Friday, 24 July 2015

PRE MORTGAGE LEGAL OPINION FOR A FINANCIAL ASSISTANCE BY A BANK.



The Manager,
(Name of the Bank)
Branch Name,
City
Subject: -               Pre-Mortgage Legal Opinion after Scrutiny of property documents offered on behalf of __________________for securing the financial facilities to be provided to it by the Bank.
Dear Sir,
                I have examined the property documents offered on behalf of the above said customer for securing the financial accommodation to be obtained by it from the Bank.
1.       Sale Deed No.0000/1 dated 00.11.0000 Registered with Sub Registrar _______________, recites that _______________________ owners of property bearing Salam Khata Qita 4 Khewat No.0000 Khatouni No.000 to 000 Total Measuring 31K-18M out of which 477/11484 share equal to 1K-6M-4-1/2S Situated in Chak No.0000 Tehsil ____________ District _______________ has Sold to  name of the buyer   for the consideration of Rs000,000/-.
2.       Copy of Mutation No.0000 Dated 13.00.0000 Passed by Revenue officer ______________ in respect of above mentioned property.
3.       Zari Farad Jamabandi for the year 0000-0000 bearing property Salam Khata Qita 4 Khewat No.498 Khatouni No.802 to 805 Total Measuring 31K-18M out of which 477/11484 share equal to 1K-6M-4-1/2S Situated in Chak No.00 00 Tehsil 00000 District 0000000 is owned by _____________________. It is issued by Halqa Patwari on 00.00.0000.
4.       Non Encumbrance Certificate in respect of above mentioned property. It is issued by Sub Registrar Saddar ______________ on 22.01.0000.




5.      Aks Shajra/Naqsha Mauqa in respect of above mentioned property. It shows the demarcation of said property. It is issued Halqa Patwari on 00.11.0000.
6.      Evaluation Certificate prepared by ABC & Co. (Pvt) Ltd dated 00.11.0000 which verifies the value of land & construction of Rs.7,003,400/-.

Opinion:
The documents discussed above establish that the property described therein belong to above said owner, as there is no legal obstacle to Mortgage the said property, so a token Registered Remaining Equitable Mortgage of this property could be effected by the owner in favour of Bank and the lien of Bank would also be incorporated in the concerned Revenue Record. 
                In my opinion the interest of the Bank would be adequately secured to the extent of the value of the property.
                                               

Yours Faithfully,                                              
                                    


                                      (Name of the Advocate)
                                 Advocate High Court

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