LEGAL SCRUTINY REPORT

Ref:- DATE:- 27.01.2021

To,
Cluster Manager-Legal , Hinduja Housing Finance, Ranchi
Sub: Legal Scrutiny Report in respect of the file of
Application No. JH/JMR/RNCI/A000000902
Name of Applicant Mr. SANJEEV KUMAR MISHRA
Name of Co – Applicant/s

Purpose of Loan TAKE OVER FROM

(SHUBHAM HOUSING DEVELOPMENT FINANCE
CO LTD)
Lead amount
The property is found / proposed to be found in
whose name?

PART – I DESCRIPTION AND SCHEDULE OF THE CONCERNED PROPERTY:

ANCHAL NAMKUM

MAUZA MAHILONG

HALKA 01

P.S. NO 176

KHATA NO 81

KHESRA NO./PLOT NO. 1441

SUB REGISTRY RANCHI

DISTRICT RANCHI

AREA 1.86 Decimals

BOUNDARIES
DIRECTION DEMARCATION
NORTH Proposed Road
SOUTH R.S PLOT NO 1442
EAST BINITA SINGH
WEST R.S PLOT NO 1441/PART
 PART–II LIST OF DOCUMENTS SCRUTINIZED

S NO. DATE NAME OF THE DOCUMENTS (DETAILS) WHETHER ORIGINAL /

PHOTOCOPY
1. 26.10.2016 Copy
Sale Deed No. 7602 dated 26.10.2016 in favour of Ram Janki
Mishra W/o Shyamanand Mishra
2. 06.01.2017 Copy
Mutation Case 3525 R 27/ 2016-17 vide order dated
06.01.2017 in favour of Ram Janki Mishra W/o
Shyamanand Mishra
3. 01.13.2017 Copy
Rent Receipt in the name of Ram Janki Mishra W/o
Shyamanand Mishra bearing receipt no 1484322356 paid
for the year 2016-17
4. 19.02.2008 Copy
Sale Deed No. 2824 dated 19.02.2008 in favour of Birendra
Kumar Singh, Kashinath Mahto, Rana Rajaram Singh and
Rajendra Singh
5. 27.01.2021 Online Copy
Records of Rights (Khatiyan)
6. 27.01.2021 Online Copy
Register II in the name of Ram Janki Mishra W/o
Shyamanand Mishra

PART – III FLOW/CHAIN OF THE TITLE

1. RECORDED TENANT IN REVISIONAL RECORDS IN THE NAME OF DOGLO LOHAR AND

OTHERS AND DEVOLUTION IN THE NAME OF BUDHRAM LOHAR & OTHERS.
That during the Cadestral Survey in respect of the said land larger portion of this land was
recorded in the name of Doglo Lohar and others.

Doglo Lohar died leaving behind his four sons (1) Budhram Lohar (2)Bijeram Lohar (3)
Ropna Lohar & (4)Ramjatan Lohar who inherited the larger portion of the above said
property.

The said fact for recorded tenant in name of Doglo Lohar and others has been observed while
the perusal of the Records of Rights (Khatiyan) available at the online portal at
ttps://jharbhoomi.nic.in/jhrlrmsmis/ of the department of Land Revenue and Registration ,
Govt of Jharkhand.
2. PROPERTY INHERITED BY CHEDI LOHAR AND LAJHER DEVI

(1) Budhram Lohar (2)Bijeram Lohar (3) Ropna Lohar & (4)Ramjatan Lohar remained in
peaceful possession over their share of land and. Ramjatan Lohar died leaving behind Chedi
Lohar and Jira Devi. Chedi Lohar Further died leaving behind his daughter Lajher Devi.

Henceforth Jira Devi and Lajher Devi came in peaceful possession over the said property

3. PROPERTY DEVOLUTION IN THE NAME OF BIRENDRA KUMAR SINGH, KASHINATH

MAHTO, RANA RAJARAM SINGH AND RAJENDRA SINGH.
Jira Devi and Lajher Devi remained in peaceful possession over the said property and later
they sold this property measuring 15.75 decimlas to Birendra Kumar Singh, Kashinath Mahto,
Rana Rajaram Singh and Rajendra Singh vide sale Deed no 2824 dated 19.02.2008. The said
deed was duly registered in the Office of District Sub- Registrar Ranchi .
Henceforth Birendra Kumar Singh, Kashinath Mahto, Rana Rajaram Singh and Rajendra Singh
came in peaceful possession over the said property

4. LAND REVENUE RECORDSIN THE NAME OF PREMIKA DEVI

That post purchase of the aforesaid property Birendra Kumar Singh, Kashinath Mahto, Rana
Rajaram Singh and Rajendra Singh got the property mutated in his name vide mutation case
no 1844 R 27/ 2009-10 and have been paying property tax in their name vide receipt no
JH/01-A072963 paid for the year 2015-16.

