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Siba Prasad Parida - 02.10.24 - Kaudukol Mouza - LSR Format

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70 views31 pages

Siba Prasad Parida - 02.10.24 - Kaudukol Mouza - LSR Format

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© © All Rights Reserved
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OFFICE ADDRESS

BIKASH KUMAR ROUTRAY Gopabandhu Nagar,


(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

TITLE SEARCH & LEGAL SCRUTINY REPORT


(To be issued on the Letter head of the Advocate)
To,
Indian Bank,
Tinimuhani Branch
Kendrapara.

Sub.: Title Search & Legal Scrutiny Report with respect of (Detail of Property) Mouza :
Kaudukol, Tahasil : Mahanga, SRO : Mahanga, Khata No.491/212, Plot No.127, area
A0.100dec., Kissham : Gharabari, Khata No.491/211, Plot No.126, area A0.540dec.,
Kissham : Gharabari, Khata No.491/210, Plot No.129, area A0.150dec., Kissham :
Gharabari, owned by Siba Prasad Parida.

Ref.: Your letter dated 22.09.2024.

Dear Sir,

As per your instructions, I Mr. Bikash Kumar Routray Advocate have conducted
the Legal Scrutiny of the aforesaid property and investigated the Title of Mr. Siba Prasad
Parida over his/her/their immovable property as mentioned in the Schedule I & II and
conducted a detailed investigation of Title and also conducted the Search of available records
(Search Fee receipt No.2024044003847) of the Index II till 25.09.2024 in Sub Registrar's
Office Mahanga &Plot/ Dag/ Khasra Trace Record for Last 4 years from 01.01.2021 with
Revenue Departments to till date and submit my/our report as under.

SCHEDULE-I (Land Owners Details)


Sl. Views/Comments/Opinion of the
Particulars
No. Advocate

1 Name & Address of the Land owner Siba Prasad Parida, S/o. : Kailash Chandra Parida
(Present Owner of the Immovable of Vill : Charigaon, P.O. : Indupur, P.S. : Nikirai,
Property): Dist. : Kendrapara, PIN-754214, Odisha.

2 Details & Address of the Mortgagor Siba Prasad Parida, S/o. : Kailash Chandra Parida
of Vill : Charigaon, P.O. : Indupur, P.S. : Nikirai,
Dist. : Kendrapara, PIN-754214, Odisha.

3 Details of Sub Registrar's Office, Sub Registrar, Kendrapara, Dist. : Kendrapara,


where the property is registered with Odisha.
along with details of registration &
Area of land registered under Title Registered Sale Deed No.10442100297,
Document. dtd.22.03.2021
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Area of Land – A0.100dec. (Gharabari)


Area of Land – A0.540dec. (Gharabari)
Area of Land – A0.150dec. (Gharabari)

SCHEDULE-II
(Details of Immovable Property & Possession Status thereof)
Sl Particulars
Views/Comments/Opinion of the
No. Advocate

1 Plot No./Land Revenue Survey Khata No.491/212, Plot No.127, area A0.100dec.
Nos.Kh.No. with its area covered (Gharabari), Mouza : Kaudukol
under Title Deed.
Khata No.491/210, Plot No.129, area A0.150dec.
(Gharabari), Mouza : Kaudukol
Khata No.491/211, Plot No.126, area A0.540dec.
(Gharabari), Mouza : Kaudukol

2 Detailed address of Khata No.491/212, Plot No.127, area A0.100dec.


aforesaidLand/Plot(Village, Patwari (Gharabari), Mouza : Kaudukol
Halka No., Kasra No,Block,
Municipal Ward No. Tehsil, Khata No.491/210, Plot No.129, area A0.150dec.
District,State, Pin code). (Gharabari), Mouza : Kaudukol
Khata No.491/211, Plot No.126, area A0.540dec.
(Gharabari), Mouza : Kaudukol

3 Area of land/Building proposed to be Area of Land – A0.100dec. (Gharabari).


mortgaged.
Area of Land – A0.540dec. (Gharabari).
Area of Land – A0.150dec. (Gharabari).

4 Boundaries as per Title Deed/ Plot No.127


Property documents
North – Plot No.151, South- Plot No.126, East –
Plot No.128, West – Plot No.125
Plot No.129
North – Plot No.127 & 128, South- Village Road,
East – Plot No.130, West – Plot No.126
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Plot No.127
North – Plot No.127 & 128, South- Village Road,
East – Plot No.129, West – Plot No.125 (Three
plots are in one compact block) As per village map
pitchu plant standing over the proposed schedule
lands)

5 Nature/Type of Land/Plot. Gharabari

6 Nature of Ownership of the Land


Owner:
a) Free Hold.
b) Lease hold.
c) Sub Lessee. Self Acquired
d) License.
e) Undivided share/ interest (with
% of share interest)/ HUF
property
f) Trust Property.
g) Title only by possession.
h) Any other Type (Please mention
the nature thereof).
7 Who is in possession of the The Title Holder / Mortgagor since purchase.
Property? (If possessed by the
Mortgagor, state whether the
Mortgagor is in unhindered
Possession of the Property and if
so, the Period for which he is in
possession.

