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D Basavaiah

Legal Opinion
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0% found this document useful (0 votes)
72 views12 pages

D Basavaiah

Legal Opinion
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Page 1 of 12 MV P SANKARA RAO, M.Com., L.L.B., Advocate Phone: 9441833448 #5-41, Janardhanapuram(V), Nandivada Mandal, Krishna District -521321. ANNEXURE ~1 To The Branch Manager, Canara Bank, Kanumolu Branch, Krishna District. lam submitting herewith LSR of the Mortgagor Sri Dutfa Basavaiah, S/o. Ramakrishna in two sets of originals pertaining to the schedule property. HEDULE PR RS. No. Extent Location Ac. 0.22 % cents or Bapulapadu village and R.S. No. 39/2 | 1089.2sq. yards of vacant Mandal, site with R.C.C. Building, Kanumolu SRO, Door No. 1-36 Krishna district. Boundaries: 1 East South West North Remaining land | Land of Dutta Land of Donka of vendor in this Sitaram Pushadapu number Venkateswarlu KARIN fe Sas fa:/ daha Gudivada \ Dt: 19.12.2023 Signatur ag Advocate. ANNEXURE — It CHECK LIST FOR THE GUIDANCE OF THE ADVOCATES FOR SUBMISSION OF LEGAL SCRUTINY REPORT Page 2 of 12 SILNO- Particulars Remarks Ve Nature of Tile Full Ownership (Ownership/Leasehold/Occupancy/Gov!. Grant fights in favour of allotment etc.) mortgagor [2 [ifleasehoid, Whether Not applicable a) Lease deed is duly stamped and registered b) Lease is permitted to mortgage the Leasehold right ¢) Duration of the Lease/unexpired period of lease. d) Ifa sub-lease, check the lease deed in favour of Lessee as to whether lease deed permits sub-leasing and mortgage by sub-lessee also. 3. [If Govt. grant/allotment/Lease-cum-Sale agreement, | Not applicable whether: @) Grant/agreement etc., provides for alienable tights to the mortgagor with or without conditions. b) The mortgagor is competent to create charge on such property. 4, | if Occupancy tight, whether No occupancy a) Such right is heritable and transferable rights b) Mortgage can be created 3. [a] Whether provisions of Urban Land Ceiing Not applicable Act applicabie/permission obtained. | b) Whether NOC under Income Tax Act is Not applicable | required/ obtained. | ¢) _ arecords with the Registrar of Yes Assurances verified (if applicable). 6. | Whether there are claims from Minor/s and his / their No interest in the property/ies. Specify the share of minor [swith name. 7. [In case of Agricultural land, the position regarding | Not applicable creation and enforceability with regard to local laws 8. In case of conversion of Agricultural land for commercial | Not applicable purpose, whether requisite procedure../ peririssions complied with / obtained. is 9. |) Incase of parifion/settiement deeds, whether __| Not applicable origincl deed is available fer deposit. If not the modality/procedure to be followed to create a valid mortgage. b) Whether mutation has been effected and the mortgagor is in possession and enjoyment of this share. c)_Whether the partition is valid in law? 10. |) In case of partnership firm, whether the property | Not applicable belongs to the firm and registered. b) Whether the person/s creating the mortgage has / have the authority to execute on behalf of the firm. in case of Limited Companies, verify the borrowing | Not applicable Power Resolution, cuthority to creaie morigage/ execution of documents, any prior charges will. ROC, MOA/AOA, provision: for commen seal efc Page 3 of 12, 12, Tin case of Societies / Associations, verify requisite | Not applicable resolutions, bye laws, powers to borrow, encumbrances etc. 13. In case of POA holder, verify the genuineness of POA | Not applicable and the extent of powers. Whether the POA is properly executed / stamped / authenticated / enforceable as per the Law of the place. 14, [If the property is a flat/apariment or residential 7] Residential commercial complex, verify Building ) Promoter's/Land owner's ftle to the land / building. - b) Whether the flats are developed by the Land Folowgership) ower or consiructed onjoint development Not applicable ¢) Development agreement / POA F d) Extent of Authority of the Developer / Builder Not applicable e) Whether the construction is approved by the Not applicable competent authority? Yes, approved f) independent title verification of the land or plan produced building in question. Not applicable 9) Agreement of sale (duly registered) h)_ Whether it is a second/subsequent sale? Registered ’) Payment of proper stamp duty. Second sale 3) Conveyance in favour of