Dinesh Chandra Bhatt Advocate

Office & Residence Gayatri Bhawan Gali No. 7, Shivashis Vihar Lohariasal Malla, Unchapul, P.O. Kathgharia, Haldwani District Nainital (U.K.) Cell No. 9412087692 Date : 18-03-2013

Ref. No. NEC/BOB/113

To, The Manager Bank of Baroda Branch Kaladhungi Road Haldwani, Distt Nainital

Dear Sir, Re. my opinion report certifying non-encumbrance in respect of landed property of khata khatauni no. 33, Khasra No. 84 min. area 0.009 Hectare, 86 min area 0.014 Hectare total area 0.023 Hectare i.e. 2512 Sq Feet or 233.50 Sq meters, Bhumidhari land with transferable rights, situated at village Dhanpuri, Pargana Bhawar chh Khata, Tehsil Haldwani, District Nainital belonging Smt. Asha Verma wife of Shri Rajendra Verma, resident of village Bamori Talli Kham, Tehsil Haldwani, Distt, Nainital for creation of equitable mortgage to secure credit facility to be sanctioned in favour of borrower. That, on the request of yourself & the title holder above named to me, to furnish non-encumbrance and certify and submit the title cum opinion report about the clear and marketable title of the above mentioned property to be mortgaged for securing the credit facility granted/proposed to be granted to above named title holder Smt Asha Verma, I hereby certify that I have examined the title deed namely sale deed dated 28-102010. (photocopy), khatauni of the above named Smt. Asha Verma title holder & also examined/inspected the records of 30 years available in sub-registrar office Haldwani in respect of the land mentioned above and perused the order dated 28-06-2012 passed by the court of Asstt Collector class Ist Bhawar Haldwani in revenue suit no. 22/1881 of 2011-2012 4/s 143 ZA & LR act in favour of Smt. Asha Verma above named and further I confirm as under 1 Description and area of the property proposed to be mortgaged with boundaries (a) give the specific number and address of plot, house bldg flat shop etc. along with the boundaries and measurements (b) state specifically whether property is in agricultural, non-agricultural, commercial, residential or industrial area. Land/property situated at village Dhanpuri Pargana Bhawar Chh Khata, Teh. Haldwani District Nainital Khata khatauni No. 33 Khasra No. 84 Min. area 0.009 Hectare, 86 Min. area 0.014 Hectare i.e. 2512 Sq Feet or 233.50 Sq meters, Bhumidhari land with tranferable rights, Residential plot converted in nonagricultural under section 143 of ZA & LR act. Boundaries of the property (as per sale deed) East Side Plot of Shri Pooran Singh Bisht West Side Plot of Shri Nirmala Bisht North Side Road 12 feet wide South Side Land of Shri Daramwal ji The land/property is registered as Residential purpose according to the sale deed dated 28-10-2010. The land is declared non-agricultural under section 143, Z.A.L.R. Act by the competent authority court of Asstt. Collector class Ist Bhawan Haldwani in revenue case no. 22/1881 of 2011-2012 4/sec 143 ZALR Act by its order dated 28-06-2012 for the land area 0.023 Hectare

Nature of property (state specifically) whether property is in agricultural, non-agricultural, commercial, residential, the reference and date of conversion order from the competent authority should also be mentioned

Name of the mortgager/owner and status in the account i.e. borrower or guarantor and whether individual , sole proprietor, partner /director , karta or trustees who is mortgaging the property on behalf of partnership/company/trust whether he/she has authority copy of the resolution/memorandum and articles of association/trust deed etc. whether examined and verified Whether the minor/lunatic or undercharge insolvent is involved confirmed that the mortgager has sufficient title and capacity to contract precautionary steps to be taken. Whether the property is freehold or leasehold, if leasehold then period of lease and if freehold whether urban land ceiling Act applies and permission to be obtained

Smt. Asha Verma w/o Shri Rajendra Verma R/o village Bamori Talli Kham, The. Haldwani, District Nainital The title holder & borrower Smt. Asha Verma above named is the sole proprietor of her land according the revenue records available

