Ref.No. 240/2022 Date: 06.04.
2022
To,
Bank of Baroda, B.S.M.S.,
4th Floor, Baroda Sun Complex,
Ghod-Dod Road, Opp : Panjara Pole,
Surat, Gujarat - 395007.
Sub: Title Opinion Report certifying non encumbrance of the property bearing A Type Plot
No.9, as per KJP City Survey No.NA/72/A/9, adm.55.01 sq.mtrs., togetherwith undivided
share adm.25.81 sq.mtrs. in Road & COP in Saffron, Situated on the land bearing Block
No.72/A, City Survey No.NA72/A, City Survey Ward : Saniya Kande (Binkheti), Sheet
No.NA99 of Village : Saniya Kande, Tal. Surat City, Dist. Surat belonging to Himalay
Developers, a Partnership Firm.
I refer to your Letter/File No. ……. dated: …..02.2022 requesting me to furnish non
encumbrance and certify and submit the title cum opinion report about the clear and
marketable title to the above property to be mortgaged for securing the credit facility (s)
granted/proposed to be granted to Hemaben Nalinchandra Patel (Borrowers).
1) Description & area of the property proposed to be mortgaged Specific number (s) and
address of property alongwith boundaries and measurements.
-:DESCRIPTION OF PROPERTY:-
All that piece and parcel of the immovable property bearing A Type Plot No.9, as per
KJP City Survey No.NA/72/A/9, adm.55.01 sq.mtrs., togetherwith undivided share
adm.25.81 sq.mtrs. in Road & COP in Saffron, Situated on the land bearing Block No.72/A,
City Survey No.NA72/A, City Survey Ward : Saniya Kande (Binkheti), Sheet No.NA99 of
Village : Saniya Kande, Tal. Surat City, Dist. Surat.
Boundaries :-
East : Society’s Road,
West : Block No.71,
North : A Type Plot No.10,
South : A Type Plot No.8.
2) Nature of property (Whether Agricultural Non – Residential
Agriculture commercial Residential or Industrial.
Non agriculture land.
If non- Agricultural, the Reference and date of
Conversion order from the competent authority (Details of N.A. order and date is
should also be mentioned) mentioned in tracing of title.)
3) Name of the Mortgagor / owner and status in the Account i.e. borrower of guarantor
and whether Individual, Sole Proprietor / Partner / Director / Karta or Trustee. In case
the Mortgage is partner / Director / Karta or Trustee who is mortgaging the property
on behalf of partnership / company / trust who is mortgaging the property on behalf
of partnership / company / Trust, Whether he / she has the authority. Copy of the
Resolution / Memorandum & Articles of Association / Trust deed etc. whether
examined verified. Individual/ partnership/ company.
Name of the Mortgagor/ Owner/ Proposed OWNER:-
purchaser
Himalay Developers, a Partnership Firm
PROPOSED PURCHASERS:-
Hemaben Nalinchandra Patel
Constitution of the mortgagor Individual
4) Whether any minor lunatic or un –
No
discharged insolvent is involved.
Confirm that the Mortgagor has sufficient
Yes
capacity to contract.
Precautionary steps to be taken. No
5) Whether the Property is Freehold or
Leasehold.
Freehold
If leasehold then period of lease, and if
Freehold
Whether Urban Land Ceiling Act applied
ULC Act. is repealed
and Permissions to be obtained.
Page 2 of 7
6) Source of Property i.e. Self-acquired or
ancestral. If Ancestral then mode of Self-acquired property after execution of
succession and whether original registered sale deed.
Will/Probate is available.
7) Whether the Mortgagor is sole and Mortgagors will be joint owners after
absolute owner/joint owner. execution of registered sale deed.
Whether any partition of the property is
made between the members of the family
through Partition Deed. If yes, whether No
original Registered Partition Deed is
available of it is only a family settlement.
8) Whether the Mortgagor is in exclusive
No, Possession will be given after
possession of the property or it is leased /
registered sale deed.
rented out to third party.
9) Whether the property is mutated in Yes and names of mortgagors/proposed
municipal / revenue records: purchasers will be entered after
execution of registered sale deed.
Mortgagor’s name is reflection and if not,
the reason thereof.
10) Whether any restriction for creation of
Mortgage is imposed under Central / State
Local laws. If yes, then specify whose No
consent of permission would be required
for creation of mortgage.
11) Whether all the original Title Deeds
including antecedent Title Deeds and other
As per list of document scrutinized
relevant documents are available. Please
give detailed list.
12) Whether the Advocate has personally
visited the sub registrar /revenue Yes, I have visited
/municipal office and examined the Sub registrar office
records.
13) Whether the search is being made for the Yes
period of 30 years. If no, reason thereof.
