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KARNATAKA GRAMIN BANK MEMO NO.

: 35/2019-20

HEAD OFFICE: BALLARI INDEX NO. :03/2019-20

RECOVERY & LEGAL WING DATE : 30-04-2019

SUB: Introduction of New Advocate checklist with reference


to LSR circular No.51/2019-20.

Vide our Circular No.51/2019-20 regarding guidelines on


obtention of Legal scrutiny reports(LSRs), advocate
checklist was issued under appendix-1. Now as per the
change in working area of our Bank after
amalgamation, we are issuing a fresh advocate
checklist which is to be followed by the Advocate.
Branch has to obtain checklist by advocate in the new
prescribed format only. The Old checklist format
annexed with LSR circular No.51/2019-20 stands
withdrawn.
In future, While submitting the LSR, Branch has to confirm
and verify that advocate has submitted the checklist as
per enclosed format along with LSR as per annexure of
this memo.

N Ravikumar
General Manager

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CHECK LIST (BY ADVOCATE)
Sl.No. Parameters Remarks
Name of the Bank/Branch which sought
01
opinion
02 Name and address of the Advocate
03 Name and address of the loan applicant/s
Name and address of the person/s who is /are
04
the present owner/s of the property/ies
If the loan applicant is/are different from the
present owner/s and the property/ies
05
arranged to be given on security by the
owner/s loan applicant/s.
Description of the property (give full details
like survey number, extent, name of the
06 village, city, registration sub district, and if it
contains buildings give door number of
buildings).
What are the documents perused to verify
07
title? List them, serially and chronologically.
Whether they are
08 orginal/xerox/registered/true copies. State
with reference to each document.
What is the nature of title of the owner/s
i.e., tenancy right, full ownership, occupancy
right/ possessory right. Clarify, if the title is
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less than full ownership i.e., tenancy rights
etc., whether consent of landlord or any
other person is required? It is obtained?
Whether the history of property/ies as can be
made out from the listed documents has been
10
traced briefy? Is the title obtained by any
possible claim of minors etc.
Whether the latest deed/s and the
11 immediately previous title deed/s available in
original? If not give reasons.
Whether building tax/land revenue or tax has
12 been paid upto date? If not payable state
reasons.
Whether any dues recoverable as arrears of
13 land revenue are outstanding? No due
certificate from revenue department should

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be produced.
14 Whether sales tax arrears subsists?

Sl.No. Parameters Remarks


Whether the land is affected by any revenue
15 and tenancy legislation? If so, how and to
what extent and the remedy, if any?
Whether Urban Land ceiling and Regulation
16
Act affect title? If so in what manner?
Whether the land has been converted under
17 the Land Revenue If not required, give
reasons.
Is there any other special enactment which is
18 applicable to the property/ies and affecting
the title?
Whether the proposed mortgage by deposit of
title deeds is possible? If so what are the
documents to be deposited and at which
19
place? If deposit is not possible can there be
simple mortgage or nay other mode of
mortgage?
What is the resultant perusal of encumbrance
20 certificate or search report on the title to the
property/ies in question?
Any other special aspects relating to the
21 quality of title to the property/ies under
consideration?
Whether the possibility of any subsisting
equitable mortgage is ruled out? Is the
22 immediate previous title deed/s available? If
not reasons for ruling out subsisting equitable
mortgage.
Whether title is clear and marketable free
from encumbrances, claim of minors and
provisions of special enactments like Urban
Land (C&R) Act and tenancy laws and
23
attachment order an court litigation affecting
title and the Advocate has certified to this
extent? If the certification is qualified, such
qualification is to be specified.
Whether the owner is in Khas possession of
24 the property/is in question? On what basis
this aspect is certified?

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If owner/s is are company partnership firm,
trust, temple, wakf or other legal person,
25 how title is effected by its rules or byelaws or
Trusts Act, Wakf Act, etc., any Acts special
law?

Sl.No. Parameters Remarks


(1) Whether the records of registrar office or
revenue authorities relevant to the property
in question are available for verification
26
through any online portal or computer
system?

2(a)If such online/computer records are


available, Whether any verification or cross
checking are made and the
comments/findings in this regard.

2(b)Enclose certified copy of the title deed


through which proposed borrower is deriving
the title either by downloading or obtaining
from SRO along with original fee paid receipt.
(3)Whether the genuineness of the stamp
paper is possible to be got verified from any
online portal and if so whether such
verification was made ?
(1) Whether the property is subject to any
27 pending or proposed land acquisition
proceedings?
(2) Whether any search/enquiry is made with
the land acquisition office and the outcome
of such search/enquiry.
If the property is a flat/apartment or
28 residential/commercial complex,
Check and comment on the following:
(a) promoter’s/Land owner’s title to the
land/building:
(b)Development agreement/Power of
attorney:
(c) Extent of authority of the
developer/Builder
(d)Independent title verification of the land
and/or building in question;

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(e) Agreement for sale(Duly registered);
(f) Payment of proper stamp duty;
(g) Requirement of registration of sale
agreement, development agreement, POA,
etc;
(h) Approval of building plan, permission of
appropriate/local authority, etc;
(i) conveyance in favour of
society/condominium concerned;
(j) Occupancy certificate/allotment
letter/letter of permission
(k) membership details in the society etc;
(l) Share certificates;
(m) No objection letter from the society;
(n) all legal requirements under the
local/municipal laws, regarding ownership of
flats/apartments/building regulations,
development control regulations, cooperative
societies laws etc;
(o) Requirements for noting the bank charges
on the records of the housing society, if any;
(p) If the property is a vacant land and
construction is yet to be made, approval of
layout and other precautions, if any;
(q) Whether the numbering pattern of the
units/flats tally in all documents such as
approved plan, agreement plan etc.
Details of RTC extracts/mutation/Khaata
29.
extract pertaining to property:-
Whether there is any difference/discrepancy
30. in any of the documents or the actual current
boundary?

Place:
Date: Signature of Advocate

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