5. PARTITION AMONG BIRENDRA KUMAR SINGH, KASHINATH MAHTO, RANA RAJARAM

SINGH AND RAJENDRA SINGH.
Birendra Kumar Singh, Kashinath Mahto, Rana Rajaram Singh and Rajendra Singh were in
peaceful possession over the said property and later thay got the property orally partitioned
among themselves and the property mentioned in PART – I came in the share of Rana
Rajaram Singh and Rajendra Singh.

Note :- As the property has been partitioned orally and there is no written evidence of same. No
objection from Birendra Kumar Singh, Kashinath Mahto shall be collected to safeguard the
interest of bank.

6. PROPERTY DEVOLUTION IN THE NAME OF RAM JANKI MISHRA

Further Rana Rajaram Singh and Rajendra Singh remained in peaceful possession over the
said property and they later sold the property admeasuring 1.86 decimals to Ram Janki
Mishra vide sale deed no 7602 dated 26.10.2016. The said deed was duly registered in the
Office of District Sub- Registrar Ranchi .

Henceforth Ram Janki Mishra W/o Shyamanand Mishra came in peaceful possession over the
said property

7. LAND REVENUE RECORDSIN THE NAME OF PREMIKA DEVI

 That post purchase of the aforesaid property Ram Janki Mishra W/o Shyamanand Mishra got
the property mutated in her name vide mutation case no 3525 R 27/ 2016-17 and have been
paying property tax in her name vide receipt no 1484322356 paid for the year 2016-17

The said fact has been verified on the online portal of Land & Revenue Department
Government of Jharkhand https://jharbhoomi.nic.in/.

8. WHETHER THE SAID PROPERTY IS NON-AGRICULTURAL OR NOT?

The said property is Residential as per the Sale Deed.

9. WHETHER A VALID MORTGAGE SHALL BE POSSIBLE OR NOT?
Yes, Valid Equitable Mortgage

PART – IV EVIDENCE OF TITLE OF PROPERTY

TYPE OF DEED ASCERTAINING TITLE

DEED NUMBER 7602
DEED DATE 26.10.2016

PART – V NATURE AND STATUS OF THE PROPERTY

STATUS Freehold
NATURE Residential
PART – VI OTHER PROVISIONS:

SR PARTICULARS YES/ REMARKS, IF

NO. NO NECESSARY

1. WHETHER PROPERTY TO BE GIVEN AS NO

SECURITY IS SUBJECT TO ANY MINOR’S
CLAIM/SHARE

2. WHETHER PROPERTY IS AFFECTED BY THE NO

REVENUE OR TENANCY OBILGATION

3. IN CASE OF FLAT PURCHASE, WHETHER NA

BUILDER IS A PRIVATE / LIMITEDCOMPANY?

4. WHETHER UPTO DATE TAX/LAND REVENUE HAS NO UPTO DATE LAND

BEEN PAID REVENE TAX RECIEPT
WOULD BE REQUIRED AT
THE TIME OF
DISBURSEMENT
5. WHETHER ALL THE TITLE DOCUMENTS FOR LAST YES In Copy
13 YEARS IS ASCERTAINED

6. WHETHER REQUIRED DOCUMENTS ARE YES

AVAILABLE FOR CREATINGMORTGAGE.

7. WHETHER ALL THE PREVIOUS OWNERS HAD THE YES

RIGHT/COMPETENCY TO TRANSFER OF THE
PROPERTY.

8. WHETHER PROPOSED MORTAGE BY DEPOSIT OF YES

TITLE DOCUMENT (EQUITABLE MORTGAGE) IS
POSSIBLE

9. IF THE PROPERTY IS A FLAT/APARTMENT, HOW NA

FAR INDEPENDENT TITLE IS ENSURED

10. WHETHER PROPERTY HAS BEEN TRANSFERRED/ NA

TO BE TRANSFERRED BY POA HOLDER OF THE
ORIGINAL LAND OWNER IN FAVOUR OF THE
LOANAPPLICANT

11. WHETHER POA HOLDER OF THE ORIGINAL LAND NA

OWNER HAS/HAD AUTHORITY UNDER POA

12. WHETHER POA RECORDED IN SN11 IS NA

REGISTERED

13. WHETHER THE PROPERTY IS LEASE LAND, IF NO

YES WHT IS THE TENURE OF THE LEASE AND
WHAT IS THE RESIDUAL PERIODLEFT?

14. WHETHER THE PROPERTY/LAND IS JOINT FAMILY NO

PROPERTY

15. IS THE PROPERTY SUBJECT TO ANY NO

RESERVATIONS/ACQUISTIONS/REQUISTIONS?
 16. WHETHER PROPERTY BELONGS TO SC/ST NO
(JHARKHAND)

17. WHETHER LAND IS AGRICULTURAL NO

18. WHETHER REAL ESTATE REGULATORY NA

AUTHORITY 2016 (RERA) IS APPLICABLE ORNOT?

