TO BE COMPLETED BY BANKS ADVOCATE

1. 2. 3. Name of the Branch/B U seeking opinion Reference N. and date of the letter under cover of the documents tendered for scrutiny are forwarded Name of the unit/concern/company/person offering the property(ies) as security. STATE BANK OF PATIALA Branch .,Gurgaon Dated : 4-7-2012 Sh. Ishwar Singh Chouhan S/o Sh. Dayavir Singh & Smt. Anurekha Chouhan W/o Sh. Ishwar Singh Chouhan . Indiavidual Guarantor/Borroweers Sale-deed n. 24559 dated: 28-112011 Originals & Regn Record.

Constitution of the ----unit/concern/person/body/authority offering the property for creation of charge. 5. State as to under what capacity is security offered (whether as joint applicant or borrower or as guarantor,etc.) 6 a). Particular of the documents scrutinized serially and chronologically. b). Nature of documents verified and as to whether they are originals or certified. Note: only originals or certified extracts from the registering/land/revenue/other authorities be examined. 7. Complete or full description of the immovable property(ies) offered as security for creation of mortgage whether equitable/regd. Mortgage. a). Survey N. b). Door N. (In case of House Property) c). Extent/area including plinth/built up area in case of house property. d). Location like name of the place ,village,city,registration,SubDistt. e). Boundary

4.

Equitable Mortgage

N.A. House/Plot N. 577 91.20 sq.mtrs. (109.0752 sq.yds.)

Situated in Sector-51 Urban Estate Gurgaon Not required as specific plot/house is given. 8. Flow of titles tracing out of titles,of the intended mortgager Fully detailed in enclosed /NEC. and his predecessors in interest from the mother deed to the latest title deed and wherever minors interest and other clog on title is involved ,for further period, depending on the nead for clearance of such on the title (Separate sheet may be used). 9. Nature if title of the intended mortgager over the property Ownership Rights.yet to be obtained . (whether full ownership rights,leasehold rights Occupancy/possessory rights or Inam holder or Govt. Grantee /Allotee etc.) . 10 a). Encumberance/Attachment and /or claims whther of govt. NO. Central or State or other local authorities or third party claims ,liens etc.and details thereof,if yes ,give the details thereof. b). The period covered under the encumbrances Certificate and N.A.

11.

12. 13.

14.

15.

the name person in whose favour encumbrance is created and if so satisfaction of charge,if any ? Details regarding property tax or land revenue or other Paid,yet not sanctioned. statutory dues paid /payable as on date and not paid,what Building plan sanctioned vide E.O. remedy? Huda order n.SDE (S-1)/(G) Dated: by HUDA-11 Gurgaon. Details of R.T.C. extract/mulation extract/katha extract N.A. pertaining to the property in question. Any bar /restriction for creation of mortgage under any local NO. or special enactments,details of proper registration of documents,payments of property of proper stamp duty rtc. In case of absence of original title deeds ,details of legal and N.A. other requirements for creation of a proper ,valid and enforceable mortgage by deposit of certified extract duly certified etc. as also any precaution to be taken by the bank in this regard. The specific person who are required to create mortgage/to Sh. Ishwaar Singh Chouhan S/o Sh. deposit documents creating mortgage. DAYAVIR Singh & Smt. Anurekha Chohan W/o Sh. Ishwar Singh Note: In case separate sheet is required ,the same may be Chouhan. used ,signed and annexed. Date : 5-7-2012 Place: Gurgaon Signature of Advocate ANIL S. RAO Advocate R/O 1081/6, Patel Nagar Gurgaon

