Documente Academic
Documente Profesional
Documente Cultură
falTPT
wr4fra-zr
war trfk-cm
raw : 3if$A(tflkfus3ilttflY2016-17'-I-
-uTOR:16-17:
tat k
o 1-(r)
a-41.
Tfr dim
acgi Trzir
afavri"4-4-4-
WFRI-T13:71
4u*
Gellisen F49
- aur-zrr
5rErm-
tritcr-lw awr
/TrErill *1
-
tnf~clt Tft t I
2.
Tat vw AT{
k
-u-r
g:
v)
*ft-
auftw * ht r
fa*.arrirawroar
witrwgT *tr"4scr vfa. 41.) crrE7r Air mat 9rftecrrua w-4-* * wro irw faAr
dt)
*4* 1-tfr
Tfr)
ga- chic)
z4-K 1;r45'-
M-(r f Llitcl if d ci
Tftt1
1:-(1-
T10q I
chis,31
e4*
7r-r tiRkz
3th- 1T-ac
Cap1u qrrun.
fl
KTWITit
ati" err{
3ardWaT
war
*1
- site- 70-
.711.41
QadAit-r) fAttRwr
cra
cci 3
..7110)401
4trw
et)
tr{ 3iI0c41*.i
cci itT*-
zrF cl*cm
fa* *TR
7rtt trg
xi01'
1:1-qa ti TO'
qc4ig tt
-Errcarl", AreSTA
3TrErri- IT{
fit 3tt
511ra" chi
AT" TO'
tUlta
tocri cad) *
T-Err
1r)
chic)
C.I*CN
nchlg
514f4a. cbi
* chiq4504 4b111
* 39-4:R-
ii414
tom)
fell
tiV-1
a-I
tiq cd
ch *). 7ff itzrT MFT T4OV
1.144 itzfTTRT
I
(3frittwe)
itgA
~rlTl
rrg rtl
cbic.) * 17 Qorqiq,oI 39atitff
1-141ci
surrilfaci
al tilf ash
u1lol4h111,
tiqr(;-Hii * 4-afra
34)
Re!!
air 301-
/11'M
ti4fcci
ca l
th 41,111-h
T T 3TRiziTTF
rffqTR- *"1.
Tr*I z1 QadAiLp
r 4ra. *t t.tft
"qiYzri
drilichoich
drellchol zIT
th)ad.iitt)
RTFIZI FI4fcc1
*"1. 3TITIT-4t
difd,
alitMitt
14)ilVtdi
cca 4 Vita-1p
Mgel 311 t,
3fitrwg tr-{ ci*cei 41114).4,Ta. 11,0.
vaiWa. chiA *
3Titrd*71. 3F1A.
Th-t I
gt (ILI ccl t 144 +1i441 3litlf4zPT, 2002
* 41TW
4 q-.14 Atm a- 0- zt6- 4oft4-a-
31,Pr
vaff-aLW)
wrattral.
aft AR
Zn. 3W WTI
FTF
Trffitt
*chi Ack,p-ii
ig114
1.-er
44`11-(--(1 3I1
4
=i0L
i.)
mart. 311-4.
rifer
d1icHc4 4 4m-
Lr3T3TreltTrAbiTterir
3tra-gea tI
3it) CORI 3.1T
*-TW
+164-IP/3
r 4-14Tc-a4 r cic4ficri
a61411C 'TT
apr
AT171 t 511
cilialc.) 4 4trw
T-IOV I
fO.Q.
ZIT 3T- 1
chiul.
4)
i1 tit 'TT mita" ti41?-d i 41,Tw Tun- 7ri trg-Ta +1,41Z-cf i 4t1w
HT t c Ligmicii r 31
xrp:r - A-, 3TTaT3i1
sTum 4+ie1im4 2Trar LALI1 Rt. 99/149 Rolicr) 28.12.2005 corii
taxiiDci alt/Tfr4t411-
1)
-1
3Tri)
1117 - chioi ti 4v I
rat el)
3TPf gt{
3t"T
Li 41) d I
zrF 393:111tR tRfrr0.54-af14).
