1. The document provides a legal opinion on the title of a property located in Bangalore.
2. It analyzes documents establishing the chain of ownership from 1994 to present, showing the land was originally owned by Muniswamappa and through inheritance and sale agreements is now owned by S. Sathish.
3. The opinion concludes S. Sathish has clear title to the land and that through development agreements the builder M/s. Aaspire Mansions Private Limited has rights to develop the property and was allotted unit 413.
1. The document provides a legal opinion on the title of a property located in Bangalore.
2. It analyzes documents establishing the chain of ownership from 1994 to present, showing the land was originally owned by Muniswamappa and through inheritance and sale agreements is now owned by S. Sathish.
3. The opinion concludes S. Sathish has clear title to the land and that through development agreements the builder M/s. Aaspire Mansions Private Limited has rights to develop the property and was allotted unit 413.
1. The document provides a legal opinion on the title of a property located in Bangalore.
2. It analyzes documents establishing the chain of ownership from 1994 to present, showing the land was originally owned by Muniswamappa and through inheritance and sale agreements is now owned by S. Sathish.
3. The opinion concludes S. Sathish has clear title to the land and that through development agreements the builder M/s. Aaspire Mansions Private Limited has rights to develop the property and was allotted unit 413.
1. The document provides a legal opinion on the title of a property located in Bangalore.
2. It analyzes documents establishing the chain of ownership from 1994 to present, showing the land was originally owned by Muniswamappa and through inheritance and sale agreements is now owned by S. Sathish.
3. The opinion concludes S. Sathish has clear title to the land and that through development agreements the builder M/s. Aaspire Mansions Private Limited has rights to develop the property and was allotted unit 413.
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