0% found this document useful (0 votes)
197 views25 pages

Title Report Compressed

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
197 views25 pages

Title Report Compressed

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

"Prajakta", Bunglow,

N. N. MHATRE Ashtavinayak Society, Chinchpada,


B.A. LL.B.
Pen Raigad-402107.
ADVOCATE DVO
P h . :(02143) 252133
Reg. No. MAH 326/92 E-mail: adv.n.n.mhatre@gmail.com

To.
The Branch Manager
State Bank of
India,
Branch Thal-Vaishet
Tal. Alibag, Raigad

Subject- Search & Title report


Ker The Legal opinion of the house property
bearing Row House no.
admeasuring ground + first floor total built up area 794 sq.ft. whichE/ois
Situated in the Building namely "Smita Co. Opp. Hsg. Soc." which 1s
Situated and lying in the landed property bearing Survey no. 91/2B, Plot no.
4,5 &6 which are situated at
Chendhare Tal. Dist.Alibag, Raigad,
TITLE REPORT- ANNEXURE
-B
I. a) Name of the Branch/Business State Bank of India, Branch Thal
Unit/Office seeking opinion. Vaishet Tal. Alibag
b) Reference No. and date of the letter
under the Referred by Br. Manager
cover of which the documents
tendered for security are
c) Name of the borrower.
forwarded.
Shri. Pradeep Janardan Kadam.

2 a) Name of the Shri. Pradeep Janardan Kadam.


Unit/Concern/Company/ person
offering the property/(ies) as security
b) constitution of the unit/concern/ | Individual
person/body/authority offering the
property for creation of charge.
c) state as to under what capacity is Borrower.
security offered (whether as joint
applicant or borrower or as guarantor,
etc.)
3 Complete or full description of the | Row House no. E/6 admeasuring
immovable property/(ies) offered as ground + first floor total built up area
security including the following details. 794 sq.ft. which is situated, in the
Building namely "Smita Co. Opp. Hsg.
Soc." which is constructed in the
landed property bearing Survey no.
91/2B, plot no. 4,5 & 6.
a) Survey no. Survey no. 91/2B, Plot no. 4,5 & 6

A AUVOCA.
Page 1 of 24
no. (in case ot | Row House no, F
b) Door/house
houseproperty)
c)Extent/area including plinth Admeasuring ground +first floor
Carpet area in case of house built area 794
up sq.t. tota
property
d) Location like nanme of theplace, | Asper the Agreement for sale
sub- | registration
village, city, registration, no.
8/11/2013 at Alibag.
3938/2013 dated
district etc. boundaries.

4. a) particulars of the documents 1.Registered agreement for sale


scrutinized serially and chronologically. | registered no. 10/10/2013 at serial
no.
b) nature of document verified and as to | 3595/2013
whether they are originals or certified 2. registered sale deed register n
copies or registration extracts duly 3938/2013 dated 8/11/2013
certified 3. registered agreement for sale dated
14/05/2009 serial no. 1555/2009 &
at
registered sale deed dated 2/07/2009 at
serial no. 2111/2009
4. Registered agreement for sale dated
17/01/1996 at serial no. 115/1996
5. Sale deed dated 22/03/1993
6.development Agreement dated
16/09/1993 at serial no. 1482/1993
7. N.A. permission dated 26/11/1992 &
revise permission dated 5/10/1993.
8.occupancy certif+cate dated

5. Whether certified copy of all title


12/03/19966
Yes. Perused the index Il records.
document area obtained from the
relevant Sub-registrar office and
compared with the documents made
available by the proposed
mortgagor?
(please also enclose all such certified
copies and relevant fee receipts along
with the TIR)
6. a) Whether the records of
office or revenue authorities registrar Yes.
the property in
relevant to
for verification
question are available
through any online
portal or computer system?
b) if such
online/computer records are | No.
available, whether
cross checking are verification or
any
madeand the |
of2
Page 2
comments/findings in this regard.
c)whetherthe genuineness of the stamp Not applicable. (e-stamp)
paper is possible to be got verified from
any online portal and if so whether such
verification was made?
7.
a) Property offered assecurity falls Sub Registrar Alibag
within the jurisdiction of which sub-
registrar office?
b) Whether it is possible to have No.
registration of documents in respect of
the property in
question, at more than
one office of sub-registrar/distract
registrar/registrar-general. If so, please
name all such offices?
c) Whether search has been made at all Yes.
theoffices named at (b) above?
d)Whether the searches in the offices of | Not applicable
registering authorities or any other
records reveal registration of multiple
title documents in respect of the
property in question?
8.
Chain of
title deed
title tracing the title from the oldest title deed to the latest
establishing
title of the property
I have taken the search of the above said landed property on the
period of 1993 to 2022 (30 years) from the revenue offices and Sub
Registrar Office Alibag and I have gone through the revenue records of the
said landed property and also perused and examine the relevant Documents
and Extract.

