PAWAN KUMAR Chamber No.

37, New Bar

ADVOCATE Building Civil Court Campus,
CIVILCOURT GORAKHPUR Gorakhpur, MobN0. 9415692060

PNB HOUSING FINANCE LIMITED

LEGAL TITLE OPINION REPORT

REF.NO.HOV/VAR/0619/708202 Dated: 14.06.2019

To,
The Branch Manager,
PNB HOUSING FINANCE LTD.
Gorakhpur

Report:- Positive/Negative/Hold
Search Receipt No. 2019161012284
Date of search receipt: 23.05.2019
Search for the period from 2006-2019= 13 Years.
Type of Case:- BT (Re-sale, LAP, Re-Finance, Balance Transfer)
 Status : Clear 
Sir,
            As desired by you the records of Sub-Registrar, Gorakhpur, have been verified by me for the
period of last 13 years for investigation of title in respect of below property. I have also verified
documents mentioned in schedule. On the basis of below Photo copy documents my Report/
Certificate is given as under:-

SUB: - T I T L E C L E A R A N C E C E R T I F I C A T E
1. Name/s Owner
Sri Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi residence of house
No.- 215-A Dharmpur Post Geetavatika Shahpur Distt.-Gorakhpur.
2. Name/s of the person/s offering mortgage.
3. Sri Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi residence of house
No.- 215-A Dharmpur Post Geetavatika Shahpur Distt.-Gorakhpur.
3. Status of the Owner/s
Individual
4. Status of Mortgagor/s:
Individual capacity.
5. Description of the Property:-
Immovable property Plot under arazi No. 578 Mi and area 1155 Sq.ft. situated at
Mauza Harsevakpur No.-2, Tappa Khuthan & Pargana Haveli, Tahsil Sadar, Distt.-
Gorakhpur.
 Bounded as per deed :-
East : Rasta 20’ wide.
West : Land of Meva Chauhan.
North : Land of Vendor .
South : Land of Kiran Srivastav.

6. Particulars of all documents made available for verification:-

Photocopies examined of the following documents:-
 Photocopy of Sale deed executed by Santlal son of Dhanraj in favour of Smt. Pushpa
Pandey wife of Chakdhari Pandey, registered in the office of sub Registrar,
Gorakhpur in Book No. I volume 6185 pages 181/220 document no. 919 on
12.03.2010.
 Photocopy of Sale deed executed by Smt. Pushpa Pandey wife of Chakdhari Pandey
in favour of Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi , registered in
the office of sub Registrar, Gorakhpur in Book No. I volume 13848 pages 323/370
document no. 9520 on 30.10.2017.
 Extract of Computerize Khatauni belonging the arazi No.-578 and Mauza Harsevakpur
No.2 Tahsil Sadar Distt. Gorakhpur in the favour of Mritunjay Dvivedi son of Sri
Devendra Narain Dvivedi for Fasli Year 1421-1426. .
 Photocopy of LOD issued by DHFL Bank in favour of Mritunjay Dvivedi son of Sri
Devendra Narain Dvivedi in respect of said property.

7.DEVOLUTION OF TITLE:-

[Evolution, Background and Tracing of title property/properties i.e. flow of title during last
13 years (tracing of the title should be explained in chronological order beginning with the
earliest available title deed. All the title deeds should be discussed fully, stating registration
number, document number, dates of execution, name of executors and executants, etc. &
complete history of mutation entries, village records. The chain of title deeds should clearly
establish the title of the property holder. If the chain is broken, the same should be
explained in convincing manner.)]:-
A. Initially, The recital of deed & above mention documents indicate that Santlal son
of Dhanraj residence of Mohalla Harsevakpur No.2, Tahsil Sadar, Distt.
Gorakhpur was owner of the property aaraji no. 578 as area 5151.9 sq.ft. and
other with transferable right from Fasli Years 1415..
B. Thereafter that Santlal son of Dhanraj residence of Mohalla Harsevakpur No.2,
Tahsil Sadar, Distt. Gorakhpur executed registered sale deed dated 12.03.2010 in
favour of Smt. Pushpa Pandey wife of Chakdhari Pandey in respect of for aaraji no.
578 area 5151.9 sq.ft. which is registered in the office of sub registrar Gorakhpur at
Bahi no .1, Zild no. 6185 pages 181/220 document no. 1919 on 12.03.2010.
C. Smt. Pushpa Pandey wife of Chakdhari Pandey is recorded in khatauni.
D. Thereafter Smt. Pushpa Pandey wife of Chakdhari Pandey executed registered
sale deed dated 30.10.2017  in favour of Mritunjay Dvivedi son of Sri Devendra
Narain Dvivedi in respect of for aaraji no. 578 area 1155 sq. which is registered in
the office of sub registrar Gorakhpur at Bahi no .1, Zild no. 13848 pages 323/370
document no. 9520 on 30.10.2017.
E. Vendee is major so no minor interest involve in the property. The chain of property
is complete.
F. Thus I am of the view that Mritunjay Dvivedi son of Sri Devendra Narain
Dvivedi is owner of the property with transferable right.
G. As per list of document & statement of account UCO Bank. Gorakhpur
indicate that, Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi deposit
the original title deed in UCO Bank Gorakhpur and take loan. A valid
mortgage u/s 58-F transfer of property act already created in favour of
UCO Bank Gorakhpur. Thus I am of the view that property is not free from
all encumbrances till payment of loan liability and release the original title
deed.

