BHARAT BHUSHAN KATHAL Off-/res.-H.No.

-24 ,shree ram parisar ,

(LL.M.) Awadpuri
Advocate Bhopal (M.P.)-462011
Mob-9806653232
E-mail-bharatadvocate.kathal@gmail.com
Empanelled of Bank of Maharashtra,Bhopal

Date- 07/ 12/2021

To,
The chief Branch Manager
Bank of Maharashtra
Gautam Nagar Branch, Branch
Bhopal (M.P)

Legal opinion

Sub: - Title report on property owned by Mrs. Pushpa Tamrakar w/o Mr.
Rajendra Tamrakar, both R/o_17, M.P. Nagar, Zone_ 1, Bhopal.

Name of the Branch: - Bank of Maharastra, Branch Gautam Nagar Bhopal

M.P.

Name of the Owner/borrower - Mrs. Pushpa Tamrakar w/o Mr. Rajendra

Tamrakar, both R/o_17, M.P. Nagar, Zone_ 1, Bhopal.

1) Description of Documents scrutinized:-

Sr. Date Details of registration of Document / Place Property falls Remarks

No Execution of conveyance sub-reg under sub-
Document office registrar
1. 03.03.2012 A-1/Vol No.39349, Sr.No.1648/5 (Lease Bhopal Bhopal Original
Deed)
2. 03.07.1997 A-1, Vol. No.- 12658 Document serial No.- Bhopal Bhopal Original
1487
3. 05.07.1997 A-1, Vol. No. 12661 document serial No. Bhopal Bhopal Original
1508
4. 02.09.1978 A-1, Vol. No. 2068 document serial No. Bhopal Bhopal Original
2635
 2) Description of Property/properties/Nature of title

Sr Name of the Extent of Survey no/ Gut Is property Nature of Location Boundaries
. owner/ area(in No./CST No. / leasehold/ property
N borrower acres/hec) House no. freehold/
o. Govt.grant
etc.
1 Mrs. Pushpa 2160 One Plot no- Leasehold Residential Bhopal East- Road
Tamrakar 17, West- Plot no.-4
sq.Ft
w/o Mr. Maharanaprat
North- Plot no.- 18
Rajendra ap
Tamrakar & Nagar, Zone- South- Plot no.-16
Mr. 1,
Anand Tehsil Huzur,
Tamrakar Dist-Bhopal
S/o Mr.
Rajendra
Tamrakar,
both
R/0-17,M.P.
Nagar,

3) Trace of Title/ History of Passing of title. Details of antecedent title deeds

I have conducted necessary searches in the Sub-Registrar office at

Bhopal for the period of 10 years till date Subject to accuracy and
correctness of records as maintained in the office of the Sub-Registered
Bhopal.

That initially the said Property was owned and possessed by Government
Property

That thereafter the said Property Government Property and Government of

M.P in order to develop a major shopping complex centre a scheme allotted the
same in favor of the Bhopal Improvement Trust, Bhopal for develop a major
shopping complex centre scheme vide allotment order no-1255/995/995/VIII-65
dated 15.06.1965

That thereafter the said Property Bhopal Department Authority, Bhopal who
had the lease of the said Property for 10 years in favor of Mr. Shri Niwas
Dharmadhikari S/o Mr. Trimbakcam Dharmadhikari, Age-Adult, R/o-Bhopal
through a registered Lease deed Dated-02.09.1978 in Book No. A-1. Vol. No.
2068 document serial No. 2635

That thereafter the Death of Mr. Shri Niwas Dharmadhikari S/a Mr.
Trimbakam Dharmadhikari said Property inutited in the name of his legal heirs
his wife Mrs. Sunita Dharmadhikars & 3 Daughters Ku. Sangeeta
Dharmadhikari, Ku. Anita Dharmadhikari, Ku, Kavita Dharmadhikan all D/o
Late Mr. Shri Niwas Dharmadhikari and his son Mr.Shailesh Dharmadhikan S/o
Late Mr. Shri Niwas Dharmadhikari All R/o Bhopal

That thereafter Mrs Sunita Dharmadhikarı & [3) Daughters Ku Sangeeta

Dharmadhikari. Ko Attita Diarmadhikati, Ku. Kavita Dharmadhikari all D/o
Late Mr. Shri Niwas Dharmadhikari and his son Mr.Shaileth Dharmadhikari S/a
Late Mr. Shri Niwas DharmadhikartA!! R/o-Bhopal who had the sale of the said
Property in favor of Mr. Anand Tamrakar S/o Mr. Rajendra Tamrakar, both
R/o-17, M.P Nagar. Zone-1, Bhopal through through a registered sale deed,
which is registered and endorsed in the office of Sub-Registrar Bhopal dated on
05.07.1997 in Book No. A-1, Vol. No. 12661 document serial No. 1508.

