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ADV. R.K.SHINDE OFFICE.: “Mahalaxmi Heights”
M.A.,LL.B.,C.A.I.I.B(I),G.D.C.A. Shop No.7, Behind Mens
(ADVOCATE ) Avenue Old Bombay -Pune
Road, Pimpri, Pune :411018
Mobile No. 9960681000
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Resi: R.H.No.778, Vishwa Co-Op. Hsg. Society, MHADA, Pimpri, Pune: 411017
SEARCH AND TITLE REPORT
Date: 31.03.2022
To,
The Branch Manager,
Abhyuday Co. Operative Bank Ltd.,
Pimpri Branch,
PUNE.
Respected Sir,
LEGAL OPINION
1. Sub: Sub: Legal opinion in respect of Residential Accommodation/ Flat
No. 02 Ground Floor, Wing ‘A’ area admeasuring 60.53 Sq. Mtrs. Carpet
+ Open Car Parking in building known as “Dwarka Platinam” built upon
Sector No. 7, Plot No. 85 Layout Plot No-85 (part) situated at Village –
Bhosari, Taluka – Haveli, District - Pune & within the local limits of Pimpri
Chinchwad Muncipal Corporation and within the Control of and within
the jurisdiction of Haveli No. 1 to 28, Pune.
2. Name of the present Owner:
Mr. Yunus Noormohammad Shaikh
Mr. Imran Yunus Shaikh
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As per your instructions and discussions, I give my legal opinion as to
the Title and Search of the above mentioned House / Tenement (more
particularly described hereunder) for the Loan to be sanctioned on the
above said House /Tenement to the prospective borrowers.
3. DESCRIPTION OF PROPERTY :
All that piece and parcel of the “Residential Accommodation/ Residential
Flat No. 02 Ground Floor, Wing ‘A’ area admeasuring 60.53 Sq. Mtrs.
Carpet + Open Car Parking in building known as “Dwarka Platinam” built
upon Sector No. 7, Plot No. 85 Layout Plot No-85 (part) situated at
Village –Bhosari, Taluka – Haveli, District - Pune & within the local limits
of Pimpri Chinchwad Muncipal Corporation and within the Control of
and within the jurisdiction of Haveli No. 1 to 28, Pune”.
4. Description of Documents (Photo copies)Perused/ scrutinized :-
1. Completion Certificate dated 08.12.2008 bearing No.
Kra./VIPRA/26/7/85 (Pai)/7400
2. Society Registration Certificate dated 07.05.2009 bearing No.
PNA/PNA-(3)/HSG/(TC)/9673/09
3. Share Certificate in the name of Mr. Rajendra Ramkrishna Patil
and Mrs. Hemangi Rajendra Patil bearing No. 6 to 10
4. Assignment Deed dated 16.08.2012 executed by and between Mr.
Rajendra Ramkrishna Patil and Mrs. Hemangi Rajendra Patil as
the Vendors & Mr. Yunus Noormohammad Shaikh and Mr. Imran
Yunus Shaikh as the Purchasers, registered at the office of Haveli
No. 18 at serial No. 7906/2012.