8. Year up to which the property tax/society charge has been paid (Description of
property tax/society charge receipt): -
Receipts not made available to us, bank to obtain/verify the same.
9. Whether the particulars of registration as given in the title deeds shown to the
counsel tally with the particulars as stated in the records of the Registrar’s office? –
Yes
10. Whether the property/properties has/have been mutated in the name/s of the
person/s offering the mortgage?–
Yes.
11. Where there is any bar under any local law for creation of the mortgage on the
property? Whether there are any liabilities or encumbrances over the said property? -
Yes DHFL, Bank Gorakhpur.
12. Whether all approval clearance/sanctions required for creation of the mortgage have
been obtained, what are such sanctions, approvals and clearances yet to be obtained?
–Not Applicable
13. Whether equitable mortgage can be created on this property/ properties?–
After payment of loan liability of DHFL, Bank and release the original title deed from
DHFL, Bank..
14. Where the property/properties under consideration involves Land, whether the
Land is Agricultural/ Non Agricultural land, in case of N.A. land/plot-whether it is
allowed for use of Residential/Commercial /Industrial Purpose:-
Residential and non-agricultural.
15. Whether there is any construction over the said land and any Permission or Approved
Lay-out plan obtained from Competent Authority? (Please state here about the
permission and approved lay-out for construction and whether the construction area is as
per Approved Lay-out plan and copies verified in original or photo copy):-
To be checked by the Valuer/Chartered Engineer of the PNBHFL
16. Whether the property/properties is/are coming under the preview of Urban Land &
Ceiling Act?-
Not Applicable
17. Whether the property/ properties is/are owned by the person/s offering mortgage or
on lease? Furnish details for that: -
Freehold Property.
19. Whether the whole/part of the property/properties being offered for mortgage is/are
rented or leased out to any third party? – Please Refer To Technical Report
20. Description of the inspection receipt issued by the Sub-registrar (number and date,
copy of inspection receipt and year wise search report be attached along with the
report):-
Receipt No. 2019161012284 dated 23-05-2019

21. AT THE TIME OF DELIVERY OF PAY ORDER (S)/DEMAND DRAFT (3) TO

BE MADE BY PNBHFL for BT favouring DHFL, Bank Gorakhpur & Top Up in
favouring Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi.
22. DOCUMENTS REQUIRED WHILE CREATING E.M. [LIST/DETAILS OF TITLE
DEEDS/DOCUMENTS TO BE DEPOSITED FOR CREATING MORTGAGE BY
DEPOSIT OF TITLE DEEDS]: -
Annexure-A
Prior to Sanction of loan
Critical Document
 Certified Copy of the sale deed executed by Santlal son of Dhanraj in favour of
Smt. Pushpa Pandey wife of Chakdhari Pandey, registered in the office of sub
Registrar, Gorakhpur in Book No. I volume 6185 pages 181/220 document no. 919
on 12.03.2010.
 Attested copy of Sale deed executed by Smt. Pushpa Pandey wife of Chakdhari
Pandey in favour of Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi ,
registered in the office of sub Registrar, Gorakhpur in Book No. I volume 13848 pages
323/370 document no. 9520 on 30.10.2017.
 True copy of Computerize Khatauni belonging the arazi No.-578 and Mauza
Harsevakpur No.-2 Tappa –Khuthan & Pargana Haveli, Tahsil Sadar Distt. Gorakhpur
in the favour of Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi, for Fasli
Year 1421-1426 .
 True copy land use issued by GDA, Gorakhpur dated 25.04.2019.
 True Copy LOD issued by DHFL Bank in favour of Mritunjay Dvivedi son of Sri
Devendra Narain Dvivedi in respect of said property
Annexure-B
At the time of Delivery of Pay Order(s)/ Demand Draft (s) to the Seller/ Borrowers
Critical Documents
Original payment receipt/acknowledgement issued by DHFL Bank Gorakhpur
Annexure-C
Post Disbursal
Critical Documents
 Original Sale deed executed by Smt. Pushpa Pandey wife of Chakdhari Pandey in
favour of Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi , registered in the
office of sub Registrar, Gorakhpur in Book No. I volume 13848 pages 323/370
document no. 9520 on 30.10.2017.
 NOC given by DHFL Bank Gorakhpur in favour of Mritunjay Dvivedi son of
Sri Devendra Narain Dvivedi in respect of said property.

DATE: 14.06.2019
PLACE: Gorakhpur
(PAWAN KUMAR)
ADVOCATE

PAWAN KUMAR Chamber No. 37, New Bar

ADVOCATE Building Civil Court Campus,
CIVILCOURT GORAKHPUR Gorakhpur, MobN0. 9415692060

CERTIFICATE

THIS IS TO CERTIFY that Mritunjay Dvivedi son of Sri Devendra Narain

Dvivedi is the absolute owner of said property. The said property i.e. Plot

under arazi No. 578 Mi and area 1155 sq.ft.. situated at Mauza Harsevakpur,

Tappa Khuthan & Pargana Haveli, Tahsil Sadar, Distt.-Gorakhpur is free from

all sorts of encumbrances, lien, charges, mortgages, etc. After payment of loan

liability of DHFL Bank Gorakhpur and release the original title deed from DHFL

Bank Gorakhpur, Mritunjay Dvivedi son of Sri Devendra Narain Dvivedi is

having valid absolute clear and marketable title to the said property and can

create valid equitable mortgage in favour of PNB HFL. The mortgage of said

property can be enforced (if required) under the provisions of The

Securitization and Reconstruction of Financial Assets and Enforcement of

Securities Act, 2002 and amendments thereto (“SARFAESI”) by PNB HFL.

Place: 14.06.2019
Date: Gorakhpur
(PAWAN KUMAR)
ADVOCATE