That thereafter Mrs. Sunita Dharmadhikari & (3) Daughters Ku. Sangeeta
Dharmadhikari Ka Anita Dharmadhikari, Ku. Kavita Dharmadhikari all D/o
Late Mr. Shri Niwas Dharmadhikari and his son Mr.Shailesh Dharmadhikari
S/o Late Mr. Shri Niwas Dharmadhikart All R/o-Bhopal who had the sale of the
said Property in favor of Mrs. Pusha Tanırakar w/o Mr. Rajendra Tamrakar R/o-
17, M.P. Nagar, Zone -1. Bhopal through through a registered sale deed, which
is registered and endorsed in the office of Sub Registrar Bhopal dated on
03.07.1997 in Book No. A-1, Vol. No-12658 Document serial No.-1487.

The lease was expired on date-31.03.2008

That thereafter Bhopal Department Authority, Bhopal who had Renewal the
lease of the said Property for 30 years out in favor of Mrs. Pushpa Tamrakar
w/o Mr. Rajendra Tamrakar & Mr. Anand Tamrakar S/o Mr. Rajendra
Tamraitar, both R/o-17, M.P. Nagar, Zone -1. Bhopal through a registered
Renewal lease deed dated 20.11.2009, which is registered and endorsed in the
office of Sub Registrar Bhopal dated on 03.03.2012 in Book No. A 1, Val No.
39349 document serial No. 1648/5

The lease will be expired on date-31.03.2038

That initially the land of Khasra No- 56/57/1 Village-Nayapura. Patwari

Halka No 38, R.N. Mandal- 4, Vikas Khand Fanda, Tahsil Huzur Distt, Bhopal
M.P has been owned by Peris Grih Nirman Sahkari Samity Maryadit Bhopal (a
reg. housing development society bearing registration No. D.R.B. 507 dated 8-
12-1986) and after obtaining all necessary required permission and diversion of
said land that Peris Grih Nirman Sahkari Samity Maryadit Bhopal developed a
residential colony over that land of Khasia No. 56/57/1 Village-Nayapura,
Patwari Halka No. 38, R. N. Mandal- 4, Vikas Khand Panda ,Tahsil Huzur
Distt. Bhopal M.P. and after that Peris Grih Nimman Sahkari Samity Maryadi
Bhopal through President Smt Pratibha Singh W/o Shri B. Singh sold out that
Plot No. 9, 10, 11 a part of land of Khasra No.
2 56/57/1 plot area 5604 sq.ft. Village-Nayapura. Patwari Halka No. 38, R. N.
Mandal 4. Vikas Khand Funda. Tahsil Huzur Distt Bhopal M.P. to Shri Sajid
Qurashi Slo Shri Ibrahim Qurasi R/o House No. 3. Civil Line. Professor
Colony, Bhopal M. P. through reg. sale deed and that deed found reg. in the
office of Sub Registrar Bhopal vide Book No. 1-A. Vol. No. 19036 S. No. 2756
on 23-1-2003.
As per Registered document Sale deed dated 23-1-2003 follows Permission are
received –
1. Letter of office gram nivesh Bhopal that the land comes outside the
jurisdiction of Bhopal vikas yojna .
2. NOC of Bhopal Vikas Authority
3. NOC of Panchayat
4. Diversion order.
5. Layout Sanction Development and house Construction Assent
That thereafter Shri Sajid Qurashi Slo Shri Ibrahim Qurasi become lawful
owner of above property.
That thereafter aforesaid property Shri Sajid Qurashi Slo Shri Ibrahim Qurasi
take Loan and execute Mortgage Deed in the capacity of Mortgagor in favor of
Bank of Maharashtra Branch, Gautam Nagar , Bhopal , which is duly registered
 in the office of Sub register Bhopal vide Book No. 1-A. Vol. No. 106 S. No.
4115/3 on 24-12-2012.
That thus the chain of title is complete and passed from to person to person
and on verification of available Index -II, register in the records of the office of
Sub-registrar, Bhopal for the last 10 years, I say that Shri Sajid Qurashi Slo Shri
Ibrahim Qurasi have got clear marketable title over the said property.