he Society / Yes ‘ondominium concemed. : K) Occupaney certificate / allotment letter / Nol Gpepesbie letter of possession Not applicable |) Membership details in the Society etc. F m) Share certificates Not applicable n) NOC from the Society Not applicable 0) Latest maintenance charges paid receipt from Not applicable Society. Not applicable P) Whether proportionate share in land is transferred to the mortgagor? Not applicable q) Documents evidencing possession such as Telephone Bil, Electricity Bill, Tax paid Hous tox receipts etc. : 1) Other legal requirements under the local / WeCePL municipal laws with regard to ownership of submitted flats/ apartments / building regulations, ; Society laws etc. Not applicable 15. [In case of joint family property and mortgage created | Not applicable for family benefit / legal necessity, verify whether major co-parceners have no objection, joined in execution, rights of female members, minor's shares etc. 16. | Genealogical tree is to be drawn up wherever the litle | Not applicable has been acquired by succession. 17. | Pending litigations / court attachments / injunction 7 No stay order / acquisition by the Govt. / Local authorities etc. ifany. 18. [Any other matters affecting the | Existing loan with this bank and Proposed creation of mortgage not | also other encumbrances in the covered elsewhere. Page 4 of 12 MV P SANKARA RAO, M.Com. L.L.B.,, Advocate Phone: 9441833448, #5-41, Janardhanapuram(V), Nandivada Mandal, Krishna District -521321. ANNEXURE ~ III CERTIFICATE Inspection / verification of Records of landed property at Sub-Registrar's Office, Kanumolu The Branch Manager, Canara Bank, Kanumolu Branch Krishna District, Dear Sir, Sub: - Verification of records of landed property at Registrar / Sub-registrar's Office, Kanumolu. This is to confirm that | have visited the Sub-registrar's Office at Kanumolu on 13.12.2023 (Receipt No. 11437/2023) and verified the Details of the property standing in the name Sri Dutta Basavaiah, S/o. Ramakrishna. The property details are as under R.S.No. Extent Location ‘Ac0.22 % cents or Bapulapadu village and Mandal, R.S. No. 39/24 | 1089.2 sq. yards of vacant Kanumolu SRO, site with R.C.C. Building, Krishna district. Door No. 1-36 Boundaries: East South West North Remaining land | Land of Dutta Land of Donka of vendor in this Sitaram Pushadapu umber Venkateswarlu 1 That | have verified the certified copy of material title deeds, from the Office of Registrar/Sub Registrar and confirm that the original deed available with the bank is/are genuine. Page 5 of 12 2 That there are prior charges over the said property and Mortgagor is the absolute owner of property as per the records available and verified by me in the Sub-registrar's Office, Kanumolu. OR 3. That as per the records available at Registrar/Sub-Regisirar's Office, the property is mortgaged/charged to Canara Bank, Kanumolu Branch under one MOTD and also the vendor of the morigagor mortgaged property in favour of Bapulapadu PACS, Date of Description of In whose favour Amount Document the Document mentioned in the Document MOTD executed by the mortgagor in favour of 04.09.2017 (2240/2017 Canara Bank, Kanumolu Rs.40,00,000/- Branch 4. | have verified the general register/ Court register maintained at SRO and Confirm that the above property does not come under prohibited list. Gudivada Dt: 19.12.2023 ANNEXURE = IV A. Description of the documents scrutinized: Page 6 of 12 SI. | Date & No. | Description of the document cae, No of Certied/: Document = 1 | 05.07.2008 | Regd. Sale deed in favour of morlgagor Dutta| Xerox 1317/2008 | Basavaiah executed by Adapa Satyanarayana| copy Murthy 2 | 23.04.1992 |Regd. Parlition Deed executed in belween| Xerox 422/1992 | Adapa Narayana swamy and his brother Adapa | copy of Satyanarayana Murthy Regn. Extract 3 | 20.08.1984 Regd. Adoption deed executed in between (1) | Xerox 12/1984 | Adapa Narayan swamy and his wife (2) Lakshmi | copy of Kanthamma and (3) Dutta Ramakrishna and his| Regn. wife (4) Lakshmidevi Extract 4 [14.06.2017 | Adangal/Pahani issued by the Tahsildar, | Xerox Bapulapadu Mandalam copy 5 | 30.09.2016 | Proceedings along with approved plan issued by| Xerox the Panchayat Secretary, Bapulapadu Grama| copy Panchayati in favour of mortgagor. 6 | 13.12.2023 | House Tax Receipt for the financial year 2022-23 | Original in the name of mortgagor Dutta Basavaich. 