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AN KIT JAISWAL,ADvocATE Rajasthan High Court Jaipur To, The Branch Incumbent Oriental Bank of Commerce R.C.D.F, Jaipur. Office:-B-24 Shakti Nagar, Tonk Road, Jaipur mobile: 93141-38285 [-mail: [email protected] CERTIFIACATE BY ADVOCATE I have visited the branch and verified the documents of the title deeds as given Legal opinion dated 23-04-2015 by Advocates in respect of the property in the name of Mis Swadeshi Huildteeh and Pitamher IIhatia address I'lot No. 44, 45, 46, 47 at scheme "0.1, Income Tax Colony. Bind.I\'ka, .Jagatpura Road. l\Jalviya N;lgar, Jaipur measuring 1368.88 sqvard . Deposited by the borrower Mis Swadeshi Buildtech Through Partners Ashok Tejwani, Dinesh Agarwal, Nikhil Agarwal. Manish Bhatia and Pitamber Bhatia to create equitable mortgage and certify that the documents delivered to the branch for creation of equitable mortgage as mentioned in the mortgage register are the Original and genuine constituting complete chain of title deeds and I do not inspire any doubt or suspicions. I further certify that the documents are not colour Xerox copies of the originals. I further certify that I have made spot verification of the property by way of personal visit. I further certify that loaning documents held are in order legally and fully enforceable in court of Law. I have also examined the aforesaid documents obtained in the abovementioned account(s. Keeping in view of the terms of sanction and in accordance with enclosed check list, I also certify that documents obtained by the bank shall cover all the facilities I securities. The documents are duly stamped and are enforceable before the Court of Law having regard to the terms I conditions of the sanction. Swadeshl BuUdtech ~r Signature of the Empanell~~ ate (Anl@Hais\ r \\- \ " \6~

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Page 1: ANKIT JAISWAL,ADvocATErera.rajasthan.gov.in/Content/uploads/e8a73978-2af4-4a11-a113-ab1… · Pitamber Bhatia dated 20-11-2006. xiv. Original Name Transfer letter issued by JDA inthe

AN KIT JAISWAL,ADvocATERajasthan High CourtJaipur

To,

The Branch IncumbentOriental Bank of CommerceR.C.D.F,Jaipur.

Office:-B-24 Shakti Nagar,Tonk Road, Jaipur

mobile: 93141-38285[-mail: [email protected]

CERTIFIACATE BY ADVOCATE

I have visited the branch and verified the documents of the title deeds as given Legalopinion dated 23-04-2015 by Advocates in respect of the property in the name of MisSwadeshi Huildteeh and Pitamher IIhatia address I'lot No. 44, 45, 46, 47 at scheme"0.1, Income Tax Colony. Bind.I\'ka, .Jagatpura Road. l\Jalviya N;lgar, Jaipurmeasuring 1368.88 sqvard .

Deposited by the borrower Mis Swadeshi Buildtech Through Partners Ashok Tejwani,Dinesh Agarwal, Nikhil Agarwal. Manish Bhatia and Pitamber Bhatia to create equitablemortgage and certify that the documents delivered to the branch for creation of equitablemortgage as mentioned in the mortgage register are the Original and genuine constitutingcomplete chain of title deeds and I do not inspire any doubt or suspicions.

I further certify that the documents are not colour Xerox copies of the originals.

I further certify that I have made spot verification of the property by way of personalvisit.

I further certify that loaning documents held are in order legally and fully enforceable incourt of Law.

I have also examined the aforesaid documents obtained in the abovementioned account(s.

Keeping in view of the terms of sanction and in accordance with enclosed check list,

I also certify that documents obtained by the bank shall cover all the facilities I

securities. The documents are duly stamped and are enforceable before the Court of Law

having regard to the terms I conditions of the sanction.

