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Legal Scrutiny Report for Property Title

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156 views9 pages

Legal Scrutiny Report for Property Title

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diwakardivi1991
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H. PRAHLADA H.

P LAW
B.A.L.L.B. Advocate & Solicitor
# 2, 3rd Floor, Venkateshwara Complex, Bank of Baroda Building, Yeshwanthpur Circle,
Yeshwanthpur, Bangalore-560022. Office : 080-23371073, E-mail:
prahlada.h21@[Link]
TATA CAPITAL HOUSING FINANCE LIMITED
TITLE SEARCH CUM LEGAL SCRUTINY REPORT
[Link].04.08.2024 Date:17.08.2024

To,
The Credit Manager,
Tata Capital Housing Finance Ltd,
Bangalore.

Dear Sir/Madam,

Application No.APPL50561774

Name of the Loan Applicant : [Link].S.M W/o Mallikarjuna Swamy.R


[Link] Swamy R s/o Rajappa R.

Name of the title Holder : [Link] Ram.C S/o Chandrashekaran.S


[Link].R W/o [Link] Ram C.

I : DESCRIPTION OF THE PROPERTY:

All that piece and parcel of the immovable residential property bearing Site
No.12, formed converted [Link].21/3B, old No.21/3, measuring 01 Acre
including 1 Gunta Kharab, which has been converted into residential purpose
under official conversion order bearing [Link]/(NY)/SR-38-2020-21, vide
Application No.190374 dated 22.10.2020, issued by the Deputy Commissioner,
Bangalore District, issued by the Deputy Commissioner, Bangalore District,
situated at Abbigere Village, Yeshwanthapura Hobli, Bangalore North Taluk,
within the administrative jurisdiction of BBMP, Bangalore, and bounded as
follows:

East by : 30 feet Road,


West by : Private Property,
North by : Site No.11,
South by : Site No.13.

Measuring East to West: 50 feet and North to South:30 feet, in all measuring
1500 [Link].
Digitally signed by PRAHLADA H

PRA DN: C=IN, O=PERSONAL, T=


1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
II :List of documents submitted before me/us for scrutiny and Legal
opinion :
Sl. Regn./Ref Original/
Date of
No. No. of the Photo
Document Description of the Document
Document copy
Mutation bearing MR No.6/1996-97, ---- Photo copy
in the name of [Link] W/o
1. ----
[Link], for [Link].21/3,
measuring 1 Acre.
RTC for the period from 1997-98 to ---- Photo copy
2006-07, in the name of
2. ----
[Link] W/o [Link], for
[Link].21/3, measuring 1 Acre.
Registered sale deed executed by Bearing Photo copy
[Link] W/o Late doc
[Link] (Vendor) & No.44150/
[Link] W/o
3. 09.02.2004 02-03
[Link] (consenting party) in
favour of [Link] W/o
[Link], for [Link].21/3,
measuring 1 Acre.
Registered sale deed executed by Bearing Photo copy
[Link] W/o doc
[Link] & [Link]-1-
4. 03.12.2005 [Link] W/o late
16942/05-
[Link] in favour of
[Link] S/o [Link], for 6.
[Link].21/3, measuring 1 Acre.
RTC for the period from 2017-18 to ---- Photo copy
2019-20, in the name of
5. ----
[Link] S/o [Link], for
[Link].21/3, measuring 1 Acre.
MR No.T2/2019-20, herein Sy ----- Photo copy
No.21/3 bifurcated AND assigned
6. 21.10.2019
new [Link].21/3B, pertaining to
[Link].
Registered sale deed executed by Bearing Photo copy
[Link] S/o N S Anand in doc
favour of [Link] K G S/o [Link]-1-
7. 10.03.2020
Gangaiah, for [Link].21/3B
06963/201
measuring 39 Guntas and 1 Gunta
Kharab. 9-20.
Confirmation deed executed by Bearing Photo copy
8. 13.07.2020
[Link] Devi,
Digitally signed by PRAHLADA H
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=

PRA 58e33f9bbd9e49ae940ff406acbf
efe8, Phone=
52de9569c644ca3fa23cf8d9efaf
4994a8acae80d9c74dbe44b4c2f
929814457, PostalCode=560054
, S=Karnataka,

