Prabhat Hoshyar Singh

Banking & Property Legal Documentation & Due Diligence:

• Legal Report & TSR (Title Search Report) Review:
  Thoroughly scrutinize and interpret Legal Reports and Title Search Reports (TSRs) to identify encumbrances, ownership disputes, succession issues, and other legal risks associated with properties offered as collateral for loans.
  Provide clear and concise legal opinions on the marketability and clear title of properties based on TSR findings.
• ODV Report (Original Document Verification) Analysis:
  Review and provide legal opinions on ODV reports, highlighting any legal implications arising from deviations in property valuation or other discrepancies.
• PDD Report (Post-Disbursement Documents) Verification:
  Ensure all post-disbursement documents (PDDs) are duly executed, stamped, registered (where applicable), and comply with sanction terms and legal requirements.
• Preparation and Vetting of Bank Legal Documents:
  Draft, review, and vet a wide array of banking legal documents, including but not limited to: loan agreements, mortgage deeds, hypothecation agreements, guarantees, undertakings, declarations, and other security documents.
  Ensuring all documents are legally sound, enforceable, and adequately protect the bank's interests.

II. Transactional Legal Support (All Types of Transactions):

• Resale Transactions:
  Provide comprehensive legal due diligence for loans against resale properties, verifying ownership, previous sale deeds, transfer of title, and compliance with local property laws.
  Ensure proper execution and registration of sale deeds and mortgage documents.
• D.A. (Direct Allotment/Developer Allotment) Transactions:
  Review and advise on legal aspects of direct allotment projects, including builder-buyer agreements, allotment letters, and ensuring the developer's legal clearances.
• D.A. + B.T. (Direct Allotment + Balance Transfer) Transactions:
  Handle the legal complexities of cases involving direct allotment alongside a balance transfer, ensuring seamless transition of existing liabilities and creation of new security.
• B.T. (Balance Transfer) Transactions:
  Conduct legal due diligence for balance transfer cases, ensuring the existing mortgage/charge is properly released and a new, valid charge is created in favor of the bank.
• Resale + B.T. (Resale + Balance Transfer) Transactions:
  Manage the intricate legal requirements of combined resale and balance transfer transactions, verifying both the property's clear title and the proper transfer of outstanding loan obligations.

III. District Court Legal Work:

• Litigation Management:
  Represent the bank in various civil and criminal matters before all District Courts, including but not limited to:
  Recovery suits (e.g., under Order XXXVII of CPC, SARFAESI Act, DRT Act if applicable to District Courts).
  Property disputes affecting bank's collateral (e.g., injunction suits, declaration suits).
  Execution petitions for recovery of dues.
  Cheque bounce cases (under Negotiable Instruments Act).
  Consumer forum complaints.
  Criminal matters related to fraud or breach of trust impacting the bank.
  Liaise with external counsels, provide necessary documentation, and ensure timely filing of pleadings, applications, and appeals.
  Monitor case progress, prepare legal briefs, and provide regular updates to relevant stakeholders.
• Legal Opinion & Advisory:
  Provide timely and accurate legal opinions and advice on various legal issues arising from banking operations, customer disputes, and regulatory compliance.
  Assist in drafting responses to legal notices, show-cause notices, and other legal communications.
• Compliance & Regulatory Adherence:
  Stay abreast of changes in banking laws, property laws, and other relevant statutes and regulations.
  Ensure the bank's policies and procedures are in compliance with the latest legal requirements.

Required Skills & Competencies:

• Strong Legal Acumen: In-depth knowledge of property laws (Transfer of Property Act, Registration Act, Stamp Act, local land laws), Contract Act, Negotiable Instruments Act, Code of Civil Procedure, SARFAESI Act, and other relevant banking laws and regulations.
• Drafting & Vetting: Excellent legal drafting and vetting skills with meticulous attention to detail.
• Litigation Management: Proven experience in managing civil and criminal litigation, including appearing in court, briefing counsel, and strategic planning.
• Analytical & Problem-Solving: Ability to analyze complex legal issues, identify risks, and propose practical solutions.
• Communication: Excellent written and verbal communication skills, with the ability to articulate complex legal concepts clearly and concisely to both legal and non-legal audiences.
• Proactive & Organized: Ability to manage multiple tasks, prioritize effectively, and work under pressure to meet deadlines.
• Bank Name
• Axis Bank (All Delhi NCR Loan Center)
• RBL Bank Gurgaon and Okhla
• ICICI Bank (Gurgaon, Faridabad, Green Park, Manesar Gurgaon, Udyog Vihar Gurgaon)
• TATA Capital (Faridabad, Gurgaon sector 14, Lajpat Nagar)
• All SRO
• Delhi SRO
• Faridabad SRO
• Ghaziabad SRO
• Noida SRO
• Greater Noida SRO
• Gurgaon SRO

Litigation & Dispute Resolution:

• District Court & Judicial Court Matters: Manage and oversee all civil and criminal litigation matters before District Courts, Judicial Courts, and Sessions Courts across various districts. Represent the organization or coordinate with external counsels for cases including recovery suits, property disputes, execution petitions, cheque bounce cases (NI Act), injunctions, and other civil and criminal proceedings.Ensure timely filing of pleadings, applications, appeals, and adherence to court procedures.

Consumer Matters:

• Manage and defend cases before District Consumer Disputes Redressal Commissions concerning service deficiencies, billing disputes (e.g., related to "Consumer Meters" for utilities), or other complaints under the Consumer Protection Act.
• Engage with relevant regulatory bodies or ombudsmen as required.