Swadeshl BuUdtech

~r

Signature of the Empanell~~ ate

(Anl@Hais\ r

\\- \ "\6~

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-"

Annexure - B1

CERTFICATE BY ADVOCATE IN LOAN NC of Mis Swadeshi Buildtech-

The following facilities have been sanctioned to the captioned borrower:-

Nature of facility :. Equitable Mortgaged loan on MIs Swadeshi Buildlech andpitamber Bhatia address Plot No. 44. 45. 46, 47 at scheme

no, 1, Income Tax Colony. Blndayka. Jagatoura Road. Malviya

Nagar. lalour measuring 1368.88 sgyard .Corporate addressC-34kA, Hans Marg. Malviya Nagar. Jalpur.

1- Sanctioned amount / limit

2. Property Documents obtained

TIL 4.80 lacs

Pial No. 44

i. Original Registered Lease deed of plot no. 44

issued by JDA in the name of Smt. Prem Lata

Agarwal Khasra vide No 251 dated 15.11.02 with

site plan.

ii. Original Registered sale deed of the property

executed by Smt. Prem Lata Agarwal in favour of

Smt. Pramodini Arya and Smt. Savita Arya

registered on dated 22.09.2010

iii. Original Name Transfer letter issued by JDA in the name

of Smt. Pramodini Arya and Smt. Savita Arya vide

no. D-2865 dated 9.11-2010

iv. Original Registered sale deed executed by Sml.

Pramodini Arya and SlOt. Savita Arya in favour of

Mis Swadeshi Buildtech Through partner Nikhil

Agarwal dated 24.03.2014.

v. Original Name Transfer letter issued by JDA in the name

of MIs Swadeshi Buildtech Through partner Nikhil

Agarwal dated 24-03.2014 vide no. D.1604

dated 19.5.2014.

PLOT NO.45

Original amended deed executed by Smt. ManjulaGupta in favour of MIs Swadeshi BuildtechThrough partner Nikhil Agarwal dated 28.04.2014.

~adeshl BuUdlech

~

vi. Original Registered Lease deed of plot no. 45 issued

by JDA in the name of Smt. Manjula Gupta W10

S.P Gupta vide No 3823 dated 7.03.2001

vii. Original Site plan of the property.

viii. Original Registered sale deed executed by Smt.

Manjula Gupta Wlo S.P Gupta in favour of MIsSwadeshi Buildtech Through partner

Agarwal dated 09.04-2014.

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x. Original Name Transfer letter issued by JDA in the name

of MIs Swadeshi Buildtech Through partner Nikhil

Agarwal dated 14-5-14 vide no. D-1548.

PLOTNO.46

xi. Original Registered Lease deed of plot no. 46 issued

by JDA in the name of Sm!. Pramila Gupta Wlo

G.C. Gupta vide No 3820 dated 30-05-2001

xli. Original Site plan of the property.

xiii. Original Registered sale deed executed Smt.

Pramila Gupta Wlo G.C. Gupta in favour of

Pitamber Bhatia dated 20-11-2006.

xiv. Original Name Transfer letter issued by JDA in the name

of Pitamber Bhatia vide no. D-142 dated 20-01-07.

PLOT NO. 47

xv. Original Registered Lease deed of plot no. 47 issued

by JDA in the name of Pitamber Bhatia vide No

5694 dated 9-07-2001.

xvi. Original Site plan of the property.

xvii. Original letter of reconstitution of plots issued by JDA

vide no. 0-2601 dated 11.8.2014 in favour of Pitamber

Bhatia and MIs Swadeshi Buildtech Through partner

Nikhil Agarwal.

xviii. Original revised site plan of the property after

reconstituted of all plots as one issued by JDA.

xix. Copy of sanctioned letter for construction of residential

Flats issued by JDA in favour of Manish Bhatia Partner

MIs Swadeshi Buildtech and Pitamber Bhatia vide

no. D-l090 dated 6-05-2015.

xx. Copy of approved site plan from JDA.xxi. Copy of deed of partnership.

xxii. Original sanctioned letter of loan dated 07-08.2015.

xxiii. Loan DOC-6,

xxiv. Loan DOC-38xxv. Loan DOC-22xxvi. Valuation report 18.4-2015

xxvii. NEC23-4-2015.

I certify that all the documents are in order legally and fully enforceable in the court oflaw.

