1
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
To
The Credit Manger
Ujjivan Small Finance Bank (USFB)Ltd.,
Gandhi Maidan, Branch,
Patna Bihar
EXHIBITION ROAD BRANCH
LOS ID- 00036120000028 ( Kesariya Location)
Applicant- Alok Kumar Yadav (P.O- Most Rambha Kunwar )
Product- HSCL
NATURE OF PROPERTY TO BE MORTGAGED- KEWALA PROPERTY
Equitable MORTGAGE CASE
REPORT-POSITIVE
Sir/Madam,
Ref:-With regard Title Scrutiny in respect of proposed property to be mortgaged having Area- 10
dismils i.e. 1 katha 14 dhurs pertaining to Thana no.- 246 Tauzi no.- 951 Khesra no.- 39 Khata
no.- 235
SITUATED AT
Mauza – Kadhan and Daulta, Anchal + P.S- Kesariya, Sub- Registration Office- Kesariya,
District- East Champaran
1. Name of the Borrower : Applicant- Alok Kumar Yadav
2. Name of the proposed Mortgagor : Mortgagor / Co-Applicant– Most Rambha
Kunwar, W/o- Late Laxman Ray, Resident of
Mohalla- Kadhan P.S- Kesariya, District-
East Champaran
3. Extent and Description of the : Area- 10 dismils i.e. 1 katha 14 dhurs pertaining
property proposed to be mortgaged to Thana no.- 246 Tauzi no.- 951
with boundaries: Khesra no.- 39 Khata no.- 235
A) Give the specific number
SITUATED AT
&address of the Plot, House,
Mauza – Kadhan and Daulta, Anchal + P.S-
Flat, Shop etc.
Kesariya, Sub- Registration Office-
Kesariya, District- East Champaran
2
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
Total Area:- 10 dismils i.e. 1 katha 14
dhurs
B) State specifically whether the
(SUBJECT TO POSITIVE TECHNICAL)
property is in agricultural,
A. Agricultural in nature as per sale
non- agricultural, commercial,
deed
residential or industrial area.
4. Nature of proposed Mortgagor’s right : Freehold property
or title in the property [whether lease
Self- acquired property of Most Rambha
hold, free hold, co-owner, joint owner
Kunwar
or any other type (state specifically)]
and how it is derived (whether self- Absolute Ownership by virtue of Sale Deed no-
acquired, ancestral, inheritance, 3967 dated 29.12.2008 in the name of Most
succession etc.) Rambha Kunwar
5. Whether the property is Site / Plot / : Agricultural in nature as per sale deed
Land with Building / Building / Flat
6. Boundaries of property As Per sale Deed
North:- Prabhu Ray
South:- Khesra no. 28
East:- Sanjay Sharma
West: - Mustari
7. Documents scrutinized (in chronological order): (ANNEXURE- I)
Sl. Type / Nature of Date of Execution Document Number & Date of Parties to the Whether
registration / Lien in
No. Document Document Original
Revenue Records / Builder’s
Records / Society Records verified
1. Absolute sale No. 3967 dated 29.12.2008 Executed by Kuldip Ray In favor of Most Photocopy
deed Rambha Kunwar
2. LTR No. 03102310510140945925 In respect of area- 10 In the name of present Online copy
dated 03.10.2023 For the dismils in Khesra no.- 39 in property owner Most
period 2008-09 to 2023-24 khata no.- 235 Rambha Kunwar
3. Jamabandi Panji Having computerized In respect of area- 10 In the name of present Online copy
Prati Jamabandi no.- dismils in Khesra no.- 39 in property owner Most
213104700100614 khata no.- 235 Rambha Kunwar
3
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
8. Tracing of Title & Chain of title:
After perusal of the documents available on record it transpires that Area- 10 dismils i.e. 1 katha 14 dhurs
pertaining to Thana no.- 246 Tauzi no.- 951 Khesra no.- 39 Khata no.- 235
SITUATED AT Mauza – Kadhan and Daulta, Anchal + P.S- Kesariya, Sub- Registration Office- Kesariya, District-
East Champaran was Khatiyani ( Mourusi ) property of Kuldip Ray ( vendor of present property owner Most
Rambha Kunwar ) and Kuldip Ray came into possession over the present property by virtue of khangi Batwara
with farikains and since then remained din continuous possession over the present property
WHEREAS
Thereafter the aforesaid Kuldip Ray being the absolute owner of the present property has executed the present
Absolute sale deed No. 3967 dated 29.12.2008 Executed by Kuldip Ray In favor of Most
Rambha Kunwar
WHEREAS
Thereafter the present property owner Rambha Kunwar came into possession over area- 10 dismils ( other
property details as given above ) as is evident from LTR No. 03102310510140945925 dated 03.10.2023
For the period 2008-09 to 2023-24 In respect of area- 10 dismils in Khesra no.- 39 in khata no.- 235
In the name of present property owner Most Rambha Kunwar AND Jamabandi Panji Prati Having
computerized Jamabandi no.- 213104700100614 In respect of area- 10 dismils in Khesra no.- 39 in khata
no.- 235 In the name of present property owner Most Rambha Kunwar ON THE BASIS OF WHICH the
applicant Alok Kumar Singh and the present property owner Rambha Kunwar intends to procure loan from USFB
Ltd.
LEGAL OBSERVATION/OPINION
1. 13 years title flow complete – as the present sale deed in the name of Most Rambha Kunwar is of the year
2008
2. Equitable mortgage case – perfect collateral- for creation of charge and valid mortgage in favor of USFB
Ltd.- as the present property is being Kewala property of present property owner Usha Devi
3. Documents available on record and online verification of property documents shows no discrepancy with
title deed and other consequential revenue documents are in order.