It appears from the revenue records of the above said landed property
& N.A. permission dated 26/11/1992 that the above said landed property
which was a tenanted land. and the land owner namely Shri. Waman Janu
Mali has obtained Sale permission from Sib Divisional officer Alibag on
dated 6/11/1990. And thereafter, Waman Janu Mali has obtained N.A.
permission no. 236/1992 from collector Raigad in respect of the above said
landed property bearing Survey no. 91/2B on dated 26/11/1992.

It appears from the sale deed dated 22/03/1993 and relevant


document that Waman Janu Mali has Sold the landed property to Shri.
Jaising Raghunath Wabhale, and the sale deed is executed between them

Page 3 of 24
in the office of the Sub-Repictw
and which is duly registered sale deed, Shri.
Aliba on
And as per the Jaising Ras
dated 22/03/1993.

Wabhale has acquired rights


aghunath
& title in respect of the said landed proper
Raghunath Wabh bhale is shown in
And the n a m e of Shri. Jaising 7/12
as an owner.
extract of the said landed property

It appears from the Development Agreement dated 16/09/1993


Shri. Jaising Raghunath Wabhale is as an owner and M/s. Rachana. hat
Associates Though its partner Shri. Jayant Madhukar Vakharka wa
Developer herein entered in to a Development Agreement on dated
16/09/1993 in respect of the above said property. And the Develonm
ted|
pment
Agreement which is executed between them and which is duly registerA:
in
the office of Sub Registrar Alibag on dated 16/09/1993 at serial
no.
1482/1993. And as per such development agreement, the owner namel
Shri. Jaising Raghunath Wabhale has granted the Development rights of
the said property on the Term and Condition which are more specifically
set out in the said Development Agreement to M/s. Rachanavishwa
Associates Though its partner Shri. Jayant Madhukar Vakharkar.

By the virtue of the said Development Agreement dated 16/09/1993,


M/s. Rachanavishwa Associates Though its partner Shri. Jayant Madhukar
Vakharkar has been entitled to develop the above said landed property by
constructing thereon building in accordance with the approved plan and the
permission and sanction granted by the concerned authority/authorities,
Alibag Municipal Council. And By virtue of the said Development
Agreement dated 16/09/1993, M/s. Rachanavishwa Associates Though its
partner Shri. Jayant Madhukar Vakharkar has been put in possession of the
above said landed property with the right and authorities to construct the
building on the above said property and to sell and to dispose of the
commercial and residential flats, shops, and to enter in to a
requisite
agreement, sale deed etc. and to accept and appropriate the consideration
thereof.

It appears from the records of Collector Raigad that and Ms


hanavishwa Associates has obtained revise N.A. permission no. 190
from CollectorRaigad dated 5/10/1993 for construction of building ov
ne said landed property. And as per the said revise N.A. Permissio
admeasuring area 4980 sq.mt. converted in to Non Agricultural n
Internal road and open space admeasuring area 1697 sq.mt. remaing

24
z(ADVOCAT
Page 4of

illt
And M/s.
able useful for construction of building.
w a s plot area
the above said landed property
Kachanavishwa Associates has developed
over the above
said landed property.
constucted the building Smita"
and said Building. Grampanchayat
and altcr the completion work of the 1006 on dated
certificate no.
has given the occupancy
Chendhare the Grampanchayat house
12/03/1996. And fixed the assessment and given
number to the said building.
and relevant
sale dated 17/01/1996
ltappears from the Agreement for
its partner Shri
that M/s. Rachanavishwa Associates Though
document Residential Row House no.
E/6
Jayant Madhukar Vakharkar has Sold the
794 sq.ft. which is
admeasuring ground first floor total built up area
Shri. Devdatt Uddhav
situated, in the Building namely Smita" to
them and which
and the Agreement for sale is executed between
Jogalckar, on dated
IS duly registered in the office of the Sub-Registrar Alibag
Shri.
17/01/1996 at serial no. 115/1996. And as per the Agreement for sale,
Devdatt Uddhav Jogalekar has acquired rights & title in respect
of the said
is
Row House no. E/6. And the name of Shri. Devdatt Uddhav Jogalekar
shown in the assessment extract o f the said house property as an owner.

It appears from the Agreement for sale dated 14/05/2009 & Sake
deed dated 2/07/2009 and relevant document that Shri. Devdatt Uddhav
Jogalekar has Agreed to Sale the Residential Row House no. E/6
admeasuring ground + first floor total built up area 794 sq.ft. which is
situated, in the Building namely "Smita Co. Opp. Hsg. Soc." to Shri.
Sanjay Purushottam Dhumale, and the Agreement for sale is executed
between them and which is duly registered in the office of the Sub-
Registrar Alibag on dated 14/05/2009 at serial no. 1555/2009. And after
full and final payment of the said property, Shri. Devdatt Uddhav Jogalekar
has executed a Sale deed in respect of the said property in favour of Shri.
Sanjay Purushottam Dhumale. and such sale deed which is duly registered
in the office of the Sub-Registrar Alibag on dated 2/07/2009 at serial no.
2111/2009. And as per the said Sale deed, Shri. Sanjay Purushottam
Dhumale has acquired rights & title in respect of the said Row House no.
E6. And the name of Shri. Sanjay Purushottam Dhumale is shown in the
assessment extract of the said house property as an owner.

