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Aaspire Mansions PVT LTD Updated

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To, Date:

Bangalore

LEGAL OPINION

Opinion is sought as to whether the Schedule property has a


good and marketable title.

I. 1 Description of the Property (SCHEDULE PROPERTY)

All that piece and parcel of property bearing Flat No.413, 2


BHK, 4th Floor, measuring 1088Sq.Ft., “ASPIRE
SERENITY”, constructed in Sy.No.112/3 , measuring 1
Acre 1 Guntas, situated at Kithaganur Village, Bidarahalli
Hobli, Bangalore East Taluk, Bangalore.

II. 2 Description of the documents scrutinised

Sl. Date of the Nature of Document Origina


No Document (Names of the parties to be l/
mentioned) Certifie
d/
Xerox
copy
1. 07.05.2012 Registered Joint Development Xerox
Agreement executed between Sri. S.
Satish and M/s. Aaspire Developers
Represented by its Partners Sri. M.
Narayanswamy, Sri. L. Umesh, and S.
Venkatesh.

2. 07.05.2012 Registered General Power of Xerox


Attorney executed between Sri. S.
Satish and M/s. Aaspire Developers
Represented by its Partners Sri. M.
Narayanswamy, Sri. L. Umesh, and S.
Venkatesh.

3. 30.05.2018 Registered Rectification/ Xerox


Supplementary Deed of Joint
Development Agreement & General
Power of Attorney executed between
Sri. S. Satish and M/s. Aaspire
Mansions Private Limited
Represented by its Directors Sri. M.
Narayanswamy, Sri. L. Umesh, and S.
Venkatesh & is represented by its
Directors 1. Sri. Ramesh Venkatappa
2. Sri. Kuchala Hanumanthu.

4. 16/21.01.2 Deed of Assignment executed Xerox


013 between M/s. Aaspire Developers
Represented by its Partners Sri. M.
Narayanswamy, Sri. L. Umesh, and S.
Venkatesh in favour of M/s. Aaspire
Mansions Pvt. Ltd. Represented by its
Managing Directors Sri. M.
Narayanswamy, Sri. L. Umesh, and S.
Venkatesh
5. 13.12.2012 Plan Sanction Approval Letter by Xerox
BDA

6. 04.08.2012 NOC from Karnataka State Pollution Xerox


Control Board

7. Official Memorandum bearing No. Xerox


15.02.2011 ALN(PU.B.B) SR:55/2010-11
converting land measuring 1 Acre and
1 Guntas in Sy.No.112/3, Kithaganur
Village, Bidarahalli Hobli, Bangalore
from agricultural to residential
purpose.

8. Survey Sketch & Tippani Xerox

9. 26.10.2010 PTCL Endorsement bearing Xerox


No.616/2010-11 to show there is no
cases pending in land measuring 1
Acre and 1 Guntas in Sy.No.112/3,
Kithaganur Village, Bidarahalli Hobli,
Bangalore

10. 23.10.2010 Endorsement under 79A&B of Xerox


Karnataka Land Reforms Act in land
measuring 1 Acre and 1 Guntas in
Sy.No.112/3, Kithaganur Village,
Bidarahalli Hobli, Bangalore

11. 07.07.1994 Registered Absolute Sale Deed Xerox


executed by Sri. M. Jayarama Reddy in
favour of Sri. S. Sathish selling 1 Acre
& 1 Guntas in Sy.No.112/3,
Kithaganur Village, Bidarahalli Hobli,
Bangalore

12. 01.09.1994 Rectification Deed executed by Sri. Xerox


Jayarama Reddy in favour of Sri. S.
Satish.

13. 25.04.1993 Unregistered Family Settlement in Xerox


which Sri. M. Jayarama Reddy was
entitled to 1 Acre & 1 Guntas in
Sy.No.112/3, Kithaganur Village,
Bidarahalli Hobli, Bangalore

14. RTC from the Period 1995 to 2015 Xerox


depicting the name of S. Satish in
column no.9

15. 23.05.2011 Mutation Register bearing Xerox


No.36/2010-11

16. 28.09.2017 Endorsement by Tahsildar to show Xerox


non availability of records to issue RTC
From 1972-1984

17. Mutation Register bearing Xerox


No.23/1994-95 mutating in the name
of Sri. S. Satish land measuring1 Acre
& 1 Guntas in Sy.No.112/3,
Kithaganur Village, Bidarahalli Hobli,
Bangalore

18. Karnataka Revision Settlement Xerox


Akarbannd
19. 16.02.2019 Nil Tenancy Certificate by Tahshildar Xerox
for land measuring 1 Acre & 1 Guntas
in Sy.No.112/3.