8 If possessed by the Tenant/s, please NA


specify period and onerous terms of
Tenancy (Consent Letter/
Document to be taken from the
Tenant with a view to hand over the
possession by the Tenant in case of
default by the Borrower).
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

9 Whether the property is accessible Yes


from Road? If yes, whether Public
Road/ Private Road/ Right of way
as easement?
Whether access road/ Pathway
from Public Road to the property is
through any other property not
mortgaged to the Bank?

10 Whether SARFAESI Act is Yes


applicable on the property / land ?

Description of Documents Scrutinized & Verified:

I /We have examined & verified the Documents as mentioned in the Schedule Ill attached
herewith.

SCHEDULE-(lll)

(LOT-I)

Sl. Date of Name of Document. Registration Whether Original


Document Reference No. Of Certified/True copy
No. Document with
date.
1. 22.04.1999 Consolidation ROR 22.04.1999
bearing Khata No.92 of Certificated Copy
Vill : Koudukol
2. 11.07.2014 Registered sale deed 11.07.2014 Book
No.10441400508 No.1, Vol-11, RSD
executed by Khirod Ch No.10441400508, Certified Copy
Sahoo in favour of SRO : Mahanga
Biswaprakash Prusty
3. 02.11.2015 Certified copy of order 02.11.2015
in muitation case Certified copy
No.1289/2015, Vill :
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Koudukol
4. 29.11.2021 ROR hearing Khata 29.11.2021
No.491/128, Vill : Certified copy and
Koudukol in the name net copy
of Biswaprakash Prusty
5. 04.02.2020 Certified copy of order 04.02.2024
in OLR Case No.2-
4/2020, U/s. 8(A) of Certified copy
OLR Act, Vill :
Koudukol.
6 22.03.2021 RSD No.10442100297, Book No.1, Vol-7,
executed by SRO : Mahanga,
Biswaprakash Prusty in RSD
favour of Siba Prasad No.10442100297 Original with
Parida, S/o. : Kailash Ch certified copy
Parida, (i.e. RSD in
respect of Lot-I, Lit-II &
Lot-III)
7 20.09.2021 Certified copy of order in 20.09.2021
Mutation Case
Certified copy
No.2428/2021, Vill :
Koudukol
8 20.09.2021 Mutation ROR Khata 20.09.2021
No.491/212, Vill :
Koudukol in the name Original with
of Siba Prasad Parida, certified copy.
S/o. : Kailash Chandra
Parida
9 Rent receipts of Khata
No.491/212, Vill :
Koudukol of the year
491/212, Vill :
Koudukol for the year
2021
10 29.11.2021 Encumbrances 29.11.2021
Certificate
No.EC0442021002380, Original
issued by SRO
Mahanga (i.e. EC in
respect of Lot-I, Lot-II
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

& Lot-III).
11 02.12.2021 Affidavit of proposed 02.12.2021
Title Holder /
Mortgagor (i.e. in Original
respect of Lot No.I, II
& III
12 Village Map of
Xerox
Koudukol
13 Aadhar / PAN Xerox

Schedule – III
(LOT-II)

Sl. Date of Name of Document. Registration Whether Original


Document Reference No. Of Certified/True copy
No. Document with
date.
1. 22.04.1999 Consolidation ROR 22.04.1999
bearing Khata No.470 Certificated Copy
of Vill : Koudukol
2. 07.06.2013 Registered sale deed 07.06.2013, Book-I
No.10441300516 Vol-20, RSD
executed by Upendra No.10441300516,
Certified Copy
Shaoo & Others in SRO : Mahanga
favour of Biswaprakash
Prusty
3. 02.11.2015 Certified copy of order 02.11.2015
in muitation case
Certified copy
No.1290/2015, Vill :
Koudukol
4. 29.11.2021 ROR hearing Khata 29.11.2021
No.491/127, Vill : Certified copy and
Koudukol in the name net copy
of Biswaprakash Prusty
5. 04.02.2020 Certified copy of order 04.02.2024 Certified copy
in OLR Case No.2-
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

6/2020, U/s. 8(A) of


OLR Act, Vill :
Koudukol.
6 22.03.2021 RSD No.10442100297, Book No.1, Vol-7,
executed by SRO : Mahanga,
Biswaprakash Prusty in RSD
favour of Siba Prasad No.10442100297 Original with
Parida, S/o. : Kailash Ch certified copy
Parida, (i.e. RSD in
respect of Lot-I, Lit-II &
Lot-III)
7 20.09.2021 Certified copy of order in 20.09.2021
Mutation Case
Certified copy
No.2425/2021, Vill :
Koudukol
8 20.09.2021 Mutation ROR Khata 20.09.2021
No.491/211, Vill :
Koudukol in the name Original with
of Siba Prasad Parida, certified copy.
S/o. : Kailash Chandra
Parida
9 Rent receipts of Khata
No.491/211, Vill :
Koudukol of the year
491/212, Vill :
Koudukol for the year
2021
10 29.11.2021 Encumbrances 29.11.2021
Certificate
No.EC0442021002380,
issued by SRO Original
Mahanga (i.e. EC in
respect of Lot-I, Lot-II
& Lot-III).
11 02.12.2021 Affidavit of proposed 02.12.2021
Title Holder /
Mortgagor (i.e. in Original
respect of Lot No.I, II
& III
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

12 Village Map of
Xerox
Koudukol
13 Aadhar / PAN Xerox

Schedule – III
(LOT-III)