It appears from the Agreement for sale dated 10/10/2013 & Sale
deed dated 8/11/2013 and relevant document that Shri. Sanjay Purushottanm

( Page 5 of 24
Dhumale has Agreed to Sale the Residential Row House no. E/6
which is
admeasuring ground + first floor total built up area 794 sq.ft.
Soc." to Shri.
situated, in the Building namely "Smita Co. Opp. Hsg.
Pradeep Janardan Kadam, and the Agreement for sale is executed between
them and which is duly registered in the office of the Sub-Registrar Alibag
final
on dated 10/10/2013 at serial no. 3595/2013. And after full and
Purushottam Dhumale has
payment of the said property, Shri. Sanjay
executed a Sale deed in respect of the said property
in favour of Shri.
in
deed which is duly registered
Pradeep Janardan Kadam. and such sale 8/11/2013 at serial no.
the office of the Sub-Registrar Alibag on dated
Shri. Pradeep Janardan Kadam
3938/2013. And as per the said Sale deed,
E/6. And|
the said Row House no.
has acquired rights & title in respect of assessment
Kadam is shown in the
the name of Shri. Pradeep Janardan
an owner.
extract of the said house property as

State Bank of India that Shri. Pradeep


It appears from the records of from State
home loan of Rs. 14,00,000/-
Janardan Kadam has taken the 33433963487 and for
home loan account no.
Bank of India. And the said which is given as
above said Row house no. E/6
the said loan proposal, the Kadam and the equitable
Shri. Pradeep Janardan
equitable mortgage by executed by Shri. Pradeep
of title deed which is
mortgage by deposit 11/07/2013. And
bank of India on dated
Janardan Kadam in favour of state
of State Bank of|
sale which is given in the custody
original Agreement for of such loan amount over the
said|
India. And therefore, there is charge
house. And at present, such
loan amount which is not fully paid.

records and records of Collector Raigad


As per the available revenue
lease, lien, tendency,
and relevant document, no any, Mortgage, the
maintenance is appeared in respect
of the said house property except
of India and I have not found any entry
charge of loan of State bank of the
encumbrances what so ever nature in respect
creating charge, claims,
E/6 except the charge of loan
said house property bearing Row House no.
as stated above.

having ownership
Nature of title of the intended Intended Borrowers

mortgagor over the property (whether rights in respect of the house property
E/6.
fullownership rights, leasehold rights, | bearing Row House no.
occupancy/ possessory rights or Inam
holder or Govt. Grantee/Allotteeetc.)
10 Ifleasehold, property whether, No.

WOCATET of24
Page 6
ZA
a)lease deed is duly stamped and N.A.
registered
b)lessee is permitted to mortgage the | N.A.
leaseholdright.
c)duration of the lease/unexpired period | N.A.
of lease.
d)if, a sub-lease, check the lease deed N.A.
in favour of lessee asto whether lease
deed permits sub-leasing and mortgage
bysub-lessee also.
e)whether the leasehold rights permits N.A.
for the creation of any
superstructure (if
applicable)?
f)right to get renewal of the leasehold | N.A.
rights and nature thereof.
11 a)lf Govt. grant/allotment/lease- | The intended mortgagor namely Shri.
cum/sale agreement, whether; grant/ | Pradeep Janardan Kadam has
agreement etc. Provides for alienable
acquired
rights & title in respect of said house
rights to the mortgagor with or without | property bearing Row House no. E/6.
conditions. And therefore, as per the Agreement
for sale dated 10/10/2013 & Sale deed
dated 8/11/2013 provides for alienable
rights to the Shri. Pradeep Janardan
Kadam.
b)the mortgagor is competent to create Yes. There is charge of loan which is
charge on such property. given by State Bank of India on the
said House property bearing Row
house no. E/6. And the above
mentioned house property can be
accepted as a security by mortgaging
the same by of
way equitable
mortgage.
c)whether any permission from govt. or No.
any other authority is required for
creation of mortgage and if so whether
such valid permission is available.
12 If occupancy right, whether
a)Such right is eritable and Yes.
transferable,
b)Mortgage can becreated. Yes
13 Nature of Minor's interest, if any and if | No minor's interests.
so, whether creation of mortgage could