1992 to 2022
14) Details of documents examined / scrutinized (This should be in chronological order
with serial numbers, type / nature of document, date of execution, parties, date of
registration details including the details of revenue / society records etc.):-
Page 3 of 7
-::LIST OF DOCUMENTS SCRUTINIZED BY ME::-
1. Original sale agreement (Notarised) executed by Himalay Developers, a Partnership Firm
in favour of Hemaben Nalinchandra Patel.
2. Copy of City Survey Property Card.
3. Copy of N.A. Order.
4. Copy of Construction Permission.
15) Tracing of chain of title in favour of the Mortgagor / owner starting from the earliest
document available. The nature of document / Deed conveying the title should be
mentioned with description of parties alongwith the type of right it creates.
-::TRACING OF TITLE::-
I have carried out the necessary search for the last 30 years in the Office of Sub Registrar,
Revenue Records, local authority and have verified all documents relating to above mentioned
property, from the available records I found that the land bearing R.S. No.66/5+67/1+67/2+68
of Village : Saniya Kande was originally owned by Mohansinh Abhaysinh Solanki & Narpatsinh
Abhaysinh.
Thereafter Partition took place between the family members and as per the direction of the said
partition, Mohansinh Abhaysinh became owner of the said land. Entry to this effect was
mutated in record of rights in village form No.6 (Hakkpatrak) at entry No.530, dt.17.05.1970.
That As per the Bombay Prevention of Fragmentation and consolidation of Holding Act 1947,
consolidation scheme for the village was came into force by the competent Authority. By this
consolidation scheme Revenue Survey No.66/5+67/1+67/2+68 was renumbered as Block No.72.
Thereafter Mohansinh Abhaysinh entered name of Hariben w/o. Mohansinh Solanki in the said
land as a co-owner. Entry to this effect was mutated in record of rights in village form No.6
(Hakkpatrak) at entry No.934, dt.27.02.1989 & said entry was certified on 12.05.1989.
Thereafter Hariben w/o. Mohansinh Solanki expired on 27.03.2012 leaving behind her, her legal
heirs namely Meenaben Mohansinh w/o. Gajendrasinh (Died on 27.03.2001), Pravinsinh
Mohansinh, Shobhaben Mohansinh, Geetaben Gajendrasinh & Ritesh Gajendrasinh, they
became owner of the said land by succession. Entry to this effect was mutated in record of
rights in village form No.6 (Hakkpatrak) at entry No.1669, dt.19.07.2012 & said entry was
certified on 28.12.2012.
Thereafter Shobhaben Mohansinh, Geetaben Gajendrasinh & Ritesh Gajendrasinh has released
their rights title and interest of the said land in favour of Mohansinh Abaysinh & Pravinsinh
Mohansinh, Entry to this effect was mutated in record of rights in village form No.6 (Hakkpatrak)
at entry No.1704, dt.08.01.2013 & said entry was certified on 05.03.2013.
Page 4 of 7
Thereafter, Mohansinh Abaysinh & Pravinsinh Mohansinh entered name of Varshaben
Pravinsinh Solanki, Jaydeepsinh Solanki & Jatinsinh Pravinsinh Solanki in the said land as a co-
owner. Entry to this effect was mutated in record of rights in village form No.6 (Hakkpatrak) at
entry No.1797, dt.12.05.2014 & said entry was certified on 18.06.2014.
Thereafter Mohansinh Abaysinh has released his rights title and interest of the said land in
favour of Pravinsinh Mohansinh, Jaydeepsinh Solanki & Jatinsinh Pravinsinh Solanki by
registered release deed. The said release deed was registered in the office of Sub-Registrar,
Surat at Sr. No.514 on 10.07.2014. Entry to this effect was mutated in record of rights in village
form No.6 (Hakkpatrak) at entry No.1810, dt.04.08.2014 & said entry was certified on
12.09.2014.
Thereafter Partition took place between the family members and as per the direction of the said
partition, Pravinsinh Mohansinh, Varshaben Pravinsinh Solanki, Jaydeepsinh Solanki & Jatinsinh
Pravinsinh Solanki became owner of the said land paiki Northern side land adm.17993 sq.mtrs.
and Pravinsinh Mohansinh, Varshaben Pravinsinh Solanki, Jaydeepsinh Solanki & Jatinsinh
Pravinsinh Solanki became owner of the said land paiki Southern side land adm.14989 sq.mtrs.
The said Partition deed was registered in the office of Sub-Registrar, Surat at Sr. No.1052 on
14.10.2021. Entry to this effect was mutated in record of rights in village form No.6 (Hakkpatrak)
at entry No.2849, dt.29.10.2021 & said entry was certified on 27.12.2021.
Thereafter as per the order of District Inspector, Land Records, Surat, No. K.J.P.S.R./ 56/ 2021-
22, dt.21.10.2022, new Block No.72/A, adm.17943 sq.mtrs. and New Block No.72/B, adm.14989
sq.mtrs. was allotted to the said land. That, accordingly separate sheet of Revenue Form No. 7 +
12 had been prepared. Entry to that effect was mutated in revenue record in village form No.6
(Hakkpatrak) at entry No.2874, dt.24.01.2022 & said entry was certified on 28.02.2022.