Sl. Date of Name of Document. Registration Whether Original


Document Reference No. Of Certified/True copy
No. Document with
date.
1. 22.04.1999 Consolidation ROR 22.04.1999
bearing Khata No.437 Certificated Copy
of Vill : Koudukol
2. 05.12.2005 Registered sale deed 05.12.2005, Book
No.1263 executed by No.1, Vol-68, RSD
Sashi Bhusan Samal in No.1263, SRO : Certified Copy
favour of Jadu Mahanga
Moharana
3. 09.03.2006 Certified copy of order 09.03.2006
in muitation case
Certified copy
No.386/2006, Vill :
Koudukol
4. 29.11.2021 ROR hearing Khata 29.11.2021
No.491/126, Vill :
Certified Copy
Koudukol in the name
of Jadu Moharana
5. 11.07.2014 Registered Sale Deed Book No.1, Vol-11,
No.10441400507, SRO : Mahanga for
Executed by Jadu the year 2014 Certified copy
Moharana in Favour of
Biswapraksh Prusty
6 02.11.2015 Certificate copy of order 04.02.2020
in Mutation Case
Certified Copy
No.1291/2015, Vill :
Koudukol
7 04.02.2020 Certified copy of order in 04.02.2020 Certified copy
OLR case No.2-5/2020,
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

U/s. 8(A) of OLR Act,


Vill : Koudukol
8 22.03.2021 Mutation ROR Khata 04.02.2020
No.491/126, Vill :
Certified Copy
Koudukol in the name
of Biswaprakash Prusty
9 22.03.2021 Registered Sale Deed Book No.1, Vol-7,
No.10442100297, SRO : Mahanga –
Executed by 2021
Biswaprakash Prusty in Original with
favour of Siba Prasad certified copy
Parida (i.e. RSD in
respect of Lot-I, Lot-II
& Lot-III
10 20.09.2021 Certified copy of order 20.09.2021
in Mutation Case
Certified copy
No.2426/2021, Vill :
Koudukol
11 20.09.2021 Mutation ROR bearing 20.09.2021
Original with
Khata No.491/212, Vill
certified copy
: Koudukol
12 Rent receipts of Khata
No.491/210, Vill :
Koudukol for the year
2021
13 29.11.2021 Encumbrance 29.11.2021
Certificate
No.EC0442021002380,
issued by SRO Original
Mahanga (i.e. RSD in
respect of Lot-1, Lot-II
& Lot-III)
14 22.04.1999 Net Copy of ROR 22.04.1999
bearing Khata No.509,
Net Copy
Plot No.133 of Vill :
Koudukol
15 02.12.2021 Affidavit of proposed 02.12.2021 Original
Title holder / mortgagor
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

(i.e. in respect of Lot-1,


Lot-II and Lot-III
16 Village Map of
Xerox
Koudukol
17 Adhar / PAN Xerox
18 25.11.2021 Net ROR Khata 25.11.2021
No.509, Plot No.133 Net Copy
with Mouza : Koudukol

1. Brief History of the Property and how the Owner/ mortgagor has derived Title
(If Possible please provide a flow chart also):

(Brief history of the properties and how the Present owner has acquired/derived the Title. In
case the Original title documents covering last 13 years are available, please mention the
name of the Vendor who was in possession of the land/ property 13 years back and also the
names of the subsequent person in narrative form. If original documents corresponding to last
13 years is/are not available, then certified copies of documents of Title from the concerned
Sub Registrar’s Office are to be obtained so as to cover a minimum period of 30 years (If
space is found insufficient, please furnish information in an Additional Sheet).

LOT-I

That, the property measuring A0.100dec. appertain to plot No.127, Chaka No.113,
Khata No.92 of Mouza : Koudukol along with other properties was recorded in the name of
Khirod Chandra Sahoo, Sukadev Sahoo and Ananta Charan Sahoo, S/o. : Gopal Sahoo and
the consolidation authorities have prepared and published the final ROR accordingly in the
year 1999.

As the consolidation authorities having jurisdiction equivalent to civil court to decide


right, title interest in respect of the properties situated within the operation area have prepared
& published the ROR, there is no necessity to further investigation the chain of title.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

That, after publication of final ROR the recorded tenant namely Khirod Chandra
Sahoo, Sukadev Sahoo abnd Anata Charan Sahoo, S/o. : Gopal Sahoo for their legal
necessity transfer A0.100dec. Chaka No.113, Plot No.127, under Khata No.92 of Mouza :
Koudukol in its entirety to Biswaprakash Prusty, S/o. : Trinath Prusty of Vill : Kusupur, vide
RSD No.10441400508, dtd.11.07.2014 for due consideration and delivery of possession
thereof.

That, after purchase said Biswaprakash Prusty applied before the Tahasildar,
Mahanga for Mutation of his name in Revenue record vide mutation case No.1289/2015 and
the learned Tahasildar, Mahanga forwarded the case record to RI Kolkata for enquiry and
disposal of the case and the RI Kolkata after due enquiry and compliance of all the
formalities passed order and sent the case record to Tahasildar Mahanga for approval. The
learned Tahasildar, Mahanga issued the mutation ROR bearing Khata No.491/128, Chaka
No.113, Plot No.127, measuring A0.100dec. Mouza : Koudukol in his name accordingly.

