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FORMAT OF SEARCH REPORT OF BANKS | WHAT IS TITLE SEARH REPORT | LEGAL SCRUTINY REPORT FOR BANK LOAN


WHAT IS FORMAT OF SEARCH REPORT OF BANKS | WHAT IS TITLE SEARH REPORT | LEGAL SCRUTINY REPORT FOR BANK LOAN 


WHAT IS A SEARHC RPORT ? The search report OR title report traces the history of a company or the assets held by that company - that who is the real owner of the property/assets and the how the said property has mortgaged with other banks over a period of time before reaching to the current bank, who seeks the search report. This is very important part of a loan process by Banks to the persons or Companies and the search report generally prepared and drafted by Professionals or Advocates, who after visiting the concerned registrar’s office and inspects the documents of property over the period of more than 13 years. 

Here is the actual format of a search report or title report for sanction a bank loan. It consists 8 parts. 

                                                        (1)       

To,

The Branch Manager,

Sarva Haryana Gramin Bank,

Branch .........................

SPECIAL REPORT ON TITLE

Reg:   Property situated within the revenue estate of ................, Tehsil ..............., Distt. ............................ belonging to  Sh....................................

 

ASPECTS  TO BE   CONSIDERED  

Counsel’s Statement

A

 Particulars

 

1-

Name of the borrower with address.

 

Sh. ..........................................

 

2-

Name of the person offering  Mortgage with  parentage / constitution and address .

Sh. ..........................................


3-

Detail of the property

 

 

 

            That as per Jamabandi for the year 2017-18 the applicant Sh. .......................................... is joint owner in possession of the agrl. Land to the extent of 1/6h share in khewat/khata no. ......................................., total measuring ..... Kanal ....... Marla, the share comes to ...... Kanal ..... Marla, situated within the revenue estate of ..................

B-

B Investigations

 

1-

Detail of the  title deed / documents ( including link deeds/ parent deeds) to be mortgaged  (with full particulars regarding  nature of the documents, date of execution and details of  registration)

The list of document is very long so the same is mentioned in the last of this TIR.

2-

 Whether documents given to the counsel  have been obtained from the registrar office.

                

Certified copies of revenue record.

 

3-

Whether the documents in hand are compared with the certified copies and whether the documents  given raise an doubt   or suspicion?

No.

4-

Whether the registration particulars number and date and page particulars as given in the title deeds shown to the counsel tally with the particulars a stated in the records of the Registrar Office?

 

 Not applicable.

5-

 Whether the registration particulars number and date and page particulars as given in the title deed tally with the particulars as stated in the certified copy as obtained from the registrar’s office?

The Certified copies of the revenue record are tally with the original record of the office of Sub-Registrar ........ and found in order.

6-

 Whether the photographs of parties as affixed in conveyance e deed/ title deed tally with the photographs seen in the certified copy as obtained from the Registrar’s Office?

Not applicable.

7-

Whether contents of the as given in the title deed tally verbatim with the contents as stated in the certified  copy obtained  from the registrar’s  office ? If not , variation be specified . What is its effect ?

 

 Yes

8-

Whether  the property  has been mutated in the name of the person offering the mortgage ?

Yes, the property is  recorded in the name of  mortgagors  in  the revenue record.

9-

Whether  equitable mortgage can be created as the place where the branch disbursing the loan is satiated ?

The simple regd. Mortgage can be created by the mortgagor  in favour of the bank.

10-

Whether there is any bar under any local law for the creation of the mortgage of the property to be mortgaged?  ( in some states , there are legal restrictions on creation of the mortgage ?( in some states  there are legal  restrictions  on creation of the mortgage agrl.  Property for non- agricultural  purposes)

 No bar and restrictions.

11-

Whether there are any restrictions regarding  sale of the property to be mortgaged ?  ( in some states  there are restrictions for sale of  property to residents  outside the state )

 No.