Swadeshl BuUdt~

Partner

Your>sF0ifuti-Anki~\\~\(

(Advocate)

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Nc of of Mis Mis Swadeshi Buildtech BIO R.C.D.F, Jaipur

CHECK LIST - DOCUMENTATION

ANNEXUREB2

GENERAL Comments of theAdvocate

I. Borrower's power for availing loans as per provisions in the following (d)documents Pamership Finn

(a) Memorandum and Articles of Association(b) Consent of General Meeting(e) Board Resolutions(d) Any other document

(Specity) EQUITABLE MORTGAGED

2. Each facility is supported by loan documents and security documents/security YESof loan cum security documents. All other documents as presel ibed orrelevant are obtained.

J. Standard loan documents are properly filled up 1I0nn documents drafted fulfils YESthe requirements as per tenns of sanction (including clauses relating tointerest, security etc.). All inapplicable clauses are deleted & applicableretained.

4. GUARANTEE NIAWhen given by Co., whether object clause penn its, the requirt:ments underSec.295 and Sec.372A (ifannlieable) are complied with.

5. SECURITY YESSecurity documents are obtained in terms of sanction. Mortgage creation is, properly done.

6. STAMPING YESStamoin[? is aoorooriate and as Dt:rratt: in force.

7. EXECUTION YESLoan documents are duly executed by authorised persons I common seal dulysupported by resolution as required under Article of Association.The documents are executed bv all the executants.

8. ATTESTATION YESWherever required, the same has been done.

9. REGISTRATION YESRelZistration if required is cornnleted.

10. Particulars of charge I modification of charge are duly filled up and filed in NIAtime with ROC.

II. Section 20 of SARF AESI Act Registration of all the properties charged I 400010788468mOrloaoed has been done with the Central ReoistrY.

PLACE: JA/PUR

DATE: 16-11-15Swadeshl Buildtech

lilYPartner

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-..

,l

ANKIT JAISWALADVOCATE

Rajasthan High Court

E.mail: [email protected]

Office:.B~24 Shakti Nagar,

Tonk Road, Jaipur

mobile: 93141-38285

1. Name(s) and Address{es) of the Mortgagor(s) I Title holder(s)

MIS SWADESHI nUiLDTECH HEGISTERF:D OFFICF: AT C-341-A. MALVIYA NAGAR JAIPUR

TIJnOUr.lI PAHTNEll.S.

ANNEXUREA1! I >:'~--' . ,

WIth reference to your letter No.Nil Nil I, on the basis of the copies of title deeds forwarded to me

pertaining to the said immovable property and the other information submitted by you, have conducled a

detailed search and investigation and submit my report as under:

Re . TITLE OPINION OF THE PROPERTY SITUATED T PLOT N0.44 45 -16.17 SCHEME NO.)

INCOME TAX COLONY, ninA YKA, JAGATPURA ROAD. J\lALVlYA NAGAR. JAIPUR.

Dear Sir,

The Manager.Oriental Bank of Commerce,R.C.OF.Jaipur

! ,;, ,, !I,! .

2. Description of immovable property

Plot No. I Property No. Area (in Location Boundaries

SQ.YdS.1sQ.mtr:;sq.ft.1acres/hectares

Plot No,44, 45,46,47,' 1368.88 sqyard SCHEME NO.1. INCOME North - P No,43

TAX COLONY. BIDA YKA

• JAGATPURA ROAD.East - Road

MALVIY A NAGAR, South.? No,48

JAJPUR.West. Other land

3 Tile Chain of title deeds scrutinized by me As per Annexure A2 allached herewith

i) Search in Sub-Registrar's Office

(Location, of property of the sub-district within which theproperty IS located and the address of Ih NIAoff,cer I~ case the property is situated in m~r~egjsteringsub.dlstncts/dlstricts, the particulars of all th than onesub-districts/districts and address of th e concerned SWadoffices te be given) e reglsterrng

ii) Search and Investigation

(

,!