CERTIFICATE OF TITLE
I have examined the original title deeds intended to be deposited relating to the schedule property(ies) offered as security by way of Equitable mortgage and that documents of title reffered 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: KIND OF MORTGAGE : EQUITABLE MORTGAGE 1. I have examined the documents in detail,taking into account all the guidelines in the check list vide Annexure C and the other relevant factors. a. I confirm having made a search in the registration /land revenue records.I do not find anything adverse which would prevent the title holders from creating a valid Mortgage.I am liable/responsible , if loss is caused to the bank due to negligence on my part or by agent in making search. b. I have compared the contents of latest title-deed by which the title has been passed on in favour of the mortgagor (borrower/guarantor) with the documents maintained in the office sub-registrar so as to ensure the authenticity of the same and the copy of the same obtained from sub-registrar is attached with Report. c. I directly obtain the non-encumbrance certificate from the office of sub-registrar (wherever there is provision for issuance of such certificate) Note: Not in Gurgaon . d. I enclose the receipt of fee paid for search/encumbrance certificate for your record. e. Following scrutiny of Land Record / revenue Record and relative title-deeds.I hereby certify the genuiness of the title-deeds .Suspicious/doubt ,if any,has been clarified by necessary enquiries. 2. a. There are no prior Mortgage/charges/encumbrances whatsoever ,as could be seen from the encumbrances certificate for the period from 1980 till date pertaining to the immovable property(ies) covered by above said title deeds .The property is free from all encumbrances . b. In case of second/subsequent charge in favour of the bank ,there are no other mortgage/charges other than already stated in loan documents and agreed to by the mortgager and the bank. 3. Minor(s) and his/her interest in the property(ies) is to the extent of 4. The mortgage if created ,will be available to the bank for the liability of the intending Borrower Sh.Ishwar SINGH Chouhan S/O Sh. Dayavir Singh & Smt. Anurekha Chouhan W/O Sh.ISHWAR Singh Chouhan Rs/o H.N. 2039/46 U.E.Gurgaon. 5. I certify that Sh. Vinay Mangla S/O Sh. Raj Kumar Mangla R/O 579-C sector 51 Gurgaon addressee above has/have absolute ,clear amd marketable title over the schedule property(ies) .I further certify that the title-deeds are genuine and valid mortgage can be created and said mortgage would be enforceable in case of creation of Mortgage by deposit of title-deeds ,we caertify that the deposit of following titledeeds/documents would create a valid and enforceable mortgage.There no impediments for creation of the mortgage under any applicable law/rule in force. Schedule of the property(ies): Resi plot/house N. 577 Measuring 91.20 sq. mtrs. (109.0752 sq.yds.) situated in Sector-51 Urban Estate ,Gurgaon. Document to be obtained for equitable mortgage : Original Sale-deed n. 24559 dated 28-11-2011 ,conveyance Deeds n. 24545 dated 28-11-2011 Supplementary Conveyance-deed n. 24557 dated 28-11-2011 ,Re-allotment letter dated 22-12-2011 ,,Allotment letter n. 980 dated 23-2-2004 , Offer of Possesssion & permission to sell/mortgage from HUDA, Agreement to MORTGAGE . Dated : 5-7-2012 ANIL S. RAO ADVOCATE

NON-ENCUMBRANCES CERTFICATE

I,Anil S. Rao,Advocate ,have inspected the regn. Record in the office of the Registrar Gurgaon & Subregistrar,Gurgaon Distt. Gurgaon and perused the documents supplied to me and I found: That Sh. Vinay Mangla S/o Sh. Raj Kumar Mangla Rs/o H.N. 579-C Sector-15-1 Gurgaon is owner in possession of a resi. Plot/house bearing N. 577 measuring 91.20 sq.mtrs.(109.0752 sq.yds.) situated in Sector-51 Urban Estate ,Gurgaon vide sale-deed n. 24559 dated 28-11-2011 (and re-allotment letter dated 22-12-2011 ) executed by Smt. Neeru Bala W/o Sh. Shanti Parkash R/o H.N. 1404 Mohaalla Molvian ,Hissar ,who was owner of the plot vide regd. conveyance deed n. 24545 & SUPPLEMENTARYCONVEYANCE-DEED N. 24557 dated 28-11-2011 and allotment letter n. 980 dated 23-2-2004 has also been issued by HUDA Gurgaon . .Since then Sh.Vinay Mangla S/o S/o Sh. Raj KUMAR Mangla has been coming owners in possession of the plot/house in question and at the same time plot/house is free from all sort of encumbrances and attachment proceedings and he can alienate the plot/house in favour of the bank by the way of equitable mortgage after getting prior permission to sell/mortgage from E.O. HUDA Gurgaon.The provisions of SARFESI ACT are applicable.The Chain is complete.