12-

Whether all the approvals  clearance  / sanctions required for creation  of the mortgage have been obtained ? if not obtained  what are such sanctions approvals and clearance yet to be obtained ?

 Yes.

13-

Whether the property is ancestral / or under joint ownership or the minor is having interest in the property? if so, its effect thereof.

That this is the ancestral land of the applicant.

14-

Whether  the property to be mortgaged has been acquired under Land Acquisition Act, 1894?

 No.

15-

Whether Urban Land  ceiling Act is applicable  in the state where the property is located ?

 No.

16-

In case of leasehold property, whether permission */ NOC from the lesser is required for creation  of mortgage ? Whether permission of the lesser / NOC is obtained ?

 

Not applicable

17-

What is the rate of sharing of neared income with lesser, in the event  of sale of the property ?

 

Not applicable

18-

Whether  copy of the tile deed’s favoring lesser ( other  than Govt.  is mare available to examine the validity of the lease.

 

Not applicable

19-

Whether the terms  and conditions given in the lease deed have been complied with ?  if any  conditions is violated , effect thereof ?

 

Not applicable

20-

Whether  any permission of income Tax Authorities /Assessing  officer is required under the provisions of income tax Act for creation of mortgage or any certificate is to be  submitted to the Bank to show that  no dues are outstanding to the Income Tax Department ?

 

Not applicable

21-

In  respect of agriculture land, whether land is declared surplus or under consolidation of holdings ?

No.

22-

Whether  certified  copies of Revenue Records has been obtained and examined to confirm that no dues are outstanding toward the mortgagor ?( copies of  revenue record be submitted to the bank while submitting the certificate of  tile investigation )

 Yes, the certified copies of revenue record are available.

 

                                                                                                                Legal Advisor

         

                                                                         (2)  

SEARCH REPORT

To,

The Branch Manager

Sarva Haryana Gramin Bank,

Branch ............

                                         Search report relates to searches made in :

Sub Registrar office.

              ................

          The search was carried out by me for the purpose. Inspection was made for the period from 2007 to  2022 at the Sub-Registrar Office ............... vide search receipt No. ………….. dated ……-01-2022.

          The search report  disclosed the followings encumbrances :-

That this land of the applicant is  free from all- sorts of encumbrances.

Chain of title for the past more than 13 years:

           I have searched the record of office of Sub Registrar .............. as on date for the past more than 13 years qua the property  in question and found that the applicant is coming joint owner in possession of the said land regularly and continuously as per entries made in Jamabandi for the year 2017-18 and  the  name of applicant is incorporated in the revenue record  as owner in possession. The applicant has  a good, clear and marketable title in the land in question. This is the ancestral land of the applicant.

Documents to be retained at the time of creation  Mortgage:-

a-    Certified copy  of Jamabandi for the year  2017-18.

b-    Copy of Mutation no........

c-    Copy of Khasra Girdawari for the year 2021-2022.

      Affidavit

       Inspection Receipt No…………….. dated …….-01-2022. 

                        Legal Advisor       


(3) 

Certificate

To,                                                                  

The Branch  Manager

Sarva Haryana Gramin Bank,

Branch ...............

Opinion  on investigation of title  and  obtaining of search report in respect  of the agrl. land of Sh. .......................................

As requested, I have conducted the legal investigation of the title and made a search of records in the registration office and other offices as required in the matter.

I have answered all the queries in the special report which is  enclosed

I hereby  certify that the revenue record  contents thereof tally with the original as stated in the records of office of Sub- Registrar ............assurance as well as with certified copy of the revenue record, which have been obtained by me is enclosed with this certificate .

I have found that the property is free from all sorts of encumbrances.

I have certify that  Sh. ........................................... has good,  clear, valid and marketable title over the above said property and the property of the applicant is free from all sorts of encumbrances.

                                Legal Advisor      


                                                                             (4) 

Declaration under Section 4(1) of The Haryana Agriculture Credit Operations and Miscellaneous Provisions (Banks) Act 1973. 