5. Registration Receipt dated 16.08.2012 bearing No. 8072/2012
6. Index II.
7. Commencement Certificate dated 29.03.2007 bearing No. Kra.
VIPRA/26/07/85/(Part)/2177
8. Articles of Agreement 09.01.2009 executed by and between M/s.
S.G.K. Developers or (Satgurukrupa Developers) through its
partner Mr. Hari Nichaldas Jeswani as the Promoter/Developer
and Mr. Kisan Sakharam Landge through his Power of Attorney
Holder M/s. S.G.K. Developers or Satgurukrupa Developers)
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through its partner Mr. Hari Nichaldas Jeswani as the Consenting
Party and Mr. Rajendra Ramkrishna Patil and Mrs. Hemangi
Rajendra Patil as the Purchasers registered at the office of Sub-
Registrar Haveli No. 18 at Serial No. 78/2009
9. Registration Receipt dated 09.01.2009 bearing No. 79/2009
10. Index-II
11. Deed of Further Charge of Mortgage dated 12.11.2013 executed
by and between Mr. Imran Yunus Shaikh Mr. Yunus
Noormohammad Shaikh as the Mortgagors and Punjab & Sind
Bank Chinchwad Branch through its Authorized officer Ranjana
Jijaram Tatle as the Mortgagee registered at the office of Sub-
Registrar Haveli No. 14 at Serial No. 8532/2013
12. Registration Receipt dated 12.11.2013 bearing No. 9005/2013
13. Index-II
14. No Objection Certificate from PCNTDA
15. Allotment Certificate dated 30.05.2002 bearing No.
DA/LS/RS/5443 issued by PCNTDA
16. Deed of Lease dated 10.05.2002 executed by and between Pimpri
Chinchwad New Town Development Authority (PCNTDA) as the
Lessor and Shri. Kisan Sakharam Ladge as the Lessee registered at
the office of Sub-Registrar Haveli No. 5 at Serial No. 2504/2002
17. Index-II
18. Map and Possession Receipt dated 10.08.2001 issued by PCNTDA
19. N.A. Order dated 11.06.2007 bearing PRH/NA/SR/264/2007
20. Irrevocable Power of Attorney dated 28.02.2007 executed by Shri.
Kisan Sakharam Landge and 5 others in favour of M/s. S.G.K.
Developers through its partner Mr. Hari Nichaldas Jeswani and
Mr. Vinod Premchand Chandwani registered at the office of Sub-
Registrar Haveli No. 5 at Serial No. 1881/2007
21. Registration Receipt dated 28.02.2007 bearing No. 1901/2007
22. Development Agreement dated 28.02.2007 executed by and
between Shri. Kisan Sakharam Landge as the Owner and M/s.
Nirmal Developers through its partners Shri. Mangilal Magnaji
Chaudhary and 5 others as the Consenting Party No. 1 and Shri.
Rajendra Kisan Ladge and 4 others as the Consenting Party No. 2
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and M/s. S.G.K. Developers through its partner Mr. Hari Nichaldas
Jeswani and Mr. Vinod Premchand Chandwani as the Developers
registered at the office of Sub-Registrar Haveli No. 5 at Serial No.
1880/2007
23. Registration Receipt dated 28.02.2007 bearing No. 1900/2007
24. Index-II
25. General Power of Attorney dated 28.02.2007 executed by Shri.
Kisan Sakharam Landge and 5 others in favour of M/s. S.G.K.
Developers through its partner Mr. Hari Nichaldas Jeswani and
Mr. Vinod Premchand Chandwani registered at the office of Sub-
Registrar Haveli No. 5 at Serial No. 1882/2007
26. Registration Receipt dated 28.02.2007 bearing No. 1902/2007
27. General Power of Attorney dated 28.02.2007 executed by Shri.
Kisan Sakharam Landge and 5 others in favour of M/s. S.G.K.
Developers through its partner Mr. Hari Nichaldas Jeswani and
Mr. Vinod Premchand Chandwani registered at the office of Sub-
Registrar Haveli No. 5 at Serial No. 1883/2007
28. Registration Receipt dated 28.02.2007 bearing No. 1903/2007
5. Tracing Title :
a. Whereas, that the landed property i.e. Bulk land No. 20 of Sector No. 6,
situated at Village –Moshi, Taluka – Haveli, District - Pune & within the
local limits of Pimpri Chinchwad Muncipal Corporation is owned by
Pimpri Chinchwad New Town Development Authority. Air Force Naval
Housing Board a society registered under the Societies Registration Act,
1860 having it’s registered office at Air Force Station, Race Course, New
Delhi 110 003 interested in purchasing the land for building residential
complex for it’s employees, approached PCNTDA for getting the land on
lease basis. PCNTDA and the society executed Agreement to Lease on
05.07.2000 for a land of 20028.5 Sq. Mtrs. The said document is
registered at the office of Sub-Registrar, Haveli No. V at serial No.
