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Abhay Pal LSR

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0% found this document useful (0 votes)
67 views12 pages

Abhay Pal LSR

ok

Uploaded by

Fabi Ansari
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
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MEDHASWI ENFORCEMENT & LEGAL SERVICE

Rohit Kumar Payal Nimesh


Advocate Advocate
Office:- Office No 06, Madhav Complex , Rajvansh Vihar Garh Road Meerut-250004
Contact :- 7300601626, 7300701626 Email :- medhaswienforcement@gmail.com

Reff: MELS/HINDUJA/MRT/285 Date: 21.08.2024

STATUS OF REPORT: POSITIVE

To,

M/S HINDUJA HOUSING FINANCE LTD. (HHFL)


BRANCH-BIJNOR, U.P.

SUBJECT: LEGAL SCRUTINY REPORT IN RESPECT OF FILE OF APPLICANT MR.


ABHAY PAL SINGH & CO- APPLICANT MRS. VAISHALI THAKUR

Appl. No: DL/BIJ/DHAM/A000000111


Loan Amount: NA
Loan Type: LAP -LIH
Dear Sir/Madam,

As desired by you vide your letter, we are furnishing hereunder the legal scrutiny
report in respect of the property, details of which is mentioned in Part-I, which is
presently owned by Mrs. Vaishali Thakur

PART I- DESCRIPTION OF THE PROPERTY:

A Residential House admeasuring area 135.78 Sq. Mtrs. Out of Khasra No. 182
Situated at Village Kaushaliya Pargana Basta & Tehsil Chandpur Distt. Bijnor
(U.P.) (Hereinafter called the said Property)

Boundaries as per Gift Deed

East: 12.ft 6 Inches Wide Road

West: House of Raj Kumar

North: 13.Ft Wide Road

South: house of Raj Kumar


PART II- LIST OF DOCUMENTS SUBMITTED BEFORE ME/US FOR SCRUTINY

Dear Sir,

I have Perused following Photocopy Copies of documents given by you in respect of above
referred property for the purpose of giving my legal opinion for creating an equitable
mortgage viz : -

1. Photocopy of Khatoni Fasli 1427-1432, Related to Khasra No. 182 in


favor of Mr. Abhay Pal Singh S/o Mr. Rishal Singh Along with others
issued by concern Authority.( KCC Mentioned )
2. Photocopy of Gift Deed Dated 23.08.2024 Executed by Mr. Abhay Pal
Singh S/o Mr. Rishal Singh in favor of Mrs. Vaishali Thakur W/o Mr.
Abhay Pal Singh in respect of A Residential House admeasuring area
135.78 Sq. Mtrs. Out of Khasra No. 182 Situated at Village Kaushaliya
Pargana Basta & Tehsil Chandpur Distt. Bijnor (U.P.) Which was duly
registered in the office of Sr- Chandpur As per book No 01, Vol No. 12537
Page 121-136 Document No 14647 Dated 23.08.2024

PART III- FLOW OF TITLE OF PROPERTY (HISTORY OF TITLE)

1. This is a free hold residential property.

2. Initially, Khatoni Related to Khasra No. 182 in favor of Mr. Abhay Pal Singh
S/o Mr. Rishal Singh Along with others issued by concern Authority.

3. Finally, Gift Deed Dated 23.08.2024 Executed by Mr. Abhay Pal Singh S/o Mr.
Rishal Singh in favor of Mrs. Vaishali Thakur W/o Mr. Abhay Pal Singh in
respect of A Residential House admeasuring area 135.78 Sq. Mtrs. Out of
Khasra No. 182 Situated at Village Kaushaliya Pargana Basta & Tehsil
Chandpur Distt. Bijnor (U.P.) Which was duly registered in the office of Sr-
Chandpur As per book No 01, Vol No. 12537 Page 121-136 Document No
14647 Dated 23.08.2024

In this Manner the said Mrs. Vaishali Thakur W/o Mr. Abhay Pal Singh Is the

current owner in respect of the said property A Residential House admeasuring

area 135.78 Sq. Mtrs. Out of Khasra No. 182 Situated at Village Kaushaliya

Pargana Basta & Tehsil Chandpur Distt. Bijnor (U.P.)

PART IV- EVIDENCE OF TITLE OF PROPERTY:

Gift Deed Dated 23.08.2024 Executed by Mr. Abhay Pal Singh S/o Mr.
Rishal Singh in favor of Mrs. Vaishali Thakur W/o Mr. Abhay Pal Singh in
respect of A Residential House admeasuring area 135.78 Sq. Mtrs. Out of
Khasra No. 182 Situated at Village Kaushaliya Pargana Basta & Tehsil
Chandpur Distt. Bijnor (U.P.) Which was duly registered in the office of
Sr- Chandpur As per book No 01, Vol No. 12537 Page 121-136 Document
No 14647 Dated 23.08.2024
PART V- OTHER PROVISIONS: -

Whether provisions of Urban Land Ceiling Act are applicable?


