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MANAV BANSAL BANSAL BHAWAN

Advocate MALOUT-152107
LEGAL ADVISER Ph. 01637-262669
PUBLIC / PVT. SECTOR BANKS Mob: 98140-67567

Ref. No. ………………………… Dated:- 09-04-2021

ANNEXURE- I
The Branch Manager,

Punjab & Sind Bank,

BO:- Tarn Taran.

Dear Sir,

With reference to your letter No…………… dated……………, I submit my scrutiny report as hereunder:-

1. a) Name & Address of Borrower/ Mortgagor/ Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o Malout,
Title holder:
Tehsil Malout.
…..Borrower/Mortgagor.
b) Status of mortgagor in the A/c Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o Malout,
(Whether Sole proprietor, Partner,
Tehsil Malout.
Director, Karta, Trustee, Agent or
Guarantor or Co-Borrower): …..Borrower/Mortgagor.
2. a) Name of the Unit / Concern / Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o Malout,
Company / Person offering the
Tehsil Malout.
Property / (ies) as security:
…..Borrower/Mortgagor.
b) Constitution of the unit / concern / Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o Malout,
person / body / authority offering the
Tehsil Malout.
property for creation of charge:
…..Borrower/Mortgagor.
c) State as to under what capacity security is As Borrower / As Guarantor
offered (whether as joint applicant or
borrower or as guarantor, etc.):

3. Details / Description of the title Deeds/documents scrutinized (including Link Deeds/Parent deeds),
House Tax Receipts, Utility bills, other relevant documents to be deposited for creation of the mortgage
(with full particulars regarding nature of documents, date of execution and details of registration):-

Sl. Document Name of office of Description of Name of the Name of Original/ Certified
No No. & Date Registrar where document executant Benficiary in copy
regisrerd executed by whose favour
whom and in the document
whose favour is executed
of issued by
which office
1 Sale Deed No. Sub Registrar, Sale Deed No. Smt. Veerpal Smt. Priya W/o Original
3105 Dated Malout 3105 Dated 15- Kaur W/o Sh. Sh. Pawan
15-11-2011 11-2011 Paramjit Kumar R/o
Singh R/o Malout
Malout
2 Sale Deed No. Sub Registrar, Sale Deed No. Smt. Priya Smt. Anita W/o Original
979 Dated 30- Malout 979 Dated 30- W/o Sh. Sh. Kuldeep
05-2013 05-2013 Pawan Kumar Sharma
Kumar R/o R/o Malout
Malout
3 Sale Deed No. Sub Registrar, Sale Deed No. Smt. Veerpal Smt. Rajni W/o Original
3106 Dated Malout 3106 Dated 15- Kaur W/o Sh. Sh. Jagsir
15-11-2011 11-2011 Paramjit Kumar R/o
Singh R/o Malout
Malout
4 Sale Deed No. Sub Registrar, Sale Deed No. Smt. RajniSmt. Veerpal Original
978 Dated 30- Malout 978 Dated 30- W/o Sh. Kaur W/o Sh.
05-2013 05-2013 Jagsir Kumar Kuldeep Singh
R/o Malout R/o Lohara,
Tehsil Malout
5 Sale Deed No. Sub Registrar, Sale Deed No. Smt. Anita Sh. Shubham Original
1949 Dated Malout 1949 Dated 17- W/o Sh. Kumar S/o Sh.
17-11-2020 11-2020 Kuldeep Vinod Kumar
Kumar R/o R/o Malout
Malout and
Smt. Veerpal
Kaur W/o Sh.
Kuldeep
Singh R/o
Lohara,
Tehsil Malout
6 23-02-2021 Non Non Original
Encumbrance Encumbracne
Certificate Certificate
issued by Sub
Regsitrar,
Malout for the
period of 05-04-
2007 to 22-02-
2021
7 23-02-2021 Receipts Receipts (2) Original
issued by Sewa
Kendra, Malout
8 Certified copy Issued by Sewa Certified
of deed No. Kendra Malout Copies of
80 Dated 08- Deeds
06-2011 1708
Dt. 17-07-
2007, 642
Dated 13-05-
2008, 642
Dated 13-05-
2008

