Sayak Chowdhury No Encumbrances Certificate Jayanti Para, Jalpaiguri

LL. B. Advocate. & Pin:- 735101

Detailed Report on Title Mobile: 98320-56032/
94755-64673

ANNEXURE-III

DEED – CROP LOAN

LEGAL SCUTINY REPORT

To,
The Branch Manager,
Amguri Branch

Dear Sir ,

With reference to your letter No. dated

I submit my legal Scrutiny Report as hereunder:

Name and address of the title holder Abubokkar Siddiki S/o Ajiuddin Md
Mortgagor/ title holder Resident at Paschim Baragila P.s. Maynaguri Dist:- Jalpaiguri

2. Details/ description of the documents Scrutinized:

Sr. No. Date of Document Name of Document Whether
Original/Certified/True
Copy /Photostat
1. Khatian No.76
2. Searching online
3. Affidavit ORIGINAL/ XEROX
4.
3. Details / Description of the Property / ies
Item Survey N/Khata No/House No/Site No. Extent /Areas Location sub- Boundary
No. of Dist. /
land/building village
/Municipality
Khatian No.76 Area of the total Mouza
agricultural land Paschim
Plot No.2427,2423,2396,2391. 2.04 acre Baragila
P.s.
JL No –45
Maynaguri
Dist:-
Jalpaiguri
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POINTS OF INVESTIGATION COMENT OF
The Advocate

4. Brief history of the Property and how the

Owner / mortgage has derived the title

5. Searching And Investigation I have checked all the

documents to the said property
in the registry office.
5.1 The person /s , Who is / are the Present owner /s of the property / Abubokkar Siddiki S/o
ies Ajiuddin Md

5.2 Whether the party has absolute , Clear and marketable title
Over the Property / ies proposed to be mortgaged and can Yes, property can be made
crate To valid mortgage on the property /ies valid mortgage

5.3) A) What is nature of title of the owner i.e. Tenancy right , full
ownership , occupancy right ,Possessor right , minor’s right or The concern person this liable
any type of Right to have full ownership of
property
B) Leasehold immovable property / ies ( where the Land I The schedule property is not
building is / are leasehold verify the terms 0f the lease (S) , the Leasehold property.
name and address (es) of the Lessor (s) / company authority is
required for transfer( such as mortgage , sale etc) of the
property / ies
5.4 Whether there is any restriction / prohibition under personal
Laws of owner/ mortgagor to hold the property / ies under No
The title deed/ s through which he has derived the title.
5.5 Whether the building tax / land revenue has been paid , up to Yes all the taxes and dues have
Date been duly paid as schedule
date
5.6 Whether the latest title deed/ s and the immediately previous title Yes
Deed/ s are available in original.
5.7. Whether any dues recoverable as land revenue are outstanding No
5.8 In case the facility is sought for Construction purpose : The Schedule Land is a
Whether the land has been converted under the Land Revenue Recorded as agricultural Land
Laws ? If not to be converted , give reason
5.9 Whether the land is affected by any revenue and Tenancy No
legislation ? If So, how and to what extend and The remedy , if any

5.10 Whether the permission under urban Land Acquisition No

Act , 1976 is necessary or Not ?
5.11 . Is there any other special enactment like land acquisition
and other state Legislation / Provision of which are
applicable to the property / ice and affecting title? No

This free from any

5.12 a) Is / are the property / ice free from encumbrances? encumbrances as the owner
. can excise his right over the
property

b) Please give detailed account of the certain of Charges/ There is no subsisting

mortgages or redemptions for the minimum period of 13 Charge of the
years and also State the subsisting charges / mortgage if Schedule Property
any, mentioned in the Encumbrance certificate for the
13 years, in case of priority sector Advances and for the
last 30 years in all other case.

5.13 whether the proposed equitable mortgage by deposit of title Khatian

Deeds is possible? If so, what are the document to the deposit?
If the deposit is not possible, Can there be a simple mortgage or
By a registered mortgage or by any other mode of mortgage? .

