Lecture 12: What is title search report and How the legal clearance of property is done in banks

[@premkumarsutar3266]

Dear sir, You are a real Mentor for us who started a career as a Credit Manager in Bank or NBFC. Thanks for this knowledge and support. 🙏🙏🙏🙏🙏🙏

[@AnkushJain]

Thank you

[@souravjalan1112]

You are doing a wonderful job. I tell to my seniors that there should be a detailed training to new joinees or freshers so they understand what they are going to do , it will interest them if they have right knowledge rather than just rushing to get new files.. I think these videos should be learning modules (mandatory) for working capital role Great job Ankush ji

[@AnkushJain]

Thank you sourav ji

[@Pawan-ru2bm]

Please make video on gavthan property

[@anubhavroychowdhury8516]

I would like to thank you for providing us great lectures along with the examples, which is helping for the working professionals too. Going through this lecture, I have a question regarding mortgage of land. " Suppose a Company gives a land of area 4 Acres as mortgage to bank, but the Company has also given a small portion of that land measuring about 1 Acres on lease to another Company. Whether the bank will take the whole land as the mortgage, i.e. 4 Acres or only 3 Acres of land. [The land is not vacant].

[@AnkushJain]

Thank you. So this is a rented property case. Since the company has ownership of all 4 acres the bank will mortgage whole 4 acres. However the bank will ask for NOC from tenant that in case of default the tenant will handover the vacant and peaceful possession of the Property to the bank. Further, copy of lease deed shall also be documented.

[@anubhavroychowdhury8516]

Thank you Sir

[@AnkushJain]

👍

[@manishact]

Wonderful session with practical examples 👏

[@AnkushJain]

Thank you

[@Arunkumar-ju6my]

Thankyou sir for giving wonderful knowledge, It will be very helpful for professional career as well as in personal life.👌👌

[@AnkushJain]

Your welcome

[@prakashpareek2762]

Thank you sir for this lecture.. Your videos are very helpful for me

[@AnkushJain]

Thank you

[@shivamyadav-pg8zz]

That's a awesome session sir, thank you so much sir,🙏🙏

[@AnkushJain]

Your welcome

[@ravisingla7972]

Very informative for bankers..

[@AnkushJain]

Thank you

[@anuragpareek6121]

Thanks for your insightful content😀

[@AnkushJain]

👍

[@aditkumar7821]

Wonderful lectures sir....

[@AnkushJain]

Thank you

[@healthylifebygswalia6895]

Greatly appreciable lecture

[@AnkushJain]

Thank you sir

[@AkashSharma-gj4tr]

Lovely sir ❤️ concept cleared. ❤️

[@AnkushJain]

Thank you

[@VikashYadav-iy9ym]

Valuable video, thank you sir 👏

[@AnkushJain]

Your welcome

[@Sma0701]

Badiya explain sir ji love from Hyderabad down south

[@AnkushJain]

Thank you

[@karuneshkvaiswar612]

Very very thank you, please make more videos like this

[@AnkushJain]

@@karuneshkvaiswar612 👍👍

[@gajendradubey4277]

Great Information Sir

[@AnkushJain]

Thank you 👍

[@jagdeepkaurnagra9278]

Valuable information

[@AnkushJain]

Thank you

[@manishkumargaurav120]

Sir, please discuss also on society flate -legal documents chain verification, chain for high rise & low rise property

[@AnkushJain]

Will check

[@Poetess_neet]

Your video is very helpful me thank you but please make more video of 'legal team work in bank'

[@AnkushJain]

Thank you

[@akshaysatam7147]

Paying legal charges to the bank & after completing loan disbursement, we came to know that the property had a legal dispute issue.... then whom we should to blame...bank or not?

[@AnkushJain]

If the dispute could have been identified from documents then the bank's lawyer is at fault for not putting that up in the first place itself

[@romilgupta6742]

Sir if some property has only one registry and it is sold in parts to more than one person...E.g If original property is in name of A and he sold it to B and C separately. Then in this case if C came to take loan from bank , how we will obtain original title deed which was in name of A...and same case with B. If B goes in another bank for loan , how he will submit the title deed in name of A

[@AnkushJain]

Bank will take a certified copy of previous title deed since it was of larger area

[@DhirajKumar-bp3vt]

Also get subdivision letter from compitant authority

[@SamyakJain-gn6yv]

Nicely explain

[@AnkushJain]

Thank you

[@abhishekbishi8272]

Very informative

[@AnkushJain]

Thank you

[@Pawan-ru2bm]

Please make video on gavthan property

[@AnkushJain]

Ok

[@anvikshagupta1672]

What if one has purchased the flat from builder just 2 year ago.

