Federal Bank - Pulikuthi
Federal Bank - Pulikuthi
Building,
Advocate & Notary, Uthamapalayam
RESI. 5-4-2, THENDRAL NAGAR,
UTHAMAPALAYAM,
THENI DISTRICT.
E-Mail:[email protected] Off: 04554 – 265290 & Whatsapp Cell: 98421-65290
To Date: 19-10-2024
The Branch Manager
Federal Bank,
Pulikuthi Branch.
LEGAL OPINION
7. Details of other documents such as power of attorney, legal heirship certificate, death
certificate, partnership deed, memorandum of association, bye laws, resolution etc.
scrutinized.
Boundaries:
Within these boundaries east west 42 feet and South to North 31 feet totally 1302
Sq.feet with usual pathway rights on the west and southern side along with water let out
rice.
Ite Exte Survey Village & Description Boundaries as per title deed
m nt /Re- Taluk of
No Survey properties North East South West
No.
(Pleas
e
specif
y)
130 Natha Ayyampatti Peiyakulam Comm Site sold Vacant Vaca
2 m Panchayat , Registration on by site of nt
1 Sq.ft Sy.No. Markkayankot District, pathw vendor Andicha site
21/2 tai Village, Chinnaman ay to my of
ur Sub Arumug vend
Uthamapalaya Registration am or
m Taluk District,
Ayyampatti
Panchayat,
at
Markkiyank
ottai
Village a
house , Sy.
No.21/2
Exiting Boundaries (as per Location
sketch etc.)
North East South West
do do do do
8 (B): Give specific reasons/ clarifications for
i) the difference, if any, in boundaries as
per title deed and location sketch
ii) variation in the extent of the property as As per patta 796 Sq.ft but as per
per title deed and revenue records Title Deed 765 Sq.ft hence we can
make MODT for lesser extent 765
Sq.ft as per title deed
8 (C): Whether the property is having direct road Yes, on the Southern side
access. If not, provide the details of accessibility to East- West street
road and the legal rights of the owner thereof.
9. Derivation of title for the last 30 years based on the documents mentioned in item 6.
(Effect of specific legislation, if any, affecting the rights, conditions stipulated in the title
documents affecting the rights, risks, precautions and safe guards, if any, to be taken may
be mentioned) Flow of titles of the intended mortgagor and his/its predecessors in
interest from the Mother deed to the latest title deed.
4
The subject property was originally belonged to Ammaluthai as per the Registered
Sale deed dated 05.12.1988 vide Doc.No.2408/1988 executed by N.K.Balasubramanian
and others. The original of the above said Sale deed is on file.
Thereafter the above said Ammaluthai executed a Registered Gift Settlement deed
dated 03.07.2000 vide Doc.No.2184/2000 in favour of her husband N.Muthusamy out of
love and affection. As per the Gift Settlement Deed there was no reservation clause to
revoke the Gift Settlement deed. Hence the Gift Settlement deed is valid before law. The
original of the above said Gift Settlement deed is on file.
Thereafter the above said Muthusamy died on 08.04.2009 intestate leaving his
wife Ammaluthai, Daughters Meena and Santhi and Son Chandran as a legal heirs. As
per Hindu intestate succession the property of Muthusamy ie.Subject property inherited
to his above said legal heirs. Since already Meena and Santhi daughters of Muthusamy-
Ammaluthai executed a Release deed dated 13.03.2000 vide Doc.No.61/2000 in favour
of Ammaluthai, hence the subject property become absolute property to the Ammaluthai
and Chandran. The death certificate and legal heir’s certificate of Muthusamy are on file.
Thereafter the above said Ammaluthai and Chandran sold away the subject
property through their Power Agent A.Nagaraj in favour of applicant M.Stalin as per the
Registered Sale Deed dated 11.05.2010 vide Doc.No.2466/2010 for the valuable
consideration of Rs.1,50,000/-. Then the applicant is in possession and enjoyment over
the property. The original and SRO copy of the sale deed- after verifying as to
genuineness - are on file.
