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mortgage Documentation Asad Ali Jafri House building finance Company ltd JULY 14, 2011. Collateral. Properties or assets that are offered to secure a loan. Marketable Title. Marketable title means that the land is free from all encumbrances and free from litigation. Title.
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mortgage DocumentationAsad Ali JafriHouse building finance Company ltdJULY 14, 2011
Collateral Properties or assets that are offered to secure a loan.
MarketableTitle Marketable title means that the land is free from all encumbrances and free from litigation.
Title Title can be defined as the evidence of the right which an owner has to possess his/her property.
Defected Title A title is said to be defected when there is some absence of legal requisite or deficiency, imperfection or in sufficiency in the evidence or when it is encumbered by other interest. The expression “title defects” has come to mean the existence of encumbrances, Restrictions, encroachments and other interest or claims which affects the owner’s rights over the property.
Types of Land • Free hold Land • Lease hold Land • Evacuee Land • Cantonment Land • Government granted Land • Allotted Land • Abandoned Properties
Types of Rights • Lease hold right • Ownership Right
Who maintains Record of Rights • Development Authorities • Land Revenue Departments (Tehsildar/ Mukhtarkar) • Societies • Military Estate Office / Cantonment Board • Evacuee Properties Trust Board • Estate Office of Federal Govt. (Abandoned Properties
Forms of Legal Transfer • Sale Deed • Gift Deed / Relinquishment Deed • Allotment Order • Exchange Deed • Will • Grant • Lease/Sub-Lease • License/Sub-License
Free hold properties Registered Sale deed • Last JamaBandiOR Certified copy of City Survey extract ORDeh Form (II) • Gift Deed (If property is gifted) • Exchange Deed (if Property is acquired in exchange). Mutation/Transfer 1. NEC • Building Plan duly approved along with covering letter
Some Land Related Nomenclature • Khasra : List of folds field Register. Harvest inspection Register. • Khatauni: A list of holdings of tenants. • Khiwat : A list of owner’s holdings. • Shajra : Map, Plan • Shamilat: Village Common Land.
Quetta Lease deed (Patta) Registered QDA Cases • Sale/Purchase Agreement • Final Transfer Deed (Registered). • Sale Deed (Registered) Fard • where still the cost of land has not been fully paid yet) • where the cost of Land has completely been paid • where the house has been constructed and investment is required for further construction
Islamabad (Capital Area)Other cities of Islamabad Zone (…….. Contd…..) c) Lease hold property of Cantonment Area • Lease deed/Sub Lease duly registered • GLR (General Land Register) d) Evacuee Property: • Permanent Transfer Deed • PT-1 • Subsequent Transfer Permission to Assign • Possession order • Site Plan of Plot • Upto date NEC • Approved Building Plan • Letter of approval of the building plan 1. Upto date NEC 2. Site Plan 3. Original Approved Building plan with approval letter
Government Colonies/Lease Hold Properties:Sale Agreement duly registeredAllotment orderRural Area property: Oral Mutation (Court Certified Copy) Building Plan + Approval Letter Mutation (Court Certified Copy) Copies of Record of Right (FardMalkiyat) for the Last 12 Years L-20 (HBFC/Certificate of Assurance) by tehsildar (Sakni Certificate). N.E.C. (for the last 12 Years)
Possession Slip • Site Plan • Permission to Assign • N.E.C. (from the date of Sale Agreement) • Building Plan + Approval Letter • Aks-e-Shajra • Site Plan • N.E.C. • Permission to Assign (L-19) • Building Plan with Building Permit
Thank You All Q/A