You are on page 1of 7

To,

The Branch Manager,


Bank of Maharashtra
Branch – Janwal Tq. Chakur Dist- Latur
Legal Opinion & search Report
1] The report on property : Murlidhar Girirao Patil.
owned by:
2] Name of Branch : Bank of Maharashtra Br. Janwal
Tq.Chakur Dist- Latur
3] Name of the Applicant : Murlidhar s/o Girirao Patil
R/O Janwal Tq.Chakur Dist. Latur
4] Description of Documents scrutinized.
Sr. Date of Details of registration of Place sub- Property Remarks
No execution of document/ conveyance regd. Office falls under
. documents Sub-register
1 17/03/2018 Copy of G.P.H. No. 379 ……………… …………….. Original
issued by G.P. Janwal
2 21/03/2018 Residence by Birth --------------- -------------- Original
certificate issued by
G.P.Janwal
3 19/03/2018 Gaothan Certificate ……………… -------------- Original
issued by G.P.Janwal
4 19/03/2018 Search Receipt No.1022 Chakur Chakur Original

5. 19/12/2017 G.P. Janwal …………….. …………….. Photocopy


Construction Permission
Letter.
5] Description of property / properties / Nature of title

Sr. Name of the Extent Sy/Gat/CST/ Is Nature of Location Boundaries


No owner / of area House No. property property
. mortgagor (in lease
acres / hold /
hec.) free
hold/
got
grant
etc.
1 Residential
2 Murlidhar E.W. 60 House Immovable Janwal East- House Of Digambar
Girirao Patil Feet No.379 Free hold West- Road
S.N.27 South- Small Road
Feet North – Door Of
Shivajirao
6] Trace of Title/History of passing of title, Details of antecedent title
deed.
That, the G.P.House No. 379 which is Orignal Owner and possessor by birth is applicant by name Murlidhar
S/o Girirao Patil R/o Janwal Ta. Chakur Dist. Latur. Birth Residence Certificate issued by Janwal Village officer
on Dated 21/03/2018 is submitted here with. Said House is mutated G..P. Janwal as a G..P. House No. 379.
applicant Murlidhar Girirao Patil is absolute owner and in possession by birth G.P. House No. 379 Adm. East-
West :60 feet and South-North : 27 feet at village Janwal Ta. Cakur Dist. Latur.

That the Ownership Cerificate issued by G.P Janwal Village officer in favour of Murlidhar Girirao Patil on dated
21/03/2018 on the besis of 1991/1992 available record and other previous and subsequent documents are the
valid and genuine documents as per search taken by me from Sub-Registrar office chakur on dated
19/03/2018 search Receipt no.1022 Applicant is owner and in possession of House bearing G.P. No. 379
situated at Janwal Tq. Chakur Dist.Latur since the date of By Birth. other previous and subsequent documents
are the valid and genuine documents as per search taken by me from Sub-Registrar office chakur on dated
19/03/2018 wide receipt no.1022

