ANNEXURE-B

REPORT OF INVESTIGATION OF TITLE IN RESPECT OF IMMOVABLE PROPERTY

(All column/ items are to be completed / commented by Advocate)

Name of the Branch/ Business Unit/Office seeking opinion. RASMECCC CUM SARC DIBRUGARH(10679)
a

Reference No. and date of the letter under the cover of REF NO. : 501250319050866
b which the documents tendered for scrutiny are forwarded. DATE : 04/04/2025
1

c Name of the Borrower. 1. MR.DHARMESWAR DAS

2. MRS.SHANTI DAS

a Type of Loan HOME LOAN

2
b Type of property RESIDENTIAL BUILDING

Name of the unit/concern/ company/person offering the

a 1. DHARMESHWAR DAS
property/ (ies) as security.

Constitution of the unit/concern/ person/body/authority

3 b offering the property for creation of charge. DHARMESHWAR DAS

State as to under what capacity is security offered

c (whether as joint applicant or borrower or as guarantor, BORROWER
etc.)

4 a Value of Loan (Amount In Rupees) 30,00,000.00

Complete or full description of the immovable property (ies) offered as security including the following details.

a Survey No. 999

b Door/House no. (in case of house property) 999

5

Extent/ area including plinth/ built up area in case of 2800

c
house property

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 Locations like name of the place, village, city, registration, Tekela chiring Gaon
5 d
sub-district etc. Boundaries.

Particulars of the documents scrutinized serially and YES

a
chronologically.

Nature of documents verified and as to whether they are

6 originals or certified copies or registration extracts duly
certified.
b
Note: Only originals or certified extracts from the
registering/land/ revenue/other authorities be examined.

Sr No Date Name / Nature of document Original/ In case of Whether

certified copy/ copies, whether Document
certified the original was required for EM
extract/ scrutinized by Creation
photocopy etc. the advocate.

1 10-03-2025 Jamabandi CERTIFIED YES YES

EXTRACT

Whether certified copy of all title documents are 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 -
a
and relevant fee receipts along with the TIR.)(HL:If the
value of loan=>Rs.1 crore and in case of commercial loans
irrespective of the loan component)

7
Whether all pages in the certified copies of title documents
which are obtained directly from Sub-Registrar's office
have been verified page by page with the original
documents submitted? -
b
(In case originals title deed is not produced for comparing
with the certified or ordinary copies, the matter should be
handled more diligently & cautiously).

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 Whether the records of registrar office or revenue
authorities relevant to the property in question are YES
a
available for verification through any online portal or
computer system?

If such online/computer records are available, whether any

b verification or cross checking are made and the YES
comments/ findings in this regard.
8 Whether the genuineness of the stamp paper is possible to
be got verified from any online portal and NO
c
if so whether such verification was made? -

Whether proper registration of documents completed. YES

d
Details thereof to be provided. Shanti Das

Property offered as security falls within the jurisdiction of Yes

a
which sub-registrar office?

Whether it is possible to have registration of documents in

respect of the property in question, at more than one office YES
9 of sub-registrar/ district registrar/ registrar- general.
b
Circle office
If so, please name all such offices?

Whether search has been made at all the offices named at YES
c
(b) above?

Whether the searches in the offices of registering

authorities or any other records reveal registration of NO
d
multiple title documents in respect of the property in
question?

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 Chain of title tracing the title from the oldest title deed to
the latest title deed establishing title of the property in YES
a
question from the predecessors in title/interest to the
current title holder.

Wherever Minor's interest or other clog on title is involved,

search should be made for a further period, depending on
the need for clearance of such clog on the Title.
In case of property offered as security for loans of Rs.1.00
b crore and above, search of title/ encumbrances for a Search ok
period of not less than 30 years is mandatory. (Separate
10 Sheets may be used)

Nature of Minor's interest, if any and if so, whether creation

of mortgage could be possible, the modalities/procedure to
c be followed including court permission to be obtained and Ok
the reasons for coming to such conclusion.