Thereafter said Biswaprakash Prusty has applied before the Tahasildar, Mahanga to
concert the schedule land from agricultural to Homestead vide OLR Case No.2-4/2020
U/s.8(A) of OLR Act. The learned Tahasildar, Mahanga after due enquiry and compliance of
all; the formalities and realization of required premium passed order and issued the
conversion ROR bearing Khata No.491/128, Plot No.127 measuring A0.100dec. (Gharabari),
Mouza : Koudukol in his name accordingly.

That, said Biswaprakash Prusty due to his legal necessity alienated A0.100dec., Plot
No.127 under Khata No.491/128, Mouza : Koudukol in its entirety along with other
properties to Siba Prasad Parida, S/o. : Kailash Chandra Parida, of Vill : Charigaon vide
Registered Sale Deed No.10442100297, dtd.22.03.2021 for due consideration and delivery of
possession thereof.

That, after purchase the proposed Title Holder / Mortgagor namely Siba Prasad Parida
has applied before the Tahasildar, Mahanga to Mutation his name in the Revenue record vide
Mutation Case No.2428/2021, the Addl. Tahasildar, Mahanga after due inquiry and
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

compliance of all the formalities passed order and issued the Mutation ROR bearing Khata
No.491/212, Plot No.127 measuring A0.100dec. (Gharabari), Mouza : Koudukol in his name
accordingly.

That, the proposed Title holder / mortgagor paying rent to the concerned authority and
obtaining rent receipts regularly. The Encumbrance Certificate No.EC0442021002380,
dtd.29.11.2021 for the period from 01.01.1999 to 28.11.2021, issued by SRO, Mahanga
reflects that there is no acts and encumbrances affecting the proposed scheduled land save
and except the above mentioned transactions. The proposed schedule land is adjacent to plot
No.126 in its southern side and plot No.126 touches to village road in its southern side and is
well accessible.

That, the title holder as described above has good, clear, marketable over the
proposed land and from the available documents it is found the Title Holder / Mortgagor can
create charge / mortgage equitable mortgage in favour of the Bank by producing the
documents mentioned in the schedule-III of this report in original and There is no other
impediment under law.

LOT-II

That, the property measuring A0.540dec. appertain to plot No.126, Chaka No.112,
Khata No.470 of Mouza : Koudukol was recorded in the name of Sukadev Sahoo, S/o. :
Ganeswar Sahoo and the consolidation authorities have prepared and published the final
ROR accordingly in the year 1999.

As the consolidation authorities having jurisdiction equivalent to civil court to decide


right, title interest in respect of the properties situated within the operation area have prepared
& published the ROR, there is no necessity to further investigation the chain of title.

That, after publication of final ROR the recorded tenant namely Sukadev Sahoo died
leaving 5no. Of sons namely Upendra Sahoo, Krushna Ch Sahoo, Nursingha Charan Sahoo,
Gopinath Sahoo, Ramakanta Sahoo & widow Champa Sahoo as legal heirs to succeed his
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

interest and thereof one of his son namely Gopinath Sahoo died leaving Ranjulata Sahoo as
widow Jyostnamayee Sahoo as daughter and Rajesh Kumar Sahoo and Bijaya Kumar Sahoo
as sons as legal heirs to succeed his interest, which reflects in the RI report of mutation case
No.1298/2015, the legal heirs of Late Sukadev Sahoo and Late Gopinath Sahoo for their legal
necessity transfer A0.540dec., Chaka No.112, Plot No.126, under Khata No.126, under Khata
No.470 of Mouza : Koudukol in its entirety to Biswaprakash Prusty, S/o. : Trinath Prusty of
Vill : Kusupur, vide RSD No.10441300516, dtd.07.06.2013 for due consideration and
delivery of possession thereof. At the time of execution of Sale Deed the sons and daughters
of Late Gopinath Sahoo were minors and their mother guardian Ranjulata Sahoo for herself
and on behalf of the minor along with the other co-shares have sold the land. However said
Biswa Prakash Prusty, S/o. : Trinath Prusty sold the land to the proposed title holder /
mortgagor namely Siba Prasad Parida and one of the minor has attended majority since four
years and has not challenged the document and the other two sons are now minors.

That, after purchase said Biswaprakash Prusty applied before the Tahasildar,
Mahanga for Mutation of his name in Revenue record vide mutation case No.1290/2015 and
the learned Tahasildar, Mahanga forwarded the case record to RI Kolkata for enquiry and
disposal of the case and the RI Kolkata after due enquiry and compliance of all the
formalities passed order and sent the case record to Tahasildar Mahanga for approval. The
learned Tahasildar, Mahanga issued the mutation ROR bearing Khata No.491/127, Chaka
No.112, Plot No.126, measuring A0.540dec. Mouza : Koudukol in his name accordingly.

Thereafter said Biswaprakash Prusty has applied before the Tahasildar, Mahanga to
concert the schedule land from agricultural to Homestead vide OLR Case No.2-6/2020
U/s.8(A) of OLR Act. The learned Tahasildar, Mahanga after due enquiry and compliance of
all; the formalities and realization of required premium passed order and issued the
conversion ROR bearing Khata No.491/127, Plot No.126 measuring A0.540dec. (Gharabari),
Mouza : Koudukol in his name accordingly.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

That, said Biswaprakash Prusty due to his legal necessity alienated A0.540dec., Plot
No.126 under Khata No.491/127, Mouza : Koudukol in its entirety along with other
properties to Siba Prasad Parida, S/o. : Kailash Chandra Parida, of Vill : Charigaon vide
Registered Sale Deed No.10442100297, dtd.22.03.2021 for due consideration and delivery of
possession thereof.