Special Remarks :-
I have perused the original sale deed bearing No. 3105 Dated 15-11-2011 registered from the office of
S.R., Malout, original sale deed bearing No. 979 Dated 30-05-2013 registered from the office of S.R.,
Malout, original sale deed bearing No. 3106 Dated 15-11-2011 registered from the office of S.R., Malout,
original sale deed bearing No. 978 Dated 30-05-2013 registered from the office of S.R., Malout, original
sale deed No. 1949 Dated 17-11-2020 registered from the office of S.R., Malout and the same are genuine
and correct as per record.

That I have perused the certified copies of sale deed bearing No. 80 Dated 08-06-2011 registered from
the office of S.R., Malout, certified copy of sale deed bearing No. 1708 Dated 17-07-2007 registered from
the office of S.R., Malout and certified copy of sale deed bearing No. 642 Dated 13-05-2008 and the same
are genuine and correct as per record.
That it is worth while to mention here that these three original sale deeds have been lost and not
traceable. Hence borrower have lodged one DDR No. 035 Dated 01-01-2021 at P.S. Sadar Tarn Tarn
Taran. I have also perused the said D.D.R. No. 035 Dated 01-01-2021 and the same is genuine and
correct. Even publication was also done in the news paper in this regard.
That only 13 years records is available at Sub Registrar, Office, Malout which is enclosed. The interest
of the bank is safe.

4. Details/description of property / properties:

Sl. No Document No. & Date Survey No./ Extent/ Areas of Location/ Sub Boundary
Khata No./ Land District/ Distt/
House No./ Village/
Site No. Municipality
1 Sale Deed No. 1949 Area Area measuring Situated at AS PER Transfer
Dated 17-11-2020 measuring 25’x65’ = 06 Marle Street No. 15, Deed :-
25’x65’ = 06 6/31 Share of area Sarabha Bounded as
Marle 6/31 01 Kanals 11 Nagar, Malout North : Ramesh
Share of area Marle Khata No. within the Verma
01 Kanals 11 1106/2728, Municipal East : Baljit Singh
Marle Khata Khasra No. Limits of West : Street
No. 1106/2728, 133/1/32 (0-6), Malout South : Darshan Singh
Khasra No. 133/1/33 (0-6),
133/1/32 (0-6), 133/1/34 (0-6),
133/1/33 (0-6), 133/1/43 (0-6)
133/1/34 (0-6), 133/1/44 (0-7)
133/1/43 (0-6) area of Sheikhu,
133/1/44 (0-7) Tehsil Malout
area of owned by Sh.
Sheikhu, Tehsil Shubham Kumar
Malout vide sale deed No.
2020/21/52/1/1949
Dated 17-11-2020
vide copy of
Jamabandi for the
year of 2014-15