5473/2000.
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b. And whereas, subsequent to getting the land on lease, Air Force Naval
Housing Board were permitted to construct the building on the said
land. PCNTDA issued the permission and commencement certificate
dated 20.07.2000 bearing No. 4887.
c. And whereas, it is seen further that Air Force Naval Housing Board
developed and constructed 7 buildings each comprising ground + 3
Floors having total built up area of 1517.87 Sq. Mtrs. ie. 16338.35 Sq.
Fts. each together with terraces of 424.24 Sq. Mtrs. ie. 4566.52 Sq. Fts.
each and parking spaces under the stilt and One Building comprising
ground plus three floors having total built up area of 1109.05 Sq. Mtrs or
thereabout i.e. 11938.81 Sq. Fts. each together with terraces of 266.12
Sq. Mtrs. i.e. 2864.51 Sq. Fts. each and parking spaces under the stilt.
The building were completed in all respect and PCNTDA issued the
Completion certificate vide it’s letter bearing No. DA/26/6/BL20/1405
dated 28.02.2003. The Deed of Declaration has been duly executed and
registered on 15.12.2003 at the office of Sub-Registrar, Haveli No. 5 at
serial No. 8589/2003.
d. And whereas, in pursuance of the permission obtained from PCNTDA
under letter No. 8535 dated 03.11.2006, Air Force Naval Housing Board
developed the land on it’s own cost by constructing thereon three
buildings each comprising of Ground + 3 Floors having total built up area
of 1517.87 Sq.Mtrs. or thereabout i.e. 16338.35 Sq. Fts. each together
with terraces of 424.24 Sq. Mtrs. i.e. 4566.52 Sq. Fts. each and parking
spaces thereunder stilts collectively known as JAL VAYU VIHAR
GREENLANDS.
e. And whereas, the said above mentioned buildings are completed in all
respects and PCNTDA has issued Part Completion Certificate on
15.01.2003 bearing No. DA/26/6/BL20/1405.
f. And whereas, Air Force Naval Housing Board at the request of the
applicant i.e. Mr. Ashutosh Ramdeo Chaudhary issued Allotment Letter
dated Aug., 2001 bearing No. AFNHB/ADM/PUA 0152 mentioning
therein terms and conditions of the allotment and mentioning therein.
Mr. Ashutosh Ramdeo Chaudhary & Mrs. Siddheshwari Ashutosh
Chaudhary were allotted Unit / Flat No. 10, in Building A-4 admeasuring
about 117.21 Sq. Mtrs. i.e. 1261.65 Sq. Fts. situated on second floor
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along with the parking space under the stilt bearing No. 5 admeasuring
8.76 Sq. Mtrs. i.e. 94.26 Sq. Fts. along with the undivided percentage of
share in the land, the common area and the common facilities for the
consideration amount of Rs. 9,82,000/-.
g. And whereas, as it was contemplated by the Air Force Naval Housing
Board that the said land along with all the building standing thereon and
known as JAL VAYU VIHAR GREENLANDS would be submitted to
Maharshtra Apartments Ownership Act, 1970 and the rules made
thereunder and the Deed of Apartment in respect of the different units
in the buildings would be executed separately.
h. And whereas, Air Force Naval Housing Board , through it’s Power of
Attorney Mr. Santosh Darandale executed Deed of Apartment in respect
of the Residential Accommodation/ Apartment No. 10 Second Floor,
Building No. “A-4” in “JAL VAYU VIHAR GREENLANDS APARTMENT” in
favour of Mr. Ashutosh Chaudhary and Mrs. Siddheshwari Ashutosh
Chaudhary which is duly registered in the office of the Sub-Registrar,
Haveli No. 5 at serial No. 6798/2004 dated 24.07.2004. Entire
consideration amount of Rs. 9,82,000/- was paid and the possession of
the flat / unit was handed over to Mr. Ashutosh Chaudhary and Mrs.