Therefore
USFB Ltd advised to proceed in this case on the basis of documents prescribed under annexure-2 LSR
9. Whether the documents scrutinized are Yes- Documents scrutinized shows clear
complete and sufficient to convey a clear, valid right and title in favor of the present property
and marketable title owner having Absolute ownership over the
property.
10. Whether the proposed Mortgagor has a clear and Yes- The present property owner / mortgagor /
marketable title to the property and whether he/it co-applicant has a clear and marketable title over
is legally capable of creating charge thereon in the property & has right for creation of valid
4
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
favour of the bank. charge thereon in favor of USFB Ltd.
11. The position with regard to tenancy laws, if any, N.A
which might affect the banks in eventually taking
possession of or selling the properties or
otherwise exercising its rights as mortgagor
12. Whether any consent or permission of any N.A
antecedent owner/lessor/Statutory Authority is
necessary to create equitable mortgage in Bank's
favour and if so, whether it has been obtained
13. Whether Planning Permit/Approved Plan as per N.A
the Town/Country Planning Act/similar Statute is
available
14. Whether the exemption/permission/consent of Ceiling Act has been abolished in the year 2006
the Competent Authority under the Urban Land by Govt. of Bihar.
(Ceiling & Regulation Act) 1976 is required for
creation of mortgage in our favour and if so,
whether it has been obtained
15. Whether the title deeds are properly and Yes
adequately stamped
16. Whether minor’s rights are involved in the No
property
17. Whether the property is enforceable under the Yes
provisions of Securitization and Reconstruction of
Financial Assets and Enforcement of Security
Interests Act
18. Whether there are any other restrictions in No
creating charge in favour of the Bank
19. Whether the title is clear and property is free from On the basis of available documents title of the
any encumbrances (enclose relevant receipts of land owner is clear and marketable.
search)
20. Number of years (minimum period of 13 years) 13 Years search to be conducted in the
for which search made in SRO/RO concerned SRO Kesariya ( East Champaran )
5
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
Office Presently NEC Awaited
21. Whether name of proposed mortgagor is mutated Jamabandi Panji Prati Having
in Municipal / Panchayat records / Village records computerized Jamabandi no.-
213104700100614 In respect of area- 10
dismils in Khesra no.- 39 in khata no.- 235
In the name of present property owner
Most Rambha Kunwar
WHEREAS
Perusal of Jamabandi Panji Prati Shows no
Discrepancy with the TITLE DEED.
22. Whether provisions of SARFAESI Act, 2002 YES
applicable
23. Nature of Mortgage suggested (Equitable Equitable Mortgage
Mortgage/Simple Mortgage)
24. Is the chain of title deeds unbroken/complete Complete
25. List out the title deeds/documents to be deposited to create Equitable Mortgage:
BEFORE DISBURSEMENT (ANNEXURE-II)
Sl. Type / Nature Date of Execution Document Number & Date In favor / name of Original /
No: of Document of registration / Lien in Xerox /
Revenue Records / certified
Builder’s Records / Society
Records
1. Absolute sale No. 3967 dated 29.12.2008 Executed by Kuldip Ray In favor of Most Original
deed Rambha Kunwar
2. LTR No. 03102310510140945925 In respect of area- 10 dismils In the name of present Online copy
dated 03.10.2023 For the in Khesra no.- 39 in khata no.- property owner Most
period 2008-09 to 2023-24 235 Rambha Kunwar
3. Jamabandi Having computerized In respect of area- 10 dismils In the name of present Online copy
Panji Prati Jamabandi no.- in Khesra no.- 39 in khata no.- property owner Most
213104700100614 235 Rambha Kunwar
4. NEC AWATED Of SRO Kesariya ( East In the name of Most Original
Champaran ) Rambha Kunwar
LIST OF POST DISBURSEMENT DOCUMENTS (PDD) (ANNEXURE- III):
6
RAJESH KUMAR RESIDENCE/OFFICE
ADVOCATE (A.O.R) (M.A L.L.B) D/59 J.P NAGAR
PATNA HIGH COURT, PATNA PATNA- 800025
MOB NO.- 9905019300/8789955029 rksharmaramjas@gmail.com
Dated:-07.11.2023
Sl. Type / Nature Date of Execution Document Number & Date In favor / Original /
of Document of registration / Lien in name of Xerox /
No: Revenue Records / certified
Builder’s Records / Society
Records
1. N.A N.A N.A N.A N.A
In respect of Non-availability those Documents as mentioned in Annexure-II (Pre-Disbursement Documents) OTC to be
obtained (as PDD Documents) as per company’s policy and credit approval BUT subject to compliance of Annexure-II
documents before handing over the pay order.
26. Name of person who is competent to create Mortgage Most Rambha Kunwar W/o- Late Laxman Ray
27. Whether all original deeds are available and scrutinized Documents available on record are in order and appears to
documents are duly executed and registered. There is no be Genuine as duly executed / registered / issued by
doubt/suspicion as to their genuineness or existence. competent authorities of their respective jurisdiction.
28. Final Certificate/Opinion: -
In my opinion Most Rambha Kunwar W/o- Late Laxman Ray has/have a clear and marketable title over the present property
having Area- 10 Dismils by virtue of sale deed No. 3967 dated 29.12.2008 the present property and EQUITABLE Mortgage,
if created, shall be valid mortgage in accordance with law in favor of USFB Ltd.
29. MODIFICATION:- N.A
Dated:-07.11.2023
(RAJESH KUMAR)
Advocate