That it is advised to the Bank to inspect the said immovable property for
physical verification before disbursing the said loan.
Detailed information about property to be mortgaged:
Details Remark of counsel
1. Whether the documents of title given raise any NO
doubts or suspicion
2. Have the title deeds has been compared with YES
those at registrar’s office & particulars tally.
3. Whether any of the property intended to be NO
given by way of mortgage is subject to any
minor’s or any other claims? If yes, state
whether requisite permission from the
concerned court has been obtained and
produced?
4. Whether the property proposed to be NO
mortgaged is subject to the provisions
contained under any special enactment /local
laws. State implications of such enactment on
the charge proposed to be created?
5. Whether property to be mortgaged is coming Aforesaid property is mortgage with
under any restrictions on transfer & whether Bank of Maharastra,Gautam Nagar
required permission/ consent as per terms of Branch ,thus noc/no dues
grant/allotment etc. obtained &mortgage release deed required.
6. Whether provisions of urban ceiling Act are NO, Urban land ceiling Act repeal
applicable? If applicable whether permission in M.P, so in my view no record
obtained. required for clearance.
7. Whether the user land has been converted YES
under land revenue law? Whether N.A.
Permission /change of user permission is
 obtained?
8 .Whether required documents are available for YES
creating valid equitable mortgage?
8. What is the tenure of land? (In case of Lease No
Property) and whether necessary consent
permission of lessor obtained.
9. Whether the land is adiwasi( Tribal) Land? NO
10.Whether the land /property is joint family
property? If yes are other joint owners ready NO,
to mortgage their share or give consent for
mortgage by borrower.
11.Whether any prohibitory order from Income Take an affidavit from applicant
Tax/ Wealth Tax or other authorities? regarding of subject
12.Is land/ property subject to any reservations/ NO
acquisitions/ requisitions?
13.Whether plans for constructions are Not present
sanctioned?
14.Whether Commencement certificate issued? Not present
15.Whether Completion certificate obtained? Not present,
16.Whether there are any restriction from NO
Corporation such as “education Zone”, “Green
Zone” Etc.?
17.Is the land taken on lease from State Industrial NA
Development Corporation? If yes whether
tripartite agreement executed?
18.Whether there are any prior encumbrances. If Yes , Property Mortgaged in favor
yes details thereof? of Bank of Maharashtra, Gautam
Nagar Branch , Bhopal
Evidence of possession --
Findings on documents and revenue records, Yes
details of property tax, land revenue, society
maintenance charges or any other statutory
dues paid upto date or payable.)
In case of companies /societies /association
/trust Whether
a) Memorandum/byelaws of the company NA
/society/association authorize to offer its
property (ies) as security.
b) Requisite resolutions have been duly NA
passed by the Company/Society/Association
permitting mortgage of the properties in
favour of the Bank.
c) Such resolution sets out the names of the NA
persons who are authorized to create charge
over the properties.
d) Resolution U/s. 293 (i) (a) and 293 (i) (d) NA
of Companies Act passed.
e) Details of the properties together with the NA
documents are mentioned under such
resolutions.
f) In case of Public Limited Companies, NA
certificate of commencement of business has
been obtained and affixation of common seal
is necessary in terms of articles of association.
g) In case of public charitable trust whether NA
permission of charity commissioner for
borrowing & mortgaging trust property is
obtained and conditions stipulated if any.
In case of devolution of property by a will/ N.A
succession,
A) Whether probate of will/ succession NA, Probate provision is not
certificate/Letters of Administration obtained? compulsory in M.P in reference of
Details thereof bill matter, in this case there is no
bill executed.
B) If probate/ succession certificate/ Letters of NA
Administration not obtained, then how the
mortgagor proposes to prove the title?
C) The safeguards suggested to ensure title to NO,
the property offered as security.
22) Whether title deeds perused are in Yes
conformity with the search taken
Whether the chain of title is complete without Yes
any missing links
Whether any other documents to be As per Annexure -I
obtained/compliances to be made so as to
create valid mortgage.

