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Bank Tir

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0% found this document useful (0 votes)
47 views17 pages

Bank Tir

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 17

To,

The Branch Manager,


Sarva Haryana Gramin Bank,
Branch .........................

SPECIAL REPORT ON TITLE

Reg: Property situated within the revenue estate of ................,


Tehsil ..............., Distt. ............................ belonging to
Sh....................................

ASPECTS
TO BE
CONSIDERE
D Counsel’s Statement

A Particulars

Name of the
borrower with Sh. .............................
address. .............

1-

Name of the
person
offering
Mortgage
with Sh. .............................
parentage / .............
constitution
2- and address .

3- Detail of That as per


the Jamabandi for the year
property 2017-18 the applicant Sh.
.........................................
. is joint owner in
possession of the agrl.
Land to the extent
of 1/6h share in
khewat/khata
no. ...................................
...., total measuring .....
Kanal ....... Marla, the
share comes to ......
Kanal ..... Marla,
situated within the
revenue estate
of ..................

B
Investigation
B- s

Detail of the
title deed /
documents
( including
link deeds/
parent deeds)
to be
mortgaged
(with full
particulars
regarding
nature of the
documents,
date of The list of document
execution and is very long so the
details of same is mentioned in
1- registration) the last of this TIR.

Whether
documents
given to the
counsel have
been obtained Certified copies of
from the revenue record.
registrar
2- office.

3- Whether the No.


documents in
hand are
compared
with the
certified
copies and
whether the
documents
given raise an
doubt or
suspicion?

Whether the
registration
particulars
number and
date and page
particulars as
given in the
title deeds
shown to the
counsel tally
with the
particulars a
stated in the
records of the
Registrar
4- Office? Not applicable.

Whether the
registration
particulars
number and
date and page
particulars as
given in the
title deed
tally with the
particulars as The Certified copies
stated in the of the revenue record
certified copy are tally with the
as obtained original record of the
from the office of Sub-
registrar’s Registrar ........ and
5- office? found in order.
Whether the
photographs
of parties as
affixed in
conveyance e
deed/ title
deed tally
with the
photographs
seen in the
certified copy
as obtained
from the
Registrar’s
6- Office? Not applicable.

Whether
contents of
the as given
in the title
deed tally
verbatim with
the contents
as stated in
the certified
copy
obtained
from the
registrar’s
office ? If not
, variation be
specified .
What is its
7- effect ? Yes

Whether the
property has
been mutated
in the name Yes, the property is
of the person recorded in the name
offering the of mortgagors in
8- mortgage ? the revenue record.
Whether
equitable
mortgage can
be created as
the place
where the The simple regd.
branch Mortgage can be
disbursing the created by the
loan is mortgagor in favour
9- satiated ? of the bank.

Whether there
is any bar
under any
local law for
the creation
of the
mortgage of
the property
to be
mortgaged? (
in some states
, there are
legal
restrictions on
creation of
the
mortgage ?
( in some
states there
are legal
restrictions
on creation of
the mortgage
agrl.
Property for
non-
10 agricultural No bar and
- purposes) restrictions.

11 Whether there No.


- are any
restrictions
regarding
sale of the
property to be
mortgaged ?
( in some
states there
are
restrictions
for sale of
property to
residents
outside the
state )

Whether all
the approvals
clearance /
sanctions
required for
creation of
the mortgage
have been
obtained ? if
not obtained
what are such
sanctions
approvals and
clearance yet
12 to be obtained
- ? Yes.

Whether the
property is
ancestral / or
under joint
ownership or
the minor is
having
interest in the
property? if That this is the
13 so, its effect ancestral land of the
- thereof. applicant.
Whether the
property to be
mortgaged
has been
acquired
under Land
14 Acquisition
- Act, 1894? No.

Whether
Urban Land
ceiling Act is
applicable in
the state
where the
15 property is
- located ? No.

In case of
leasehold
property,
whether
permission */
NOC from
the lesser is
required for
creation of
mortgage ?
Whether
permission of
the lesser /
16 NOC is
- obtained ? Not applicable

17 What is the
- rate of
sharing of Not applicable
neared
income with
lesser, in the
event of sale
of the
property ?

Whether
copy of the
tile deed’s
favoring
lesser ( other
than Govt. is
mare
available to
examine the
18 validity of the
- lease. Not applicable

Whether the
terms and
conditions
given in the
lease deed
have been
complied
with ? if any
conditions is
violated ,
19 effect
- thereof ? Not applicable

20 Whether any
- permission of
income Tax Not applicable
Authorities /
Assessing
officer is
required
under the
provisions of
income tax
Act for
creation of
mortgage or
any certificate
is to be
submitted to
the Bank to
show that no
dues are
outstanding
to the Income
Tax
Department ?

In respect of
agriculture
land, whether
land is
declared
surplus or
under
21 consolidation
- of holdings ? No.