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V) Documents pending for rE:~Jistration

(Any minor's interest if involved in the propertyproposed to be mortgaged or any other claims. Ifminor's interest is involved what precautions are to betaken to protect Bank's interest as a mortgagee to be nostated. Please note that if the property belongs to aminor, permission of Court is generally required tocreate the mortgage over the property).

r

I BuSw lGe

no

MIs Swadesi !::Suildtech is the registered

partnership firm Sh Pitamber Bhatiya

registered owner of the plot no. 46 and 47

is the partner if the firm. Rest two plots no.

44 and 46 has been purchased by the firm

through partner Sh. Niktlil Agarwal. later

reconstitution of plots 44 ,45, 46 and 47

was made by the partners of the firm and

JDA issued letter vide nO.0.2601 dated 11-

08-2014 reconstituted all four plots as one

single plot and issued new site plan of the

property measuring 1368.a8 sq yard.

As reports enclosed all facts in relation of

plots no. 44.45,46 and 47 are mentioned

therein.

Reconstitution of plots :-

Urban land( Ceiling and Regulation) Act

1976 has been repealed in the slate of

Rajasthan in the year 1999

Subject property has not been acquired

under the land acquisition Act 1892

IV) Minor's delinquent. unsound, untraced person'sinteresl

III ) Whether the property is ancestral andlor underjoint ownership.

If so, details of the co-parceners IKarla and/or the co-owners. The respective shares should be incorporatedspecifically'

(The search in the records such as index NO.1, IndexNo2. Book No.l/Supplernenlary Book No.1 should bemade atleast for the past 13 years to trace anyencumbrance IS created on the property A briefnarration may be given on the route and chain of title 10the extent of complete chain and how the title ISconferred on the mortgagor. The details of thebooks/indexes searched by Advocate to be stated tnthe event of any break in the chain of title, the detailsthereof specifying how the break in the chain of titletook place 10 be stated and opinion as to whether itwould vitiate Bank's creation of mortgage over theproperty be given. In case of any mortgage, charge orencumbrance subsists over the property, the samemay t:::e highlighted so thaI the Bank ShillJ avoid thesaid property. Confirm and slate that the original titledeeds submitted are origInals registered before theRegistrar of Assurance) and proper stamp duty hasbeen paid.

(The, enquiry is 10 be made whether any documentcreatIng mortgage, charge or encumbrance is pending nofor registration In the concerned Sub-Registrar's/Registrar's office are to be stated If so fulldetails of such charge etc of charge holders' should besneClfled \ I

5. VYhethe.r Urban land (Ceiling and Regulation) Act 197615 a~pllcable in 'Stale where the property is located. Ifappl.'cable whether the immovable property(ies) fall(s):-"Ithrn th.e purview of the Act, verification andinvestigation should be made under Section 26 27~nd 28 of the Act to ensure that mortgagor(s) h~s Iave obtained necessary permiSSion from th

competent authority under the Act 0 eeVIdence sh - _ _ , . ocumentarybe attached ~~~nTh:ur~~~r~rrn(sSlon IS obtained has 10

6. ~heth.er, the propert~. is acquired .under the landcqUlsJIlOn Act 1894 and r .

leoislations. ' app Icabllity of other State

w,

!'I

'}, 'I

,,I.

, ,i.."~.'.,,, \,. ,. '

~(l,

~;.'jl,.

I.

Page 7: ANKIT JAISWAL,ADvocATErera.rajasthan.gov.in/Content/uploads/e8a73978-2af4-4a11-a113-ab1… · Pitamber Bhatia dated 20-11-2006. xiv. Original Name Transfer letter issued by JDA inthe

The following documents in addition to documents mentioned in Chain of documents in original as well ascopies as the case may be alongwith additional docume~ove, varying from case to case

i,-I.