Thereafter Pravinsinh Mohansinh, Varshaben Pravinsinh Solanki, Jaydeepsinh Solanki & Jatinsinh
Pravinsinh Solanki sold the said land bearing Block No.72/A of Village : Saniya Kande to M/s.
Himalay Developers, a Partnership Firm vide registered sale deed. The said sale deed was
registered in the office of the sub-registrar Surat at Sr. No.588 on 21.07.2022. Entry to this effect
was mutated in record of rights in village form No.6 (Hakkpatrak) at entry No.2939,
dt.21.07.2022 & said entry was certified on 05.09.2022.
That said M/s. Himalay Developers, a partnership firm, registered under Indian Partnership Act
1932 at Registrar of Firms, Surat vide Regd. No. GUJSR105966.
That the said land was converted from agriculture to non-agriculture purpose by the order of
the Collector, Surat vide order No.2282/22/10/055/2022, dt.01.11.2022. Entry to this effect was
mutated in record of rights in village form No.6 (Hakkpatrak) at entry No.2966, dt.01.11.2022 &
said entry was certified on 13.12.2022.
That Village Saniya Kande entered into the city limit of surat, hence City Survey No.NA72/A is
Page 5 of 7
allotted to the said land.
Thereafter said land owner obtained permission for Plot Validation on the said land from SUDA
vide Development Permission No.SUDA/U.3/Plot Validation/Fa.No.948/7520, dt.21.05.2022.
Thereafter said land owner obtained permission for construction on the said land from Surat
Municipal Corporation vide Development Permission No.116LD22230252, dt.05.01.2023.
Thereafter said land owner’s divided the said land into various plots & organized the society,
which is named as “SAFFRON”.
That, the said project is registered under RERA vide Registration
No.PR/GJ/SURAT/CHORASI/SUDA/PAA12422/111023.
Thereafter, Himalay Developers, a Partnership Firm entered into agreement for sale with
Hemaben Nalinchandra Patel for the said A Type Plot No.9 in Saffron. The said agreement for
sale is registered before Notary Ragubhai D. Valvi on 31.12.2024 at Sr. No.10782.
16) Whether there is any doubt / suspicion about the genuineness
No
of the original documents. If yes, then specify
17) The final Certificate of the Advocate confirming that title of the Property(s) to be
mortgaged is examined by him and the same is / are clear and marketable.
-::FINAL CERTIFICATE::-
This is to certify that I have carried out the necessary searches for the last 30 years
(1992 to 2022) with the Office of Sub Registrar, Revenue Records, local authority and
have verified all documents relating to the property and found that the title of the
property bearing A Type Plot No.9, as per KJP City Survey No.NA/72/A/9, adm.55.01
sq.mtrs., togetherwith undivided share adm.25.81 sq.mtrs. in Road & COP in Saffron,
Situated on the land bearing Block No.72/A, City Survey No.NA72/A, City Survey Ward :
Saniya Kande (Binkheti), Sheet No.NA99 of Village : Saniya Kande, Tal. Surat City, Dist.
Surat are clear and marketable without any encumbrance charge.
18) List of documents to be deposited for creation of the Mortgagor including any
additional document required in addition to the documents available.
Valid and enforceable equitable mortgage should be created by Hemaben Nalinchandra
Patel by deposit of following documents with the Bank and memorandum of deposit of title
deeds to be registered with concerned sub-registrar office through bank’s panel Advocate
only.
Page 6 of 7
1. Original sale deed will be registered in the office of sub-registrar, Surat executed by
Himalay Developers, a Partnership Firm in favour of Hemaben Nalinchandra Patel
alongwith original registration receipt and certified copy of Index II of the said deed.
2. Certified copy from sub-registrar of sale deed registered in the office of sub-registrar,
Surat executed in favour of Hemaben Nalinchandra Patel.
3. Original sale agreement (Notarised) executed by Himalay Developers, a Partnership Firm
in favour of Hemaben Nalinchandra Patel.
4. Copy of village form No. 7/12 of the said land.
5. Copy of development permission.
6. Copy of N.A. order.
7. Latest City Survey Property Card.
8. Non encumbrance certificate from sub registrar, Surat.
9. Notarized affidavit regarding clear title of the said property.
19) Whether any additional formalities to be completed by the
proposed mortgagor. If yes, state specifically in case of flat(s) /
Affidavit to be
property(s) in Co-Operative Societies, whether allotment letter,
obtained
possession letter, share certificate, affidavit, power of attorney
etc. is required.
20) Whether the property is enforceable under SARFAESI Act. Yes
Thanking you, Your's faithfully
RAJENDRASINH T. THAKOR
ADVOCATE & NOTARY
Search receipt No. …………………………………… dated ………………
Non encumbrance certificate application No. ……….. dated ………..2022
Page 7 of 7