Nature of Title of the intended Mortgagor over the Property

(whether
full ownership rights,
a Leasehold Rights,
Occupancy/ Possessory
Rights or Inam Holder or Govt. Grantee/ Allottee etc.)

If Ownership Rights,

11

a Details of the Conveyance Documents Jamabandi

b Whether the document is properly stamped. YES

c Whether the document is properly registered. YES

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 If leasehold,whether;

a The Lease Deed is duly stamped and registered -

The lessee is permitted to mortgage the Leasehold right, -

b

c duration of the Lease/unexpired period of lease, -

if, a sub-lease, check the lease deed in favour of Lessee

d as to whether Lease deed permits sub-leasing and -
mortgage by Sub-Lessee also.

Whether the leasehold rights permit for the creation of any -

e
superstructure (if applicable)?

Right to get renewal of the leasehold rights and nature -

f
thereof.
-

11

If Govt. grant/ allotment/Lease-cum/Sale

Agreement / Occupancy / Inam Holder / Allottee etc,
whether;

grant/ agreement etc. provides for alienable rights to the -

a
mortgagor with or without conditions?

the mortgagor is competent to create charge on such -

b
property?
any permission from Govt. or any other authority is -
required for creation of mortgage and
c
if so whether such valid permission is available? -

If occupancy right, whether;

a Such right is heritable and transferable, -

b Mortgage can be created. -

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 Has the property been transferred by way of NO
a
Gift/Settlement Deed
The Gift/Settlement Deed is duly stamped and registered; -
b

The Gift/Settlement Deed has been attested by two -

c
witnesses;
Whether there is any restriction on the Donor in executing -
d
the gift/settlement deed in question?
The Gift/Settlement Deed transfers the property to Donee; -
e

Whether the Donee has accepted the gift by signing the

f Gift/Settlement Deed or by a separate writing or by -
implication or by actions?
Whether the Donee is in possession of the gifted property? -
12 g

Whether any life interest is reserved for the Donor or any

h other person and whether there is a need for any other -
person to join the creation of mortgage;

Any other aspect affecting the validity of the title passed -

i
through the gift/settlement deed.

Has the property been transferred by way of partition / NO

family settlement deed
Whether the original deed is available for deposit. If not the
a modality/procedure to be followed to create a valid and NA
enforceable mortagage.

b Whether mutation has been effected YES

Whether the mortgagor is in possession and enjoyment of YES
c
his share.
Whether the partition made is valid in law and the
13 d mortgagor has acquired a mortgageable title thereon. YES

In respect of partition by a decree of court, whether such

decree has become final and all other conditions/ YES
e
formalities are completed/ complied with.

Whether any of the documents in question are executed in

counterparts or in more than one set? If so, additional NA
f
precautions to be taken for avoiding multiple mortgages?

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 Whether the title documents include any testamentary NA
documents /wills?

In case of wills, whether the will is registered will or -

a
unregistered will?

Whether will in the matter needs a mandatory probate and

b if so whether the same is probated by a competent court? -

Whether the property is mutated on the basis of will? -

c

d Whether the original will is available? -

Whether the original death certificate of the testator is -

14 e
available?

What are the circumstances and/or documents to establish

f the will in question is the last and final will of the testator? -

Comments on the circumstances such as the availability of

a declaration by all the beneficiaries about the
genuineness/ validity of the will, all parties have acted -
g
upon the will, etc., which are relevant to rely on the will,
availability of Mother/Original title deeds are to be
explained.

Whether the property is subject to any wakf rights /

belongs to church / temple or any religious / other NO
institutions
15
any restriction in creation of charges on such properties ? NO
a

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 Precautions/ permissions, if any in respect of the above None
15 b
cases for creation of mortgage ?

a Where the property is a HUF/joint family property? NO

Whether mortgage is created for family benefit/legal

necessity,whether the Major Coparceners have no NA
b
16 objection/join in execution, minor's share if any, rights of
female members etc.

