Dinesh Chandra Tiwari 26/25 Khattripura

Advocate Bahraich

Civil Court Bahraich Mo. 9452122573

Annexure-B

Report of Investigation of Title in respect of immovable Property

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

1 a Name of the Branch/ Business Unit/Office State Bank of India SME Branch
seeking opinion. Digiha Bahraich
b Reference No. and date of the letter under SBI/SME/DIG/BRH/TIR/854/Dated-
the cover of which the documents tendered 14/06/2022
for scrutiny are forwarded.
c Name of the Borrower. J. P. Food
2 a Type of Loan Commercial Loan
b Type of property Non Agricultural Land
3 a Name of the unit/concern/ company/person Smt. Alpa Bathwal for J. P. Food
offering the property/ (ies) as security.
b Constitution of the unit/concern/ Individual
Person/body/authority offering the property
for creation of charge.
c State as to under what capacity is security Borrower/ Guarantor
offered (whether as joint applicant or
borrower
or as guarantor, etc.)
4 a Value of Loan (Rs. in crores)
5 Complete or full description of the
immovable property (ies) offered as security
including the
following details.
a Survey No. Plot Nos. 199(0.0295 Hects),
229(0.0060 Hects) and 231(0.2000
Hects) of Aminpur Nagraur
b Door/House no. ( in case of house property) N. A.
c Extent/ area including plinth/ built up area in 0.2355 Hects or 0.58 Acres
case of house property
d Locations like name of the place, village, Rev. Village Aminpur Nagraur,
city, registration, sub-district etc. Pargana Tahsil and Dist. Bahraich
e Boundaries. East: Field Alok Kumar Bathwal
West: Property of Sapna Flour Mill
North: Field of Babadeen etc
South: Bahraich to Balrampur Road
6 a Particulars of the documents scrutinized- Sale Deed dated 04/03/2022
serially and chronologically. registered on same day in Vol No.

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 9675 of Book No. 1 on pages 163
to 198 at Sr. No. 854
b Nature of documents verified and as to Registered/ Original/ Certified
whether they are originals or certified
copies or registration extracts duly certified.
Note: Only originals or certified extracts
from the registering/land/ revenue/ other
authorities be examined.
Sr. Date Name / Nature of Original/ In case of copies, whether the
No document certified original was scrutinized by the
. copy/ Advocate.
certified
extract/
photocopy
etc.
1 04/03/2022 Sale Deed Sr. No.854 Original Yes
Registered on dated
04/03/2022
2 14/06/2022 Sale Deed Sr. No.854 Certified copy Yes
Registered on dated
04/03/2022
3 31/05/2022 Order U/S 80 UP Photocopy Yes
Revenue code 2006
4 08/06/2022 Khatauni of Plot Nos. Certified copy Yes
199, 229 and 231 of
Rev. Village Aminpur
Nagraur
7 a Whether certified copy of all title documents Yes
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 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)
b Whether all pages in the certified copies of Yes
title documents which are obtained directly
from Sub-Registrar’s office have been
verified page by page with the original
documents submitted?
(In case originals title deed is not produced
for comparing with the certified or ordinary
copies, the matter should be handled more
diligently & cautiously).
8 a Whether the records of registrar office or No