That, after purchase the proposed Title Holder / Mortgagor namely Siba Prasad Parida
has applied before the Tahasildar, Mahanga to Mutation his name in the Revenue record vide
Mutation Case No.2425/2021, the Addl. Tahasildar, Mahanga after due inquiry and
compliance of all the formalities passed order and issued the Mutation ROR bearing Khata
No.491/211, Plot No.126 measuring A0.540dec. (Gharabari), Mouza : Koudukol in his name
accordingly.

That, the proposed Title holder / mortgagor paying rent to the concerned authority and
obtaining rent receipts regularly. The Encumbrance Certificate No.EC0442021002380,
dtd.29.11.2021 for the period from 01.01.1999 to 28.11.2021, issued by SRO, Mahanga
reflects that there is no acts and encumbrances affecting the proposed scheduled land save
and except the above mentioned transactions. The proposed schedule land is adjacent to plot
No.126 in its southern side and plot No.126 touches to village road in its southern side and is
well accessible.

That, the title holder as described above has good, clear, marketable over the
proposed land and from the available documents it is found the Title Holder / Mortgagor can
create charge / mortgage equitable mortgage in favour of the Bank by producing the
documents mentioned in the schedule-III of this report in original and There is no other
impediment under law.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

LOT-III

That, the property measuring A0.150dec. appertain to plot No.129, Chaka No.115,
Khata No.437 of Mouza : Koudukol was recorded in the name of Sashibhusan Samal, S/o. :
Late Bhikari Samal and the consolidation authorities have prepared and published the final
ROR accordingly in the year 1999.

As the consolidation authorities having jurisdiction equivalent to civil court to decide


right, title interest in respect of the properties situated within the operation area have prepared
& published the ROR, there is no necessity to further investigation the chain of title.

That, after publication of final ROR the said Sashibhusan Samale due to his legal
necessity transfer A0.150dec. Chaka No.115, Plot No.129, under Khata No.437 of Mouza :
koudukol in its entirety to Jadu Moharana, S/o. : Late Diwija Moharana of Vill Koudukol,
vide RSD No.1263, dtd.05.12.2005 for due consideration and delivery of possession thereof.

That, after purchase the proposed title holder / mortgagor has applied before the
Tahsildar Mahanga to after due inquiry and compliance of all the formalities passed order
and issued the mutation ROR bearing Khata No.491/210, Plot No.129, measuring A0.15dec.
(Gharabari), Mouza : Koudukol in his name accordingly.

That, the proposed Title holder / mortgagor paying rent to the concerned authority and
obtaining rent receipts regularly. The Encumbrance Certificate No.EC0442021002380,
dtd.29.11.2021 for the period from 01.01.1999 to 28.11.2021, issued by SRO, Mahanga
reflects that there is no acts and encumbrances affecting the proposed scheduled land save
and except the above mentioned transactions. The proposed schedule land is adjacent to plot
No.126 in its southern side and plot No.126 touches to village road in its southern side and is
well accessible.

That, the title holder as described above has good, clear, marketable over the
proposed land and from the available documents it is found the Title Holder / Mortgagor can
create charge / mortgage equitable mortgage in favour of the Bank by producing the
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

documents mentioned in the schedule-III of this report in original and There is no other
impediment under law.

That, Plot No.127, 129 & 126 of Mouza : Koudukol are in one compact block,
Plot No.129 & 126 adjacent to village road in its southern side and Plot No.127 touchers
to Plot No.126 in its Southern side.

2. Details of Searches and Investigation and findings:


After scrutiny of the documents as mentioned in the Schedule Ill and searches of
various records, viz., Revenue records and records available in the concerned Sub Registrar's
Office (where property is registrable in more than one Additional District Sub- Registrar
(ADSR) Office, a verification is to be made in all such ADSR Offices), findings are given
below: -

Sl. Particulars Views/Comments/Opinion of the


No. advocate
1 How the present Land Owner acquired By Purchase RSD No.10442100297,
Title over the Property? dtd.22.03.2021

Whether by Purchase/Gift
/Partition/Release/ Will /Inheritance
/Allotment etc.?
2 If the property has been transferred by Registered Sale Deed
way of Gift/Settlement Deed, whether: -

2.1 The Gift/Settlement Deed is duly stamped NA


and registered?

2.2 Whether, the Gift-Settlement Deed has NA


been duly attested by two witnesses?
2.3 Whether the Gift/ Settlement Deed NA
transfers the property to Donee absolutely
or under any condition?
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

2.4 Whether the Donee has accepted the gift NA


by signing the Gift/Settlement Deed or by
a separated writing or by implication or by
actions;
2.5 Whether there is any restriction/legal NA
impediment on the Donor in executing the
Gift/settlement deed in question;
2.6 Whether any life interest is reserved for NA
the Donor or any other person and
whether there is a need for any other
person to join for the creation of
mortgage;
2.7 Any other aspect affecting the validity of NA
the title passed through the
gift/settlement deed.
2.8 What is the nature of Title of the Present
Owner i.e. Tenancy Right, full
ownership, occupancy right, possessory
right, minor's right or any other type of
right, clarify. Full Ownership
3 If property is Lease Hold, then Tenure/ NA
un-expired period of Lease.
3.1 Name of the Lessor & Lessee: NA

3.2 Whether Lease deed is registered lease NA


deed, as required under State law/ law?