ADVTATE Page 7 of 24
be possible, the modalities/procedure to
be followed including court pernmission
to be obtained and the reasons for
comingto such conclusion.
14 If the property has been transferred by | N.A.
way of Gift/Settlement Deed, whether;
a)the gif/settlement deed is duly | N.A.
stampedand registered.
bthe gif/settlement deed has been N.A.
attested by two witnesses.
c)the gifi/settlement deed transfers the | N.A.
property to done.
d)whether the done has accepted gift by N.A.
signing the gif/settlement deed or by a |
separated writing or by implication or

byactions.
e)whether there is any restriction on the | N.A.
donor in executing the gif/settlement
deed in question.
t)whether the done is in possession of| N.A.
thegifted property.
g)whether any life interest is reserved | N.A.
for the donor or any other persons and
whether is a need for any other persons
to jointhe creation of mortgage.
h)any other aspect affecting the validity N.A.
of the title passed through the
gif/settlement deed.
|15 a)In of partitions/family settlement
case | N.A.
deeds, whether the original deed is
available for deposit. If not the
modality/procedure to be folowed to
create a valid and enforceable
mortgage.
bwhether mutation has been effected N.A.
and whether the mortgagor is in
possession and enjoyment of his share.
c)whether the partition made is valid in | N.A.
law and the mortgagor has acquired a|
mortgage able title thereon.
din respect of partition by a decree of|N.A.
court, whether such decree has become

Page 8 of 24
final and all other conditions/
formalities are completed/complied
with.
e)whether any of the documents in N.A.
question are executed in counterparts or
in more than one set? If so, additional
precautions to be taken for avoiding
multiple mortgages?
16 Whether the title document include any N.A.
testamentary documents/wills?
a)In case of wills, whether the will is | N.A.
registered will or unregistered will?
b)whether will in the matter needs a | N.A.
mandatory probate and if so whether
thesame is
probated by a competent
court?
c)whether the property is mutated on | N.A.
thebasis of will?
d)whether the original will is available | N.A.
?
ewhether the original certificate of the | N.A.
testator is available?
fwhat are the circumstances and/or N.A.
documents to establish the will in
question is the last and final will of the
testator?
(Comments on the circumstances such
asthe availability ofa declaration
by all
the beneficiaries about the genuineness
validity of the will, all parties have
acted upon the will, etc, which are
relevant to rely on the will, availability
of mother /original title deeds are to be
explained.)
17 a)Whether the property is subject to any No.
wakf rights?
b)whether the property belongs to N.A.
church temple or any religious/other
institution having any restriction in
creation of charges on such properties?
c) Precautions/permissions, if any in | N.A.
respect ofthe above cases for creation

ZADVC Page 9 of 24
of mortgage?
18 awhere the property is a HUF/joint No. (self-acquired property)
family property, mortgaged is created
for family benefit/legal necessity,
whether the major coparceners have no
objections/join is executions, minor's
share if any, rights of female members
etc.
b) please also comment on any other Not applicable.
aspect which may adversely affect the
validity of security in such cases?
19 a)whether the property belongs to any |N.A.
trust or is subject to the rights of ant
trust?
b) Whether the trust is a private or N.A.
public trust and whether trust deed
specifically authorized the mortgage of
theproperty?
c)If so additional precaution/ | N.A.
permissions to be obtained for creation
valid mortgage?
dhrequirement, if any for creation of N.A.
mortgage as per the central/state laws
applicable to the trust in the matter.
20 a)If the property is Agricultural land, | N.AA
whether the local laws permit mortgage
of Agricultural land and whether there
are any restrictions for creation/
enforcement of mortgage.
b)In case of Agricultural property other Not applicable.
relevant records/documents as per local
laws, if any are to be verified to ensure
the validity of the title and rights to
enforce the mortgagee
c)In the case of conversion of The land property bearing Survey no.
Agricultural land for Residential 91/2B which was agricultural land and
purpose or otherwise, whether requisite as per the N.A. order is granted by
procedure followed/permission Collector Raigad dated 26/11/1992 &
obtained. revise N.A. order dated 5/10/1993, the
said land converted in to non-

21 Whether the property is affected by any | Not applicable.


Agricultural land.

Page 10 of24
local laws or other regulations having a
bearing on the creation security (viz.
Agricultural laws, weaker sections,
minorities, land laws, SEZ regulations,
costal Zone Regulations,
Environmental clearance, etc)
22
a)whether the property is subject to any
pending or proposed land acquisitions
N.A.