Therefore, title holder Mr.M.STALIN derived clear and absolute title to the
property basing upon the above said chain of title deeds and Source of title as described
above So, title is clear and accepted.
5
EVIDENCE OF POSSESSION:
In pursuance of the Sale Deeds the applicant Mr. M.Stalin in possession and
enjoyment of the property. Moreover, the applicant submitted patta, house tax receipt and
TNEB Bill all are in the name of applicant M.Stalin and are also on file.
Entry 3: dated 11.05.2010 is a Sale deed executed by Ammaluthai and Chandran through
their Power agent Nagaraj in favour of applicant M.Stalin
Entry 4 and 5: dated 19.10.2010 and 01.12.2017 are MODT executed by M.Stalin in
favour of Tamilnadu Mercantaile Bank Cumbum Branch
(2)
Entry 3 and 4: dated 10.02.2020 and 21.04.2021 are MODT executed by M.Stalin in
favour of Tamilnadu Mercantaile Bank Cumbum Branch and same was discharged as
entry 5 and 6
b) Tax Paid Receipt /s, Plan/Site map ( both the land & building to be verified)
Not applicable
12. Specific Person/s who should create mortgage/ deposit the title deeds or execute
the mortgage deed
7
Mr.M.Stalin
Nil
ii. The rate of stamp duty payable for equitable mortgage (if applicable)
8
d) In cases where e-stamps are used, whether e-stamp not used only
genuineness of e-stamp paper is verified with the e- stamp papers used and
stamping website of the Stock Holding Corporation registered
of India Ltd. (By capturing the details in the QR
code in the e-stamp with the use of a QR code / Bar
Code scanner or otherwise)
15. Certificate by the lawyer:
I certify that:
1. I have examined the Documents in detail, in terms with all the Guidelines in the
check list and the other relevant factors.
3. Verified the records of the concerned Registrar’s / Sub Registrar’s office and
found that there are no subsisting encumbrances over the properties covered by the title
deed/s of Sale Deed in Doc.No.2466/2010 for the period from 01-01-1987 to
20.09.2024.
9
4. The title holder, Mr.M.Stalin has/have absolute, valid and marketable title to the
property described above (Column 8) and the same can be accepted as security for the
loan / advance to be disbursed by the bank.
6. There are no legal impediments for creation of the Mortgage under any
applicable Law/ Rules in force. Mr.M.Stalin has a clear and marketable title to the
property and can create the equitable mortgage by depositing the title deeds listed
herein in favour of the branch.
1. Nature of title
(Ownership/ Leasehold/ occupancy/ Govt grant/allotments etc. Ownership
2. If leasehold, whether;
a) lease Deed is duly stamped and registered Not Applicable
b) lessee is permitted to mortgage the Leasehold right,
c) duration of the Lease/unexpired period of lease,
d) if, a sub-lease, check the lease deed in favour of Lessee
as to whether Lease deed permits sub-leasing and
mortgage by Sub-Lessee also.
3. If Govt grant/ allotment/Lease-cum/Sale Agreement, whether;
a) grant/ agreement etc. provides for alienable rights to the
mortgagor with or without conditions,
b) the mortgagor is competent to create charge on such
property.
c) Is there any restrictive covenants or lock-in period for
creating charge/mortgage/alienation No
d) permission from Govt. / competent authorities is obtained
for the mortgage, if required under law
e) Tripartite Agreement between the Lessor/grantor,
Mortgagor and the Bank is required prior to creation of
mortgage
f) Any other conditions are to be complied with for creation
of valid mortgage
4. If occupancy right, whether;
(a) Such right is heritable and transferable, No
(b) Mortgage can be created.
5. a. Whether the owner holds land in excess of the limits
prescribed under law
b. Whether No Objection Certificate under the Income No
Tax Act is required/ obtained.
c. Is the property facing any land acquisition proceedings
6. Nature of Minor’s interest, if any and if so, whether creation of
mortgage could be possible- the modalities/procedure to be
followed and the reasons for coming to such conclusion. Not Attracted
7. If the property is Agricultural land, whether the local laws permit
mortgage of Agricultural land and whether there are any
restrictions for enforcing, thereon, Not Attracted
16. Where the property is a joint family property, whether Does not arise
mortgage is created for family benefit/legal necessity, whether
the Major Coparceners have any objection/ or will join in
execution, minor’s share if any, rights of female members etc.