I, ...................................................................being desirous of availing myself of financial assistance from the Sarva Haryana Gramin Bank Branch ..........................,   make this declaration as required by Section 4(1) of The Haryana Agriculture Credit Operations and Miscellaneous Provisions (Banks) Act 1973, that I/We, Sh. ..................................................own the land specified below, and I herby create a charge on the said land /interest in land in favour of the Bank for securing the financial assistance Rs...................................(Rupees… …………………………….) for the purpose of ……………………..……which the Bank may make and for all future assistance if any, which the Bank may make to me together the interest and costs and expenses thereon.

I further declare that there is no encumbrances on the said land specified below.

Details of Land :

     That as per Jamabandi for the year 2017-18 the applicant Sh. .......................................... is joint owner in possession of the agrl. Land to the extent of 1/6th share in khewat/khata no. ......................................., total measuring ..... Kanal ....... Marla, the share comes to ...... Kanal ..... Marla, situated within the revenue estate of ..................

                                                                                          Signature of Borrower(s)


In witnesses whereof  I ………………………………… do here under set my hand on this…….…..day of …..…….in the Year Two Thousand Twenty one.

Witnesses:-

Signed and delivered by the above named in the presence of:-

(1)-----------------------------------------

 (2)  -----------------------------------------

 

                                                                                       Attested by

 

Forwarded with compliments to the Tehsildar/ Revenue Officer concerned with a request to include the particulars of the charge………………………created under  the declaration in the record of rights and to return to the Bank for its record.

For  Sarva Haryana Gramin Bank

        Manager 

Forwarded to Halka Patwari for necessary charge creation                          

Tehsildar/Sub Registrar

 

Returned with compliments to the Manger Sarva Haryana Gramin Bank  Branch …………………….. The charge created under the declaration is duly included in the record –of- rights on the Sr. No. ………….day of ……..2022.


                                                                                                Signature of Patwari

Return with compliments to the Manger Sarva Haryana Gramin Bank. The charge created under the declaration is duly included in the record of right on ……. Day of ………..  2022.

Sub –Registrar

 

                                                                     (5) 

To,

The Tehsildar

……………………….

Subject :     Mutation letter for enter the bank lien in the revenue record

Dear Sir,

We hereby forwarded the following declaration under section 4(1) for noting  of bank’s charge on the land mortgaged by borrower(s)

Sr No.

Name of borrower

Date of declaration

1

 

 

 

2

 

 

 

3

 

 

 


Kindly arrange for noting our bank’s charge over the land mortgaged in aforesaid case.

Your’s faithfully 

Branch Head/Authorized signatory

Sarva Haryana Gramin Bank ………………..……….Branch

 

                                                        (6) 

 To,  

The Tehsildar

……………

Entrance  and confirmation of mutation

Dear Sir,

I,.................................. has/have been sanctioned loan Rs.……………………(Rs. …………………………………………….)  for purchasing / purpose of i.e. ………….  ……………………. For CC Limit/ Crop Loan under SHGB KCC scheme for agrl. purpose.

And.

Sh………………………………………………………………………….As above.

Mortgage his/their/her under mentioned land with the bank as security

Details of the property

       That as per Jamabandi for the year 2017-18 the applicant Sh. .......................................... is joint owner in possession of the agrl. Land to the extent of 1/6h share in khewat/khata no. ......................................., total measuring ..... Kanal ....... Marla, the share comes to ...... Kanal ..... Marla, situated within the revenue estate of ..................

 

    Certified that the contents given above are the true copy made in the declaration which in the custody of the bank, it is requested that said mutation may be please be get entered and confirmed. The duplicate copy may be returned after compliance possible. 

   Your’s faithfully

  Branch Manager

Certified that the said mutation for said property mortgaged in favour of the Sarva Haryana Gramin Bank ………………………Branch is entered on…………………. Sr.  No……………………. and same has been confirmed on.

                                                                                                      Sign. Of Patwari TS


(7)

Affidavit.