3.3 Whether Terms and Conditions given in NA


Lease deed complied with & Lease is
valid and subsisting ?
3.4 Whether permission is / has been NA
obtained by the Lessee for mortgage?
(Please mention the details of
permission) Whether the same is required
as per Lease? Effects of Not obtaining?
3.5 Any other detrimental Clause in the Lease NA
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Deed?
3.6 Whether Bank can Enforce the Mortgage NA
against the property under the provisions
of respective Rent Control Acts?
4 If Owner is Company, LLP, Partnership NA
Firm, Trust, Temple (Nyas), Wakf or
other entities, how title is affected by its
Memorandum and Article of Association,
Partnership Deed or Rules of bye laws
and what are the precautions to be taken/
compliances to be ensured under
respective Deeds or Rules or by- Laws?
4.1 Whether any resolution for creation of NA
mortgage is necessary? if so, whether it
was taken, give details.
4.2. Details of ROC Search with respect to NA
Charge on Company 's land.
5 In case Ownership devolve through NA
Partition Deed/ Court Decree:
i. Whether the same is registered under
the Law for time being in force and
Original thereof is available for deposit.?
ii. In case Original is not available and
the Partition deed is made in more than
one copy at the time of Registration duly
signed by all executants, whether:
a) to get an affidavit/declaration from
the holder of the original partition deed
confirming the availability with him and
the original not deposited with anybody
as security over the share of the
prospective mortgagor.
b) the shareholder or predecessor in
title have been permitted to treat their
copy of the partition deed as original for
their share.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

6 If property to be mortgaged is a Pitchu Plant stand over the proposed


Flat/Apartment, in residential or schedule lands.
commercial complex, how far,
independent title is ensured and how the
enjoyment of common areas and
facilities are ensured to the Flat Owner
(Mortgagor)?
What are the documents available for Registered Sale Deed, ROR and
creating mortgage? Encumbrance Certificate
Whether Occupancy Certificate/ Yes
Possession Certificate obtained by the
Builder/ Developer/ Owner from the
competent authority? If no, reason
thereof.
What are the documents/records to be Registered Sale Deed, ROR and
taken from Builders/ Developers/ Encumbrance Certificate
Owners/ their bankers?
Status of approval obtained from
Development Authority/ Municipal body
(Copy of Approval letter to be obtained).
Whether Purchaser/Allottee is related to Yes
the Builder / Developer / Owner? If yes,
nature of relationship.
In case of purchase, whether purchaser
has passed the consideration to the
Builder / Developer / Owner)?
Whether allotment letter issued by the NA
Builder / Developer / Owner has been
verified from the records maintained
with the Builder / Developer / Owner?
Whether execution of Agreement to sale
verified from Builder/ Developer /
Owner/ Registration Office, if
registered?
Whether there is any other allotment NA
letter issued or tripartite/ bipartite
agreement executed by the Builder /
Developer / Owner in respect of same
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Flat? If yes, details thereof.

Reason for cancellation of earlier NA


allotment, if any, with regard to the
subject Flat. (Copy of allotment records
of Builder/ Developer / Owner to be
obtained)
Whether any other Agreement to sale NA
has been executed by Builder/
Developer/ Owner in respect of
property?
7 In case of Inherited property, whether NA
the Family genealogy ascertained and
flow of Title considered in the light of
genealogy bearing in mind the
provisions of succession laws as
applicable to the Parties. The genealogy
must be sworn by means of an affidavit
by the Party/Parties. Whether Property
belongs to HUF?
8 If yes, whether major coparceners have NA
no objections/join in execution, minor’s
share if any?
Rights of female members etc., & effect
thereof on the mortgage? (Kindly note
that after coming into force of the Hindu
Succession (Amendment) Act, 2005, a
daughter under Mitakshara Law by birth
became a coparcener in her own right
like a son)
9 In case of devolution of property by a NA
Will, whether the Will has been probated
or Letters of Administration is obtained?
10 In case of Purchase through Sale deed: Yes
Whether the Seller is/was competent to
sell?
10.1 How the Seller acquired the Property? Through Registered Sale Deed
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

.
10.2 Whether all the previous deeds & link Yes
documents till in the name of Present
landowner is available? if not available
then what is the effect and what is
required to be done to make the title
perfect? Please specify.
10.3 Whether Seller has transferred clear, Yes
legal, marketable title free from all
encumbrances in favour of Present Land
Owner?
10.4 Whether Sale consideration has been Yes
fully paid by the purchaser and the same
has been accepted by the seller?
In case the Sale consideration has been
paid through Cheque (as mentioned in
the conveyance/ sale deed), there are no
litigations pending regarding dishonour
of cheque between Seller and Purchaser.
11 In case of Transferor is Power of NA
Attorney (POA) Holder:
• Whether the validity & genuineness
of the POA and extent of Powers
verified?
• Whether the POA is properly
executed (stamped/authenticated/
Enforceable as per the Law of the
Place?
• Whether, it authorizes the Agent to
deposit the Title deeds for creation of
mortgage over the properties of the
Principal for the loan to be availed
from Indian Bank by the prospective
borrower?
• Whether, Power of Attorney
empowers the PA holder to borrow
on behalf of the Principal?
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

12 If the property is acquired from NA


Govt./Local Authorities, whether the
conveyance deeds are verified with
Government records as to its
genuineness and whether executed by
Competent Authority?