19. IN CASE OF BALANCE TRANSFER / TAKEOVER NA

CASES, WHETHER ORIGINAL LOD RECEIVED
FROM BANK OR NOT?

20. WHETHER SEARCH REPORT / NON- YES

ENCUMBRANCE ARE APPLIEDFOR?

21. WHETHER PROVISIONS OF URBAN LAND CEILING NO

ACT ARE APPLICABLE?

22. WHETHER THE LAND IS CATEGORIZED UNDER NA

THE CNT ACT?

23. WHETHER THE LAND IS CATEGORIZED UNDER NA

THE SANTHAL PARGANA ACT?

24. WHETHER APPROVED MAP / SANCTION MAP HAS NA

BEEN PROVIDED?

PART VII DOCUMENTS TO BE COLLECTED BY HINDUJA HOUSING FINANCE LIMITED FOR

CREATING A VALID MORTGAGE

S NO. DATE NAME OF THE DOCUMENTS (DETAILS) WHETHER ORIGINAL /

PHOTOCOPY

1 26.10.2016 Copy
Sale Deed No. 7602 dated 26.10.2016 in favour of Ram
Janki Mishra W/o Shyamanand Mishra
 2 06.01.2017 Copy
Mutation Case 3525 R 27/ 2016-17 vide order dated
06.01.2017 in favour of Ram Janki Mishra W/o
Shyamanand Mishra
3 Copy
Rent Receipt in the name of Ram Janki Mishra W/o
Shyamanand Mishra for 1.86 Decimals of land paid for
the year 2020-21
4 19.02.2008 Copy
Sale Deed No. 2824 dated 19.02.2008 in favour of
Birendra Kumar Singh, Kashinath Mahto, Rana Rajaram
Singh and Rajendra Singh
5 27.01.2021 Online Copy
Records of Rights (Khatiyan)
6. 27.01.2021 Online Copy
Register II in the name of Ram Janki Mishra W/o
Shyamanand Mishra
7. 28.03.2018 Acknowledgment for List of Documents Submitted ORIGINAL
before SHUBHAM HOUSING DEVELOPMENT FINANCE
CO LTD
8. NO OBJECTION FROM SHUBHAM HOUSING ORIGINAL
DEVELOPMENT FINANCE CO LTD FOR CLOUSURE OF
LOAN ACCOUNT NO.APPL05029259
10. STATEMENT OF ACCOUNTS SHUBHAM HOUSING ORIGINAL
7 DEVELOPMENT FINANCE CO LTD BEARING LOAN
ACCOUNT NO.APPL05029259
11. NON- ENCUMBRANCE CERTIFICATE CUM SEARCH ORIGINAL/ONLINE
8 REPORT

12. DOCUMENTS SUBMISSION ACKNOWLEGMENT ORIGINAL

LETTER
PART – IX FINAL OPINION

The present owner Ram Janki Mishra W/o Shyamanand Mishra having a valid title and possession upon
the aforesaid property and the property is fit for equitable mortgage

PART – X CERTIFICATE

In view of the foregoing, I certify that the title deeds intended to be deposited, relating to the property
and offered as security by way of equitable mortgage and the documents of title referred to above are
perfect evidence of the title and that if the said equitable mortgage is created in the manner required by
law, it would satisfy the requirements of creation of equitable mortgage.

I further certify that the present owner Ram Janki Mishra W/o Shyamanand Mishra having a valid, clear,
marketable and unencumbered right in the property stated above as per the perusal of the documents
so mentioned in PART -II of this legal opinion
 The mortgage if created will be available to HHFL for the liability of the intending borrower Mr.
SANJEEV KUMAR MISHRA once the Balance Transfer transaction is completed with SHUBHAM HOUSING
DEVELOPMENT FINANCE CO LTD as the property is mortgaged with the said institution presently.

Remarks, if any: -

 The required documents as per PART-VII of this report must be present at the time of
disbursement.
 No Original Documents are perused and opinion is given on copies of Deed and Online
records.
 It is to be mentioned that the said property is mortgaged with SHUBHAM HOUSING
DEVELOPMENT FINANCE CO LTD henceforth it should be ascertained that there is no
other link loan with the aforesaid property and Applicant there.
 As the property has been partitioned orally and there is no written evidence of same. No
objection from Birendra Kumar Singh, Kashinath Mahto shall be collected to safeguard
the interest of bank.
 The NON- Encumbrance Certificate and Search report is conducted through ONLINE
RECORDS and henceforth would reflect only any Registered Mortgage/Charge/Registry
transaction (If any).

Report Prepared By

KandarpVatsyayan
Advocate