N.A. The above named mortgager has bhumidhari with transferable rights over her land property by virtue of sale deed dated 28-10-2010. The revenue record of the said land shows the land property is freehold. The above mentioned land is not covered under the preview of urban land ceiling Act or any Tenancy Laws. Self acquired property owner of property through registered sale deed dated 28-10-2010

Source of property i.e. self acquired property i.e. self acquired or ancestral. If ancestral the mode of succession name of mortgager and his/her status in A/c (whether sole proprietor, partner, director, karta, and trustee, agent or guarantor co-borrower Whether the mortgager is co-owner/ joint owner and/or any partition of the property is made between the family members through partition deed. If yes, whether original registered partition deed is available or it is only a family settlement. Whether mortgagor is in exclusive possession of property proposed to be mortgaged or it is leased/rented out to third party

The above named mortgagor is sole owner of the property and has sufficient title and capacity to contract for creation of mortgagor by virtue of registered sale deed dated 28-10-2010. The mortgagor is in exclusive possession of the property proposed according to produced documents. This land is to be mortgaged by the mortgagor in respect of above mentioned property in favour of the bank against the security of loan. Yes, the land property mentioned above has duly been mutated in favour of mortgagor by order dated 29-122010 passed by competent authority Tehsildar Haldwani under mutation case no. 30/364 of 20102011 and the name of mortgagor has dulu been incorporated in the respective khatauni 1415-1420 fasli. That, there is no bar for creation of equitable mortgage under any ceiling Act, land Acquisition Act, state cooperative societies act, or income tax act or apartment flat ownership act. Yes , all the photocopies of the title deed will be available at the times of the submission of documents by the mortgagor to the bank for equitable mortgage. (a) Photocopies of sale deed dated 28-10-2010 in favour of vendee/mortgagor attached. (b) Khatauni attached (photocopy). (c) Declaration under section 143 of Z.A.L.R. Act attached (photocopy). Yes, the advocate has personally visited the subregistrar office at Haldwani and examined/inspected

Whether the property is mutated in municipal/revenue records and mortgagors name is reflecting and if not, the reason thereof.

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Whether any bar/restriction for creation of equitable mortgage is imposed under central/state/local laws. If yes, then specify whose consent or permission would be required for creation of mortgage Whether all original deeds including antecedent title deeds and other relevant documents are available. Please give detailed list.

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Whether the advocate has personally visited the sub-registrar office/revenue/municipal office and

examined the records

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Whether the search is being made for period of 30 years, if no, the reason thereof. Details of documents examined/scrutinized (this should be in chronological order with serial no, type and nature of documents, date of execution parties, date of registration, details including the details of revenue/society records etc.

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Training of title and chain in favour of the proposed mortgagor (here set out, chain of title in detail and chronology starting from earliest document available. The nature of documents deed conveying the title should be mentioned along with description of parties to the document.