, - 7. Leasehold immovable Property (where land I building is

I, leasehold, please verify the terms of lease, whetherany permission/NOe from the lessors I competent

Subject property as a lease hold propertyauthority is required for creatIOn of mortgage of such, ' leasehold property and advice the precautions to be no permission required for creation of,

: I taken obtaining such property in mortgage)equitable mortgage of such lease hold

"I property.

i 8. Investigation under Income Tax Act 1961(Any No permission is required from I.T Oeptt., permissIon of the concerned Assessing Officer underFor creation of mortgagei any of the provisions of Act is required for creating

I mortgage or any Certificate to be submitted to theBank to show that no dues are outstanding to Income

,Tax Deptt.,

:'

i;!,

9. Investigation in regard to agricultural land (Investigate. ji.. and search the necessary lecords etc. with specific" reference to the land If It is surplus, self-cultivated, if

consolidation of holdings I acquisition proceedings NiAetc. is in progress in the area, whether Governmentloan I any loan raised against the land and detailsabout the charges I encumbrances may be specified,specifically with reference to the Agricultural LandLaws

"

.

I 10. The details of the certified copies of the revenue NIArecords obtained to confirm that the property In

i question has been mutated and no dues are

t, outstanding againstlhe Mortgagor.

~'

11. Any other special enactment which is applicable to the JDA LAWSproperly proposed to be mortgaged and affects thetitle.

12. If ,t os a property owned by the Company the NIAadditional safeguards like search before the Registrar

, of Companies to be obtained be stated.

13. Whether documents given as chain :If title deedsinspire any doubt I suspicion. Is it curable - how?

,NO

(" 14. Reason as to why equitable mortgage is not being NIA

~reated-with- the-brancn-;---where-lhe-property"ls! situated?•,."" 15. Whether any bar to create mortgage as in case of NIA, agricultural land in Delhi? Any CLU I house tax I

Inotification of land vesting in municipal authority?

l 16. Whether any restriction on sale of propelty? eg J & There in no restriction on transfer ofK, Ullaranchal & HP etc.

property in the State of Rajasthan except

t~ansfer of agriculture land of S.C.& S.T

17. Whether any approvals I clearc:nces required or NO Swade shlBuHdteehobtained, detail?

I

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\ I',may also be obtained for creation of valid equitable mortgage by deposit of the title deeds (varying fromcase to case)

J Particulars Comments of Advocate"1"1 1 House Tax assessment order pertaining to property to N/A" be mortgaged,ir 2. Site Plan (sanctioned) REQUIRED

3 House Tax receipt pertaining to property to be REQUIRED,.mortnaned,,

4. Self assessment return form AS PER BANK RULES,I 5. Electricitv I Water Bill REQUIRED, 6. Conv of PAN Card I Drivinq License I Passport etc. YES. HAS TO BE TAKEN BY BANK. 1 7 . Income Tax returns AS PER BANK RULESI 8. Affidavit of mortgagor as to how he/8he is connected AS PER BANK RULES,

with the account in which he f she is furnishing his f herorooertv as securitv.

9. In case of property of Builders, in addition to the GPA I N/A

~!; SPA, Collaboration I Builders Agreement, the PAN No.& ncc of Builder, his history, copy of some regd.

" Documents and endorsement on the original sale deed(if retained by original owner I builder) be made, ifpossible, so that previous do~ument even if retained bythe Owner I Builder cannot be misused., 10. In case the property to be mortgaged is related to the N/A; company, then relevant Resolutions along with copy of

d.. I the minutes, MOA I ADA and ROC record may be

\'0 obtained11. In any case where ever the previous orig;nal title deed N/A

1 - is missing or retained by earlier owner, the original titledeed be seen & endorsed or an affidavit be obtained

Ifrom the person retaining the original title deeds, thathe will not misuse it.

I 12. Affidavit that mortgagor deposited title deeds with YES, AFFIDAVIT TO BE TAKEN BYlir intention, has deposited all documents, would not BANK.,:t misuse any document to detriment of bank etc., may

atso be obtained.t~ 13. The stama dulv oavable on Oral Assent (if aoolicable) N/Af' 14. NOe f No Dues certificate from lessor f land authority. N/A

15. In case of leasehold property. the remaining period of Lease deed issuedlease, any provision for further renewal of lease etc.shall be sepeclfica!ly mentioned The receipt for uptodate oavment of lease rent shall be obtained., 16. In case of HUF I Trust, appropriate affidavit be obtained N/A,& further necessary documents be also obtained In, ,. case of Trust properties, it should also be mentioned:,

~.whether permission from Charity Commissioner or anyother competent authority is reQuired to be obtained.