Please also comment on any other aspect which may

c adversely affect the validity of security in such cases? None

Whether the property belongs to any trust or is subject to NO

a
the rights of any trust?

Whether the trust is a private or public trust and whether

b trust deed specifically authorizes the mortgage of the -
property?

If YES, additional precautions/permissions to be obtained -

c
for creation of valid mortgage?

17

Requirements, if any for creation of mortgage as per the

d central/state laws applicable to the trust in the matter. None

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 Is the property an Agricultural land NO

whether the local laws permit mortgage of Agricultural land

a and whether there are any restrictions for -
creation/enforcement of mortgage?

In case of agricultural property other relevant

18 records/documents as per local laws,if any are to be
b -
verified to ensure the validity of the title and right to
enforce the mortgage?

In the case of conversion of Agricultural land for

c commercial purposes or otherwise, whether requisite -
procedure followed/permission obtained?

Whether the property is affected by any local laws or

special enactments or other regulations having a bearing
on the security creation / mortgage (viz. Agricultural Laws, NA
a
weaker Sections, minorities, Land Laws, SEZ regulations,
19 Costal Zone Regulations, Environmental Clearance, etc.)?

Additional aspects relevant for investigation of title as per None

b
local laws.

Whether the property is subject to any pending or NO

a
proposed land acquisition proceedings?
20
Whether any search/enquiry is made with the Land
b Acquisition Office and the outcome of such NA
search/enquiry?

Whether the property is involved in or subject matter of

a any litigation which is pending or concluded? NA

If so, whether such litigation would adversely affect the

b creation of a valid mortgage or have any implication of its -
21 future enforcement?

Whether the title documents have any court seal/ marking

which points out any litigation/ attachment/security to court
c in respect of the property in question? In such case please -
comment on such seal/marking?

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 In case of partnership firm, whether the property belongs
a to the firm and the deed is properly registered? NA

Property belonging to partner(s), whether thrown on

hotchpot? NA
22 b
Whether formalities for the same have been completed as NA
per applicable laws?

Whether the person(s) creating mortgage has/have

c authority to create mortgage for and on behalf of the firm? NA

Whether the property belongs to a Limited Company,

check the Board resolution, authorisation to create
mortgage/execution of documents, Registration of any NA
a
prior charges with the Company Registrar (ROC), Articles
of Association /provision for common seal etc.

Whether the property (to be mortgaged) is purchased by

the above Company from any other Company or Limited NA
b1
Liability Partnership (LLP) firm ?

23
If yes, whether the search of charges of the property (to be
mortgaged) has been carried out with Registrar of
b2 Companies (RoC) in respect of such vendor company / -
LLP (seller) and the vendee company (purchaser) ?

Whether the above search of charges reveals any prior

charges/encumbrances, on the property (proposed to be -
b3
mortgaged) created by the vendor company (seller) ?

If the search reveals encumbrances / charges, whether

b4 such charges / encumbrances have been satisfied -

In case of Societies, Association, the requireed

authority/power to borrow and whether the mortagage can NA
24
be created, and the requisite resolutions, bye-laws.

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 Whether any POA is involved in the chain of title during the NO
a
period of search?

Whether the POA involved is one coupled with interest, i.e.

a Development Agreement-cum-Power of Attorney. If so,
please clarify whether the same is a registered document -
b
and hence it has created an interest in favour of the
builder/developer and as such is irrevocable as per law.

In case the title document is executed by the POA holder,

please clarify whether the POA involved is (i) one
executed by the Builders viz. Companies/ Firms/Individual
or Proprietary Concerns in favour of their Partners/
c Employees/ Authorized Representatives to sign Flat
Allotment Letters, NOCs, Agreements of Sale, Sale
Deeds, etc. in favour of buyers of flats/units (Builder's
POA) or (ii) other type of POA (Common POA).