Siddheshwari Ashutosh Chaudhary vide Letter for clearance and
possession dated 26.03.2003 bearing No. AFNHB/ADM/PUA 0152
through authorised representative Mr. Sudhir Rangarao Nadgauda.
i. And whereas, Pimpri Chinchwad Municipal Corporation has assigned
property No. 12/04/00437.00 to the said residential unit. Mr. Ashutosh
Chaudhary and Mrs. Siddheshwari Ashutosh Chaudhary used to reside
there along with the family and regularly paid annual property tax and
monthly MSEDCL bills. Their title to the said flat was clear, clean,
marketable and free from any encumbrance as the loan availed by the
owners stands repaid/ cleared.
i. And whereas, Mr. Amit Nitin Gandhi interested in purchasing the said
Flat & Mr. Ashutosh Chaudhary and Mrs. Siddheshwari Ashutosh
Chaudhary intending to dispose of the same approached each other and
after satisfying about the title and other amenities decided to purchase
the Flat under reference. N. O. C. and no dues certificate dated
01.07.2019 is issued by the society while N. O. C. for transferring the
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dwelling Unit in the name of Mr. Amit Nitin Gandhi has been issued by
Air Force Naval Housing Board. The transaction is put through Deed of
Apartment dated 15.10.2019, Mr. Amit Nitin Gandhi as the Purchaser
while Mr. Ashutosh Chaudhary and Mrs. Siddheshwari Ashutosh
Chaudhary as the Vendors. The said deed is registered at the office of
sub-Registrar, Haveli No. 5 at serial No. 7336/2019. Entire consideration
amount of Rs. 61,00,000/- since stands paid to the vendors.
j. And whereas, name of Mr. Amit Nitin Gandhi has been duly recorded as
the owner on Index II of the flat property. He has been residing there
and occupying the flat. His title to the said flat is clear, clean, marketable
and free from encumbrance which he can assign to any third party.
I have caused to take the search from the site www.
Igrmaharashtra.gov.co.in for 13 years i.e from 2009 to 2021 from the
available records by paying search fees of Rs. 325/-.The receipt/challan
No.MH012849382201920E dated 03.03.2020 is enclosed.
6. Encumbrance :
I have perused the documents. I have not come across any entry
showing the encumbrance on the said flat property. Hence the title of
the present owners is clear, clean, marketable and free from any
encumbrance.
7. Application of Ceiling Act :
Application of Urban Land (Ceiling and Regulation) Act, 1976, (Now
repealed by state of Maharashtra on 29.11.2007) are not applicable to
the said property.
8. Document to be collected / Kept on record:
I am of the opinion that the following documents are required to be
collected for creation of Registered Mortgage / Equitable Mortgage for:
1. Original Assignment Deed dated 16.08.2012 executed by and
between Mr. Rajendra Ramkrishna Patil and Mrs. Hemangi Rajendra
Patil as the Vendors & Mr. Yunus Noormohammad Shaikh and Mr.
Imran Yunus Shaikh as the Purchasers, registered at the office of
Haveli No. 18 at serial No. 7906/2012.
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2. Original Registration Receipt dated 16.08.2012 bearing No.
8072/2012
3. Original Index II.
4. Completion Certificate dated 08.12.2008 bearing No.
Kra./VIPRA/26/7/85 (Pai)/7400
5. Society Registration Certificate dated 07.05.2009 bearing No.
PNA/PNA-(3)/HSG/(TC)/9673/09
6. Share Certificate in the name of Mr. Rajendra Ramkrishna Patil and
Mrs. Hemangi Rajendra Patil bearing No. 6 to 10
7. Commencement Certificate dated 29.03.2007 bearing No. Kra.
VIPRA/26/07/85/(Part)/2177
8. Articles of Agreement 09.01.2009 executed by and between M/s.
S.G.K. Developers or (Satgurukrupa Developers) through its partner
Mr. Hari Nichaldas Jeswani as the Promoter/Developer and Mr. Kisan
Sakharam Landge through his Power of Attorney Holder M/s. S.G.K.