17. Pending Litigations/Court attachments/ injunction/ stay No
orders/acquisition by the Govt./Local authorities etc. that could
be ascertained.
18. Is the land offered as security is under notification for acquisition No
by Government /any other body.
19 Scope for the Bank to enforce the mortgage rights through SARFAESI
SARFAESI Act, if required Act
20. Any other details required for the purpose. is enforceable
No
Uthamapalayam Signature
To Date: 24-09-2024
The Branch Manager
Federal Bank,
Cumbum Branch.
Sir / Madam
Sub : Non Verification or Original Title Deeds more than 30 Years.
---------
As regards the title of M.Stalin, I am satisfied with the certified copies / Xerox
copies of the previous title deeds and non verification of original title deeds for more
than 30 years to establish the ornership of present owner and there is no necessity to
insist for original / copy of other prior documents for derivation of title for 38 years
peroid, given the nature of title is concerned.
a) Generally, original prior title deeds for the past 13 years must be verified on a
case to case basis.
b) However, in present case we are satisfied with the photocopies of title deeds of
developer / previous owner, as they corroborates records of rights that eveidencing
absolute title of deveoper and accordingly I am convinced that the documents specified
above are sufficient (even less than 13 years) to establish the ownership of present owner
and there is no necessity to insist for original / copy of other prior documents.
It shall be noted that insofar subject property i.e. your security is concerned, the
Title Deeds are mentioned and advised under list of documents to be obtained for
creation of EM and besides these documents there connot be prior title deed to subject
property / and I am of the opinon that bank can accept the security and create a valid EM
with the available documents sated in my preliminary legal opinion.
Further, I have searched at SRO – Cumbum to find out the genuine ot title
deeds and encumbrances and found them to be in order and there is no adverse comment
on it. So the security is clear and enforceable in the event of the account becomes NPA.
Date: 24-09-2024 Panel Advocate
M.SUKUMAR, M.A., L.L.B.,
14
To Date: 24-09-2024
The Branch Manager
Federal Bank,
Cumbum Branch.
Sir / Madam
Sub : SEARCH REPORT, Certificate of Genuineness & availability of
Original, SRO Copies of the parental documents relating to the property of
M. M.Stalin
Details of the Documents Scrutinized
Sl.No. Date of Nature / Type of Document Regnt/ Whether
Document Ref.No.of Original /
the doct. Certified/
with date True /
Photostat
01 11.05.2010 Sale deed executed by Nagaraj 2466/2010 Original
11.05.2010
as power Agent of
Ammaluthai-1 and Chandran-2
in favour of M.Stalin the
present title holder
SEARCH REPORT & GENUINENESS CERTIFICATE
1 1. I personally verified the registration copy Registered Sale Deed in the name of
title holder, M.Stalin in respect of schedule mentioned property at Cumbum Sub
Registrar Office at on 24.09.2024
2. I verified GENUINENESS OF THE TITLE DEEDS RELATING TO THE
SCHEDULE MENTIONED PROPERTY AT Cumbum Sub Registrar. I found those
documents and original and genuine and no fake documents. There is no encumbrance
over the schedule mentioned property as on 20.09.2024.
3.Cu.dHence, I am of the opinion and as well as certify that the Bank has jurisdiction to
invoke its power under the provisions of Securitization & Reconstruction of Financial
Assets and Enforcement Security Interest Act, 2002 (SARE AESI ACT, 2002) to take
possession of the security and realize the debts and liabilities and the security property is
enforceable under SARF AESI ACT.
Date: 24-09-2024 Panel Advocate
Place: Uthamapalayam M.SUKUMAR, M.A., L.L.B.,
15
EdDe…………