Not Applicable.
Whether property to be given as security is subject to any minor’s claim/share?
NO.
Whether the property is affected by any revenue and tenancy regulations?
NO
Whether the user land has been converted into Non-Agricultural for Residential use by
the order of the competent Authority?
Residential Colony
Whether up to date tax/Land Revenue has been paid on the property.
Receipt not furnished to us, company has to be obtained the same.
Whether all original documents for last 13 years have been scrutinized?
Xerox copies only.
Whether required documents are available for creating mortgage?
As per our information, YES
Whether all previous owners had the right/competency to transfer the property?
YES
Whether proposed mortgage by deposit of title deeds is possible?
Yes.
Whether the property has been transferred /to be transferred by a POA holder of the
original land owner in favor of the loan Applicant?
NO.
Whether POA holder of original land owner has/had authority under POA.
N.A.
Whether the entire POA as recorded in 5.11 is registered?
N.A.
What is the tenure of the land if it leased?
This is a Free Hold Property
Whether the land is Adivasi (Tribal) Land?
NO.
Whether the land/property is joint family property?
NO.
Is the land/property/flat is subject to any reservations/acquisitions/requisitions?
As per our information & documents furnished to us.
NO.
Whether Search Report is obtained and submitted?
Search Report Details: Sub-Registrar- Chandpur
Search Conducted Years: 2011-2024
Search Report Date:

Whether Builder is a Private/Limited Company?


N.A.

ROC Search Report Submitted/Carried Out


Any Charge/Mortgage is created on the Project/Property/Flat/Apartment
If Mortgage/Charged, Name of the Bank/FI

Whether NOC/Release Letter Obtained or Not


PART VI: CERTIFICATE: -
In view of the foregoing, I/We certify that the title deeds intended to be deposited relating
to the property and offered as security by way of equitable mortgage and the documents of
title referred to above are perfect evidence of the title and that if the entire equitable
mortgage is created in the manner required by law it would satisfy the requirements of
creation of equitable mortgage

We confirm that in the event of default by the borrower the subject property could be enforced
under the SARFAESI Act, provided that the security interest/collateral security has been registered
with the Central Registry, which is mandatory as per Section 26(d) of the SARFAESI Act and the
threshold/conditions set for NBFC under the SARFAESI Act is met.

The mortgage if created will be available to HHFL for the liability of the Intending Borrower.

The following original documents are required to be deposited for creation of equitable mortgage
in the below mentioned step

STEPS/DOCUMENTS REQUIRED TO BE TAKEN/COLLECTED BY HINDUJA HOUSING FINANCE LTD AT


PRE DISBURSEMENT

1. CTC of Khatoni Related to Khasra No. 182 in favor of Mr. Abhay Pal Singh
S/o Mr. Rishal Singh Along with others issued by concern Authority.
2. Original Gift Deed Dated 23.08.2024 Executed by Mr. Abhay Pal Singh
S/o Mr. Rishal Singh in favor of Mrs. Vaishali Thakur W/o Mr. Abhay Pal
Singh in respect of A Residential House admeasuring area 135.78 Sq.
Mtrs. Out of Khasra No. 182 Situated at Village Kaushaliya Pargana Basta
& Tehsil Chandpur Distt. Bijnor (U.P.) Which was duly registered in the
office of Sr- Chandpur As per book No 01, Vol No. 12537 Page 121-136
Document No 14647 Dated 23.08.2024
3. Photocopy of NOC in respect of KCC Mentioned in Khatoni
4. Original registered Mortgage Deed to be Executed by Mrs. Vaishali
Thakur in Favor of Hinduja Housing Finance ltd
5. Photocopy of Possession Proof in Favor of Borrower

POST DISBURSEMENT COLLECTED BY THE HINDUJA HOUSING FINANCE LTD


LAWYER:

1. N.A.

DOCUMENTS FOLLOWED BY THE HINDUJA HOUSING FINANCE LTD:

N/A
NOTE/DISCLAIMER:

1. This report does not comment on: (a) The technical regularity (adherence to by-
laws/approvals) or otherwise of the entire property, (b) Whether the entire property is a
subject matter of any pending litigation or dispute pending in any court of law, (c) Authenticity
of the originals of the document/s examined (that is to be verified through a separate
verification of the original title document/s). All the above is outside the scope of work in
reference to this report.
2. This report does not comment on: (a) The technical regularity (adherence to by-
laws/approvals) or otherwise of the entire property, (b) Whether the entire property is a
subject matter of any pending litigation or dispute pending in any court of law, (c) Authenticity
of the originals of the document/s examined (that is to be verified through a separate
verification of the original title document/s). All the above is outside the scope of work in
reference to this report.
3. The in section of index records as being made available at the office of concerned sub-
registrar, are normally incomplete, scattered in nature & manually managed, due to which

it is out of scope our work to find out other registered entries (if any) related to the entire

property.

4. Technical clearance should be obtained relating to construction and in confirmation that


the entire property sought to be mortgaged is clearly demarcated, constructed as per

sanctioned plan and also ensure that the area of the floor/property has been regularized

As desired the documents as received are returned herewith.

Should you require any further clarification and /or clarification please do revert to us.

Digitally signed Thanking You,


ROHIT by ROHIT
KUMAR
Authorized Signature
KUMAR Date:
2024.08.23 Medhaswi Enforcement & Legal Service
18:41:51 +05'30'

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