I, ...................................................................do hereby solemnly affirm and declare as under:

  1. That we/I have approached to the Sarva Haryana Gramin Bank Branch .............. of the loan facilities to the tune of Rs. ………………………/-(Rs.………………………………) initially on the security of my property and that basis the bank may take up the proposal.
  2. That I am furnishing the following declaration and information which are the true and real facts and the bank can rely upon the same to consider my loan application.
  3. That the deponent is owner in possession of the agrl. land measuring  ... Kanal ..... Marlas, situated within the revenue estate of  ............. according to the revenue record.

a)   That I have not created any charge/hypothecation over the above said land in favour of any individual /group of individuals /company/firm/ organization institution etc. as a security for any loan, by way of equitable mortgage, deposit of title deeds, or registered mortgage by any other means.

b)    That the said property is not under /subject to any order of injunction or attachment or forfeiture or impounding or any similar order of whatever name/description from any Civil or  Criminal courts/ sales tax/ income tax/revenue recovery of such other authority and I undertake not to do or omit to do any acts which might result in issuing of any such order on the said property at  any time discharge of my entire liabilities to the bank .

c)     That the  above mentioned property is not the subject matter of any civil suit /litigation either filed by me or filed against me by family members ,relatives of any other persons .

d)    That  I have paid all the taxes /revenue etc. up  to date to the authority concerned and not in arrears of sales tax, income tax, \professional tax ,or any revenue due to local authority  and no proceedings are pending in any of the courts /Tribunals regarding the same.

e)     That neither I nor any’ of my agent/ attorney holder has  entered into an agreement to sell in favour of any individual/ group of individual/ company / firm/ organization  institution  in respect of the property mentioned in the report.

f)     That I have not availed advance / loan facility  from any others person/ group of persons / bank/ institution etc. in connection with the above property.

g)    That the property I am offering as security has not been leased to any person/ group of persons/ company / firm/ organization / institution etc.

h)    That the deponent has not availed any type of loan from any bank or financial institution.

i)  That neither any General Power of Attorney  nor any Special Power of Attorney has been executed by me in favour of any person/group of persons / company / firm/ company / organization /institution etc. for any purpose that may defeat the interest of bank. That the documents produced before the LA are real and genuine and not fake.

j)     That no civil suit or any proceedings are pending in any court of law and no proceedings for acquisition of the property which is mentioned in the Legal opinion of legal advisor is pending before any court /Tribunal/Authority.

4.   That I am fully aware  that the loan will be sanctioned on the security of the property mentioned above by the Sarva Haryana Gramin Bank Branch ......... purely on the basis of this declaration.

5.   That no case on the said property is pending in any court of law and also that no proceedings for acquisition of the said property is pending  before any court /tribunal-/-authority.

6-    That I will be liable for civil and criminal action,  if any one or more of above declaration is/are found out to be false or incorrect.

7-    That the above mentioned facts and information are true to the best of my knowledge and belief.

8-    ­That the deponent has not taken any loan or financial institution or Corporative society against the said property.

      ( Owner(s) of the property

Verification : Verified that  the above said deponent who knows English who has under stood above after being told in Hindi solemnly affirmed on oath before me 

Deponent(s)                     


(8) 

To,

The Branch Manager,

Sarva Haryana Gramin Bank

Branch..........

Certificate regarding Non Encumbrance

It is to certify           

                     That as per Jamabandi for the year 2017-18 the applicant Sh. .......................................... is joint owner in possession of the agrl. Land to the extent of 1/6h share in khewat/khata no. ......................................., total measuring ..... Kanal ....... Marla, the share comes to ...... Kanal ..... Marla, situated within the revenue estate of ..................and the above said land is  free from all sorts of encumbrances and attachment such as prior sale, mortgage, lease, agreement, gift,  simple regd. mortgage, etc. The applicant is fully competent  to sell, mortgage or dispose off the above said land in any manner whatsoever.                                           

                                                                                                                     Legal Advisor


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