Resi: S Ramiasulvamahtitl, 60,,81., 08 (Formerly Asst. Gen. Manager, SBM) Advocate 24.03.2009 Sri, Anand, LBM, Bangalore Dear Sir, Legal Scrutiny and Report in respect of Property bearing CMC Khatha No. in Serial No.182 and Property No.537/3 in Bilekahalli Village, Begur Hobli, Bangalore South Taluk, measuring North to South 60 feet, East to West 40 feet and property bearing CMC Khatha No.180 and Serial No. 184 of property bearing No.537/4 in Bilekahalli Village, Begur Hobli, Bangalore South Taluk, measuring North measuring North to South 60 feet, East to West 40 feet. Both the properties have old Property No. 139/4567 and Site Nos. 537/3 and 537/4 respectively. Both the sites form a Single Block admeasuring 4,800 sq.ft and bounded on the East by Property bearing No.537/2, West by Private Property, North by property bearing No.537/5 and 6 and South by Arakere Village Road. Photo copies of documents pertaining to the above are placed in my hands for legal scrutiny and opinion thereof. On the basis of a study made from the connected papers and personal discussions had with you, the following report is offered. Documents pertaining to Site No. 537/4 . Certified copy of the Sale Deed in respect of land in Sy. No.139/3 admeasuring 39 guntas of Bilakahalli Village executed by Sri. N. Srinivasa Rao in favour of Sri. Krishna Murthy. 2. Registered Sale Deed of Site bearing No.537/4, measuring 60 ft x 40 ft executed by Sri. Krishna Murthy in favour of Sri. M. K, Ramachandran. 3. Receipt for payment of Betterment charges in respect of Site No. 537/4 dated 27.06.1998 4. No Objection Certificate issued by CMC, Bommahanahalli dated 28.01.1997. 5. Agreement to Sell between M. K. Ramachandran and P. Chandrashekar dated 01.08.1996, om: MF/15-5, BDA Flats 443, 23rd Cross BTM Layout, II Stage Bannerghatta Road Bangalore - 560070 560076 Tel : 26712167 Bangalore Tol: 26689193 Coll : 98805 89193 t 10th Main, BSK II Stage2: . Xerox copy of Specific Power of Attorney executed by M. K. Ramachandran in favour of Smt, Rama Chandrashekar dated 01.08.1996 7. Registered Sale Deed in respect of Site bearing No.537/4 executed by Smt. Rama Chandrashekar as Special Power of Attorney Holder of M. K, Ramachandran in favour of P. Chandrashekar dated 15.04.1998 8. Endorsement regarding change of Khatha in favour of P. Chandrashekar and payment made to CMC, Bommanahalli dated 26.03.2005. 9. Assessment Extract and Khatha Extract in favour of P. Chandrashekar dated 29.03.2005 10. Receipts indicating payment of Tax in respect of property No. 537/4 for years 2002 to 2005 made by P. Chandrashekar 11. Registered Sale Deed in respect of Site No.537/4 executed by P. Chandrashekar, N. Chinnamuniswamy Chetty and N. Krishnaswamy in favour of T. Ripunjaya Reddy dated 04.05.2005 12. Endorsement regarding change of Khatha in favour of T. Ripunjaya Reddy dated 25.07.2005 issued by CMC, Bommanahalli. 13.Tax payment receipt in respect of Site No. 537/4 for 2005-06 made by T. Ripunjaya Reddy 20.07.05 14.Registered Sale Deed in respect of Site No. 537/4 executed by T. Ripunjaya Reddy in favour of T. Suresh Kumar Reddy dated 03.04.2006 15.Encumbrance Certificates for the period from 01.04.1980 to 18.01.2008 are produced. Documents pertaining to Site No. 537/3 16.Xerox copy of the Sale Deed in respect of Site No. 537/3 executed by Krishna Setty in favour of K. Gopinath 17. Xerox copy of the General Power of Attorney in respect of property in Sy.No.139/7 executed by Subbaraju in favour of one Sri. Ramesh, Son of Chinnamuniswamy Chetty dated 25.02.1991. 