3
#W
+r1;CFAITW
tr-gzr Tf4t1W
+1,e.e4ichcb
397RF.
ci-d14.71
* STN trat
A
4tTw A-
mtl0ir 40v
ri-Ard-cbiU
71FT tiQv 3
31"3117 it7pri
WiTur
T-14V
q-6"t
*-TW
4,
4-w Cra-ITT 311734ft * Tan ra-dart) ra MA' at, 4'4-
* +11+0 at
-,40q I
* IMF 371RT 446ulachrinraTri. alTk chi.) *). 393:IfA
1TUT311"
%:hIA
T-Avi
415 '
cAcl
Th-7-zit f v-r-gr311-
a- cniA
31-11r-41F
- AT
tl
3r-d-ta .7110144 t
Trrzr TA-
4tTwafi tioftv
VW 7-et 31TMz1W
gitr*rlt
aTtt
cHz41icho
flq
T-u 777-4-
4tr-w
&Jrri
f4(r
+II
3,
1wEr LicAct>111
cLatif
4-{
41
31 1ET
Wal
-ur
*Arm i 3171T{
zr)
It)
cl dl*Cel
311-4- ciscm
3I74
`
416i
311tM
OW
t 3
*r 31TT3zWal31t
DT
31-rarrw Tzttk-
*+1.11
7i'q3 7IF
KT-41-)
+i4 cti
WaT
SALO.
371
R11
41.Tw
T.4Qv 3
3i'Mdrzi" TIT It
+1I1 1a,
fg4
3.
writvi
V)
f=d-RT7 wreJp31-14-MW t I
.4.1,41?ci
*
toil
#1.)
Cl*Cci tig
Rq
11 T tiRq I
4.
yrzrr *.e
5.
2T1Tif113tqat
TM-
it31TFAAT
IP:RI-I:WM 'TT
*r vrfe'a- 71" 3T
18.07.2016
24.03.2015
it3itar44111.
T-11 CI
37
14:1Tur
cl,, ail xi0V I Clivm
.
facrlich
crlich
AID
ti
i391tZrg
LIRT-111c-1
graf 2,TT
Trwrcr-41rw
Bank of India
Head Office
Credit Department
08 .-Zol-CD
d) Letter Addressing to the panel Advocate for doing title search of the
property and the title deeds in original are directly handed over to the Advocates by the
branch. The letter addressed to the sub registrar/Registrar for issuance of Non
encumbrance certificate is also to be issued and handed over to the
advocate for getting the NEC from the Registrar/Sub Registrar office.
Search should be conducted by the concerned Advocate himself.
e) The Title Search Report and the original title deeds are to be collected directly from the
Advocates. Title Search Report to be obtained in Bank's standard format certifying that
the proposed mortgagor/owner is having a clear and marketable title free from any
encumbrances, charges, liens, lis-pendens etc.. Advocate should also certify in his Title
Verification Report that he has received and examined the original title deed/s and verified
its genuineness and compared it with the corresponding records/title documents kept in
the concerned office of the Registrar/Sub-Registrar and that both are tallying with each
other and are genuine and adequately stamped. In no case the Advocate should submit
his Report based on the Xerox Copy or Certified Copy of the Original Title Deeds.
art
(
1% \v't 7;1
'1/0Credit
D.:1; t.
After getting the Title Search Report and the original Title deeds from the advocate, the
rigi nal title deeds should not be parted with the owner/borrowing entity or any one. The
same should be kept in possession of the Branch in safe custody. At the time of
recording the oral assent the same should be given to the owner of the property for
creating mortgage by deposit of the Title Deeds and oral assent shall be recorded as
per procedure in vogue.
g) Receipts issued by Sub-Registrar's office for verification of title and issuance of non
encumbrance certificate must be kept on record.
h) Letter Addressing to the Panel Valuer/Architect for valuation of property to
be issued. The immovable property proposed to be equitably mortgaged to the Bank
should be valued by an approved architect/valuer. Information regarding the situation of
the property, tenure (freehold or lease), built up area, class of construction, annual
rental value (existing or otherwise of tenants), municipal taxes and other out goings
should be stated along with the value of the property in the Bank's format of valuation
report mentioning all the value of properties i.e. Circle rate, Distress Sale Value, and the
Market Value. Please refer the HO BC 101/29 dated 01.06.2007 on the valuation of
Property.
i) The valuer, while carrying out the valuation of the property must take photographs of
the property valued along with photographs of the adjoining buildings/properties for
easy identification of the property. Such photographs should form part of the report
submitted by the valuer. Valuation report should contain a confirmation of having physically
inspected the right property and show valuation of the property.
j) In case on Valuation or in inspection of property by bank Official or at the time of Title
verification it observed that the property is occupied by Tenants, the Advocate must be
advised to include his comments in the Title Verification report on the Status of
Occupants/tenant vis-a vis Bank's right to enforce the Security.
k) In case of Mortgage of Non Agricultural Land, enforceability of the provisions of the
SARFAESI Act, 2002 against the property without any hindrance should be ensured.