[@AnkushJain]

Couldn't get your question

[@sindhushb.1272]

Tq Sir

[@AnkushJain]

Your welcome

[@nsd1001]

Hello Sir, v useful lecture. One doubt - without getting title search report, is there any other way credit analyst can check whether the security the borrower is offering, is free of charge or not? Thanks.

[@AnkushJain]

You can check cibil report of borrower and guarantor. Check all property backed loans and ask for sanction letters of those loans. You can then compare the property details mentioned in those letters with details of property proposed to you. That way you can check also

[@nsd1001]

@@AnkushJain thank you! But what if he is saying it is unencumbered, even though it might have been charged somewhere. He won't share sanction letter of that facility (since he won't want to show it is charged), then how to find out as banker?

[@AnkushJain]

It can be checked by lawyer only. We can not confirm it as credit manager.

[@nsd1001]

@@AnkushJain thank you sir

[@AnkushJain]

👍

[@abhi-dd9lz]

Thank you sir, your videos are very helpful

[@AnkushJain]

Your welcome

[@avinvashisht5979]

Sir what is the meaning of haircut in valuation of property. THIS IS USED ON DAILY BASIS WHILE PREPARING CREDIT DOCS.please explain in detail..

[@AnkushJain]

Haircut is tentative reduction estimated by the banks due to market scenarios and due to the fact that when bank sells property in market due to auction then market does not pay the actual market rate and actually pays lower rate. Thus haircut is applied by the banks

[@avinvashisht5979]

@CA Ankush Jain 👏👏👏👏👏👏👏 thank u so much sir 🙏 ❤️

[@AnkushJain]

Your welcome

[@vivekvashishth4405]

Dear sir.. How to generate title search receipt of advocate from sub registrar office haryana.. Plz make a video on it

[@AnkushJain]

This is a local matter and you have to learn from local market and lawyers itself

[@vivekvashishth4405]

@@AnkushJain this matter was online but now not showing... However thanks for early reply

[@AnkushJain]

Ok

[@kuldeepjain4488]

Please explain use of Challan

[@AnkushJain]

Which challan?

[@kuldeepjain4488]

Search Receipt

[@HarshSharma-rp1go]

sir prossessor written m honi chaaye ya agr kisi ko ase hi care krne k liye di hui h to vo dawa kr sakta h property pr?

[@AnkushJain]

Main samjha nhi..

[@AnkushJain]

Main samjha nhi..

[@HarshSharma-rp1go]

Sir you have said that if someone is caring of our property for the last 13 years, he can claim a ownership of that property, my question is that Jo vo hmari property ki dhek bhaal kr rha h usko Humne written m appoint nhi kiya ho ki tum Hamari property ki dhek bhaal kroge, to vo claim thodi kr sakta h ownership? Ownership claim k liye uske pass kuch written documents hone jaruri h?

[@AnkushJain]

No written doc required. He can share electricity bill deposit proof by him for last 13 yrs

[@abhitherock1066]

What's is the estimate coast of making title search report??

[@AnkushJain]

Varies bank to bank, but generally around 3k to 4k per title deed

[@abhitherock1066]

@@AnkushJain thanku sir

[@AnkushJain]

Your welcome

[@Sagar-k4f]

13 years past chain of title from the year of our purchase ?

[@AnkushJain]

@@Sagar-k4f no, from loan application date

[@VanshitaK-od7hp]

what if Home loan tenure is for 20 years and the tenant Changes after let's say 2 years and Latest or revised NOC isnot collected

[@AnkushJain]

No revised is not collected. But there is always a clause in standard agreement with borrower that he will not create or make any changes to the status of the property without bank consent. There can be another scenario like earlier property was self occupied but after 2 years it was given on rent

[@Rohityadav-ph1rz]

Sir haryana me gram panchayat Jo BPL plot deti hai ... Us per nbfc se loan liya ja skta hai ... Or us property per Registered mortgage creat Kiya ja skta hai

[@AnkushJain]

Ok

[@arnabganguly5634]

Sir when to take 13 years LSR and when 30 years LSR.