HLA SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this
document

DA H
Location: 12345678
Date: 2024.08.17
[Link]
+05'30'
Foxit PDF Reader Version:
12.1.3
[Link], doc
[Link] & [Link]-1-
[Link] all are 01113-
daughters of late Arasappa in favour
2020-21.
of [Link].K.G S/o
[Link], for [Link].21/3B, old
No.21/3 measuring 39 Guntas and 1
Gunta Kharab.
MR No.H4/2019-20 in the name of ---- Photocopy
[Link] K G S/o
9. 12.05.2020
[Link], for [Link].21/3B,
measuring 39 Guntas.
RTC for the period 2019-20 in the ---- Photocopy
name of [Link] K G S/o
10. ---- [Link], for [Link].21/3B,
measuring 39 Guntas & Gunta
Kharab.
Official Memorandum bearing ---- Photocopy
No.190374 issued by the Deputy
Commissioner, Bangalore District,
Bangalore, for converted from
11. 22.10.2020
agriculture to non-agriculture
residential purpose, in respect of
[Link].21/3B measuring 0-34.4
Guntas out of 1 Acre.
Registered sale deed executed by Bearing Photocopy
[Link] K G S/o Gangaiah in doc
favour of [Link] C S/o M [Link]-1-
12. 24.12.2020 Chowdappa, for Site No.12,
04936-
measuring East to West: 50 feet and
North to South:30 feet, in all 2020-21
measuring 1500 [Link].
Registered rectification deed executed Bearing Photocopy
by [Link] K G S/o Gangaiah doc
in favour of [Link] C S/o M [Link]-1-
Chowdappa,
06458-
Whereas in the above sale deed
description of conversion order 2020-21
13. 10.03.2021 Number (in page No.4, 6 & 9) has
been wrongly mentioned as order
[Link]/N/Y/SR/37/2020-21, vide
Application No.190375” instead of
order [Link]/(NY)/SR-38/2020-21
vide application No.190374, hereby
rectified the same.

PRA
Digitally signed by PRAHLADA H
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H
document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
Registered sale deed executed by Bearing Photocopy
[Link] C S/o M Chowdappa doc
in favour of [Link] Ram C S/o [Link]-1-
Chandrashekaran. S & [Link]
14. 30.11.2022 07578-
R Sri. Raja Ram C, for Site No.12,
measuring East to West: 50 feet and 2022-23
North to South:30 feet, in all
measuring 1500 Sq feet.
Katha in Form-B property Register ---- Photocopy
Extract issued by BBMP in the name
15. 16.03.2023
of [Link] Ram C & [Link] R,
for Site No.12 measuring 50ftX30ft.
Tax Paid receipt for the period 2024- ---- Photocopy
16. 05.06.2024 25 for Assessment No.21/3B issued
by BBMP.
Agreement of Sale entered into ---- Photocopy
between [Link] Ram C S/o
Chandrashekaran. S &
[Link] R w/o [Link] Ram C
with [Link] S M W/o
17. 17.06.2024 Mallikarjuna Swamy R &
[Link] Swamy R s/o
Rajappa R, for Site No.12,
measuring East to West: 50 feet and
North to South:30 feet, in all
measuring 1500 [Link].
EC for the period from 01.04.2004 to ---- Photocopy
05.12.2022, (SA No.20929/222-23)
18. 05.12.2022
(1113/20-21, 6963/2019-20,
16942/2005-06) for Sy No.21/3.
EC for the period from 01.04.2004 to ---- Photocopy
12.08.2024, (SA No.3749083/2024-
19. 13.08.2024
25) (7578/22-23, 6458/20-21,
4936/2020-21), for Site No.12.

III. FLOW OF TITLE OF PROPERTY- (HISTORY OF TITLE)

The larger extent of property bearing for [Link].21/3 measuring 1 Acre,


situated at Abbigere Village, Yeshwanthapura Hobli, Bangalore North Taluk,
Bangalore, was previously belongs to [Link] W/o M Narayan, seen
from MR No.6/1996-97 & RTC for the period from 1997-98 to 2006-07, which
are referred in [Link].1 & 2 of II Para.
Digitally signed by PRAHLADA H

PRAH
DN: C=IN, O=PERSONAL, T=1291
, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfefe
8, Phone=
52de9569c644ca3fa23cf8d9efaf49
94a8acae80d9c74dbe44b4c2f9298

LADA 14457, PostalCode=560054, S=


Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e70601b
b61ae5383591d1e17589ab0cf1c35
d24861, CN=PRAHLADA H
Reason: I am the author of this

H document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
Later, [Link] W/o late [Link] (Vendor) & Smt.V M
Rathnamma W/o N Giddappa (consenting party) have sold the [Link].21/3
measuring 1 Acre in favour of [Link] W/o V Munichowdappa, under
the registered sale deed dated.09.02.2004 bearing doc No.44150/02-03, which
is referred in [Link].3 of II Para

Thereafter, [Link] W/o V Munichowdappa & Smt.D Rathnamma


W/o late M Narayana have sold the [Link].21/3 measuring 1 Acre in favour of
Sri.N A Girish S/o N S Anand, through registered sale deed dated.03.12.2005
bearing doc [Link]-1-16942/05-6, which is referred in [Link].4 of II Para.

Accordingly, Khata of the said property was transferred in his name, seen from
RTC for the period from 2017-18 to 2019-20, which is referred in [Link].5 of II
Para.