I) Up to date Municipal tax receipt /revenue receipt/Electricity bill/ receipts/ to be obtained.
There should not be any tax, land revenue or other types of arrears/dues on the
property. The owner's name should tally with the title owner.
m)Wherever the immovable properties are coming under co-operative housing societies or
similar bodies or if the unit is being purchased from Developer, the NOC of the
Builder/Society/other body should be obtained prior to creation of mortgage and the
Bank's charge should also be noted with them.
n) Where the property belongs to Industrial Development Corporation such as GIDC, MIDC
etc., and is on lease to the proponents, invariably NOC is obtained and Tripartite
Agreement is entered into. As such, the ownership is established and additional
inspection to confirm the ownership need not be carried out. Moreover, title verification
report for intervening period in case of extension of equitable mortgage for additional
credit limits can also be avoided. Further the present market rate of properties of
MIDC/GIDC etc., is available in websites of the respective Corporations. Branches can
make use of the facilities.
o) Consent/permission of Govt. or other authorities for creation of mortgage to be obtained
in case of Govt allotted lands.
/p/
t) After compliance of the other sanction terms Mortgage of the property to be done. Title
Search Report, Non-Encumbrance certificate, Payment receipt for payment of issuance
of Non Encumbrance certificate , Link Deeds, Latest revenue receipts, Municipal Tax
receipts, Valuation report, other documents along with the documents suggested by the
Panel Lawyer and the Original title deed/s is to be kept together along with the Oral
assent.
u) Attendance of the mortgagor /s recording their handing over the title deed for securing
the loan to be recorded.
v) In some States Equitable Mortgage is required to be registered and in some other States,
State Government by notification has permitted the parties to register the equitable mortgage
with the respective Registrar/Sub-Registrar of Assurances. Branches in those states should
invariably register all the equitable mortgage created infavour of the Bank.
w) Registration of mortgage charge is to be done with CERSAI and the document
evidencing the charge creation is to be kept on record.
x) Intimation of Equitable mortgage is to be done wherever necessary. Mortgage charge is
to be created with ROC in case of limited companies.
y) In some States, Bank is permitted to mark its Lien/Charge with revenue authorities.
Branches in those states must take advantage of it and mark its Lien/Charge on Revenue
Records in equitable mortgage cases.
z) Non-Encumbrance certificate to be obtained for the intervening period i.e. closest to the
date of creation/Extension of Mortgage.
--OF
a. Multiple originals of partition deed are available In respect of properties having a history
of partition it is necessary to exercise extra care while accepting such portion of the
partitioned property as security for the Bank.
b. It may be noted that while executing partition deed parties generally execute one (original)
partition deed along with counter parts or duplicate deeds on nominal stamp duty and all
the deeds will be registered at the same time. The contents of (original) partition deed and
duplicate or counterpart deed will be same and the respective shares of the parties will be
described therein the deeds. The main deed will be in the possession of one of the
executants and invariably the same will be mentioned in the deed itself. Any party to the
partition deed can mortgage his/her/their property/share in the immovable property that are
specified in the said deed. It is to be ensured that the counter parts also will be registered
deeds and not certified copies.
c. It is preferable to accept only such Partition Deeds where it is specifically mentioned
regarding possession of the original Partition Deed. Mortgage by deposit of duplicate or
Counter Part Deeds of title deeds where possession of original is not recorded is beset with
risk and specific legal opinion should be obtained and enquiry into the possession of the
original deed should be made to the satisfaction of the Branch Advocate and his
confirmation obtained in writing before accepting such security . Please note that no
mortgage should be created on the strength of certified copy of title deeds.
4. Please note that the above guidelines are indicative and not exhaustive.
5. Branches/Zones to follow the extant Guidelines circulated form time to time. Latest
Circular on obtention of Title search report is HO/BC No 110/74 dated 18.07.2016. The
Format of Legal opinion was circulated vide HO BC NO 108/225 dated 24.03.2015.
(SUBH
MODI)
GENERA MANAGER