Place:Gurgaon Dated 5-7-2012

(ANIL S. RAO) (ADVOCATE)

CHECKLIST FOR THE GUIDANCE OF ADVOCATES VERIFYING THE TITLE TO THE PROP. OFFERED AS SECURITY
Description of Property;House/plot N.577 measuring sq.yds. 91.20 sq.mtrs. Name of the Borrower(s) Sh.Ishwar Singh Chouhan & Smt.Anurekha Chouhan

Sector-51,Urban Estate,Gurgaon 1. 2. Nature of the title; Ownership/leasehold/occupancy /Govt.grant/Allotment If Leasehold; A) Lease-deed is duly stamped and regd. B) Lessee is permitted to mortgage leasehold right. C) Duration of lease /un-expired period of lease. D) If a sub-leasing and mortgage by sub-lessee also If Govt. grant/allotment/lease cum/sale agreement,whether; A.) Grant/agreement etc. provides for alienable rights to the mortgagor with or without condition. B.) The mortgagor is competent to create charge on such property. If occupancy right,whether; A) Such right is heritable and transferable, B) Mortgage can be created. A. Urban land ceiling clearance ,whether required and if so ,details there on, B. Whether NOC under the Income-Tax Act is required/obtained. Nature of minors interest ,if any and if so,whether creation of mortgage could be possible the modalities/procedure to be followed and the for coming to such conclusions, If property is agricultural land,whether local laws permit mortgage of agricultural land and whether there are any restrictions for enforcing ,there on. In case of conversion of agricultural land for commercial purposes or otherwise,whether requisite procedure followed/permission obtained. Whether the propery is affected by any local laws (wiz.Agri.Laws,weaker setions,minorities,land laws,etc.) A. In case of partition/settlement deeds ,whether the original deed is available for deposit,if not modality /procedure to be followed to create a valid enforceable mortgage. B. Whether mutation has been affected and whether the mortgagor in possession and enjoyment of his share. C. Whether the partition made is valid in law and the mortgagor has acquired mortgagable title thereon. A. In case of partnership firm,whether the property belongs to the firm and the deed is property regd. B. Whether the person(s) creating mortgage has/have authority to create mortgage for and on behalf of the firm. A. Whether the property belongs to a Limited Company ,check the borrowing powers ,BOD resolution ,authorization to create mortgage/execution of documents,Regn. Of any prior charge with the Company Registrar,article of association /provision for common seal etc. B. In case of society,Association,the required authority/power to borrower and whether the mortgage can be created ,and the requisite resolution ,by laws. Whether the mortgage is being created by a POA holder ,check genuineness of power of Ownership,yet to be obtained ... N.A.

3.

N.A.

4.

N.A.

5. 6. 7. 8. 9. 10.

N.A. N.A. N.A. BY WAY OF ACQUISTION N.A. N.A.

N.A. N.A. N.A. N.A. N.A.

11.

12.

N.A. N.A.

13.

14.

15.

16. 17.

attorney and the extent of power given therein and whether the same is properly executed/stamped/authenticated in terms of law of the place,where it is executed. If the property is flat/apartment or residential/commercial complex,check A. Promoters and land owners title to the land /building. B. Development agreement/POA C. Extent of the authority of the Developer/Builder D. Independent title verification of the land and /or building in question . E. Agreement for sale duly regd. F. Payment of proper stamp duty. G. Conveyance in favour of society /condominium concered. H. Occupancy certificate /allotment letter /letter of possession. I. Membership details in the society etc. J. Share certificates K. No objections from the society. L. All legal requirements under the local /municipal laws ,regarding ownership of the flat/apartment .Building regulations ,development control regulations,Co-operative societies laws,etc. Where the property is joint family property ,mortgage is created for family benefits/legal necessity ,whether the major coparcener have no objections/join in execution,minors share if any ,right of female members etc. Pending Litigation /court attachment /injunction/stay order /acquisition by the Govt. local authorities etc. that could be ascertained. Any other details required for the purpose.

N.A. N.A. N.A. YES VERIFIED N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A.

N.A.

NO. NOTHING SPECIAL

Dated: 5-7-2012

(ANIL S. RAO , ADVOCATE)