Whether
certified
copies of
Revenue
Records has
been obtained
and examined
to confirm
that no dues
are
outstanding
toward the
mortgagor ?
( copies of
revenue
record be
submitted to
the bank
while
submitting
the certificate
of tile Yes, the certified
22 investigation copies of revenue
- ) record are available.
Legal
Advisor

(2)

SEARCH REPORT

To,

The Branch Manager

Sarva Haryana Gramin Bank,

Branch ............

Search report relates to searches made in :

Sub Registrar office.

................

The search was carried out by me for the purpose. Inspection was
made for the period from 2007 to 2022 at the Sub-Registrar
Office ............... vide search receipt No. ………….. dated ……-01-2022.

The search report disclosed the followings encumbrances :-

That this land of the applicant is free from all- sorts of encumbrances.

Chain of title for the past more than 13 years:

I have searched the record of office of Sub Registrar .............. as on date


for the past more than 13 years qua the property in question and found that the
applicant is coming joint owner in possession of the said land regularly and
continuously as per entries made in Jamabandi for the year 2017-18 and the
name of applicant is incorporated in the revenue record as owner in possession.
The applicant has a good, clear and marketable title in the land in question. This
is the ancestral land of the applicant.

Documents to be retained at the time of creation Mortgage:-


a- Certified copy of Jamabandi for the year 2017-18.

b- Copy of Mutation no........

c- Copy of Khasra Girdawari for the year 2021-2022.

Affidavit

Inspection Receipt No…………….. dated …….-01-2022.

Legal Advisor

(3)

CERTIFICATE

To,

The Branch Manager

Sarva Haryana Gramin Bank,

Branch ...............

Opinion on investigation of title and obtaining of search report in respect


of the agrl. land of Sh. .......................................

As requested, I have conducted the legal investigation of the title and made a
search of records in the registration office and other offices as required in the
matter.

I have answered all the queries in the special report which is enclosed

I hereby certify that the revenue record contents thereof tally with the original as
stated in the records of office of Sub- Registrar ............assurance as well as
with certified copy of the revenue record, which have been obtained by me is
enclosed with this certificate .

I have found that the property is free from all sorts of encumbrances.

I have certify that Sh. ........................................... has good, clear, valid and
marketable title over the above said property and the property of the applicant is
free from all sorts of encumbrances.
Legal Advisor

(4)

Declaration under Section 4(1) of The Haryana Agriculture Credit


Operations and Miscellaneous Provisions (Banks) Act 1973.

I, ...................................................................being desirous of availing myself of


financial assistance from the Sarva Haryana Gramin Bank
Branch .........................., make this declaration as required by Section 4(1) of
The Haryana Agriculture Credit Operations and Miscellaneous Provisions
(Banks) Act 1973, that I/We, Sh. ..................................................own the land
specified below, and I herby create a charge on the said land /interest in land in
favour of the Bank for securing the financial assistance Rs...................................
(Rupees… …………………………….) for the purpose of ……………………..
……which the Bank may make and for all future assistance if any, which the
Bank may make to me together the interest and costs and expenses thereon.

I further declare that there is no encumbrances on the said land specified below.

Details of Land :

That as per Jamabandi for the year 2017-18 the


applicant Sh. .......................................... is joint owner in possession of the agrl.
Land to the extent of 1/6th share in khewat/khata
no. ......................................., total measuring ..... Kanal ....... Marla, the share
comes to ...... Kanal ..... Marla, situated within the revenue estate
of ..................

Signature of
Borrower(s)

In witnesses whereof I ………………………………… do here under set my hand


on this…….…..day of …..…….in the Year Two Thousand Twenty one.

Witnesses:-

Signed and delivered by the above named in the presence of:-


(1)-----------------------------------------

(2) ----------------------------------------

Attested by

Forwarded with compliments to the Tehsildar/ Revenue Officer concerned with a


request to include the particulars of the charge………………………created
under the declaration in the record of rights and to return to the Bank for its
record.

For Sarva Haryana Gramin Bank

Manager

Forwarded to Halka Patwari for necessary charge creation

Tehsildar/Sub Registrar

Returned with compliments to the Manger Sarva Haryana Gramin Bank


Branch …………………….. The charge created under the declaration is duly
included in the record –of- rights on the Sr. No. ………….day of ……..2022.

Signature of
Patwari

Return with compliments to the Manger Sarva Haryana Gramin Bank. The
charge created under the declaration is duly included in the record of right on
……. Day of ……….. 2022.

Sub –Registrar

(5)

To,

The Tehsildar
……………………….

Subject : Mutation letter for enter the bank lien in the revenue
record

Dear Sir,

We hereby forwarded the following declaration under section 4(1) for


noting of bank’s charge on the land mortgaged by borrower(s)

Sr Name of Date of
No. borrower declaration

Kindly arrange for noting our bank’s charge over the land mortgaged in
aforesaid case.

Your’s faithfully

Branch Head/Authorized signatory

Sarva Haryana Gramin Bank ………………..……….Branch

(6)

To,
The Tehsildar

……………

Entrance and confirmation of mutation

Dear Sir,

I,.................................. has/have been sanctioned loan Rs.……………………(Rs.