18. Challans indicating payment of property Tax in respect of Site No. 537/3 dated 17.03.2005 by K. Gopinath 19.Tax Demand Extract Register for the year 2004-05 dated 29.03.2005 20. Registered Sale Deed in respect of Site No. 537/3 executed by Gopinath and Subbaraju in favour of T. Ripunjaya Reddy dated 04.05.2005 21.Endorsement regarding change of Khatha in favour of Ripunjaya Reddy and payment receipt issued by CMC, Bommanahalli dated 25.07.2005GY Z Ramadi “YONA 2, B.SC, BL, CAIB (Formerly Asst. Gen. Manager, SBM) Advocate 22.Payment of Rs.10,000/- as benificiary fund in favour of CMC Bommanahalli_ for Site No.537/3 dated 20.07.2005 23.Payment of property tax for the year 2005-06 made by T. Ripunjaya Redddy on 20.07.2005 24.Registered Sale Deed in respect of Site No.537/3 executed by T. Ripunjaya Reddy in favour of T. Suresh Kuamr Reddy dt. 03.04.2006 25.Encumbrance Certificates for the period from 01.04.2004 to 01.07.2008 are produced. Analy is 1. Iam provided with a Court Order issued by the 31 Additional City Civil Judge dated 18.04.2006 in O. S. No. 7049 / 96 connected with 7050/96, 7051/96, 7052/96, 7053/96, 7054/96, 7055/96, 7056/96 and 7057/96. In these Suits, Chinnamuniswamy Chetty and Subbaraju were the Plaintiffs. Defendants N. Bhumi Reddy and M. Krishna Murthy were common in all the Suits apart from various other Defendants also including M. K. Ramachandran and K. Gopinthan who were mentioned earlier in this report. These cases had been filed by the Plaintiffs for declaration that all the transaction between the defendants 1 and 2 in the above Suits and other defendants 3 to 32 in the above Suits under any document of any nature were not binding on the Plaintiffs and for Injunction restraining the defendants from altering the character of land or doing any work. . The above Suits were combined and the Hon'ble City Civil Court had passed a common Order on 18.04.2006. The Hon'ble Court had dismissed the above Suits indicating that the valuation slip filed by the Plaintiffs is not proper as regards the relief of possession. Plaintiffs are directed to file their valuation slip and pay Court Fee on actual Market value of item No.3 in respect of Suits. The Hon'ble Court while dismissing the Appeal had also found the following in respect of property in item No.3. i. The defendants 1 and 2 do not have the authority to alienate market and sell properties that are agreed for forming a Layout. Hence the sale deeds executed before or after the formation of Layout by Defendants | and 2 do not bind the Plaintiffs. Hence, the sale deed executed by the Defendant in favour M. K. Ramachandran and Gopinath have become infructuous. ii, I see from the papers submitted that Sri. Chandrashekar has added N. Chinnamuniswamy Chetty and M. Krishnaswamy in the Sale v 5 Resi: Off: MF/15-5, BDA Flats 443, 23rd Cross BTM Layout, II Stage 10th Main, BSK II Stage Bannerghatta Road Bangalore - 560070 -560 076 Tel : 26712167 Bangalore Tel: 2668 9193 Coll : 98805 89193Deed executed in favour of T. Ripunjaya Reddy. This is obviously due to the fact that the sale deed executed by Smt. Rama Chandrashekar as Special Power of Attorney holder of M. K. Ramachandran in favour of P. Chandrashekar had become void. iii. In the case of the sale deed executed by Krishna Setty in favour of K. Gopinath dated 12.04.1982 has become void in view of the fact that Krishna Setty did not have a right to alienate any property. Hence, the sale deed executed dated 04.05.2005 in favour of T. Ripunjaya Reddy, I find Gopinath and Subbaraju becoming the Vendors of Site bearing No. 537/3. As Subbaraju has been the original owner of property in Sy. No. 139/7 having acquired the same through a registered Sale Deed dated 25.10.1980 registered in the office of the Sub Registrar, Bangalore South Taluk. iv. Subsequent to the sale deeds dated 04.5.2005 and executed in favour of T. Ripunjaya Reddy, the flow of title to Sri. Suresh Kuamr Reddy are in order. Hence, Sri. T. Suresh Kumar Reddy has become the owner of the properties bearing CMC Khatha No.915 in SI. No. 184 as Old Site No.537/4 and CMC Khatha No.in SI. No. 182 as Old Site No.537/3. Both these sites have old Assessment Nos. 139 / 4, 5, 6 and 7 situated at Bilekahalli Village, Begur Hobli. . Sri. Suresh Kuamr Reddy had presented the following documents:- i, Endorsement regarding change of Khatha in favour of T. Suresh Kuamr Reddy by requisite payment in respect of Site Nos.537/3 and 537/4 dated 15.05.2006 and 19.05.2006. ii, Building Plan sanction issued by CMC, Bommanahalli dated 23.06.2006 iii, _ Receipt for payment of License fee dated 24.06.2006 iy. Building License issued by CMC, Bommanahalli dated 26.06.2006 y. Special Power of