the record in respect of the aforesaid land/property according to the produced documents by the mortgagor above named. Yes search has been made for the period of 30 years (1-10-1984 to 16-03-2013) (a) photocopy of sale deed dated 28-10-2010 in favour of mortgagor which is registered in the office of registrar Haldwani vide Electronic Book No. I, khand 1143, pages 1 to 12, serial no. 8843 dated 28-10-2010 (b) khatauni of mortgagor in respect has land mentioned above (c) Declaration under section 143 of Z.A. & L.R. Act in respect of above mentioned land of the proposed mortgagor. That, the under signed coursed has examined the title deed/sale deed dated 28-10-2010 and other relevant documents concerned and observant that Shri Revadhar son of late shri. Hari Datt R/o village Dhanpuri The. Haldwani, Distt. Nainital is the registered power of attorney holder of his brother shri. Kanti Ballabh S/o late Shri Hari Datt and his mother Smt. Kamla devi W/o late Shri Hari Datt residents of village Dhanpuri The. Haldwani Distt Nainital. The said power of attorney has duly executed and registered in the office of Sub-registrar Haldwani on dated 22-03-2010 and is recorded in electronic book No. 4, khand 19 pages 343-352 serial no. 94. That, the said sale deed is registered and executed in the office if sub-registrar Haldwani on dated 28-102010 in electronic book no. 1, khand 1143, pages 112, serial no. 8843 and the title deed of the proposed mortgagor is sufficient to create equitable mortgage in the favour of the bank against the security of the loan. That, the sale deed has duly been executed on date 2810-2010 in favour of the proposed mortgagor/title holder Smt. Asha Verma W/o Shri Rajendra Verma R/o Village Bamori Talli Kham Teh. Haldwani District Nainital in respect of the land property situated at village Dhanpuri Pargana Bhawan Chh Khata Tehsil Haldwani Khata Khatauni no. 33 khasra no. 84 min area 0.009 Hectare, 86 min area 0.014 Hectare total area 0.023 Hectare, i.e. 2512.56 Sq feet or 233.50 Sq meters. That, the chain of title is complete and relative deed (document) produced for deposit/mortgage is complete and sufficient to convey a clear and marketable title to the title holder above named Smt. Asha verma. Prior to the aforesaid sale deed the vendor above named Revadhar and his brother Kanti Ballabh and mother Smt. Kamla Devi were the owner as Bhumidhar with transferable rights from 1416 fasli in connection of the aforesaid sold land. The registered sale deed, khatauni and obtained nonagricultural declaration of the proposed mortgagor in respect of her land mentioned above is available.

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Whether there is any doubt/suspicion about the genuineness of the original documents, if yes, then specify.

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The final certificate of the advocate confirming that title of the property to be mortgaged is examined by him and the same is clear and marketable list out the title deeds to be deposited to create mortgage by deposit of title deed in favour of Bank by above said mortgagor.

That, as search/inspection was made by me of the available records in the office of sub-registrar Haldwani from 1-1-84 to 2013 the period of 30 years vide inspection receipt no. 41/19 date 16-3-2013 in respect of the above mentioned land property, I found that the above property is free from encumbrance and the document of title is clear and marketable title and the land mentioned above is being bhumidhari is fit and sufficient to constitute Equitable mortgage in favour of the bank by deposit of original title deed against the security of loan. The inspection receipt no. 41/19 dated 16-03-2013 issued by sub-registrar Haldwani is enclosed herewith. (a) Sale deed dated 28-10-2010 in favour of vendee (the title holder) (b) Khatauni of mortgagor in of her land mentioned above. (c) Declaration under section 143 of Z.A. & L.R. Act in respect of the above mentioned land. 1- Original sale deed date 28-10-2010 2- Non-agricultural declaration

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List out the title deed to be deposited to create mortgage by deposit of title deed in favour of bank by additional document required in addition to the documents available

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Whether any additional/formalities to be completed by the proposed mortgagor, if yes, (state specifically in co-op societies, whether allotment letter, possession letter, share certificate, affidavit, power of attorney etc, is required.

Additional Remarks/opinion 1- That, the village Dhanpuri, Tehsil Haldwani District Nainital of the aforesaid land property is not covered under the purview of the list of regulated area under Regulations of Building operation Act according to the G.O. No. 1901/37-3-87-4-N.KV/81 dated 17-08-1982 and 4613/37-3-87-4-N.Kv/81 lucknow dated 31 dec 1987. 2- That, land property mentioned above is enforceable under SARFAESIA. 3- That, according to my opinion the said title holder com mortgage/charge above said immovable property in favour of Bank.

Date:Place:-

Yours Faithfully

(Dinesh Chandra Bhatt) Enclosed Advocate 1- Sale Deed dated 28-10-2010 (photocopy) 2- Extract khatauni (1415-1420 fasli (photocopy)) 3- Declaration order dated 28-06-2012 4/s 143 Z.A.&L.R. Act (photocopy) 4- Inspection receipt (original) no. 41/19 dated 16-03-2013 5- G.O. of Regulated Area under R.B.O. Act (photo copy)