Nil Encumbrance (Form 16) From Xerox


20. 01.04.1967 to 1980 & From
01.08.1986 to 31.05.1989

21. Encumbrance Certificate from year Xerox


01.04.2004 to 12.07.2018

22. 24.12.2019 Occupancy Certificate from BDA Xerox

23. 23.10.2018 Supplemental Agreement Between Xerox


Sri. S. Satish & M/s. Aaspire Mansions
Private Ltd represented by Sri. Ramesh
Venkatappa & Sri. Kuchala
Hanumanthu

24. 10.02.2020 Khatha issued by Panchayat Raj Xerox


Department of the land in Sy.No.112/3
in the name of Sri. S. Sathish

25. 12.12.2019 Sanctioned Plan issued by BDA Xerox

26. 06.07.2020 Receipt for paying 50,000/- towards Xerox


Booking of flat No.413.

27. 23.07.2019 Encumbrance Certificate from Xerox


01.04.2018 to 22.07.2019 of the
Schedule Property
28. 10.07.2020 Nil Encumbrance from 01.04.2019 to Xerox
09.07.200 of the Schedule Property

29. 15.12.2018 RERA Registration Certificate in the Xerox


name of ANS Serenity, Kithaganur
village, Bidarahalli Hobli, Bangalore

30. 07.05.2018 Board Resolution to authorize Sri. Xerox


Venkatappa Ramesh & Hanumanthu
Kuchala to sign all documents on
behalf of company M/s. Aaspire
Mansions Pvt. Ltd

31. 23.01.2015 Tax Paid Receipt of Sy.No.112/3 from Xerox


2012-2018

Discussion on the Chain of Title


From the perusal of the above documents we observe that
land measuring 1 Acre and 1 Guntas, situated in
Sy.No.112/3, of Kithaganur Village, Bidarhalli Hobli,
Bangalore, originally belonged to Sri. Muniswamappa.

The Sons of Sri. Muniswamappa i.e. 1. K.M. Krishna


Reddy, 2. M.Jayarama Reddy, 3. M. Shamraja Reddy, 4.
M.Nagaraja Reddy, 5. K.M. Kondarama Reddy, 6. K.M.
Sampangi Ramareddy, entered among themselves a
unregistered family settlement in which the land
measuring 1 Acre and 1 Guntas, situated in Sy.No.112/3,
of Kithaganur Village, Bidarhalli Hobli, Bangalore was
allotted to Sri. M. Jayarama Reddy.

On 07.07.1994, the above Sri. M. Jayarama Reddy


entered in to Registered Absolute Sale Deed in favour of
Sri. S. Sathish selling land measuring 1 Acre and 1
Guntas, situated in Sy.No.112/3, of Kithaganur Village,
Bidarhalli Hobli, Bangalore was allotted to Sri. M.
Jayarama Reddy.

The Khata was changed in the name of Sri. S. Sathish


and he has made an application before the Deputy
Commissioner, Bangalore for conversion of the Schedule
Property from agriculture to residential purpose. Based on
the application the Schedule Property was converted by
the Deputy Commissioner as per Conversion Order
No.ALN (PU.B.B) SR:55/2010-11 dated 15.02.2011.

Hence was conclude that the above Sri. S. Sathish is the


owner, title holder of land measuring 1 Acre and 1
Guntas, situated in Sy.No.112/3, of Kithaganur Village,
Bidarhalli Hobli, Bangalore.
The above Sri. S. Sathish being desirable to develop his
land into a Multi-story residential apartment complex
entered into Joint Development Agreement bearing
No.483/2012-13 dated 07.05.2012 with M/s. Aaspire
Developers in which the sharing ratio between Builder &
Owner is 67:33 Respectively.

On 30.05.2018 a Rectification Deed was entered in to


between Sri. S. Sathish and & M/s. Aaspire Mansions
Private Limited to rectify i.e. change the name from M/s.
Aaspire Developers to M/s. Aaspire Mansions Private
Limited in the Joint Development Agreement
No.483/2012-13 & under General Power of Attorney
bearing No.89/2012-13.

On 23.10.2018, Supplement Agreement was entered


between landowner Sri. S. Sathish & Developer M/s.
Aaspire Mansions Private Limited in which the schedule
property i.e. flat No.413 measuring 1088 Sqft has been
allotted to the share of Developer.

III. Details of further


document to be obtained, 1.Document to show sale of
if any, to safeguards the
shares (Share Certificate)
interest to be taken.
from 1. Narayanswamy,
2.Umesh, & 3. Venkatesh
in favour of Sri. Ramesh
Venkatappa & Sri.
Kuchala Hanumanthu
2.MoA & AoA of M/s. Aaspire
Mansions Private Limited
Final Opinion:
From the Perusal of documents mentioned above, we are of
the opinion that, the title of Developer M/s. Aaspire Mansions
Private Limited represented by its Directors 1.Sri. Ramesh
Venkatappa 2. Sri. Kuchala Hanumanthu are the present
owners of the Schedule Property, having absolute right, title
and interest in the Schedule property and we are also of the
Opinion that they have good, clear and marketable title.
However, documents mentioned in Serial No.III needs to be
obtained.
.
(Advocate)

Bangalore,

Date:

Note: The above Opinion is given on the basis of all


Xerox documents.

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