[@AnkushJain]

It depends on internal bank policy.. usually in risky cases 30 yrs search is done

[@manishcarpenter4687]

Sir kindly clarify why 13 year legal chain title demand ,why not more then 13 year demand or less then 13 year chaint title request to pls

[@AnkushJain]

Same is required due to provisions of limitation act

[@art_soul_words]

In your Raymond example, why we require NOC from tenant when customer already provided us the rent agreement/lease agreement? Sorry If I am asking silly questions? When I was in retail asset audit no one gives explanation for these points..I wish you uploaded these video last year 😜

[@AnkushJain]

Our law is favourable for tenants. When landowner ask tenant to vacate premises and many times law protect them. When we take property for mortgage in which tenant is there, then in case of default in loan, we ask for possession of property. But since tenant is there in property it gets very difficult to remove him from premises. Therefore we take NOC from tenant in which it is specifically written that in case of default, the tenant shall give vacant and peaceful possession to the bank.

[@art_soul_words]

@@AnkushJain whether scanerio will be same if vacation clause is there in rent agreement?

[@AnkushJain]

@@art_soul_words if lease agreement consist vacation clause specifically and as acceptable to bank, then requirement of NOC can be waived

[@karangalgotra785]

Best video

[@AnkushJain]

Thank you

[@shaswatsingh3417]

Sir why every bank ask for 13 years chain of prior title deed ?

[@AnkushJain]

Due to limitation act

[@shaswatsingh3417]

@@AnkushJain Thankyou so much sir

[@AnkushJain]

Your welcome

[@AnujKumar-zb6rr]

Sir limitation act is applicable on agri land also???

[@AnkushJain]

Need to check not sure about ut

[@caarchanachoudhary]

Documents for N-1, N-12 ,N-13 etc..who will provide if these documents are not available with the borrower..

[@AnkushJain]

Sorry could not get n-1, n 12 and n 13. Can you explain in detail?

[@caarchanachoudhary]

You told us about title deed search has to be done for 13 yrs.. previous owners' documents which u referred as N01,N02 etc

[@AnkushJain]

Ok sry. When we buy property, these doc's are mandatorily taken by the purchaser. If there is no such doc available then we will check whether existing registry is more than 13 years old in itself or not. If yes then bank may take call on single title deed. If not then bank may see if the existing registry is 10-12 years old and charge/chain is appearing in jamabandi and other govt. Records then bank can take call by taking single title deed and certified copy of previous registry. Bank can also ask borrower to file police complaint if previous title doc is lost somehow. If none of above case, then bank will not fund against that property

[@shivamshinde9655]

Is there in any specific cases where 30 years of TSR is mandatory? I think if we are going to mortgage vacant plot.

[@shivamshinde9655]

And P+C cases

[@AnkushJain]

30 plus years record is taken usually for "red line" area property

[@shivamshinde9655]

@@AnkushJain Thanks for update. Can you please confirm the meaning of Red line area property?

[@AnkushJain]

I have explained in lecture 15

[@rupalimalviya8391]

UP me kya applicable laws h, EM ,RM related , ispe video banaye. Regards

[@AnkushJain]

Will check

[@vimleshkumar-br2jn]

what if the property is the leasehold property? any specific points needs to be checked sir?

[@AnkushJain]

If we have taken property on 99 year's lease then as per law same is considered as our property only. Normally properties in industrial areas developed by authorities are leasehold properties. In that case, we use to take permission to mortgage certificate from the authority who has developed the property and area.

[@abhitherock1066]

Estimate coast of title search report??

[@AnkushJain]

Reverted separately

[@karuneshkvaiswar612]

🎉🎉🎉🎉

[@AnkushJain]

Thank you

[@abhitherock1066]

Without bank involvement,can i make title search report from personal lawyer for self satisfaction??

[@AnkushJain]

Yes

[@RajkumarGoud3639]

Hi sir Property aquired through Succession but there is no Stamp Paper. How to make it perfect for home loan sir??

[@AnkushJain]

You will need succession certificate to prove that you are successor or atleast a will in your favour. Through that you need to update your name in govt. Departments for property tax, water tax etc. Then it will be fine

[@RajkumarGoud3639]

@@AnkushJain successor has already aquired Pattadar Passbook sir. Only stamp paper is not there. Successor 's name has already been updated in LandRecords of State Govt. And has given Pattadar Passbook sir.

[@AnkushJain]

Title deed will not be required in successor name. Since original owner has died. Bank can mortgage the property.

[@RajkumarGoud3639]

@@AnkushJain thank you very much sir i follow ur videos regularly and appreciable for the quality in your content sir.

[@AnkushJain]

Thank you. I hope you find them all useful for your practical life.