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 revenue authorities relevant to the property
in question are available for verification
through any online portal or computer
system?
b If such online/computer records are No
available, whether any verification or cross
checking are made a n d t h e c o m m e n t s /
f i n d i n g s i n t h i s regard.
c Whether the genuineness of the stamp No
paper is possible to be got verified from
any online portal and if so whether such
verification was made?
d Whether proper registration of documents Yes, Sale Deed dated 04/03/2022
completed. Details thereof to be provided. registered on same day in Vol No.
9675 of Book No. 1 on pages 163 to
198 at Sr. No. 854
9 a Property offered as security falls within Sub Registrar Registrations’ office
the jurisdiction of which sub-registrar office? of Tahsil Bahraich
b Whether it is possible to have registration of One office only
documents in respect of the property in
question, at more than one office of sub-
registrar/ district registrar/ registrar-
general. If so, please name all such offices?
c Whether search has been made at all the Yes
offices named at (b) above?
d Whether the searches in the offices of No
registering authorities or any other records
reveal registration of multiple title documents
in respect of the property in question?
10 a Chain of title tracing the title from the oldest The above mentioned land was the
title deed to the latest title deed establishing ancestral property Shri. Radhey
title of the property in question from the Shyam Tekriwal and after his
predecessors in title/interest to the current death, his son Shri. Vinod Kumar
title holder. Tekriwal R/o Mohalla Chhawani
City and Dist Bahraich became the
owner of the land. Later on dated
04/03/2022 he sold the land to Smt.
Alpa Bathwal W/o Alok Kumar
Bathwal, R/o Shiv Nagar Gonda
Road City and Dist. Bahraich
through sale deed dated
04/03/2022 which was registered
on same day in Vol No. 9675 of
Book No. 1 on pages 163 to 198 at
Sr. No. 854 in the office of Sub
Registrar Registrations’ of Tahsil
Bahraich. At present above named
Smt. Alpa Bathwal is the owner of
the land. In this way the chain of

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 title is complete
b Wherever Minor’s interest or other clog on There is no minor’s interest or any
title is involved, search should be made for a other clog is involved in the title of
further period, depending on the need for the land
clearance of such clog on the Title.
In case of property offered as security for
loans of Rs.1.00 crore and above, search of
title/ encumbrances for a period of not less
than 30 years is mandatory. (Separate
Sheets may be
used)
c Nature of Minor’s interest, if any and if so, N. A.
whether creation of mortgage could be
possible, the modalities/procedure to be
followed including court permission to be
obtained and the reasons for coming to such
conclusion.
11 a Nature of Title of the intended Mortgagor Full ownership rights
over the Property (whether full ownership
rights, Leasehold Rights, Occupancy/
Possessory Rights or Inam Holder or Govt.
Grantee/
Allottee etc.)

If Ownership Rights,
a Details of the Conveyance Documents Sale Deed dated 04/03/2022
which was Registered on same
day in Vol No. 9675 of Book No. 1
on pages 163 to 198 at Sr. No.
854 in the office of Sub Registrar
Registrations’ of Tahsil Bahraich
b Whether the document is properly stamped. Yes

c Whether the document is properly Yes

registered.

If leasehold, whether; No
a The Lease Deed is duly stamped and N. A.
registered
b The lessee is permitted to mortgage the N. A.
Leasehold right,
c duration of the Lease/unexpired period of N. A.
lease,
d if, a sub-lease, check the lease deed in N. A.
favour of Lessee as to whether Lease deed
permits sub-leasing and mortgage by Sub-
Lessee also.
e Whether the leasehold rights permits for the N. A.
creation of any superstructure (if
applicable)?

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 f Right to get renewal of the leasehold rights N. A.
and nature thereof.

If Govt. grant/ allotment/Lease-cum/Sale No

Agreement / Occupancy / Inam Holder
/Allottee etc, whether;
a Grant/ agreement etc. provides for alienable N. A.
rights to the mortgagor with or without
conditions?
b The mortgagor is competent to create N. A.
charge on such property?
c Any permission from Govt. or any other N. A.
authority is required for creation of mortgage
and if so whether such valid permission is
available?

If occupancy right, whether; No

a Such right is heritable and transferable, N. A.
b Mortgage can be created. N. A.

12 Has the property been transferred by way of No

Gift/Settlement Deed
a The Gift/Settlement Deed is duly stamped N. A.
and registered;
b The Gift/Settlement Deed has been attested N. A.
by
two witnesses;
d Whether there is any restriction on the Donor N. A.
in executing the gift/settlement deed in
question?
e The Gift/Settlement Deed transfers the N. A.
property to Donee;
f Whether the Donee has accepted the gift by N. A.
signing the Gift/Settlement Deed or by a
separate writing or by implication or by
actions?
g Whether the Donee is in possession of the N. A.
gifted property?
h Whether any life interest is reserved for the N. A.
Donor or any other person and whether
there is a need for any other person to join
the creation of mortgage;
i. Any other aspect affecting the validity of the N. A.
title passed through the gift/settlement deed.
13 Has the property been transferred by way No
of
partition / family settlement deed
a Whether the original deed is available for N. A.
deposit. If not the modality/procedure to be
followed to create a valid and enforceable