Certificate of title and No encumbrance

I have examined the original title deeds relating to the property

situated at Plot Nos. 9, 10, 11 part of land of Khasa No. 56/57/1 plot area
5604 sq.Ft. Village-Nayapura, Patwari Halka No. 38, R. N. Mandal- 4,
Vikas Khand -Funda, Tahsil Huzur ,Distt Bhopal M.P. owned by Shri Sajid
Qurashi Slo Shri Ibrahim Qurashi R/o House No. 3, Civil Line, Professor
Colony, Bhopal M.P Online Portal/Manual Record at Sub-Registrar Office
and offered as security by way of simple mortgage/Equitable Mortgage. I
have also taken search with the Sub-Registrar of Assurances & Record of
Rights for last 10 years (Original fee receipts enclosed). I certify that by
Shri Sajid Qurashi Slo Shri Ibrahim Qurashi has have an absolute, clear and
marketable title over the property shown above. I further certify that the
documents of title refereed to under the opinion are perfect evidence of
right, title and interest of the borrower / mortgagor and that if the said
simple mortgage/equitable mortgage by deposit of title deeds created in the
manner required by law, it will satisfy the requirements of creation of
simple mortgage/equitable mortgage.

Date:- 23/ 07 /2021 Signature & Seal of Advocate

Place: -BHOPAL
BHARAT BHUSHAN KATHAL
ADVOCATE

ENCL:-Receipt No. of sub registrar office dated 23 .07.2021 NO.-8/7011

 Annexure-1

In case of creation of Mortgage by Deposit of title deeds, we certify that

the deposit of following title deeds/documents would create a valid and
enforceable Mortgage.

S.no. Documents

1. Registered sale deed Shri Sajid Qurashi Slo Shri Ibrahim Original
Qurashi
2. Registered Mortgage deed dared 24.12.2012 Original

3.. Affidavit taken if any document reference. Original

4. Latest Property Tax Receipt Photocopy

 Signature of Advocate

ANNEXURE II

Summary Title Search report on properties owned by Shri Sajid Qurashi Slo
Shri Ibrahim Qurashi, Bhopal.

S Particulars Compliance
r.
N

1. Name of the Branch Gautam nagar Road Branch, Bhopal (M.P)

2. Name of the borrower Shri Sajid Qurashi Slo Shri Ibrahim Qurashi, Bhopal.

3. Name of the Advocate / Firm BHARAT BHUSHAN KATHAL

4. Searches made with Registrar -
of Conveyance ,Revenue
Records and
Municipality/Corporation
record and verified
5. Description of Property/ Residential
properties/Nature of Title
a) Name of the owner/ Mortgagor Shri Sajid Qurashi Slo Shri Ibrahim Qurashi, Bhopal.
as per title deed

b Extent of area (in Comprising of plot area 5604 sq.Ft.

acres/hectors/sq.mtrs/sqf)
c Survey no./House no.
Freehold residential Plot No. 9, 10, 11 part of land of
Khasa No. 56/57/1 plot area 5604 sq.Ft. Village-
Nayapura, Patwari Halka No. 38, R. N. Mandal- 4,
Vikas Khand -Funda, Tahsil Huzur ,Distt Bhopal M.P

d Boundaries East by- Land of another society

West by - Plot no.-C-8
North by- Road,
South by :- Open Land of PGN Society
e Type of Land Freehold

f Nature of Property Residential

g Location Urban

h Appears in Land Acquisitions / No

Requisitions
i Plans for constructions are Yes

j Taxes paid up to date Documents not present before me

k Trace of Title/ History of Traced up to owner /mortgager

Passing of title deed
l Encumbrance Status Yes, Property Mortgaged in favor of Bank of
Maharashtra, Gautam Nagar Branch , Bhopal

I have examined the original title deeds relating to the property

situated at and offered as security by way of Equitable Mortgage. I have
also taken search with the Sub-Registrar of Assurances & Record of
Rights for last 09 years from 1991-92 to till date (Original fee receipts
enclosed). I certify that Shri Sajid Qurashi Slo Shri Ibrahim Qurashi, Bhopal
has an absolute and marketable title over the property shown above .I
further certify that the documents of title referred to under the opinion
are perfect evidence of right, title and interest of the borrower /
mortgagor and that if the said equitable mortgage by deposit of title
deeds created in the manner required by law, it will satisfy the
requirements of creation of equitable mortgage.

Date: 23.07.2021
Place: Bhopal Signature & Seal of
Advocate