Developers or Satgurukrupa Developers) through its partner Mr. Hari
Nichaldas Jeswani as the Consenting Party and Mr. Rajendra
Ramkrishna Patil and Mrs. Hemangi Rajendra Patil as the Purchasers
registered at the office of Sub-Registrar Haveli No. 18 at Serial No.
78/2009
9. Registration Receipt dated 09.01.2009 bearing No. 79/2009
10.Index-II
11.Deed of Further Charge of Mortgage dated 12.11.2013 executed by
and between Mr. Imran Yunus Shaikh Mr. Yunus Noormohammad
Shaikh as the Mortgagors and Punjab & Sind Bank Chinchwad
Branch through its Authorized officer Ranjana Jijaram Tatle as the
Mortgagee registered at the office of Sub-Registrar Haveli No. 14 at
Serial No. 8532/2013
12.Registration Receipt dated 12.11.2013 bearing No. 9005/2013
13.Index-II
14.No Objection Certificate from PCNTDA
15.Allotment Certificate dated 30.05.2002 bearing No. DA/LS/RS/5443
issued by PCNTDA
16.Deed of Lease dated 10.05.2002 executed by and between Pimpri
Chinchwad New Town Development Authority (PCNTDA) as the
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Lessor and Shri. Kisan Sakharam Ladge as the Lessee registered at the
office of Sub-Registrar Haveli No. 5 at Serial No. 2504/2002
17.Index-II
18.Map and Possession Receipt dated 10.08.2001 issued by PCNTDA
19.N.A. Order dated 11.06.2007 bearing PRH/NA/SR/264/2007
20.Irrevocable Power of Attorney dated 28.02.2007 executed by Shri.
Kisan Sakharam Landge and 5 others in favour of M/s. S.G.K.
Developers through its partner Mr. Hari Nichaldas Jeswani and Mr.
Vinod Premchand Chandwani registered at the office of Sub-Registrar
Haveli No. 5 at Serial No. 1881/2007
21.Registration Receipt dated 28.02.2007 bearing No. 1901/2007
22.Development Agreement dated 28.02.2007 executed by and
between Shri. Kisan Sakharam Landge as the Owner and M/s. Nirmal
Developers through its partners Shri. Mangilal Magnaji Chaudhary
and 5 others as the Consenting Party No. 1 and Shri. Rajendra Kisan
Ladge and 4 others as the Consenting Party No. 2 and M/s. S.G.K.
Developers through its partner Mr. Hari Nichaldas Jeswani and Mr.
Vinod Premchand Chandwani as the Developers registered at the
office of Sub-Registrar Haveli No. 5 at Serial No. 1880/2007
23.Registration Receipt dated 28.02.2007 bearing No. 1900/2007
24.Index-II
25.General Power of Attorney dated 28.02.2007 executed by Shri. Kisan
Sakharam Landge and 5 others in favour of M/s. S.G.K. Developers
through its partner Mr. Hari Nichaldas Jeswani and Mr. Vinod
Premchand Chandwani registered at the office of Sub-Registrar Haveli
No. 5 at Serial No. 1882/2007
26.Registration Receipt dated 28.02.2007 bearing No. 1902/2007
27.General Power of Attorney dated 28.02.2007 executed by Shri. Kisan
Sakharam Landge and 5 others in favour of M/s. S.G.K. Developers
through its partner Mr. Hari Nichaldas Jeswani and Mr. Vinod
Premchand Chandwani registered at the office of Sub-Registrar Haveli
No. 5 at Serial No. 1883/2007
28.Registration Receipt dated 28.02.2007 bearing No. 1903/2007
29.Approved Plan
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9. Final Certificate :
I am of the opinion that said property is exclusively owned by Mr. Yunus
Noormohammad Shaikh and Mr. Imran Yunus Shaikh are the exclusive
owners now and has taken possession of the said Flat. His title to the
said flat is absolute, clear and marketable & free from any encumbrance.
However
I have prepared this report on the basis of information and Xerox
copies of the documents provided to me by the owners.
Encl: Challan:
No.MH012849382201920E ( Adv.R. K. Shinde )