5
 mortgage.
b Whether mutation has been effected N. A.

c Whether the mortgagor is in possession and N. A.

enjoyment of his share.
d Whether the partition made is valid in law N. A.
and the mortgagor has acquired a
mortgageable title thereon.
e In respect of partition by a decree of court, N. A.
whether such decree has become final and
all other conditions/ formalities are
completed/complied with.
f Whether any of the documents in question N. A.
are executed in counterparts or in more than
one set? If so, additional precautions to be
taken for avoiding multiple mortgages?

14 Whether the title documents include any No

testamentary documents /wills?
a In case of wills, whether the will is registered N.A.
will or unregistered will?
b Whether will in the matter needs a N.A.
mandatory probate and if so whether the
same is probated by a competent court?
c Whether the property is mutated on the N. A.
basis of will?
d Whether the original will is available? N. A.

e Whether the original death certificate of the N. A.

testator is available?
f What are the circumstances and/or N. A.
documents to establish the will in question is
the last and final will of the testator?
g Comments on the circumstances such as N. A.
the availability of a declaration by all the
beneficiaries about the genuineness/ validity
of the will, all parties have acted upon the
will, etc., which are relevant to rely on the
will, availability of Mother/Original title deeds
are to be explained.
15 Whether the property is subject to any No
wakf rights / belongs to church / temple
or any religious / other institutions
a any restriction in creation of charges on such N. A.
properties?
b Precautions/ permissions, if any in respect of N. A.
the above cases for creation of mortgage?
16 a Where the property is a HUF/joint family No
property?
b Whether mortgage is created for family N. A.

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 benefit/legal necessity,
whether the Major Coparceners have no
objection/join in execution, minor’s share if
any, rights of female members etc.
c Please also comment on any other aspect N. A.
which may adversely affect the validity of
security in such cases?
17 a Whether the property belongs to any trust or No
is subject to the rights of any trust?
b Whether the trust is a private or public trust N. A.
and whether trust deed specifically
authorizes the mortgage of the property?
c If YES, additional precautions/permissions to N. A.
be obtained for creation of valid mortgage?
d Requirements, if any for creation of N. A.
mortgage as per the central/state laws
applicable to the trust in the matter.
18 Is the property an Agricultural land No
a Whether the local laws permit mortgage of No
Agricultural land and whether there are any
restrictions for creation/enforcement of
mortgage?
b In case of agricultural property other relevant No
records/documents as per local laws, if any
are to be verified to ensure the validity of the
title and right to enforce the mortgage?
c In the case of conversion of Agricultural land The land of Plot Nos. 199/0.0295,
for commercial purposes or otherwise, 229/0.0060 and 231/0.2000 was
whether requisite procedure converted from Agricultural to Non
followed/permission obtained? Agricultural land U/S 80 of
U. P. Revenue code 2006 on dated
31/05/2022 by order S. D.M. Sadar
Bahraich
19 a Whether the property is affected by any local No
laws or special enactments or other
regulations having a bearing on the security
creation / mortgage (viz. Agricultural Laws,
weaker Sections, minorities, Land Laws,
SEZ regulations, Costal Zone
Regulations, Environmental Clearance,
etc.)?
b Additional aspects relevant for investigation No
of title as per local laws.
20 a Whether the property is subject to any No
pending or proposed land acquisition
proceedings?
b Whether any search/enquiry is made with No
the Land Acquisition Office and the outcome
of such search/enquiry?
21 a Whether the property is involved in or No