5. Brief History of the property and how the owner/mortgagor has derived title?

As per Record for the last 13/30 years, it is found:-

1. That previously this property along with some other property was owned by Sh. Baldev Singh S/o Sh.
Sarwan Singh, Copies of Jamabandies for the year of 1983-84, 1988-89, 1994-95, 1999-2000 are enclosed
herewith.
2. That aforesaid Sh. Baldev Singh S/o Sh. Sarwan Singh sold the area measuring 01 Kanals 17 Marla to
Smt. Surinder Dhawan @ Smt. Gurinder Dhawan ¾ Share & Smt. Pushpa Rani W/o Sh. Roshan Lal ¼
Share. Mutation to this effect has been sanctioned at Sr. No. 13572.
3. That afore said Smt. Surinder Dhawan @ Smt. Gurinder Dhawan W/o Sh. Surinder Dhawan through her
G.P.A. holder Sh. Avtar Krishan S/o Sh. Kundan Lal R/o Malout sold the area measuring 06 Marla 6/31 of
01 Kanals 11 Marka under Khasra No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6),
133/1/44 (0-7) area of Sheikhu to Sh. Rajinder Kumar S/o Sh. Mohan Lal R/o Malout vide sale deed No.
1708 Dated 17-07-2007. Mutation to this effect has been sanctioned at Sr. No. 14919.
4. That afore said Rajinder Kumar S/o Sh. Mohan Lal R/o Malout sold the area measuring 06 Marla 6/31 of 01
Kanals 11 Marka under Khasra No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44
(0-7) area of Sheikhu to Smt. Veerpal Kaur W/o Sh. Paramjit Singh R/o Malout vide sale deed No. 642
Dated 13-05-2008. Mutation to this effect has been sanctioned at Sr. No. 15545.
5. That afore said Smt. Veerpal Kaur W/o Sh. Paramjit Singh R/o Malout through her G.P.A. holder Sh.
Kulwinder Singh S/o Sh. Buta Singh R/o Malout sold the area measuring 03 Marla 3/31 of 01 Kanals 11
Marka under Khasra No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44 (0-7) area
of Sheikhu to Smt. Priya W/o Sh. Pawan Kumar R/o Malout vide sale deed No. 3105 Dated 15-11-2011.
Mutation of sale to this effect has been sanctioned at Sr. No. 17888.
6. That afore said Smt. Priya W/o Sh. Pawan Kumar R/o Malout through her S.P.A. holder Sh. Sunil Kumar
S/o Sh. Paras Ram R/o Malout sold the area measuring 03 Marla 3/31 of 01 Kanals 11 Marka under Khasra
No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44 (0-7) area of Sheikhu to Smt.
Anita W/o Sh. Kuldeep Kumar Sharma R/o Malout vide sale deed No. 979 Dated 30-05-2013. Mutation to
this effect has been sanctioned at Sr. No. 18966.
7. That afore said Smt. Veerpal Kaur W/o Sh. Paramjit Singh R/o Malout through her S.P.A. holder Sh.
Kulwinder Singh S/o SH. Buta Singh R/o Malout sold the area measuring 03 Marla 3/31 of 01 Kanals 11
Marka under Khasra No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44 (0-7) area
of Sheikhu to Smt. Anita W/o Sh. Kuldeep Kumar Sharma R/o Malout vide sale deed No. 3106 Dated 15-
11-2011. Mutation to this effect has been sanctioned at Sr. No. 17889.
8. That afore said Smt. Rajni W/o Sh. Jagsir Kumar R/o Malout through her S.P.A. holder Sh. Sunil Kumar S/o
Sh. Paras Ram R/o Malout sold the area measuring 03 Marla 3/31 of 01 Kanals 11 Marka under Khasra
No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44 (0-7) area of Sheikhu to Smt.
Veerpal Kaur W/o Sh. Kuldeep Singh R/o Malout vide sale deed No. 978 Dated 30-05-2013. Mutation to
this effect has been sanctioned at Sr. No. 18968.
9. That afore said Smt. Anita W/o Sh. Kuldeep Kumar S/o Sh. Meta Ram R/o Malout, Tehsil Malout & Smt.
Veerpal Kaur W/o Sh. Kuldeep Singh S/o Sh. Kulwant Singh R/o Village Lohara, Tehsil Malout sold the
Area measuring 25’x65’ = 06 Marle 6/31 Share of area 01 Kanals 11 Marle Khata No. 1106/2728, Khasra
No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6), 133/1/44 (0-7) area of Sheikhu, Tehsil
Malout to Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o Malout, Tehsil Malout vide sale deed No. 1949
Dated 17-11-2020. Mutation to this effect has been sanctioned at Sr. No. 23616.
10. That vide copy of Jamabandi for the year of 2014-2015 Sh. Shubham Kumar S/o Sh. Vinod Kumar R/o
Malout, Tehsil Malout became owner of area measuring 25’x65’ = 06 Marle 6/31 Share of area 01 Kanals
11 Marle Khata No. 1106/2728, Khasra No. 133/1/32 (0-6), 133/1/33 (0-6), 133/1/34 (0-6), 133/1/43 (0-6),
133/1/44 (0-7) area of Sheikhu, Tehsil Malout situated at St. No. 15, Sarabha Nagar, Malout within the
Municipal Limits, Malout. Copies of Jamabandies for the year of 1983-84, 1988-89, 1994-95, 1999-2000,
2004-2005, 2009-2010 & 2014-2015 are enclosed herewith.
AS SUCH THE CHAIN OF TITLE IS COMPLETE IN ALL RESPECTS.
6 Whether the mortgagor has clear title and capacity to Yes
contract for creation of mortgage (Not a minor, Lunatic or
undischarged insolvent, etc):
7 What is the nature of title of the owner (Whether lease hold, Free Hold
or free hold, or co-owner, or joint-owner or possessory right,
or minor’s right or any other type of right? Clarify:-
8 Whether the property is freehold or Leasehold. If Leasehold Free Hold
then period of Lease and whether permission of the Lessor
is obtained to mortgage the property and if Freehold
whether Urban Land Ceiling Act applies and Permissions to
be obtained:-

