Siba Prasad Parida - 02.10.24 - Kaudukol Mouza - LSR Format
Siba Prasad Parida - 02.10.24 - Kaudukol Mouza - LSR Format
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.
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.
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.
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
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)
I /We have examined & verified the Documents as mentioned in the Schedule Ill attached
herewith.
SCHEDULE-(lll)
(LOT-I)
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
& 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)
12 Village Map of
Xerox
Koudukol
13 Aadhar / PAN Xerox
Schedule – III
(LOT-III)
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.
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
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.
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
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
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
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.
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
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.
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: -
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
.
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
extant provisions?
Observations, if any.
OFFICE ADDRESS
BIKASH KUMAR ROUTRAY Gopabandhu Nagar,
(Advocate) Jagatpur, Cuttack-754021
Orissa High Court, Cuttack Mob : 9437093557
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.
Note: This format is only illustrative and any other additional/relevant details shall be
furnished wherever applicable.