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 subject matter of any litigation which is
pending or concluded?
b If so, whether such litigation would adversely No
affect the creation of a valid mortgage or
have any implication of its future
enforcement?
c Whether the title documents have any court No
seal/ marking which points out any litigation/
attachment/security to court in respect of the
property in question? In such case please
comment on such seal/marking?
22 a In case of partnership firm, whether the N. A.
property belongs to the firm and the deed is
properly registered?
b Property belonging to partner(s), whether N. A.
thrown on hotchpot? Whether formalities for
the same have been completed as per
applicable laws?
c Whether the person(s) creating mortgage N. A.
has/have authority to create mortgage for
and on behalf of the firm?
23 a Whether the property belongs to a Limited No
Company, check the Board resolution,
authorization to create mortgage/execution
of documents, Registration of any prior
charges with the Company Registrar (ROC),
Articles of Association /provision for common
seal etc.
b/1 Whether the property (to be mortgaged) is No
purchased by the above Company from any
other Company or Limited Liability
Partnership (LLP) firm? Yes / No.
b/2 If yes, whether the search of charges of the N. A.
property (to be mortgaged) has been carried
out with Registrar of Companies (RoC) in
respect of such vendor company / LLP
(seller) and the vendee company
(purchaser)?
b/3 Whether the above search of charges No
reveals any prior charges/encumbrances, on
the property (proposed to be mortgaged)
created by the vendor company (seller)?
b/4 If the search reveals encumbrances / No
charges, whether such charges /
encumbrances have been satisfied?
24 In case of Societies, Association, the No
required authority/power to borrow and
whether the mortgage can be created, and
the requisite resolutions, bye-laws.
25 a Whether any POA is involved in the chain of No

8
 title during the period of search?
b Whether the POA involved is one coupled No
with interest, i.e. a Development Agreement-
cum-Power of Attorney. If so, please clarify
whether the same is a registered document
and hence it has created an interest in
favour of the builder/developer and as such
is irrevocable as per law.
c In case the title document is executed by the No
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/ 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).
d In case of Builder’s POA, whether a certified No
copy of POA is available and the same has
been verified/compared with the original
POA.
e In case of Common POA (i.e. POA other No
than Builder’s POA), please clarify the
following clauses in respect of POA.
i) Whether the original POA is verified and
the title investigation is done on the basis of N. A.
original POA?
N. A.
ii) Whether the POA is a registered one?
iii) Whether the POA is a special or N. A.
general one?
iv) Whether the POA contains a specific N. A.
authority for execution of title document
in question?
f Whether the POA was in force and not No
revoked or had become invalid on the date
of execution of the document in question?
(Please clarify whether the same has been
ascertained from the office of sub-registrar
also?)
g Please comment on the genuineness of No
POA?
h The unequivocal opinion on the No
enforceability and validity of the POA.
26 Whether mortgage is being created by a No
POA holder, check genuineness of the
Power of Attorney and the extent of the
powers given therein and whether the same

9
 is properly executed/ stamped/ authenticated
in terms of the Law of the place, where it is
executed.
27 I. If the property is a flat/apartment or No
residential/commercial complex
a Promoter’s/Land owner’s title to the No
land/building;
b Development Agreement/Power of Attorney; No

c Extent of authority of the Developer/builder; No

d Independent title verification of the Land No

and/or
building in question;
e Agreement for sale (duly registered); No

f Payment of proper stamp duty; No

g Requirement of registration of sale No

agreement,
development agreement, POA, etc.;
h Approval of building plan, permission of No
appropriate/local authority, etc.;
I Conveyance in favour of No
Society/Condominium concerned;
j Occupancy Certificate/allotment letter/letter No
of possession;
k Membership details in the Society etc.; No

l Share Certificates; No

m No Objection Letter from the Society; No

n All legal requirements under the No

local/Municipal laws, regarding ownership of
flats/Apartments/Building Regulations,
Development Control Regulations, Co-
operative Societies’ Laws etc.;
o Requirements, for noting the Bank charges No
on
the records of the Housing Society, if any;
p If the property is a vacant land No
and construction is yet to be made,
approval of lay-out and other precautions, if
any.
q Whether the numbering pattern of the No
units/flats tally in all documents such as
approved plan, agreement plan, etc.
II. A Whether the Real Estate Project comes No
under Real Estate (Regulation and