proceedings?
b) Whether any search/enquiry is made | N.A.
with the Land Acquisition Office and
the outcome of such search/enquiry.
23 a) Whether the property is involved in | No
or subject matter of any litigations
which is pending or concluded?
b) If so, whether such litigation would N.A.
adversely affect the creation of a valid
mortgage of have any implication of its
futureenforcement?
c)Whether the title documents have N.A.
any court seal/marking 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.
24 a)In case of partnership firm, whether | N.A.
the property belongs to the firm and the
deedis property registered.
b) Property belonging partner, whether N.A.
thrown on Hotch pot? whether
formalities for the same have been
completed as per applicablelaws?
c)Whether the person () creating | N.A.
mortgage have/has authority to create
mortgage for and on behalf ofthefirm.
25 Whether the property belongs to a | NA,
limited company, check the borrowing
powers, board resolution, authorization
to create mortgage/executions of
documents, registration of any prior
charges with the company registrar
Articles of Association/
(ROC),
M
Page 11 of 24
(ZADE
provisions for common sealetc.
26 In case of societies, Associations, the| The construction of the said building is
to borrower | completed. And occupancy certificate
required authority/power
and whether the mortgage can be | is grated from Grampanchayat
created, and the requisite resolutions, chendhare. And society of block holder
bye-laws. is formed.
27 a) Whether any POA is involved in the | N.A.
chain oftitle?
b) Whether the POA involved is one N.A.
coupled with interest, i.e. development
agreement-cum power of attorney. If
so, please clarify whether the same is
registered document and hence it has
created an interest in favour of the
builder/developer and as such is
irrevocableas per law.
c)In case the title document is executed | N.A.
by the POA holder, please clarify
whether the POA involved is (i) one
executed by the builders viz
Companies/firm/individual/or property
concerns in favour of their
partners/employees/authorized
representatives to sign flat allotment
letters, NOCs, agreement of sale, sale
deed etc. in favour of buyers of
flats/units ( Builders POA) or (ii) other
ype of POA ( Common POA.)_
d)in case of builders POA, whether a N.A.
certified copy of POA is available and
the same has been verified/compared
with the original POA.
e)In case of common POA (i.e. POA | N.A.
other than builders POA ), please
clarify the following clauses in respect
of POA.
i. Whether the original POA is verified
and the title investigation is done on the
basis of original POA?
ii. Whether the POA is a registered
one?
ii. Whether the POA is
special or
general one?

Page 12 of24
iv. Whether the POA contains a
specific authority for execution of title
documentin question?
Whether the POA was in force and | N.A.
not revoked or had become invalid on
the date of execution of the document
in question? ( please clarify whether the
same has been ascertained from the
office of sub-registrar also?)_
8 Please comment on the genuineness N.A.
of POA?
h) The unequivocal opinion on the | N.A.
enforceability and validity ofthePOA?
28 Whether mortgage is being created by a | N.A.
POA holder, check genuineness of the
Power of Attorney and the extent of the
powers given therein and whether the
same is properly executed stamped/
authenticated in terms of the law of the
place, whereit is executed.
29 If the property is a flat/apartment or
residential/Residential complex, check
and comment on the following;
a)Promoter/land owners title to the a) M/s. Rachanavishwa Associates
land/building;
b)Development agreement/power of b) Yes. Development Agreement on

Attorney; dated 16/03/1993


c)Extent of authority of the c) To construct a building & sell out
developer/builder; the residential/Residential flats
d)Independent title verification of the d)not applicable
land and/or building in question;
e) Agreement for sale (duly registered); e)Yes.
) payment of proper stamp duty; ) Yes.
g) Requirement of registration of sale g) Yes, done.
agreement, development agreement,
POA, etc.
h) Approval of building plan, h) Yes.
permission of appropriate/local
authority, etc;
conveyance in favour of i) No
society/condominium concerned;
certificate/allotmentj) The construction of the said building
j)Occupancy
letter/letterof possession; iscompleted and occupancy certificate

Page 13 of 24
is granted by Grampanchayat
chendhare on dated 12/03/1996.
k) Membership details in the society k) yes. Shri. Pradeep Janardan Kadam
etc; who is member of such society
I) Yes. share certificate is issued in
) share certificates; favour of Shri. Pradeep Janardan
Kadam
m) N.A.
m) no objection letter from the society; n) Complied
n) all
legal requirements under the local
/municipal laws, regarding ownership
of flats/apartments/building regulations,
development control regulation, co-
o) Bank may create charge in housing
operative societies laws etc.
o) Requirements, for noting the Bank society records.
charges on the records of the housing
society, if any, p) Layout plan of the said land which is
P) If the property is a vacant land and approved by Grampanchayat & Town
construction is yet to be made, approval planning Authority.
of layout and other precautions, if any, q) Yes the above said Row House no.
q) Whether the numbering pattern of E/6 which is shown in the sanction
the units/flats tally in all documents plan of the said building and agreement
such as approved plan, agreement plan, | for sale.

etc.
30 Encumbrances, Attachments, and/or Shri. Pradeep Janardan Kadam has
claims whether of Government, central taken the home loan of Rs. 14,00,000/-
or state or other local authorities or from State Bank of India. An the said
Ground party claims, liens etc. and home loan account no. 33433963487
details thereof. and for the said loan proposal, the
above said Row house no. E/6 which is
given as equitable mortgage by Shri.
Pradeep Janardan Kadam and the
equitable mortgage by deposit of title
deed which is executed by Shri.
Pradeep Janardan Kadam in favour of
state bank of India on dated
11/07/2013. And original Agreement
for sale which is given in the custody
of State Bank of India. And therefore,
there is charge of such loan amount
over the said house. And at present,
such loan amount which is not fully
paid.