Attorney executed by T. Suresh Kumar Reddy in favour of M. Padmanabha Reddy in respect of Site Nos. 537/3 and 537/4. vi. Registered power of attorney executed by T. Suresh Kumar Reddy in favour of M/s. Aashrayaa Projects represented by its Directors. vii. Registered Deed of Joint Develop Agreement Deed executed between T. Suresh Kumar Reddy and M/s. Aashrayaa Projects dated 28.03.2007.Ramasulbsamiantitl, ps0, 1.,CA0 (Formerly Asst. Gen. Manager, SBM) Advocate aes viii, Memorandum of sharing / understanding executed by T. Suresh Kuamar Reddy and Aashrayaa Projects. ix. Approved Sanction plan of Stilt Floor, Ground Floor, First Floor and Second Floor 4. M/s, Aashrayaa Projects have entered into Joint Development Agreement with Sri. T. Suresh Kumar Reddy to develop the schedule property by putting up a Multi Storied Residential Apartments at their own costs with Compound Walls, Gates, Internal and External Services relating to Electricity, Roads, Water, Sewage and other works. 5. The owner and the Developer have agreed to share the area so developed in the ratio of 18: 82; that is to say the owner will be entitled to 18% of the constructed area of the residential apartment complex along with 18% of car parking space and also 18% in respect of terrace rights in the Building. The Developer will have right of 82% of the constructed area of the residential apartment complex along with 82% of car parking space and also 82% in respect of terrace rights in the Building. 6. Accordingly, the sharing pattern have been detailed and the rights over the area and the Flats that are being developed are clearly detailed in the Memorandum of Sharing dated 28.03.2007. This Memorandum of Sharing has been notarised. 7. Mis. Aashrayaa Projects have been given registered power of attorney by T. Suresh Kumar Reddy dated 28.03.2007 to sell 82% of the portion of the built up area and 82% of the undivided portion of Schedule property. egal Opi 1. Onthe basis of the Analysis done of the papers given to me including the order of the Hon'ble City Civil Court, I am of the view that M/s. Aashrayaa Projects have the power to market the Flats and the Areas in the developed residential apartments. 2. The owner of the property T. Suresh Kumar Reddy had acquired the property through valid sale deeds and registered in the Sub Registrar's Office, Bangalore South. 3. T. Suresh Kumar Reddy had also applied for Joint Khatha of properties No.537/3 and 537/4 and obtained fresh Khatha bearing No.. > -- «180/179 measuring 4,800 sq.ft. and bounded on the East by property bearing No. 537/2, West by private property, North by property bearing no.537/S and 6 and South by Arakere Village Road. Resi: om: MF/15-5, BDA Flats 443, 23rd Cross BTM Layout, II Stage 410th Main, BSK II Stage Road Bangalore - 560070 Bangalore - 560076 ‘Tel : 26712167 Tel: 2668 9193 Cell : 98805 89193noe 4, The Joint Development Agreement, Memorandum of Sharing between T. Suresh Kumar Reddy and M/s. Aashrayaa Projects and the Registered Power of Attorney executed by T. Suresh Kumar Reddy enable them to sell, alienate and market the said Flats along with undivided portion in the larger property. 5. The Developers have been permitted to build the Stilt, Ground, First and Second Floor. They can only construct and develop as per sanction plan. Any deviations in putting up extra floors and areas are required to be ratified, confirmed or permission obtained from competent authority. Needless to say any violation in the Plan approved should be cautiously approached. As of now and as per the plan approved, the Developer and the Owner can exercise their option of sharing only up to areas that are developed in the Ground, First and Second Floors along with Car park space. Sri. Mohan is advised to obtain the latest Encumbrance Certificates for these properties, for understanding the continuity in the flow of title. The onstitution of M/s. Aashrayaa Projects is not divulged. The opinion is offered without recourse as the Analysis is done on the basis of the Photo copies of documents. Papers Sherr ore hedurned- Yours ffithfully, on (S. Ramasubyamanian) ‘Advocate