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. 2019161011525
Date of search receipt: 14.05.2019
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
Smt. Shashi Prabha daughter Sri Haribansh Shukl residence of Mohalla
Mohaddipur City Gorakhpur.
2. Name/s of the person/s offering mortgage.
Smt. Shashi Prabha daughter Sri Haribansh Shukl residence of Mohalla
Mohaddipur City 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. 139 Mi and area 8 dismal i.e. 324.29
sq.mt. situated at Mauza Rampur, Tappa & Pargana Haveli, Tahsil Sadar, Distt.-
Gorakhpur.
 Bounded as per deed :-
East : Land of Vimla Devi.
West : Land of Harivansh Shukla.
North : 15’ Rasta .
South : Land of Rajendra Prasad Chaurasiya.

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

Photocopies examined of the following documents:-
 Photocopy of Sale deed dated 04.08.1990  executed by Indra Dev Prasad son of Late
Isvari Prasad in favour of Smt. Shashi Prabha daughter of Haribansh Shukl,
registered in the office of sub Registrar, Gorakhpur in Book No. I volume 290 pages
137/178 document no. 17325 on 04.08.1990.
 Photocopy of Sale deed dated 28.07.2009  executed by Smt. Shashi Prabha daughter
of Haribansh Shukl wife of Sri Sunil in favour of Sri Dharmendra Nath Pandey son
of Ram Jivan Pandey and Smt. Arunima Pandey wife of Sri Dharmendra Nath
Pandey , registered in the office of sub Registrar, Gorakhpur in Book No. I volume
5753 pages 137/158 document no. 6132 on 28.07.2009.
 Extract of Computerize Khatauni belonging the arazi No.-139 Mi and Mauza Rampur
Tahsil Sadar Distt. Gorakhpur in the favour of Smt. Shashi Prabha daughter of
Haribansh Shukl for Fasli Year 1419-1424. .
 Extract of Computerize Khatauni belonging the arazi No.-139 Mi and Mauza Rampur
Tahsil Sadar Distt. Gorakhpur in the favour of Smt. Shashi Prabha daughter of
Haribansh Shukl for Fasli Year 1425-1430.
 Photocopy of land use issued by GDA, Gorakhpur dated 25.04.2019.
 Photocopy of house map dated 20.06.2018.
 Photocopy of LOD issued by UCO Bank in favour of Smt. Shashi Prabha 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 Indradev
Prasad son of Late Isvari Prasad residence of Mohalla Muftipur, City
Gorakhpur was owner of the property aaraji no. 139Mi situated Mauja- Rampur,
Tappa -& Paragana-haveli, Tah.-Sadar,Distt.-Gorakhpur with transferable right.
B. Thereafter Indradev Prasad son of Late Isvari Prasad residence of Mohalla
Muftipur, City Gorakhpur executed registered sale deed dated 04.08.1990 in favour of
Smt. Shashi Prabha daughter Sri Haribansh in respect of for aaraji no. 139Mi area 2
dismal as boundary North- Land of Geeta Devi and South – Land of Vendor and East- Chak
Road and West- Land of Manoj and area 8 ¼ dismal as boundary East - Land of
Vimla Devi and West -Land of Harivansh Shukla and North- 15’ Rasta and South
-Land of Rajendra Prasad Chaurasiya which is registered in the office of sub
registrar Gorakhpur at Bahi no .1, Zild no. 290 pages 137/178 document no.
17325 on 04.08.1990.
C. Smt. Shashi Prabha daughter Sri Haribansh is recorded in khatauni.
D. Subsequently Smt. Shashi Prabha daughter Sri Haribansh Shukl executed
registered sale deed dated 28.07.2009  in favour of Sri Dharmendra Nath Pandey
son of Ram Jivan Pandey and Smt. Arunima Pandey wife of Sri Dharmendra
Nath Pandey in the part of the purchase as aaraji no. 139Mi area 989 sq. Feet as
bounded East- Sub-road and West- Land of Manoj Kumar and Noth- Land of
Geeta Devi and South- Land of Badal and Sagar which is registered in the office of
sub registrar Gorakhpur at Bahi no .1, Zild no. 5753 pages 137/158 document no.
6132 on 28.07.2009.
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 Smt. Shashi Prabha daughter of Haribansh Shukl
wife of Sri Sunil is owner of the property with transferable right as arazi 139Mi and
in rest area as owner in possession on 8 dismil i.e. 324.29 sq.mt..
G. As per list of document & statement of account UCO Bank. Gorakhpur
indicate that, Smt. Shashi Prabha daughter of Haribansh Shukl wife of Sri
Sunil 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 UCO, 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 UCO, Bank and release the original title deed from
UCO, 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. 2019161011525 dated 14-05-2019

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

BE MADE BY PNBHFL for BT favouring UCO, Bank Gorakhpur & Top Up in
favouring Smt. Shashi Prabha daughter of Haribansh Shukl wife of Sri Sunil.
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
 Photocopy of the sale deed executed by Smt. Shashi Prabha daughter of
Haribansh Shukl wife of Sri Sunil in favour of Sri Dharmendra Nath Pandey son of
Ram Jivan Pandey and Smt. Arunima Pandey wife of Sri Dharmendra Nath
Pandey , registered in the office of sub Registrar, Gorakhpur in Book No. I volume
5753 pages 137/158 document no. 6132 on 28.07.2009.
 Attested copy of Sale deed executed by Indra Dev Prasad son of Late Isvari Prasad in
favour of Smt. Shashi Prabha daughter of Haribansh Shukl, registered in the office
of sub Registrar, Gorakhpur in Book No. I volume 290 pages 137/178 document no.
17325 on 04.08.1990.
 True copy of Computerize Khatauni belonging the arazi No.-139Mi and Mauza
Rampur Tappa –& Pargana Haveli, Tahsil Sadar Distt. Gorakhpur in the favour of
Smt. Shashi Prabha daughter of Haribansh Shukl, for Fasli Year 1425-1430 .
 Extract of Computerize Khatauni belonging the arazi No.-139 Mi and Mauza Rampur
Tahsil Sadar Distt. Gorakhpur in the favour of Smt. Shashi Prabha daughter of
Haribansh Shukl for Fasli Year 1419-1424
 Photocopy of land use issued by GDA, Gorakhpur dated 25.04.2019.
 Photocopy of house map dated 20.06.2018.
 Original LOD issued by UCO Bank in favour of Smt. Shashi Prabha 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 UCO Bank Gorakhpur

Annexure-C
Post Disbursal
Critical Documents
 Original Sale deed executed by Indra Dev Prasad son of Late Isvari Prasad in favour of
Smt. Shashi Prabha daughter of Haribansh Shukl, registered in the office of sub
Registrar, Gorakhpur in Book No. I volume 290 pages 137/178 document no. 17325
on 04.08.1990.
 NOC given by UCO Bank Gorakhpur in favour of Smt. Shashi Prabha daughter
of Haribansh Shukl 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 Smt. Shashi Prabha daughter Sri Haribansh Shukl

residence of Mohalla Mohaddipur City Gorakhpur is the absolute owner of

said property. The said property i.e. Plot under arazi No. 139 Mi and area 8

dismal i.e. 324.29 sq.mt.. situated at Mauza Rampur, Tappa & Pargana Haveli,

Tahsil Sadar, Distt.-Gorakhpur is free from all sorts of encumbrances, lien,

charges, mortgages, etc. After payment of loan liability of UCO Bank Gorakhpur

and release the original title deed from UCO Bank Gorakhpur, Smt. Shashi

Prabha daughter Sri Haribansh Shukl 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