\ 17. fn case of frat beronging to Cooperative Housing N/Ai Society, necessary further documents i.e. Share

.'( \Certificate, No Objection Certificate from Society afterverifying Ihe related records and receipt for the

j ,J -' payment of upto date dues to the Society be obtainedJ'

I: 18. Since Central Registry ufs 20 of the SARFAESI Act has User 10 and Password not available on the',' been created and notification No.F-56f5f2007-BO-ll site

dated 31"1 March 2011 has been issued, inspection ofI records of centred register through the website of the

Central Registry shalt also be made by the advocate ,concerned and the same shall be stated in theoninion.

I, ,

!

rl!

I,

Page 9: ANKIT JAISWAL,ADvocATErera.rajasthan.gov.in/Content/uploads/e8a73978-2af4-4a11-a113-ab1… · Pitamber Bhatia dated 20-11-2006. xiv. Original Name Transfer letter issued by JDA inthe

i ,

CERTIFICATE

I hereby certify thai I ~.a\'t: personally visited rhe omcc of Registrar I Sub-Registrar I Revenue Authorities

and personally searched and verified the informatioll furnished in this report. I have compared the Lease deed

and sale deeds and reconstitution Jeller issued by JOA given 10 me with the copy of il available in the Office

of Sub-Registrars, and have found Ihat both afC tallying with each other. I also cenif\' thal the ;ille deed in

respect of tile captioned property SITUATED AT PlOT 1\:0.444546 and 47 SCHEME NO.1 INCOME

TAX COLONY BIDAYKA JAGATPURA ROAD MALVIVA NAGAR JAIPUR is genuine, original

alld properly executed. Thl' statement and olher inforlll<ltioll ginn in lhe report are correct and true. I

certify lhal MIS SWADESHI BUILDTECH AND PIT AMBER BHATIY A REGISTERED OFFICE AT C-

34[.A i\fALVIYA NAGAR JAIPUR has the valid, clear, absolute and marketable title over theproperty shown above.

,~,

"I"~'

3- Self attested copy of current Partnership deed of MIs Swadesi Buildtech '..___----

The follOWing person/s should be present personally (alongwith identity proof) to deposit the original

I certified title deeds with your Barlk I Branch for creation of equitable mortgage

4-\etter of Authority in the name of Nikhil Agarwal Partner of MIs Swadesi Builtech to execute sale deed,reqUired

~ -' d f om JDA before any construction done on the reconstitution plots.(5- Map approval and sanction reqUIre r

'--Yours faith~

Signature of the Em~~ ed A ~

~'\lJ3'Place. _Date: _

~ 44 45 46 and 47 remain part of Reconstitution of plQts.( 6- All the NEG done for plots , ,

The following documents shaff be obtained at the time of creation of mortgage

~inal Reconstitution of plots 44, 45, 46 and 47 issued by JDA in the name of MIs Swadesi Buildtech

and Sh Pitamber Bhatia issued by JDAVide no 0-2601 dated 11.08-2014

~Reconstltullon Site planof the property Issuedby the JDA

I" :\I',

"I':";'1"

II,\

,rrI,I,I'j' .'

j;,:C)I.I~,I t I

if'

I';,I.'~II'II,

Lrt '

Swadeshl Build eli

~

Page 10: ANKIT JAISWAL,ADvocATErera.rajasthan.gov.in/Content/uploads/e8a73978-2af4-4a11-a113-ab1… · Pitamber Bhatia dated 20-11-2006. xiv. Original Name Transfer letter issued by JDA inthe

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Page 11: ANKIT JAISWAL,ADvocATErera.rajasthan.gov.in/Content/uploads/e8a73978-2af4-4a11-a113-ab1… · Pitamber Bhatia dated 20-11-2006. xiv. Original Name Transfer letter issued by JDA inthe

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