideration
of a price paid or promised, or of money, a share of crops, service or any
other thing of value, to be rendered periodically or on specified occasions to
the transferor by the transferee, who accepts the transfer on such terms.”

In other words lease is the transfer of a right to enjoy the property. A lease is
the outcome of the rightful separation of ownership and possession. The
premium is amount which is paid before the period of lease commenced.
Such a sum paid in advance could only be a consideration for the grant of
the lease and it clearly does not amount to premium which would necessarily
mean that it is money advanced in addition to the rent reserved. A premium
is in the nature of capital and such a sum could only be a consideration for
grant of lease and only in such cases it would mean that it is premium as
defined under Section 105 of the T.P Act, 1882.

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Vital Points which are to be considered while verifying the title deeds of
lease-hold / mortgaged properties while creating Mortgage.

(a) In the case of a leasehold property belonging to the borrower, the Deed
of the Lease under which the property is held should be examined to
see whether the consent of the lessor has to be obtained as a condition
precedent to the creation of the mortgage; if so, such consent should
be obtained prior to the creation of mortgage.

(b) With regard to Mortgage of mining rights and mines, the rules framed by
the State Government (on whose territory the mine is situated) for the
sanction of the mortgage of the mining rights and mines, should be
scrutinised and followed. In most States, such rules require that sanction
of the States Government should be obtained before creation of the
mortgage. As mortgage of mining rights involves considerable legal
formalities, branches should not accept such mortgage by way of
security without specific permission of Circle Office/Zonal Office.

(c) In respect of the advances made on the security of the land/plot

granted by Government/ Authority, it should be ensured that proper
NOC is obtained to mortgage the land/plot in favour of the bank from
concerned Government/ Authority.

(d) In case of purchase of land or ready built house or flat from the
Government of India or the Government of any State or State Housing
Board or City or Town Municipal Board or City Improvement Trust or any
autonomous body like Delhi Development Authority or Co-operatative
Society; it should be verified whether mortgage of such property requires
their prior consent. If so, prior consent of Competent Authority should be
obtained by the mortgagor prior to the creation of the mortgage in
favour of the Bank.

(e) It should also be borne in mind that while fixing the loan repayment
schedule, the remaining period of the lease should be looked into and in
no case the repayment period should be more than the remaining
period of lease. Most importantly, it should be checked whether it is a
long term lease or not ?

Power of Attorney –

Power of Attorney is a right granted by the Principal in favour of his /

her Agent to do certain specific or General Act on behalf of the
Principal. Earlier Power of Attorney was always signed only by the
Principal. Now a days many States in India insist that the Agent should
also sign the Power of Attorney and the Photograph of both the
Principal and the Agent are affixed in the Power of Attorney

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Document. In case if no fixed term is mentioned in the Power of
Attorney, the Power of Attorney is valid until it is revoked by the
Principal or is valid till the lifetime of the Principal. (However, in the
State of Madhya Pradesh, a Power of Attorney is valid only for a period
of one year). In certain States, the Photograph of the Witness/Identifier
is also affixed in a Power of Attorney. Power of Attorney is registered
under Book IV records of the Sub Registrar Office. Sale Deeds, Gift
Deeds, Partition Deeds, Release Deeds, Mortgage Deeds etc are
registered under Book I records of the Sub Registrar. While applying for
an Encumbrance Certificate, only the details reflected in Book I
records are alone reflected. The State of Tamil Nadu has ensured since
November 2010 that the details relating to Power of Attorney are also
reflected in the Encumbrance Certificates. Hence, it should be
ascertained whether similar practice is being followed in the respective
states. Moreover, the State of Bihar had brought in a curb on the
practice of granting Power of Attorney in favour of outsiders and has
permitted the grant of Power of Attorney only in favour of close blood
relatives. Hence, this aspect should also be verified from the respective
State Acts. Moreover, many States refuse to give a Certified Copy of
Power of Attorney documents to outsiders since it is registered under
Book IV records. A Certified copy of Power of Attorney can be applied
only by the Principal or by the Power Agent or his / her legal heirs.

Precaution to be observed in a Power of Attorney Document

a) Check that it is duly registered and adequate Stamp duty

prescribed by the State has been paid in the Power of Attorney
Document.

b) Check that Signatures and Photographs of the Principal and Power

Agent (if applicable in the respective state) are affixed.

c) Check whether the Principal who grants Power for Sale of his/her
Property has valid title to the Property and that his / her name is
reflected as owner in the revenue records of the Government.

d) Check whether the Power Agent has authority to Sell the Property
by virtue of the Power of Attorney Document ( i.e. to check whether
Sale Clause is mentioned in the Power of Attorney document).

e) For availing loans based on Power of Attorney, please check

whether the Power Agent has the authority to sign loan documents
and to create an Equitable Mortgage in favour of Banks / Financial
Institutions on behalf of the Principal.

f) Check that as on the date of execution of any document based on

the strength of a Power of Attorney document, the Power of
Attorney document was in force and not revoked and that the
Principal was alive.