In mean while the revenue department has been conducted the re-survey &
assigned new No.21/3B pertaining to Sri.N A Girish, seen from MR
No.T2/2019-20, which is referred in [Link].6 of II Para.

Thereafter, Sri.N A Girish S/o N S Anand has sold the property bearing
[Link].21/3B measuring 39 Guntas and 1 Gunta Kharab in favour of
[Link] K G S/o Gangaiah, as could be seen from registered sale deed
dated.10.03.2020 bearing doc [Link]-1-06963/2019-20, which is referred in
[Link].7 of II Para.

Later legal heirs of earlier owner, i,e [Link] Devi, [Link],


[Link] & [Link] all are daughters of late
Arasappa have executed the registered Confirmation deed, bearing
[Link]-1-01113-2020-21 in favour of [Link] K G S/o
[Link], for [Link].21/3B, old No.21/3, measuring 0-39 Guntas and 1
Gunta Kharab, which is referred in [Link].8 of II Para.

Accordingly, khata of the said property was mutated, transferred in the name
of [Link] K G S/o Gangaiah, seen from MR No.H4/2019-20 & RTC for
the period 2019-20, which ire referred in [Link].9 & 10 of II Para

Later said land bearing [Link].21/3B measuring 0-34.4 Guntas out of 1 Acre
has been converted from agriculture to non-agriculture residential purpose,
seen from Official Memorandum bearing No.190374, issued by the Deputy
Commissioner, Bangalore, which is referred in [Link].11 of II Para.

Digitally signed by PRAHLADA H

PRA
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
After formed of sites in said land, [Link] K G S/o Gangaiah has sold
the Site No.12, measuring East to West: 50 feet and North to South:30 feet, in
all measuring 1500 [Link] in favour of [Link].C S/o M Chowdappa, as
could be seen from registered sale deed dated 24.12.2020 bearing doc [Link]-
1-04936-2020-21, which is referred in [Link].12 of II Para.

Whereas in the above sale deed description of conversion order Number (in
page No.4, 6 & 9) has been wrongly mentioned as order
[Link]/N/Y/SR/37/2020-21, vide Application No.190375” instead of order
[Link]/(NY)/SR-38/2020-21 vide application No.190374, hence rectified the
same by both parties, through registered rectification deed dated.10.03.2021
Bearing doc [Link]-1-06458-2020-21, which is referred in [Link].13 of II
Para.

Thereafter, [Link] C S/o M Chowdappa has sold the Site No.12


measuring East to West: 50 feet and North to South:30 feet in all measuring
1500 Sq feet. in favour of [Link] Ram C S/o Chandrashekaran.S &
[Link].R w/o [Link] Ram.C, through registered sale deed
30.11.2022 Bearing doc [Link]-1-07578-2022-23, which is referred in
[Link].14 of II Para.

Accordingly, Khata for the schedule property is got transferred, stands in the
name of [Link] Ram C & [Link] R, seen from Katha Form-B property
Register Extract issued by BBMP, which is referred in [Link].15 of II Para.

Tax for the schedule property is paid up to 2024-25, as could be seen from Tax
paid receipt for the year 2024-25 issued by BBMP, which is referred in
[Link].16 of II Para.

Now with intention to sell the Site No.12, measuring East to West: 50 feet and
North to South:30 feet, in all measuring 1500 [Link], said [Link] Ram C
S/o Chandrashekaran. S & [Link] R w/o [Link] Ram C have entered
into an Agreement of Sale dated 17.06.2024 with [Link] S M W/o
Mallikarjuna Swamy R & [Link] Swamy R s/o Rajappa R, which is
referred in [Link].17 of II Para.

Encumbrance certificate/s produced for scrutiny discloses only the admitted


documents and there is no encumbrance in or upon the property for the period
covered in the period from 01.04.2004 to 12.08.2024, which are referred in
[Link].18 & 19 of II Para.

PRA
Digitally signed by PRAHLADA H
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H
document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
IV. OBSERVATIONS:

On the basis of the documents scrutinized, subject to fulfilling the following


conditions, I certify that [Link] Ram C S/o Chandrashekaran. S &
[Link] R w/o [Link] Ram C has clear marketable title over property
described in Para I. For subject to condition.

1. Original Verification of title deeds and documents.

V. TAX/LAND REVENUE RECEIPTS:


Tax for the schedule property is paid up to 2024-25, as could be seen from Tax
paid receipt for the year 2024-25 issued by BBMP, which is referred in
[Link].16 of II Para.

VI. URBAN LAND CEILING:

NA

VII. CERTIFICATE OF POSSESSION:

On the basis of the documents perused by me referred in Para II, I am of the


opinion that [Link] Ram C S/o Chandrashekaran. S & [Link] R
w/o [Link] Ram C ire the title holder in possession of the property referred
in Para I.