9 How mortgagor’s right or title in the Property is derived Self Acquired


(whether self acquired, ancestral/inheritance or by
succession or otherwise). If Ancestral then mode of
Succession and whether Original Will/Probate is available
and the Legal compliance to be done to create charge by
bank over the property:-
10 Whether the Mortgagor is Co-owner/ Joint Owner and or Abolsute owner
any partition of the property is made between the members
of the family through Family Deed. If Yes, whether Original
Registered Partition Deed is available or it is only a family
settlement. And the necessary Legal Compliance to be
done to create charge over the property:-
11 Whether Mortgagor is in exclusive possession of property Yes.
proposed to be mortgaged:-
12 Tracing of title & Chain of title in favour of proposed Yes.
mortgagor (here set out chain of title in detail & chronology
starting from earliest document available. The Nature of
document/Deed conveying the title should be mentioned
along with the type of right it creates) together with names
and descriptions of Parties to documents:-
13 Whether title is clear and property is free from any Yes. The property is free from all
encumbrance (enclose relevant receipts of search):-
encumbrances. The non encumbrances
certificate for the period from 05-04-2007
to 22-02-2021 issued by Registrar, Malout
have been obtained.
14 No of years (13/30 years normally) for which search made in 05-04-2007 to 22-02-2021 from Sub
Sub registrar’s/Registrar’s Office:-
Registrar, Malout. That only 13 years
records is available at Sub Registrar,
Office, Malout which is enclosed. The
interest of the bank is safe.
15 Whether name of borrower/Title Holder is mutated in The property falls within the municipal
municipal records:
limits of Malout, Tehsil Malout.
16 Whether name of borrower/Title Holder is shown in Yes
Revenue/Land records:-
17 Whether title to properties is clear, unambiguous marketable Yes.
& property is saleable:-
18 Whether there is any Bar/restriction for creation of equitable No bar/restriction to create equitable
mortgage under any Act, State Law or Rule/notification (like mortgage.
Ceiling Act, Land Acquisition Act, State Cooperative
Societies Act, Societies Registration Act or Apartment/Flat
Ownership Act or Income Tax Act):-
19 Whether any permission/consent/ no objection is required & No
if so, it is obtained (State the letter no. and the Authority/
Statutory Body/Court concerned):-
20 Additional documents required/formalities to be completed N.A.
by the proposed mortgagor (State specially in case of
flats/properties in cooperative societies whether allotment
letter, possession letter, share certificate, affidavit, power of
attorney, etc is required):-
21 List out the title Deeds to be deposited to create mortgage by Sale Deed No. 3105 Dated 15-11-2011
Deposit of Title Deeds in favour of Bank by above said Sale Deed No. 979 Dated 30-05-2013
mortgagor. Sale Deed No. 3106 Dated 15-11-2011
Sale Deed No. 978 Dated 30-05-2013
Sale Deed No. 1949 Dated 17-11-2020
22 Whether all original title deed are available and scrutinized:- Yes

Sale Deed No. 3105 Dated 15-11-2011


Sale Deed No. 979 Dated 30-05-2013
Sale Deed No. 3106 Dated 15-11-2011
Sale Deed No. 978 Dated 30-05-2013
Sale Deed No. 1949 Dated 17-11-2020