In case of Builder's POA, whether a certified copy of POA

d is available and the same has been verified/compared with -
the original POA.
In case of Common POA (i.e. POA other than Builder's
POA), please clarify the following clauses in respect of
POA.
i) Whether the original POA is verified and the title
e investigation is done on the basis of original POA?
25 ii) Whether the POA is a registered one?
iii) Whether the POA is a special or general one?
iv) Whether the POA contains a specific authority for
execution of title document in question?

Whether the POA was in force and not revoked or had

become invalid on the date of execution of the document
f in question? (Please clarify whether the same has been -
ascertained from the office of sub-registrar also?)

g Please comment on the genuineness of POA? -

The unequivocal opinion on the enforceability and validity -

h
of the POA.

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 Whether mortgage is being created by a POA holder,
check genuineness of the Power of Attorney and the
extent of the powers given therein and whether the same -
26
is properly executed/ stamped/ authenticated in terms of
the Law of the place, where it is executed.

If the property is a flat/apartment or residential/commercial NO

I
complex

a Promoter's/Land owner's title to the land/ building; -

b Development Agreement/Power of Attorney; -

c Extent of authority of the Developer/builder; -

Independent title verification of the Land and/or building in -

d
question;

e Agreement for sale (duly registered); -

f Payment of proper stamp duty; -

27 Requirement of registration of sale agreement, -

g
development agreement, POA, etc.;

Approval of building plan, permission of appropriate/local -

h
authority, etc.;

Conveyance in favour of Society/Condominium concerned; -

i

Occupancy Certificate/allotment letter/letter of possession; -

j

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 k Membership details in the Society etc.; -

l Share Certificates; -

m No Objection Letter from the Society; -

All legal requirements under the local/Municipal laws,

regarding ownership of flats/Apartments/Building
n Regulations, Development Control Regulations, Co- -
operative Societies' Laws etc.;

27 Requirements, for noting the Bank charges on the records -

o
of the Housing Society, if any;

If the property is a vacant land andconstruction is yet to be

p made, approval of layout and other precautions, if any. -

Whether the numbering pattern of the units/flats tally in all

q documents such as approved plan, agreement plan, etc. -

Whether the Real Estate Project comes under Real Estate

II. A (Regulation and Development)Act,2016? Y/N. NA

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 Whether the project is registered with the Real Estate
Regulatory Authority? NA
II. B
If so, the details of such registration are to be furnished, -

Whether the registered agreement for sale as prescribed

II. C in the above Act/Rules there under is executed? NA

Whether the details of the apartment/ plot in question are

verified with the list of number and types of apartments or
II. D plots booked as uploaded by the promoter in the website NA
of Real Estate Regulatory Authority?

Encumbrances, Attachments, and/or claims whether of

Government, Central or State or other Local authorities or No encumberence
28
Third-Party claims, Liens etc. and details thereof.

The period covered under the Encumbrances Certificate

and the name of the person in whose favour the No encumberence
29
encumbrance is created and if so, satisfaction of charge, if
any.

Details regarding property tax or land revenue or other

30 statutory dues paid/payable as on date and if not paid, None pending
what remedy?

Urban land ceiling clearance, whether required and if so, No

a
details thereon
31

Whether No Objection Certificate under the Income Tax NA

b
Act is required / obtained?

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 Details of RTC extracts/mutation extracts/ Katha extract Lot no 2
a
pertaining to the property in question.
32

Whether the name of mortgagor is reflected as owner in YES

b
the revenue/Municipal/Village records?

Whether the property offered as security is clearly YES

a
demarcated?

Whether the demarcation/ partition of the property is YES

b
33 legally valid?

Whether the property has clear access as per

documents?(The property should be legally accessible YES
c
through normal carriers to transport goods to
factories/houses, as the case may be).

Whether the property can be identified from the following

documents, : Document in relation to Sales Tax Registration, if
a) Document in relation to electricity connection; any applicable
a b) Document in relation to water connection;
c) Document in relation to Sales Tax Registration, if any -
applicable;
d) Other utility bills, if any.

34

Discrepancy/doubtful circumstances, if any revealed on None

b
such scrutiny?