5.14 whether the property /ies is /are freehold or sell occupied or it is Self Occupied
Tenanted? If tenanted, whether the property /ies Can be taken property of the owner.
As mortgage and what precaution need to taken?

If owner of a Company, partnership farm, Trust, Temple, walf

5.15 or other legal person, how the title is affected by its
Memorandum and Article of the Association, Partnership deed, N. A
Trust deed or rules or bylaws and what are Precaution to be
taken under rules or bylaws and also how to create mortgage
is affected by Hindu religious and endowment Laws/ wakf
deed or wakf Act, as the case may be.
5.16 If property to be mortgage is / are flat / apartment in residential
/ Commercial Complex, how far independent title is ensured
and how the enjoyment of the common areas and facilities
are ensure to the Flat owner (Mortgage) , What are title agricultural .
available for the creating mortgage? Specify document /
records to be taken from builder/ owners and their Bankers.
5.17 Flat owned or Controlled by Societies: Special requirement
to be taken if society refuse to note Bank ‘s line/ interest N. A
5.18 Please state the name of the person Who should join in the
creation of mortgage of the property /ies eit Abubokkar Siddiki S/o Ajiuddin Md
of the title deed by registered mortgage .
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8. INVESTIGATION IN REGARD OF AGRICULTURAL LAND
a) Whether land is surplus . If so give specific details.
b) whether the Land is under self – cultivation A) No
c) If land is Owned in different Khatas or under join share , B) yes
give Specific share in each Khata. C) No
d) If consolidation of holding / acquisition proceeding etc.
are in progress in the area ? Whether the transfer of the D) No
land is possible under the state enactment .
e) Whether any prior / hidden Charges exist against the land.
Non – encumbrance should be for a period of 13 years
Preceding the date of this no encumbrances Certificate . E) No
f) Whether mutation has bee completed in case of existing
charges/pending Charges F) N o

g)Inspection of the land on the sport in the regard to the G) yes

quality of the land ( such as irrigated / unirrigated / water )
in order to enable the bank to determine its value.
h) Whether any Government loan / taccavis / Co-op loan H) No
etc have been raised against the land and if So, details
about the Charges / encumbrances may be specified.
CERTIFICATE
I have scrutinized the original title of the deed intended to be deposited relating to the property / ies to be offered as security
by way of equitable mortgage / registered mortgage etc and that the documents of the title refer ed to above are perfect
evidence of the title and if the said document are deposited and equable mortgage / register mortgage etc. is created in the
manner required by law, it will satisfy the requirement of creation of equable mortgage / register mortgage etc. And
further Certify that.
a) There are prior mortgage / charges whatever as could be seen from the encumbrances
certificate for the period from 2008 to 2021 pertaining to the immovable property /ies covered by the above said title
deeds.
b) There are prior mortgage / charges to the extent of __________________Which are liable
to be cleared or satisfied by the complying with the following
i)
ii)
c) There are claim from minors / s and his / their in the property / ies is / are to the extent of
______________________( Specify the share of minor with name )
d) The undivided share of Minor /s is ___nil ___( Specify the share of theminor )
e) The property /ies is /are subject to the payment of Rs ___________________( Specify liability
that is fastened or could be fastened on the property .
f) Provision of Urban Land (Ceiling & Regulation) Act 1976 are not applicable. If it is applicable permission obtains.
g) Holding / acquisition is in accordance with the provision of the Land reform Act.
h) The Mortgage if created will be perfect and available to the bank for the liability of the in
tending borrower Abubokkar Siddiki S/o Ajiuddin Md
I certify that Abubokkar Siddiki S/o Ajiuddin Md
have a valid, clear, And marketable title to the property/ ies showed above.

Place: Jalpaiguri Signature of advocate

Date: 14/08/2021