23 Whether Deeds are duly executed/stamped and registered:- Yes. The said deed is duly executed /
stamped as required. The same is
registered with the office of Sub-Registrar
Malout.
24 Whether the property is freehold or lease hold or self- Free hold.
occupied or tenanted? If tenanted, whether the property can
be taken as mortgage and what precautions to be taken:-
25 If owner is Company, Partnership firm, Trust, temple, Wakf N.A.
or other legal person, how title is affected by its
Memorandum and Articles of Association, Partnership deed
or Rules of bye laws and what are the precautions to be
taken under rules or bye-laws:-
26 If property to be mortgaged is a flat /apartment, in residential N.A
or commercial complex, how far, independent title is ensured
and how the enjoyment of common areas and facilities are
ensured to the flat-owner (mortgagor), what are the
documents / records to be taken from builders/owners/their
bankers:-
27 Whether the Land is Agricultural Land? (If yes, give details No. The property is Residential.
as per Annexure I-A):-
28 Whether any POA is involved in the chain of title? (If yes, NO
give details as per Annexure I-B):-
29 If the property has been transferred by way of No
Gift/Settlement Deed? (If yes, give details as per Annexure
I-C):-
30 Whether there is partition/family settlement deeds? (In case No
of partition/family settlement deeds, please give details as
per Annexure I-D):-
31 a) In case of partnership firm, whether the property belongs No
to the firm and the deed
is properly registered:-
b) If property belongs to partners, whether legal compliance No
to mortgage the same have been completed as per
applicable laws:-

c) Whether the person(s) creating mortgage has/have N.A.


authority to create mortgage for
and on behalf of the firm?
32 a) Whether the property is involved in or subject matter of No. As per revenue record, the property is
any litigation which is pending or concluded? not subject matter of any litigation.
b) If so, whether such litigation would adversely affect the N.A.
creation of a valid mortgage or have any implication of its
future enforcement?
c) Whether the title documents have any court seal/ marking NO
which points out any Litigation/attachment/ security to court
in respect of the property in question? In such case please
comment on such seal/marking:-
33 Whether the title documents include any testamentary NO
documents/wills?
(IF yes, give details as per Annexure I-E):-
34 Whether the property belongs to any trust or is subject to NO
the rights of any trust? (If yes, give details as per Annexure
I-F):-
35 Whether the Real Estate Project comes under Real Estate N.A.
(Regulation and Development) Act, 2016? (If yes, give
details as per Annexure I-G):-

36 Whether the property belongs to church/temple or any NO


religious/other institutions/ subject to any waqf right having
any restriction in creation of charges on such properties?
Precautions/permissions, if any in respect of the above
cases for creation of mortgage?
37 If the property is a flat/ apartment or residential /commercial NO
complex, (if yes, please check and comment as per
Annexure I-H):-
38 Whether the Bank will be able to enforce SARFAESI Act, if Yes. The SARFAESI ACT can be enforced
required, against the property offered as Security? on the property in question.
39 Whether the particulars of registration as given in the title Yes.
deed shown to the counsel tally with the particulars as stated
in the records of the Registrar’s Office?
40 Whether there are any restrictions regarding sale of the There is no restrictions.
property to be mortgages? (In some States, there are
restrictions for sale of property to residents outside the
State).
41 Additional suggestions, if any to safeguard the interest of Before disbursement of loan, the
Bank/ensuring the perfection of security:-
lien/charge of the bank should be
entered in the revenue record.

Dated: 09-04-2021 Manav Bansal


Place: Malout Advocate

Mob: 9814067567
CERTIFICATE

I have physically checked, examined and scrutinized the original documents of the title deeds Sale Deed No.
2018-19/52/1/2132 Dated 25-02-2019 as well as the chain of title of property in favour of the
Borrower(s)/builder/allottee(s) intended to be deposited relating to the schedule property/(ies) and offered as
security by way of Equitable Mortgage and that the documents of title referred to in the opinion above are
valid evidence of Right, Title and Interest in favour of Borrower(s)/builder/allottee(s) and that if said
documents are deposited and Equitable mortgage is created in the manner required by law, it will satisfy the
requirements of creation of Registered/Equitable mortgage and I further certify that:-

1. There are no prior mortgage/charge/ encumbrances whatsoever as could be seen from the encumbrance
certificate for the period from 05-04-2006 to 13-09-2020 pertaining to the immovable property/ies covered
by the above said title deeds. The property is free from all encumbrances.