[@sensexfarmula8379]

Ser agar kisi person ne property koi chuise kiya aur bank se lone karwakar us property ko buy karta hai bank rajistri ko mortgage kar leta hai but sometime pata chalta hai ki us property per judgement aa chuka tha us parti ke khilaf jisne sell kiya hai us condition me kya hoga kyoki jisne property ko buy kiya wo bank ke bharose tha ki bank khud pata laga legi property ke bare me lekin bank se falt huwa ab lone ka kya hoga aur buyer ka kya hoga jiske naam lone hai aur uska apna paisa bhi laga huwa hai ser reply jarur dena mera friendke sath huwa hai bechara pareshaan hai property bhi gayi aur karj me bhi hai bank ke kya kar sakta hai wo

[@AnkushJain]

Usko loan repay krna padega. Uski personal properties bhi liable hain iske liye. Agar vo khud property buy krte time sacha tha then vo cheating ka case file kr skta hai seller k against and recover the dues

[@sensexfarmula8379]

@@AnkushJain uske paas persanal kuch bhi nahi hai bike hai bus aur wo purani bechare ki help kar do koi vakil hi bata do

[@karangalgotra785]

Sir I'm a senior accountant with 4 years of experience, what kind of job can I get in the bank ?

[@AnkushJain]

Qualification?

[@karangalgotra785]

@@AnkushJain bcom

[@AnkushJain]

Sales profile mein might be mil jaye.. post graduation to chahiye thi minimum to get decent job in banking

[@karangalgotra785]

@@AnkushJain loan profile main mil skti hai like lap loan ,hiuse loan

[@karangalgotra785]

@@AnkushJain C.a ke both inter agr pass ho then ?

[@N1581C]

How Bank can identify that how long tenant occupy this property. Whether lawyer mention in TSR report that tenant occupy this property from so n so years. How bank can satisfy itself that doctrine of adverse possession is not applicable in this property.

[@AnkushJain]

Valuer while on visit to the property confirms the tenancy of the property. Further it is also duty of the RM to do necessary enquiries w.r.t it before granting loans. Banks have usually started to take undertaking from the clients that property is free from tenancy and any tenancy shall be created with prior concurrence of Bank only. Such undertaking can be useful in court if client does not follows it.

[@N1581C]

@@AnkushJain Valuer mention about the occupancy whether it is self occupied or rented but in case of rented he doesn't mention about the number of years i.e. since how long this tenant occupied this property. So how bank can identify whether this tenant possess this property from 11 years or xyz years, is there any documents which bank personal can validate.

[@AnkushJain]

There is no need for it, since for rented properties bank takes NOC from tenant that in case of any default he will give vacate the property upon banks notice and give peaceful possession to them. If bank does not take it, then it's their own risk. There is no other doc taken to check the tenor.

[@N1581C]

Thanks

[@AnkushJain]

Your welcome

[@anandc3974]

30 years or 13 years

[@AnkushJain]

Mostly 13 years legal but in some cases 30 yrs also

[@sunilbhati2473]

Agar meri Property 13 year se kisi or k pass hai to 12 saal baad bo kis bais pe bataiga ki iska khyal mai rakh raha hai last 12 year se uske pass to koi document he nhi rahega na

[@AnkushJain]

Example- Payment of electricity bill

[@sensexfarmula8379]

Bank kah rahi hai mukdama pata nahi chal pata hai aur hamne 13saal ki riport lagayi hai bank mere friends ke piche padi hai lone to bharna hi padega

[@AnkushJain]

Bank piche padega hi. Ismein kuch nhi ho skta. Usko loan repay krna padega

[@sensexfarmula8379]

@@AnkushJain aur property ka kya hoga wo bhi to uski nahi hai

[@sensexfarmula8379]

@@AnkushJain wo bechara bahut bura fas gaya hai usko coart to jana hi padega aur parti se bhi mukdama ladega aur kist bhi dega tab to jarur difalt karega aur bank bechegi kya uske paas aur kuch hai bhi nahi

[@sensexfarmula8379]

Kya usko kahi se bhi koi rilif milegi mukdama bahut lamba proses hota hai tab tak finesiyal position kharab nahi ho jayegi savindhaan me uske koi rights nahi kya

[@sensexfarmula8379]

Ye niyam jisne banaye unki galti hai mukdama nahi pata chal pata hai ye sistem ki kamjori hai wo bechara to bank ke bharose tha ab bank hi uske barbaad kar degi

[@vipulgoel6932]

Ĺ0

[@AnkushJain]

?

[@karuneshkvaiswar612]

Very very thank you, please make more videos like this

[@AnkushJain]

Thank you

[@SamyakJain-gn6yv]

Nicely explain

[@AnkushJain]

Thank you