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 g) In case of grant of Power of Attorney by a Builder (Private or Public
Limited Company) to their employee, ensure that a certified copy
of supporting Board Resolution authorising the Power Agent is
produced. In case if the Builder is a Partnership Firm, check whether
all the Partners have authorised in writing any specific Partner or
their employee to act as Power Agent.

h) In case of execution of Power of Attorney outside India, check that

it has either been notarised or signed before Indian Consulate
officials and then duly adjudicated within 120 days from the date of
execution of the Said Power of Attorney document.

i) Always Check the Original duly registered General Power of

Attorney.

j) Check whether the description of the Property (Schedule of

Property) is in order?

Check list for Memorandum of Deposit of Title Deeds executed in favour of

Banks / Financial Institutions –

A Memorandum of Deposit of Title Deed is a document registered by

the Owner of the Property in the respective Sub Registrar Office as
notified by the respective State under the provisions of Transfer of
Property Act in favour of any Bank / Financial Institution which had
granted the loan. It is mainly executed to register the Equitable
Mortgage created in favour of Banks / Financial Institutions with the
records of the Sub Registrar Office. Some States have made
registration of Equitable Mortgage compulsory while in some States,
registration of Equitable Mortgage is optional. Hence, branches and
Offices should follow the practices prevailing in their respective States.

Precautions to be observed in a Memorandum of Deposit of Title Deeds

in favour of Banks / Financial Institutions

a) Check that it is duly registered and adequate Stamp duty

prescribed by the State is paid.

b) Check that Signatures and Photographs of the borrower are

affixed.

c) Check whether the entire loan facility granted to the borrower is

mentioned in detail including the rate of Interest and schedule of
repayment.

d) Check whether the name of the Bank / Financial Institution

(including Branch name) had been property mentioned.

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 e) Check whether the date of creation of Equitable Mortgage has
been correctly mentioned.

f) Check whether all the list of Documents handed over to the Bank /
Financial Institution has been clearly mentioned in the
Memorandum of Deposit of Title Deeds.

g) Check whether the description of the Property (Schedule of

Property) is in order?

The following crucial aspects are to be checked/obtained while

accepting the following types of properties as mortgage.

(I) Village Property land (Agricultural or Non Agricultural land)

a) Check Preceding Parental Documents (if available) for last 30

years;
b) Check Original title deed documents in the name of the
present owner;
c) Check latest Patta / Pahani / RTC Khasra / Khatian / Khatauni /
Jamabandi / Thandaper / 7 / 12 Extract (whichever land
revenue record applicable in the respective state) issued in the
name of the present owner;
d) Check Land Conversion details (if available);
e) Check Field Map Sketch (FMB Sketch) of the land;
f) Cross Check the genuineness of present owner land revenue
record online (if available in respective States)
g) Cross Check whether there is any restrictions for Purchase of
Agricultural lands in that State;
h) Obtain Certified Copy of the latest title deed by which the
owner had acquired the title to the Property from the records
of the concerned sub registrar office having jurisdiction over
the Property to be Purchased (Genuineness of any document
can be ascertained only when certified copy of the same is
obtained from the records of Sub Registrar Office and
compared with the Original)*;
i) Obtain Non Encumbrance Certificate (Computerised or
Manual – wherever applicable for last minimum 13 years.

(II) Vacant land in an approved layout or scheme

a) Check Preceeding Parental Documents for last 30 years;

b) Check Original title deed documents in the name of the present
owner;
c) Check latest Patta / Pahani / RTC / Khasra / Khatian / Khatauni /
Jamabandi / Thandaper / 7 / 12 Extract (whichever land
revenue record applicable in the respective state) issued in the
name of the present owner;

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 d) Check Field Map Sketch (FMB Sketch) of the land;
e) Check Copy of Layout Proceedings issued by the appropriate
authority along with layout plan copy with seal of the
appropriate local body and permit issued by the appropriate
authority (for layout or scheme);
f) Check Copy of Gift Deed executed in favour of local body (for
Open Space Reservation and Roads) in case if the layout or
scheme land exceeds certain specific area prescribed by the
respective state;
g) Cross Check the genuineness of present owner land revenue
record online (if available in respective States)
h) Obtain Certified Copy of the latest title deed by which the owner
had acquired the title to the Property from the records of the
concerned sub registrar office having jurisdiction over the
Property to be Purchased (Genuineness of any document can
be ascertained only when certified copy of the same is obtained
from the records of Sub Registrar Office and compared with the
Original)*
i) Obtain Non Encumbrance Certificate (Computerised or Manual
- wherever applicable) minimum for last 13 years.