12.1 Whether the property forms part of a NA


concession agreement? If yes, details
thereof.
12.2 Whether Concessionaire is allowed to NA
hypothecate, create charge/ mortgage or
other encumbrances for raising fund/
availing finance from the lender/s for the
purpose of project? If yes, whether any
permission is required and obtained?
12.3 Period of concession granted. NA

12.4 Whether during the period of suspension NA


of concessionaire, lenders have right to
substitute the concessionaire?
12.5 Whether on financial defaults by the NA
concessionaire, lenders have right to
require Authority to undertake
Suspension or Termination?
12.6 Whether Concession Agreement NA
stipulates conditions of issuance of NOC
from the lenders before making
Termination payment to the
Concessionaire and in the event of
failure of Concessionaire procuring
NOC, Authority shall be entitled to pay
the Termination payment directly to the
Lender/s towards the outstanding Debt
due to the lender/s.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

13 Whether minor's interest is involved in NA


the property? if yes
Precautions/Permission to be taken to
make mortgage perfect/Date of Court
permission for mortgage, if permission is
already taken (Please provide certified
copy of the order also).

14 Whether search is made in the registers Tahasil : Mahanga


and the records maintained in the office
of Collector and/or revenue authorities/ SRO : Mahanga
Municipal corporation /Town and
Planning Department and the Civil Court
(Whichever are applicable) to ensure:
a) necessary consent of Civic Body or NA
authority to transfer the property was
obtained.
Attached Affidavit in this regard
b) No litigation in respect of the
property to be mortgaged is pending
before any Forum.
c) Identity of the property has been
established and there are no
circumstances which would create
doubts or suspicions, e.g. any
material document is alleged to be
lost or any document bears any marks
or endorsement indicative of having
been earlier in evidence in a Court or
produced as Surety.
d) Whether any Revenue Authority
attachment/ Statutory dues attachment
/Court attachment is reflected? NA
e) Whether Certified copy of the Title
deeds and Parent document tracking
back to at least last 13 years from the
Title document are obtained from the
Sub Registrar's Office by the Panel
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

Advocate and compared with the


Original one submitted by the
borrower for the LSR for its
correctness?
f) "No objection certificate "and other
documents issued by builders or other
organizations Department
/Institutions are carefully examined
for their genuineness?

15 Period upto which you have verified all 1999


the current & previous deeds, chain
documents, revenue records, Khasra,
Nakal / Khatoni & Rin Pushika (at least
for the 13 years in case of all original
title chain is available or 30 years in case
of any previous owners).
Whether same is found correct and title
from person to person have been legally
transferred till present owners?
16 Whether you have verified the contents Registered Sale Deed, Verified, No effect
of the Title deeds?

Whether any defect is found in the same?


Please elaborate.
16.1 Whether the chain of title deeds is Yes
original, complete and genuine?
Or
Whether the chain of title deeds have
been verified from Certified Copies
thereof?
16.2 Whether title deed contains any Yes
restrictive clause in respect of free
transfer? Full Plot

In case of property purchased by


mortgagor is portion of larger extent of
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

property, whether availability of original


parent documents confirmed.
16.3 Whether property is demarcated and site Yes
plan is available, can it be identified
from the Schedule of the Title
Documents? Please specify.
17 Whether any acquisition proceeding is in NA
progress in the area or proposed to be
initiated?
Whether the same will affect the
mortgage or transfer of title of units in
favourof respective buyers?

18 Whether property is mutated in the name Yes


of present Land owners /Transferor & if
yes, where? ( pl. specify below)
18.1 With revenue authority/Municipal Tahasil : Mahanga
Corporation/ DA/ MPHB/ Nazul/ Any
other. SRO : Mahanga

(Mention the name of the Document by


which it is ascertained)
18.2 if non mutated, reasons thereof and effect NA
of non-mutation.
19 Whether the provisions of the Indian Yes
Registration Act and the Indian Stamps
Act been complied with, in the
transactions?
20 Whether Ownership in the name of Yes
present land owner is legal, clear,
marketable and free from all
encumbrances?
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

21 Whether upto date Diversion Rent/Tax, Yes


property Tax, lease rent and other
government Taxes are paid? If paid,
whether upto date tax receipts have been
verified?
22 If the property is a superstructure like Vacant Land
buildings house, flat factory shed etc.
a) Whether it is located /proposed to be
located in an approved Layout?
b) Whether the building is constructed /
proposed to be constructed as per the
Plan approved by the Competent
authorities (Corporation, Municipal
Council, cantonment Board etc.)?
c) Whether the Plan is approved subject to
any condition. If so what are the
conditions and whether the conditions
have been complied with?
d) Whether superstructure is assessed to
Tax (In case of ready built
superstructure)? If yes, then it has been
paid up to date.
e) Whether clearance/License /Permit have
to beobtained from Authorities
constituted under Special Acts like
Environment Protection Act 1986, the
Air Crafts Act 1934 etc., and if so,
whether the same has been obtained. (If
any conditions are stipulated while
giving clearance/license /Permit the
same has to be mentioned in the report.
The report should also mention whether
the condition has been complied?
23 Whether provisions of Urban Land Ceiling NA
Act/ Disturbed Areas Act applicable? ULC
clearance/ Permission(Please mention
Number & date of permission) or any
restriction in transfer of title by the present
Landowner? Whether the land belonged to
SC/ST and transfers were made as per
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

extant provisions?