…………………………………………….) for purchasing / purpose of i.e.
…………. ……………………. For CC Limit/ Crop Loan under SHGB KCC
scheme for agrl. purpose.

And.

Sh………………………………………………………………………….As above.

Mortgage his/their/her under mentioned land with the bank as security

Details of the property

That as per Jamabandi for the year 2017-18 the


applicant Sh. .......................................... is joint owner in possession of the agrl.
Land to the extent of 1/6h share in khewat/khata
no. ......................................., total measuring ..... Kanal ....... Marla, the share
comes to ...... Kanal ..... Marla, situated within the revenue estate
of ..................

Certified that the contents given above are the true copy made in the
declaration which in the custody of the bank, it is requested that said mutation
may be please be get entered and confirmed. The duplicate copy may be
returned after compliance possible.

Your’s faithfully

Branch Manager

Certified that the said mutation for said property mortgaged in favour of the
Sarva Haryana Gramin Bank ………………………Branch is entered
on…………………. Sr. No……………………. and same has been confirmed
on.
Sign. Of Patwari
TS

(7)

Affidavit.
I, ................................................................... do hereby solemnly affirm and declare as under:

1. That we/I have approached to the Sarva Haryana Gramin Bank Branch .............. of the loan facilities to the tune of Rs.
………………………/-(Rs.………………………………) initially on the security of my property and that basis the bank may take up the
proposal.
2. That I am furnishing the following declaration and information which are the true and real facts and the bank can rely upon the same to
consider my loan application.
3. That the deponent is owner in possession of the agrl. land measuring ... Kanal ..... Marlas, situated within the revenue estate of ............
. according to the revenue record.

a) That I have not created any charge/hypothecation over the above said land in favour of any individual /group of individuals
/company/firm/ organization institution etc. as a security for any loan, by way of equitable mortgage, deposit of title deeds, or
registered mortgage by any other means.

b) That the said property is not under /subject to any order of injunction or attachment or forfeiture or impounding or any similar order
of whatever name/description from any Civil or Criminal courts/ sales tax/ income tax/revenue recovery of such other authority
and I undertake not to do or omit to do any acts which might result in issuing of any such order on the said property at any time
discharge of my entire liabilities to the bank .

c) That the above mentioned property is not the subject matter of any civil suit /litigation either filed by me or filed against me by
family members ,relatives of any other persons .

d) That I have paid all the taxes /revenue etc. up to date to the authority concerned and not in arrears of sales tax, income tax, \
professional tax ,or any revenue due to local authority and no proceedings are pending in any of the courts /Tribunals regarding
the same.

e) That neither I nor any’ of my agent/ attorney holder has entered into an agreement to sell in favour of any individual/ group of
individual/ company / firm/ organization institution in respect of the property mentioned in the report.

f) That I have not availed advance / loan facility from any others person/ group of persons / bank/ institution etc. in connection with
the above property.

g) That the property I am offering as security has not been leased to any person/ group of persons/ company / firm/ organization /
institution etc.

h) That the deponent has not availed any type of loan from any bank or financial institution.

i) That neither any General Power of Attorney nor any Special Power of Attorney has been executed by me in favour of any
person/group of persons / company / firm/ company / organization /institution etc. for any purpose that may defeat the interest of
bank. That the documents produced before the LA are real and genuine and not fake.

j) That no civil suit or any proceedings are pending in any court of law and no proceedings for acquisition of the property
which is mentioned in the Legal opinion of legal advisor is pending before any court /Tribunal/Authority.
4. That I am fully aware that the loan will be sanctioned on the security of the property mentioned above by the Sarva Haryana
Gramin Bank Branch ......... purely on the basis of this declaration.

5. That no case on the said property is pending in any court of law and also that no proceedings for acquisition of the said property is
pending before any court /tribunal-/-authority.

6- That I will be liable for civil and criminal action, if any one or more of above declaration is/are found out to be false or incorrect.

7- That the above mentioned facts and information are true to the best of my knowledge and belief.

8- That the deponent has not taken any loan or financial institution or Corporative society against the said property.

( Owner(s) of the property

Verification : Verified that the above said deponent who knows English who has under stood above after being told in Hindi solemnly
affirmed on oath before me

Deponent(s)

(8)

To,

The Branch Manager,


Sarva Haryana Gramin Bank
Branch..........
Certificate regarding Non Encumbrance

It is to certify

That as per Jamabandi for the year 2017-18 the


applicant Sh. ................. is joint owner in possession of the agrl. Land to the
extent of 1/6h share in khewat/khata no. ......................................., total
measuring ..... Kanal ....... Marla, the share comes to ...... Kanal ..... Marla,
situated within the revenue estate of ..................and the above said land is
free from all sorts of encumbrances and attachment such as prior sale,
mortgage, lease, agreement, gift, simple regd. mortgage, etc. The applicant
is fully competent to sell, mortgage or dispose off the above said land in
any manner whatsoever.

Legal
Advisor

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