(III) Land and building (Second hand) in an Approved layout or Scheme

a) All the Check List mentioned for Purchase of vacant land in an

Approved Layout;
b) Obtain Permits issued for construction of building along with
copy of sanctioned building plan along with seal of the
appropriate authority;
c) Obtain latest Original Property tax receipt, Water tax receipt and
Electricity Charges receipt issued in the name of the present
owner.

(IV)New Apartments

a) Check Preceding Parental Documents for last 30 years;

b) Check Original title deed documents in the name of the present
owner;
c) Check latest Patta / Pahani / RTC / Khasra / Khatian / Khatauni /
Jamabandi / Thandaper / 7 / 12 Extract (whichever land
revenue record applicable in the respective state) issued in the
name of the present owner;
d) Check Field Map Sketch (FMB Sketch) of the land;
e) Check Copy of Layout Proceedings issued by the appropriate
authority along with layout plan copy with seal of the
appropriate local body and permit issued by the appropriate
authority (for layout or scheme) – wherever applicable;
f) Check Copy of Gift Deed executed in favour of local body (for
Open Space Reservation and Roads) in case if the layout or

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 scheme land exceeds certain specific area prescribed by the
respective state – wherever applicable;
g) Cross Check the genuineness of present owner land revenue
record online (if available in respective States)
h) In case if the Builder is not the owner, check the Development
Agreement entered into between the Builder and the Owner
and also check whether the Owner has granted Power of
Attorney in favour of the Builder. Ascertain the extent to which
the owner has given power to the Builder (whether to sell all the
developed Flats or only specific number of Flats);
i) Obtain Certified Copy of the latest title deed by which the owner
had acquired the title to the Property from the records of the
concerned sub registrar office having jurisdiction over the
Property to be Purchased (Genuineness of any document can
be ascertained only when certified copy of the same is obtained
from the records of Sub Registrar Office and compared with the
Original)*
j) Obtain Permits issued for construction of building along with
copy of sanctioned building plan along with seal of the
appropriate authority;
k) Check whether the total number of Apartments Constructed
tallies with the number of Apartments mentioned in the Permit
issued for Approval. The General Thumb Rule is that for each
Apartment, there will be only one Kitchen. Count the total
number of Kitchens shown in the Approved Drawing Plan and
this will reflect the total number of Apartments for which
permission had been issued for Construction.
l) The Builder / Developer should not retain any Undivided Share of
land (unless any Flat is allotted to him) nor should have any
terrace rights over the constructed building. Check whether the
Construction Agreement is free from these Clauses.
m) For Societies (mainly in the State of Maharashtra), check
Conveyance Deed executed in favour of Society/Condominium
concerned. Also Check the Occupancy Certificate
(or)Allotment/Possession Letter issued in favour of the member of
the Society along with the Share Certificates issued by the
Society. Also check Membership Details in the Society.

n) In case if any loan is availed from any Bank/FI by the

Builder/Developer, ensure that NOC for Sale of the Apartment is
obtained from the concerned Bank/FI. Also ensure that the
payment transactions to the Builder/Developer are routed only
through that Bank/FI which had granted loan to the
Builder/Developer.

o) Obtain Non encumbrance Certificate (Computerised or Manual

–wherever applicable) minimum for last 13 years.

(V)Second Hand Apartments

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 a) All the Check list mentioned for Purchase of new Apartment.

b) Obtain latest Original Property tax receipt, water tax receipt and
Electricity Charges receipt issued in the name of the present
owner.

c) In most cases for Purchase of Second Hand Apartments, the

parent Documents will be Xerox and only the original Sale
Agreement and Original Construction Agreement executed with
the Builder/Developer and Original Sale Deed document
executed in favour of the first Purchaser shall along be available.