10
 Development) Act, 2016? Y/N.
II. B Whether the project is registered with the No
Real Estate Regulatory Authority? If so, the
details
of such registration are to be furnished,
II.C Whether the registered agreement for sale No
as prescribed in the above Act/Rules there
under is executed?
II.D Whether the details of the apartment/ plot in No
question are verified with the list of number
and types of apartments or plots booked as
uploaded by the promoter in the website of
Real Estate Regulatory Authority?
28 Encumbrances, Attachments, and/or claims I have inspected in the Index No. 2
whether of Government, Central or State or at the office of Sub Registrar
other Local authorities or Third Party claims, Registrations of Tahsil Bahraich.
Liens etc. and details thereof. The above mentioned land is found
free from all encumbrances, lean
and charges
29 The period covered under the 30 Years
Encumbrances Certificate and the name of
the person in whose favour the
encumbrance is created and if so,
satisfaction of charge, if any.
30 Details regarding property tax or land Land Revenue is paid up to date
revenue or other statutory dues paid/payable
as on date and if not paid, what remedy?
31 a Urbanland ceiling clearance, whether No
required and if so, details thereon
b Whether No Objection Certificate under the No
Income Tax Act is required / obtained?
32 a Details of RTC extracts/mutation Mutated Khatauni is enclosed with
extracts/Khata extract pertaining to the
property in question.
b Whether the name of mortgagor is reflected Yes, as owner in Revenue Records
as owner in the revenue/Municipal/Village
records?
33 a Whether the property offered as security is Yes
clearly demarcated?
b Whether the demarcation/ *partition of Yes
the property is legally valid?
c Whether the property has clear access as Yes
per documents? (The property should be
legally accessible through normal carriers
to transport goods to factories / houses, as
the case may be).
34 a Whether the property can be identified from
the following documents,
a) Document in relation to electricity No
No

11
 connection;
b) Document in relation to water No
connection;
c) Document in relation to Sales Tax Yes
Registration, if any applicable;
d) Other utility bills, Khatauni, if any.
b Discrepancy/doubtful circumstances, if any No
revealed on such scrutiny?
35 a Whether the documents i.e. Valuation No
report / approved sanction plan reflects /
indicate any difference / discrepancy in the
boundaries in relation to the Title
Document / other document. (If the
valuation report and /or approved plan are
not available at the time of preparation of
TIR, please provide these comments
subsequently, on receipt of the same).
36 a Whether the Bank will be able to enforce Yes
SARFAESI Act, if required against the
property offered as security?
b Property is SARFAESI compliant (Y/N) Yes
37 a Whether original title deeds are available for Yes
creation of equitable mortgage
b In case of absence of original title deeds, Yes
details of legal and other requirements for
creation of a proper, valid and enforceable
mortgage by deposit of certified extracts
duly certified etc., as also any precaution to
be taken by the Bank in this regard.
38 Additional suggestions, if any to safeguard No need
the interest of Bank/ ensuring the perfection
of security.
39 The specific persons who are required to Smt. Alpa Bathwal
create mortgage/to deposit documents
creating mortgage.
Note: In case separate sheets are required, the same may be used, signed and
annexed.

Date:
Place: Bahraich Signature of the Advocate
Annexure-C

12
 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 *Registered/
Equitable/English 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 Registered/ Equitable Mortgage is created, it will satisfy the
requirements of creation of Registered/ 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 01st January 1992 to
Pertaining to the Immovable Property/(ies) covered by above said 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) are to the extent of N. A. (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

13
 Borrower, Smt. Alpa Bathwal

9. I certify that Smt. Alpa Bathwal has 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.

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:

a. Sale Deed Sr. No.854 Registered on dated 04/03/2022, Original

b. Sale Deed Sr. No.854 dated 14/06/2022, Certified copy

c. Order U/S 80 UP Revenue Code 2006 dated 31/05/2022, Photocopy

d. Khatauni of Plot Nos. 199, 229 and 231 dated 08/06/2022 of Rev. Village Aminpur
Nagraur, Certified copy

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)

The Land of Plot Nos. 199(0.0295 Hects), 229(0.0060 Hects) and 231(0.2000 Hects) of
Rev. Village Aminpur Nagraur, Pargana, Tahsil and Dist. Bahraich. Total area to be mortgage is
0.2355 Hects or 0.58 Acres. Recorded in the name of Smt. Alpa Bathwal.

Place: Bahraich
Date: Signature of the advocate

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