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 Whether the documents i.e. Valuation report / approved
sanction plan reflect / indicate any difference / discrepancy
in the boundaries in relation to the Title Document / other
document.(If the valuation report and /or approved plan YES
35 a
are not available at the time of preparation of TIR, please
provide these comments subsequently, on receipt of the
same).

Whether the Bank will be able to enforce SARFAESI Act, if

a required against the property offered as security? YES

36
b Property is SARFAESI compliant (Y/N) YES

Whether original title deeds are available for creation of YES

a
equitable mortgage

In case of absence of original title deeds,details of legal

37 and other requirements for creation of a proper,valid and
enforceable mortgage by deposit of certified extracts duly No absence
b
certified etc.,as also any precaution to be taken by the
Bank in this regard.

Additional suggestions, if any to safeguard the interest of

38 Bank/ ensuring the perfection of security. Ok

The specific persons who are required to create Shanti Das

39
mortgage/to deposit documents creating mortgage.

Note: In case separate sheets are required, the same may be used, signed and annexed.

NAME OF THE ADVOCATE : JAINUDDIN AHMED

MOBILE NO. : 8403973962

EMAIL ID : [email protected]

ADDRESS : DIBRUGARH BAZAAR COAL ROAD

DATE : 08-04-2025 12:04:12

Report signed digitally and signature is not required.

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 Annexure-C

Certificate of title

I have examined the Original Title Deeds intended to be deposited relating to the schedule property/(ies) and offered as
security by way of EQUITABLE Mortgage (*please specify the kind of mortgage)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:

2. I have examined the Documents in detail, taking into account all the Guidelines in the check list vide Annexure-B and
the other relevant factors.

3. I confirm having made a search in the Land/ Revenue records. I also confirm having verified and checked the records
of the relevant Government Offices, /Sub Registrar(s) Office(s), Revenue Records, Municipal/ Panchayat Office, Land
Acquisition Office, Registrar of Companies Office, Wakf Board (wherever applicable). 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 Land Records/Revenue Records,relative Title Deeds,certified copies of such title deeds obtained
from the concerned registrar office and encumbrance certificate(EC),I hereby certify the genuineness of the Title Deeds.
Suspicious/ Doubt, if any,has been clarified by making necessary enquiries.

5. There are no prior Mortgage/ Charges/ encumbrances whatsoever, as could be seen from the Encumbrance Certificate
for the period from 24/03/25 to 24/03/25 pertaining to the Immovable Property/(ies) covered by above said Certified copies
Title Deeds. The property is free from all Encumbrances.

6. 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).

7. Minor/(s) and his/ their interest in the property/(ies) is to the extent of NA ,- (Specify the share of the Minor with Name).
(Strike out if not applicable).

8. The Mortgage if created, will be available to the Bank for the Liability of the Intending Borrower, MR.DHARMESWAR
DAS, MRS.SHANTI DAS.

9. I certify that DHARMESHWAR DAS has / have an absolute, clear and Marketable title over the Schedule property/
(ies). I further certify that the above title deeds are genuine, and a valid mortgage can be created and the said Mortgage
would be enforceable.

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10. In case of creation of Mortgage by Deposit of title deeds, we certify that the deposit of following title deeds/ documents
would create a valid and enforceable mortgage:

Sr No Date Name / Nature of document Original/ certified copy/ certified

extract/ photocopy etc.

1 10/3/25 12:00 Jamabandi CERTIFIED EXTRACT

AM

11. There are no legal impediments for creation of the Mortgage under any applicable Law/ Rules in force.

12. It is certified that the property is SARFAESI compliant.

SCHEDULE OF THE PROPERTY (IES)

Dag 1355 PP no 1199

NAME OF THE ADVOCATE : JAINUDDIN AHMED

MOBILE NO. : 8403973962

EMAIL ID : [email protected]

ADDRESS : DIBRUGARH BAZAAR COAL ROAD

DATE : 08-04-2025 12:04:12

Report signed digitally and signature is not required.

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