2. I confirm having made a search in the Land/Revenue records. I further confirm having verified and checked
the title deeds submitted for legal scrutiny with the records of Sub-Registrar Malout and I hereby opine
that to the best of my knowledge, the title deed/s submitted for verification are genuine. I do not find
anything adverse which would prevent the Title Holders from creating a valid mortgage.

3. Following scrutiny of Land Records/Revenue records, relative title deeds, certified copies of such title deeds
obtained from concerned registrar office and encumbrance certificate (EC), I hereby certify the
genuineness of the Title Deeds. Suspicious/Doubts, if any, has been clarified by making necessary
inquiries.

4. Minor/(s) and his/her/their interest in the property/(ies) is to the extent of NIL


(Specifiy the share of the minor with name). (Strike out if not applicable).

5. In case of second/subsequent charges in favour of the Bank, there are no other mortgages/charges other
than already stated in the Loan documents and agreed to by the Mortgagor and the Bank (Delete,
whichever is inapplicable).

The mortgage, if created, will be perfect and available to the bank for the liability of intending borrower (s), Smt.
Rani Bai w/o Sh. Lachman Dass 2/3 share, Smt. Paramjit Kaur w/o Sh. Ajay Kumar 1/3 share , r/o
Rathrian, Tehsil Malout, Distt. Sri Muktsar Sahib.

1. I certify that Smt. Rani Bai w/o Sh. Lachman Dass 2/3 share, Smt. Paramjit Kaur w/o Sh. Ajay Kumar
1/3 share, r/o Rathrian, Tehsil Malout, Distt. Sri Muktsar Sahib has/ have an absolute, clear and
marketable title over the scheduled property/(ies). I further certify that the title deeds are genuine and a
valid mortgage can be created and the said mortgage would be enforceable.

8. That the mortgage deeds/documents should be signed by the following persons(s) to create valid
mortgage/ equitable mortgage.

a. Original Sale Deed No. 2018-19/52/1/2132 Dated 25-02-2019 ……Belongs to present owner.
9. In case of creation of Mortgage by Deposit of title Deeds, I/we certify that the deposit of following title
deeds/ documents would create a valid and enforceable mortgage/Equitable mortgage.

a. Original Sale Deed No. 2018-19/52/1/2132 Dated 25-02-2019 ……Belongs to present owner.

10. There are no legal impediments for creation of the Mortgage under any applicable Law/ Rules in force.

11. It is certified that the property is SARFAESI Compliant.

SCHEDULE OF THE PROPERTY/ (IES) IS/ARE AS UNDER:

Immovable property Area measuring 27’ x 130’ = 13 Marle 13/271 share of 13 Kanals 11 Marla under Khata No.
834/1385, Khasra No. 373/1/3 (13-11) owned by Smt. Rani Bai 2/3 share, Smt. Paramjit Kaur 1/3 share, area of
Danawala, Tehsil Malout, Situated at Near Parshotam Arrawala, G.T.Road Malout, Tehsil Malout within the
municipal limits of Malout bounded as West : Road, East : Parshotam Arrawala, North : Arrawala, South :
Parshotam Arrawala vide Sale Deed No. 2018-19/52/1/2132 Dated 25-02-2019 & vide Mutation No. 18705 &
copy of Jamabandi for the year of 2015-2016.

I/We, shall be liable/responsible, if any loss is caused to the bank due to negligence on my/our part in making
the search and the bank has unqualified right to publish my name for including in the caution list being
maintained by the INDIAN BANKS’ ASOOCIATION OR RESERVE BANK OF INDIA OR ANY OTHER SUCH
BODY for circulation amongst Banks/ Financial Institutions.

Dated: 09-04-2021 Manav Bansal


Place: Malout Advocate

Mob: 9814067567

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