DETAILS INFORMATION ABOUT PROPERTY TO BE MORTGAGED

Details Remarks
1 Whether the documents of tile given
raise any doubts or suspicious No
2 Have the title deeds had been
compared with those at registrars office Yes
& particulars tally
3 Whether any of the property intended No
to be given by way of mortgage is
subject to any minor’s or any other
claims ? If yes, state whether requiste
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
enacetement / local laws. State
implications of such enctement on the
charge proposed to be created ?
5 Whether property to be mortgaged is N.A.
coming under any restrictions on
transfer and whether required
permission / consent as per terms of
grant / allotment etc. obtained
6 Whether provisions of urban ceiling Act N.A.
are applicable ? If applicable whether
permission obtained
7 Whether the user land has been The House have been situtated in Gaothan area
concerted under land revenue law ? hence no permission of N.A. is required.
Whether N.A. permission / charge of
user permission is obtained ?
8 Whether required documents are No.Simple Registered mortgage has to be executed.
available for creating valid equitable
mortgage ?
9 What is the tenure of land ? (in case of The Land Owner remains in Possession by birth.
Lease property) and whether necessary
consent permission of lessor obtained
1 Whether the land is adiwasi (Tribal) No
0 Land ?
1 Whether the land / property is joint No
1 family property ? If yes are other joint
owners ready to mortgage their share
or give consent for mortgage by
borrower
1 Whether any prohibitory order from N.A.
2 income tax / Wealth Tax or other
authorites ?
1 Is land / property subject to any N.A.
3 reservations / acquisitions / requisitions
?
1 Whether plans for constructions are Yes
4 sanctioned ?
1 Whether commencement certificate Yes
5 issued ?
1 Whether completion certificate No.
6 obtained ?
1 Whether there are any restriction from N.A.
7 corporation such as ‘education zone’
green zone etc ?
1 Is the land taken on lease from state N.A.
8 industrial Development corporation ? If
yes whether tripartite agreement
executed ?
1 Whether there are any prior No
9 encumbrances. If yes details thereof ?
2 Evidence of possession findings on That, the G.P.House No. 379 which is Orignal Owner
0 documents and revenue records, and possessor by birth is applicant by name
details of property tax, and revenue , Murlidhar S/o Girirao Patil R/o Janwal Ta. Chakur
Dist. Latur. Birth Residence Certificate issued by
society maintenance charges or any
Janwal Village officer on Dated 21/03/2018 is
other statutory dues paid upto date or submitted here with. Said House is mutated G..P.
payable. Janwal as a G..P. House No. 379. applicant Murlidhar
Girirao Patil is absolute owner and in possession by
birth G.P. House No. 379 Adm. East-West :60 feet
and South-North : 27 feet at village Janwal Ta. Cakur
Dist. Latur. other previous and subsequent
documents are the valid and genuine documents as
per search taken by me from Sub-Registrar office
chakur on dated 19/03/2018 wide receipt no.1022 .
2 In case of companies / societies / N.A.
1 association / trust whether
2 a] Memorandum / byelaws of the N.A.
2 company / society / association
authorize to offer its property (ies) as
security
b] Requisite resolutions have been duly N.A.
passed by the company / society /
association permitting mortgage of the
properties in favour of the bank
c] Such resolution sets out the names of N.A.
the persons who are authorized to
create charge over the properties.
d] Resolution U/s 293 (i) (a) and 296 (i) N.A.
(d) of companies Act passed
e] Details of the properties together N.A.
with the documents are mentioned
under such resolutions
f] In case of public limited companies , N.A.
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 N.A.
whether permission of charity
commissioner for borrowing and
mortgaging trust property is obtained
and conditions stipulated if any.
2 In case of devolution of property by a N.A.
2 will / succession
a] Whether probate of will succession N.A.
certificate / Letters of administration
obtained ? Details thereof
b] If probate / succession certificate / N.A.
letter of aministration not obtained ,
then how the mortgagor proposes to
prove the title
c] The safeguards suggested to ensure Simple registered Mortgage is to be created in favour of
title to the property offered as security. bank by the property Ownwer.
2 Whether title deeds perused are in yes
3 conformity with the search taken
2 Whether the chain of title is complete yes
4 without any missing links
2 Whether any other documents to be
5 obtained/compliances to be made so as to Yes. Mentioned below the Clause
create valid mortgage.
CERTIFICATE OF TITLE AND NO ENCUMBRANCE

I have examined the original title deeds relating to the property i.e. house bearing
G.P.House No. 379 adm. E.W 60 Feet S.N.27 Feet At Janwal Tq. Chakur Dist- Latur.
And offered as security by way of simple registered mortgage / equitable mortgage. I have
also taken search with the Sub-registar Chakur of Assurances & record of Rights for last
30 years i.e. from 1988 to 2018. The applicant has produced the search receipt for 30
years from 1988 to 2018 dated 19/03/2018 which is submitted herewith. I certified
that, Murlidhar s/o Girirao Patil At Janwal Tq.Chakur has as an absolute, clear and
marketable title over the properties shown above. I further certify that, the documents of
the title referred 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 : 20/11/2018

Place : Chakur

Signature & Seal Of advocate

Adv.Manoj D.Birajdar
(Nalegaonkar)
Main Road ,Nalegaon

You might also like