VIII. CERTIFICATE OF TITLE:

On the basis of the photocopies of documents scrutinized as referred in Para II,


subject to conditions mentioned in Para IV, I certify that [Link] Ram C S/o
Chandrashekaran. S & [Link] R w/o [Link] Ram C is the absolute
owner in possession having clear and marketable title over the property
described in Para I. After gets registered sale deed in favour of [Link] S
M W/o Mallikarjuna Swamy R & [Link] Swamy R s/o Rajappa
R, and then they will become absolute owners of the schedule property. The
said property will be available as security against the loan if all the original
documents as referred below are obtained and deposited with the Finance,
which would satisfy the condition of creation of equitable mortgage as per law.

Note: I confirm that in the event of default of the borrower, mortgage of the
property being founded could be enforced under the SARFASI Act-2002.

Digitally signed by PRAHLADA H

PRA
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3
IX. LIST OF DOCUMENTS REQUIRED FOR CREATING A VALID
MORTGAGE IN ORIGINALS:-

Sl. Regn./Ref Original /


Date of
No. No. of the Photo
Document Description of the Document
Document copy
Registered sale deed executed by Bearing Original
[Link] K G S/o Gangaiah in doc
favour of [Link] C S/o M [Link]-1-
1. 24.12.2020 Chowdappa, for Site No.12,
04936-
measuring East to West: 50 feet and
North to South:30 feet, in all 2020-21
measuring 1500 [Link].
Registered rectification deed executed Bearing Original
by [Link] K G S/o Gangaiah doc
in favour of [Link] C S/o M [Link]-1-
Chowdappa,
06458-
Whereas in the above sale deed
description of conversion order 2020-21
2. 10.03.2021 Number (in page No.4, 6 & 9) has
been wrongly mentioned as order
[Link]/N/Y/SR/37/2020-21, vide
Application No.190375” instead of
order [Link]/(NY)/SR-38/2020-21
vide application No.190374, hereby
rectified the same.
Registered sale deed executed by Bearing Original
[Link] C S/o M Chowdappa doc
in favour of [Link] Ram C S/o [Link]-1-
Chandrashekaran. S & [Link]
3. 30.11.2022 07578-
R Sri. Raja Ram C, for Site No.12,
measuring East to West: 50 feet and 2022-23
North to South:30 feet, in all
measuring 1500 Sq feet.
Katha in Form-B property Register ---- Original
Extract issued by BBMP in the name
4. 16.03.2023
of [Link] Ram C & [Link] R,
for Site No.12 measuring 50ftX30ft.
Tax Paid receipt for the period 2024- ---- Original
5. 05.06.2024 25 for Assessment No.21/3B issued
by BBMP.
Agreement of Sale entered into ---- Original
between [Link] Ram C S/o
6. 17.06.2024
Chandrashekaran. S &
[Link] R w/o [Link] Ram C
Digitally signed by PRAHLADA H

PRA
DN: C=IN, O=PERSONAL, T=
1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9
29814457, PostalCode=560054,

HLA S=Karnataka, SERIALNUMBER=


9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this
document

DA H
Location: 12345678
Date: 2024.08.17
[Link]
+05'30'
Foxit PDF Reader Version: 12.1.3
with [Link] S M W/o
Mallikarjuna Swamy R &
[Link] Swamy R s/o
Rajappa R, for Site No.12,
measuring East to West: 50 feet and
North to South:30 feet, in all
measuring 1500 [Link].
EC for the period from 01.04.2004 to ---- Digital
12.08.2024, (SA No.3749083/2024- Signed
7. 13.08.2024
25) (7578/22-23, 6458/20-21, Copy
4936/2020-21) for Site No.12.
Subsequent registered sale deed to ---- Original
be executed by [Link] Ram C S/o
Chandrashekaran. S &
[Link] R w/o [Link] Ram C
in favour of [Link] S M W/o
8. ---- Mallikarjuna Swamy R &
[Link] Swamy R s/o
Rajappa R, for Site No.12,
measuring East to West: 50 feet and
North to South:30 feet, in all
measuring 1500 [Link]

Place : Bangalore Your’s faithfully


Digitally signed by PRAHLADA H

PRA DN: C=IN, O=PERSONAL, T=


1291, OID.[Link]=
58e33f9bbd9e49ae940ff406acbfe
fe8, Phone=
52de9569c644ca3fa23cf8d9efaf4
994a8acae80d9c74dbe44b4c2f9

HLA 29814457, PostalCode=560054,


S=Karnataka, SERIALNUMBER=
9c7e90598e838bbfd7b5b1e7060
1bb61ae5383591d1e17589ab0cf
1c35d24861, CN=PRAHLADA H
Reason: I am the author of this

DA H document
Location: 12345678
Date: 2024.08.17 [Link]+05'30'
Foxit PDF Reader Version: 12.1.3

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