Page 14 of 24
31 The period under the N.A.
covered
Encumbrances certificate and the name|
of the person un whose favour the |
encumbrance is created and if so,
satisfactions of charges,ifany.
32 Details regarding property tax or land | N.A.
revenue or other statutory dues
paid/payable as on date and if not paid,
what remedy?
33 aUrban land ceiling clearance, whether N.A.
required andif so, detailsthereon.
b) Whether no objection certificate No
under the income tax act is
required/obtained.
34 Details of RTC extracts/mutation | N.A.
extract/Katha extracts pertaining to the
property in question.
35 Whether the name of mortgagor is Yes. As per Agreement for sale dated
reflected as owner in the 10/10/2013 & Sale deed dated
revenue/Municipal/village records? 8/11/2013, the name of Pradip
Janardan Kadam is shown in the
assessment extract to the said house
property as an owner.
36 a)Whether the property offered as Yes.
security is clearly demarcated?
b)Whether the demarcation/partition of
the property is legally valid?
c)Whether the property has clear access
as per documents?
37 Whether the property can be identified Yes.
from the following documents, and
discrepancy/doubtful circumstances, if
any revealed on such serutiny?
a)Document in relation to electricity
connection,
bDocument in relation to water
connection;
c)Document in relation to sales tax
registration, if any applicable;
d)Other utility bills,if any
38 In respect of the boundaries of the | No
property, whether there is a difference/

Page 15 of 24
discrepancy in any of the title
documents or any other documents
(such as valuation report, utility bills
etc.) or the actual current boundary? If
so please elaborate/comment on the
same.
39 | If thevaluation report and/or N.A.
approved/sanctioned plans are made
available, please comment on the same
including the comments on the
description and boundaries of the
document and that
property on the said
in the title deeds.
(if the valuation report and/or approved
plan are not available at the time of
preparation of TlIR, please provide
these comments subsequently, on

the same available to the


making
advocate.
40 Any for creation of | No bar.
bar/restriction
mortgaged under any local or special
enactments, details of proper
registration of documents, payment of
proper stamp duty etc.
41 Whether the bank will be able to Yes.
enforce SARFESI Act, if required
against the property offered as security?
In case of absence of original title Original documents as title deeds
42
deeds, details of legal and other which are in custody of Bank and at the
requirements for creation of a proper, time of execution of mortgage deed
valid and enforceable mortgaged by| Bank shall take in to custody of the
deposit extract certified etc. as
duly | said original title deeds for creation of
also any precaution to be taken by the mortgage.
bankin this regard.
43 Whether the governing After execution of equitable mortgage
law/constitutional documents of the by depositing title deeds Bank shall be
mortgagor (other than natural persons) lodged and registered notice of
permits creation of mortgage and intimation in the office of Sub
additional precautions, if any to be Registrar Pen within limitation and
taken in such cases. Bank shall create its charge of loan
amount on the assessment extract of|
thesaid Block no. C/305.
44 Additional aspects relevant N.A.

Page 16 of 24
investigation of title as per local laws.
45 Additional suggestion if any to Original documents as title deeds
safeguard the interest of Bank/ensuring which are in custody of Bank. And
the perfection of security. bank shall execute equitable mortgage
as per the due legal procedure and at
the time of execution of mortgage deed
Bank shall take in to custody of the
said original title deeds for creation of
mortgage. And bank shall also verify
and ascertain the existence and present
status of the Raw house no. E/6. And
Bank shall create its charge on the
assessment extract of the said Raw
house no. E/6.
46 The specific person who are required to Shri. Pradeep Janardan Kadam.
create mortgage/to deposit documents
creating mortgage.
47 Whether the Real Estate Project comes | N.A.
under Real Estate (Regulation and
Development) Act,2016? Y/N
Whether the project is registered with | N.A.
the Real Estate Regulatory Authority?
If so, the details of such registration are
tobe furnished.
Whether he registered agreement for | N.A.
sale as prescribed in the above
Act/Rules there under is executed?
Whether the details of the apartment/| N.A.
plot in question are verified with the list
of number and types of apartment or
plots booked as uploaded by the
promoter in the website of Real estate |
Regulatory Authority?
Place - Pen
Date 8/12/2022

WOCATEm N.N, Mhatre

Adtocate

Page 17 of 24
Annexure- C
Certificate of title

I have examined the original title deeds intended to be deposited relating to the
schedule property and offered as security of equitable mortgage (Deposit of the deeds)
and that the documents of title referred to in the opinion are valid evidence of right, title
and interest and that if the said equitable mortgage is created, it will satisfy the
requirements of creation of equitable mortgage and I further certify that.

1. T have examined the documents in details, taking into account all the guidelines in
the check Iist vide annexure B and other relevant factors.

2. I
confirm having made a search in the revenue records. I also confirm
verified and check the records of the year 1993 to 2022 from
having
Sub-Registrar(s)
office Pen & submitted the Challan no. MHO11862913202223E Rs. 750/- paid for
search on dated 8/12/2022. I do not find anything adverse which would
prevent
the title holders from creating a valid mortgage. I am
liable/responsible, if any
loss is caused to the bank due to negligence on my part or
by my agent in making
search.