(VI)Mortgage of Factory Land

a) Check preceeding Parental Documents for last 30 years.

b) Check Original title deed documents in the name of the present

owner.

c) Check latest Patta/Pahani/RTC/Khasra/ Khatian/ Khatauni/

Jamabandi / Thandaper/ 7/12 Extract (whichever land revenue
record applicable in the respective state) issued in the name of the
present owner.

d) Check Field Map Sketch (FMB Sketch) of the land.

e) Check the Land Use Classification Map to know the land

Classification. If map not available, enquire about the land
classification from the respective Government authority.

f) Cross check the genuineness of present owner land revenue record

online (if available in respective States).

g) Obtain Certified copy of the latest title deed by which the owner
had acquired the title to the Property from the records of the
concerned sub registrar office having jurisdiction over the Property to
be purchased (genuineness of any document can be ascertained
only when certified copy of the same is obtained from the records of
Sub Registrar Office and compared with the Original)*.

h) Obtain permits issued for construction of Factory building alongwith

copy of sanctioned building plan along with seal of the appropriate
authority.

i) Obtain Non Encumbrance Certificate (Computerised or Manual –

wherever applicable) minimum for last 13 years.

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 (VII) State Housing Board Properties:

The following aspects are to be looked into in case of Plot/House allotted by

State Housing Boards:

a) Allotment letter issued by Housing Board.

b) Handing Over Certificate and Take Over Certificate issued by

Housing Board.

c) Original Sale Deed document executed by Housing Board to the

Allottee (if available).

d) Approved Building Plan with Seal.

e) Latest Property tax receipt assessed in the name of the Allottee.

f) NOC from Housing Board for transfer to be made by Allottee to

new Purchaser (applicable in case if Sale Deed had not been
executed by Housing Board to Allottee).

g) Obtain Certified Copy of the title deed executed by Housing

Board to Allottee from the records of the concerned sub registrar
office having jurisdiction over the Property (Genuineness of title
deed document can be ascertained only when certified copy of
the same is obtained from the records of Sub-Registrar Office and
compared with the Original).*

h) Obtain Non Encumbrance Certificate (Computerised or Manual

– wherever applicable) minimum for last 13 years (if Sale Deed had
been executed by Housing Board to Allottee).

* How to compare certified copy of title deed document along with original
Document

The genuineness of any document can be ascertained only when the

certified copy of the document obtained from the records of the Sub
Registrar is compared with the Original document and the same should tally
in all respects. There are two types of certified copy of documents:

a) Scanned Certified Copy of title deed document

b) Manual Certified copy of title deed document

Scanned Certified Copy of title deed document – How to verify with Original
Document?

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 It should tally in all respects with the original documents. The stamp paper
denominations, seal of the sub registrar office, signature of the sub registrar,
signature of the parties to the document etc should tally in all respects.

Manual Certified Copy of title deed document – How to verify with Original
Document ?

A manual certified copy of document may either be hand written or typed.

The contents of the certified copy document should be matched with the
contents mentioned in the Original document in all respects to find out
whether the name of the parties to the document are correct and the extent
of schedule or description of the Property is correct. Also in a manual
certified copy of document, immediately after the description of the
Property, the details relating to stamp paper denomination, stamp vendor,
document number, volume number and page number (in which is entered in
sub registrar office records) will be mentioned. Check if it tallies with the
stamp paper denomination and stamp vendor details mentioned in the
Original Document and also check if it tallies with the document number,
volume number and page number mentioned in the registration details page
in the Original Document in all respects. Also check whether the signature of
the sub registrar affixed in the certified copy of document tallies with the
signature of the sub registrar affixed in the original Document in all respects.
After verification of title deed certificate from advocate should be onatined
from the advocate as stipulated in Circular No. CHO/LAW/2010-11 dtd
26.03.2011.

Other check points:

1) Whether the facility for Online Verification of Government Fixed Value

of land is possible in the respective States?.

2) Whether Scanning of Sale Deed Document is done in SRO at

respective States?

3) Whether Memorandum of Deposit of Title Deeds (Registration of EM

created in favour of the Bank) is done in SRO at respective States?

4) Whether digital Photo & Digital Signatures are taken by SRO at

respective States?

5) Whether photo of property is affixed in Sale Deed at respective States?

6) Whether EC is issued by Government (Computerised or Manual) at

respective States?

7) Whether online verification of Land records is possible at respective

States?

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 8) Since in some states title deed documents can be registered with Sub-
Registrar Office, District Registrar Office or Additional Registrar of
Assurance, hence search for encumbrance and title documents
should be conducted in all the three offices of respective States.

Branches and offices are advised to bring this Circular to the notice of the
empanelled Advocates and valuers to ensure that the guidelines/check
points mentioned supra are meticulously looked into by them while
examining the genuineness of the title deed documents of property offered
as security/mortgage to the bank to avoid fraud scenario.

Besides, branches and offices should also go through the contents of this
Circular minutely and act accordingly.

(D P Panda)
Dy General Manager (Law)

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