24 Income Tax clearance certificate, if to be NA


obtained or not to be obtained, please
specify.
25 Whether all the legal NA
requirements/permission, under various
act/ laws viz. Local laws, Municipal laws,
Town & Country Planning Act, Apartment
Ownership Act, Land laws, Laws
applicable for development of land &
Construction of building, Building
Regulations, Development Control
Regulations, Co-Operative Societies Act
etc., in order to develop the project land
and or project have been completed and
complied?
26 Whether Real Estate (Regulation and NA
Development) Act, 2016 (RERA) is
Applicable?
a) If so, Whether Registration was done
by Developer/ Promoter as per RERA.
The details.
b) Whether Dedicated/ Escrow account
was opened by Developer/Promoter as
per RERA, 2016?
c) Whether all the applicable provisions
were complied with?
d) Whether details of Flat proposed to be
purchased, forms part of approved plan
available on RERA website?
e) Incomplete projects of the builder/
developer, if any?
f) Date of registration of projects &
Status thereof, including the project in
which the Flat is being financed.
g) Whether the project in which the
property situate is complete/
incomplete?
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

h) Proposed date of completion & delays,


if any.
i) Details of Complaints/ Cases against
the builder/ developer.
27 Investigation in regard to Agricultural Gharabari
Land:
Whether the land is under self- cultivation? NA
If land is owned in different Khatas or is Yes
under joint share, give specific share in
each Khata.
Whether land is mutated in the name of No
land owner? If No. Reasons thereof and
legal issues involved therein.
If consolidation of holdings/acquisition No
proceedings etc. is in progress in the area
whether transfer of land is possible under
state enactments?
Whether any prior charge/hidden No
charge/revenue charge exists against the
land, non-encumbrance should be of 13
years preceding the date of the Non
Encumbrance Certificate (NEC).
28 If agricultural land is being offered for
mortgage:
Whether permission for conversion of Already Gharabari
lands from agricultural use to
residential/commercial use is obtained as
per local state law (specify date of
order/permission and provide a copy
thereof)
Whether taking mortgage of such land for No
non-agricultural purposes is possible as per
local law.
Whether there is any hindrance in No
applicability of SARFAESI Act on the
property?
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

29 Whether from the documents produced, No


there exists any pending litigation with
respect to the property offered as security.
If yes, please furnish the details.

30 Whether certified copy of title documents Yes


obtained and compared with the original
Title deeds?
a) If no, the reasons thereof
b) If yes, whether any discrepancy
observed? No

The details of such discrepancies:


31 Details of CERSAI Registration
verification:
Whether, details have been verified based Siba Prasad Parida
on relevant parameters i.e. Plot No./ Dag
No./ Khasra No./ Survey No./ Division,
Sub-Division No., Flat No., Building
Name/ Previous owner’s name/ Present
owners name etc.
Whether any charge subsists in CERSAI?
Details thereof.
32 Details of Physical visit to the property:

Date & Time

Observations, if any.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

(A) CONCLUSION & OPINION:


Accordingly chain of title is complete and legally passed from person to person and
accordingly thereby said Shri Siba Prasad Parida derived legal, valid, clear and marketable
title over the said immoveable property (Land/Plot/Flat/Building/Shed/Factory) and he is
able to create equitable mortgage of the said Property in favour of Bank by deposit of
Original Registered Title deed of the aforesaid property. With respect to your queries, I opine
as under:

S.No. Queries Opinion on Creation of Mortgage


1 Whether the mortgage by deposit of original Siba Prasad Parida
title deeds is possible on the strength of the
title deeds scrutinized. If so, the list of
documents to be deposited for creation of
equitable mortgage over the property offered
as security. The person (s) who shall deposit
the title deeds with the bank may be stated.
2 If the equitable mortgage by deposit of title Schedule - III
deeds is not possible, can there be
simple/registered mortgage. If so, list out the
documents to be held with the bank in
addition to the registered mortgage deed.
3. Any other opinion on simplified procedure/ NA
remission of stamp duty for creation of charge
over agricultural/other properties in favour of
Commercial Banks as in some states like U.P.
Karnataka etc.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557

Ref. No.__________ Date : __________

CERTIFICATE OF TITLE

1. I Mr. Bikash Kumar Routray, Advocate certify that Mr. Siba Prasad Parida
has/have a valid clear, absolute, good, perfect and marketable title to the property/ies shown
above and the title deeds to the property concerned being original and not duplicate or fake.
2. That the title document mentioned in the chain of title were executed, stamped and
registered in accordance with the law. They have the effect of conveying lawful title in
favour of the said present owners.
3. I hereby certify that actual search was conducted on the date as mentioned herein the
report with respect to the land/revenue records and I do not find anything adverse which
prevent the title holders from creating a valid mortgage.
4. This legal opinion has been given without any interest direct or indirect after verifying
all the necessary relevant papers, photo copy of which is returned back duly authenticated.

Details of enclosure of report:


EC0442024003679, dtd.26.09.2024

Signature of the Advocate who has scrutinized


The title deeds/documents

Name of the Advocate:


Place:
Date:

Note: This format is only illustrative and any other additional/relevant details shall be
furnished wherever applicable.

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