3. I confirm having a search in the land/Revenue records. I also confirm


having
verified and checked the records of the relevant Government offices/Sub-
Registrar(s) offices(s), Revenue Records, I do not find anything adverse which
would prevent the title holders from creating a valid mortgage. I am
liable/responsible, if any loss is caused to the Bank due to negligence on my part
or by my agent in making search.

4. Following scrutiny of revenue Records, relative title deeds, certified copies of


such title deeds obtained from the concerned
registrar office. I hereby certify the
genuineness of the title deeds. Suspicious/doubt if any has been clarified by
making necessary enquiries.
5. There prior
are
mortgage/charges/encumbrances
from the Encumbrance certificate for the
whatsoever,as could be seen

period from year 1993 to 2022


pertaining to the Immovable property covered by above said title deeds. The flat
property is free from all encumbrances except the charge of loan as stated above.

6. I further certify that Shri.


Pradeep Janardan Kadam has taken the home loan of
Rs. 14,00,000/- from State Bank of India.
And the said home loan account no.
33433963487 and for the said loan
which is
proposal, the above said Row house no. E/6
given as equitable mortgage by Shri. Pradeep Janardan Kadam and the
equitable mortgage by deposit of title deed which is executed Shri.
Janardan Kadam in favour of state bank of by Pradeep
India on dated 11/07/2013. And

NCA Page 18 of 24
original Agreement for sale which is given in the custody of State Bank of India.
And therefore, there is
charge of such loan amount over the said house. And at
present, such loan amount which is not fully paid.
7. In case of second
/subsequent charge 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) - Not
Applicable
8. Minor/(s) and his /their interest in the
property/(ies) is to the extent of
(specify the share of the minor with Name). (Strike out if not
applicable) -Not Applicable
9. The if created will be available to the bank for the
mortgage liability of the
intending borrower, Shri. Pradeep Janardan Kadam.
10.I certify that Shri. Pradeep Janardan Kadam is having ownership rights &
respect of the said house property bearing Row House no. E/6 title in
admeasuring
ground + first floor total built up area 794 sq.ft. which is situated, in the
building
namely "Smita Co. Opp. Hsg. Soc." which is constructed in the landed property
bearing Survey no. 70/2 plot no. 1. And Shri. Pradeep Janardan Kadam has clear
and marketable title over the schedule
property except the of loan as stated
charge
above.

11.I further certify that the above title deeds are


genuine and a valid mortgage can be
created and the said mortgage would be enforceable.

12. In case of creation of mortgage by deposit of title


deeds, I certify that the deposit
of following title deeds/documents would create a valid and enforceable
mortgage.
Index | Documents
1.
Original/certify
Registered agreement for sale registered no. 10/10/2013 at Original
serial no. 3595/2013
registered sale deed register no. 3938/2013 dated | Copy
8/11/2013
. registered agreement for sale dated 14/05/2009 at serial | copy
no. 1555/2009 & registered sale deed dated 2/07/2009 at
serial no. 2111/2009
Registered agreement for sale dated 17/01/1996 at serial Copy
no. 115/1996
Sale deed dated 22/03/1993
Copy
development Agreement dated 16409/1993 at serial no. | Copy

ADVOC TETn Page 19 of 24


1482/1993
7. N.A. permission dated 26/11/1992 & revise permission
dated 5/10/1993.
occupancy certificate dated 12/03/1996 Original
13. There are no legal impediments for creation of the mortgage under any applicable
law/rules in force.

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

SCHEDULE OF THE PROPERTY

Bearing Row House no. E/6 admeasuring ground + first floor total built up area
794 sq.ft. which is situated , in the Building namely "Smita Co. Opp. Hsg. Soc." which is
constructed in the landed property bearing Survey no. 70/2 plot no. 1 And such property
which is situated at Chendhare, Tal. Alibag, Dist. Raigad

Place: Pen
Date 8/12/2022 AH
Z{ADEOCATS" N.N. Mhatre
Advocate

Page 20 of24
Detailed information about propertyto bemortgaged:
Certificate of title and No encumbrance

I have examined the original title deeds relating to the property Bearing
Row House no. E/6 which is situated at Chendhare, Tal. Alibag and offered as
security by way of Equitable Mortgage. I have also taken search with the Sub
Registrar of Alibag & Record of Rights for last 30 years (Original fee receipts
enclosed).

I certify that Shri. Pradeep Janardan Kadam has having ownership rights &
title in respect of the said house property bearing Row House no. E/6. And he has
having clear and marketable title which is free from any encumbrances, charges
claim whatsoever in nature in respect of the said house property bearing Row
House no. E/6 admeasuring ground +first floor total built up area 794 sq.ft. which
is situated, in the Building namely "Smita Co. Opp. Hsg. Soc." which
constructed in the landed property bearing Survey no. 70/2 plot no. 1 except the
charge of loan as stated above.

I further certify that Shri. Pradeep Janardan Kadam has taken the home loan
of Rs. 14,00,000/- from State Bank of India. And the said home loan account no.
33433963487 and for the said loan proposal, the above said Row house no. E/6
which is given as equitable mortgage by Shri. Pradeep Janardan Kadam and the
equitable mortgage by deposit of title deed which is executed by Shri. Pradeep
Janardan Kadam in favour of state bank of India on dated 11/07/2013. And
original Agreement for sale which is given in the custody of State Bank of India.
And therefore, there is charge of such loan amount over the said house. And at
present, such loan amount which is not fully paid. and the above title deeds are
genuine and therefore, at the time of sanctioning the new/additional loan or taking
over the said loan as stated above, the above mentioned House property bearing
raw house no. E/6 can be accepted as a security by mortgaging the same by way of
equitable mortgage after paying the loan amount as stated above. Please take note

of it.

ZADWOCAY

Page 21 of 24
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 cquitable mortgage by deposit of title deeds created in the manner
required by law, it will satisfy the requirements of creation of equitable mortgage

Place: Pen
Date:- 8/12/2022

N.N. Mhatre
Adyocate

Page 22 of 24
SEARCH REPORT

Bearing Row House no. E/6 admeasuring ground + first floor total built up
area 794 sq.ft. which is situated, in the Building namely "Smita Co. Opp. Hsg
Soc." which is constructed in the landed property bearing Survey no. 70/2 plot no.
1, And such property which is situated at Pen. Tal Pen, Dist. Raigad (hereinafter
referred to as the said property flat for brevity sake)

NAME OF THE OWNERS : Shri. Pradeep Janardan Kadam

I have taken the search of the above said landed property on the period of
1993 to 2022 (30 years) from the revenue offices and Sub Registrar Office Pen
and I have gone through the revenue records of the said landed property and also
perused and examine the relevant Documents and Extract.

YEAR

1993 Entry in Index II


Sale deed dated 22/03/1993
development Agreement dated 16/09/1993 at serial no. 1482/1993
1994 Nil
1995 Nil
1996 Entry in Index II
Registered agreement for sale dated 17/01/1996 at serial no.
115/1996
1997 Nil
1998 Nil
1999 Nil
2000 Nil.
2001 - Nil
2002 Nil
2003 Nil
2004 Nil
2005 Nil
2006 Nil
2007 Nil
2008 Nil.
2009 Entry in Index II

Page 23 of 24
registered agreement for sale dated 14/05/2009 at serial ne
1555/2009 no.

registered sale deed dated 2/07/2009 at serial no.


2010 Nil 2111/2009
2011 Nil
2012 Nil.
2013 Entry in Index II
Registered agreement for sale registered no.
10/10/2013 at
3595/2013 serial no
..

registered sale deed register no. 3938/2013 dated 8/11/2013


2014 Nil
2015 Nil
2016 Nil,
2017 Nil
2018 Nil
2019 Nil
2020 Nil

I have enclosed herewith search fees paid vide Challan


dated 8/12/2022
no.
MHOI1862913202222E

Place: Pen
Date:- 8/12/2022

ZADIOCAIG

N.N. Mhatre
Advocate

Page 24 of24
CHALLAN
MTR Form Number-6

oen013202223E BARcoDE
M H O 11 8 6 2 9 1 3 2 0 2 2 2 3 4
I MOM MWdM0| Date 08/12/2022-14:52:20 Form ID

GRN
Payer Details
General of Registration
Inspector
artment
Search Fee TAX IDI TAN(If Any)|
iher
tems
P a y m e n t PAN No.(lf Applicable)
of
npe

Full Name ADV NANDU N MHATRE


GISTRAR ALIBAG RAIGAD
Rce N a m e ALG_SUB

RAIGAD

Lation

Flat/Block No. Raw house no. E/6


2022-2023 One Time

Account Head Details AmountIn Rs. Premises/Building


at Chendhare
7 2 2 0 1 SEARCH FEE 750.00 Road/Street

Tal Alibag Dist Raigad


|Area/Locality
Town/City/District

PIN

Remarks (If Any)

Raw house no. E/6 Smita Co. Opp. Hsg. Soc at chendhare Tal Alibag

|Amount In Seven Hundred Fifty Rupees Only

750.00 Words
Total

STATE BANK OF INDIA FOR USE IN RECEIVING BANK


Payment Details

Cheque-DD Details Bank CIN Ref. No. o0040572022120892768 IKO8ZTTS01

Bank Date RBI Date 08/12/2022-14:24:53 Not Verified with RBI


equeDD No.

Bank-Branch STATE BANK OF INDIA


Neme of Bank

Nene of Branch Scroll No. , Date Not Verified with Scroll

Epartment Mobile No. 9422375136


OTE ThisID:
challan is valid for reason mentioned in Type of paymentonly.Notvalidfor otherreasonsorunregistered do cument

2 / A D v O C A T

Done 1/1 Print Date 08-12-2022 02:53:04

You might also like