7 | 04.09.2017 | Regd. Memorandum of Deposit of Title Deed in| Xerox 2240/2017 | favour of the Syndicate Bank, Kanumolu Branch | copy executed by the Mortgagor Duta Basavaiah and his son Ramakrishna 8 | 13.12.2012 | Declaration issued by the Panchayat Secretary, | Original Bapulapadu Gram Panchayati in favour of the mortgagor Dutta Basavaiah 9 | 18.12.2023 | CERSAI Report Online cop) 10 | 13.12.2023 [Encumbrance Cerlificate issued by SRO| Original 70594120 | Kanumolu for the period of 29 years from 01.01.1994 to 12.12.2023 11 | 13.12.2023 | Search Receipt No. 11437/2023 issued by the | Original S.R.0. Kanumolv 12 | 13.12.2023 | Certified copy of Regd. Sale deed 1317/2008] Read. obtained in C. No. 1707/2023 from SRO| Extract Kanumolu. ANNEXURE - IV (B; RS. No. Extent Location ‘Ac 0.22 %4 cents or Bapulapadu village and Mandal, RS. No. 39/2A | 1089.2 sq. yards of vacant Kanumolu SRO, site with R.C.C. Building krishna district. Door No. 1-36 Page 7 of 12 Boundaries: East South West North Remaining land | Land of Dutta Land of Donka of vendor in this Sitaram Pushadapu umber Venkateswarlu Document No.1; The mortgagor Dutta Basavaiah, $/o. Ramakrishna purchased the schedule site i.e., an extent of Ac.0.22 '4 cents or 0.091 Hectares or 1089.2 sq. yards of site under a Registered Sale deed dt.05.07.2008 (1317/2008) from Adapa Satyanarayana Murthy adopted Son of Late Narayanaswamy for a valuable consideration of Rs.45,000/-. The entire sale consideration was paid at the fime of execution of sale deed and possession was delivered on the date of execution of the sale deed with absolute rights. A perusal of this document further shows that the vendor got the schedule site under serial document Nos. 2 fully discussed below and he was having possession and enjoyment of the said property with absolute rights fill it was told to the mortgagor Dutta Basavaiah, S/o. Ramakrishna. Subsequently the mortgagor obtained building plan on 30.09.2016 from Bapulapadu Village Panchayath for construction of Ground floor building in the schedule site and constructed it. Thus, by virtue of this document mortgagor Dutta Basavaiah acquired title, possession and enjoyment of schedule property fully described above with absolute rights. Document No. 2: The Regd. Partition deed dated 23.04.1992 (422/1992) executed in between Adapa Narayanaswamy S/o Venkata Chalam and ‘Adapa Satyanarayana Murthy, adopted son of Narayanaswamy. A perusal of this document shows that the executants partitioned their ancestral properties by executing this document. As per the recitals of this document Adapa Satyanarayana Murthy got an extent of Ac.4.52 cents in R.S.No.39/2A and an extent of Ac. 2.48 cents in R.S.No.38/2 Le., a total extent of Ac. 7.00 cents which was mentioned as ‘B' schedule in this document. Thus, by virtue of this document Adapa Satyanarayana Murthy acquired title, possession and enjoyment of an extent of Ac. 7.00 cents including above mentioned schedule site with absolute rights. Document No. 3: is the Regd. Adoption deed dt. 20.08.1984 (12/1984) executed in between (1) Adapa Narayanaswamy and his wife (2) Lakshmi Kanthamma and (3) Dutta Ramakrishna and his wife (4) Lakshmidevi. A perusal of this document shows that Adapa Narayanaswamy and his wife Lakshmi Page 8 of 12 Kanthamma have no issues. They requested Dutta Ramakrishna and his wife Lakshmidevi to adopt their second son Satyanarayana Murthy to them. As per their request Dutta Ramakrishna and his wife Lakshmidevi agreed to adopt their second son to Adapa Narayanaswamy and his wife Lokshmi Kanthomma and adopted him by executing this adoption deed, from the date of adoption the said Dutta Satyanorayana Murthy will be considered as Adapa Satyanarayana Murthy. Document No. 4: is the Adangal/Pahani dated 14.08.2017 issued by Tahsildar, Bapulapady Mandal. A perusal of this document shows that Adapa Satyanarayana Murthy S/o Narayanaswamy is in possession and enjoyment of Ac. 4.52 cents in R.S.No.39/2A of Bapulapadu Village. Document No.5: is the approved building plan along with proceedings .30.09.2016 issued by the Panchayath Secretary, Bapulapadu Grama Panchayati under proceedings R.C. No. 68(13)/2016 in favour of Dutta Basavaiah. A perusal of this document shows that the Bapulapadu Grama Panchayath gave permission to the mortgagor to construct RCC roof building in the above scheduled site as per the conditions mentioned in the proceedings. Document No. 6 is House Tax receipt dt. 13.12.2028 for the financial year 2022- 2023, vide Assessment No. 36 and Door No. 1-36 issued by Panchayat Secretary, Bapulapadu Grama Panchayath in favour of mortgagor Dutta Basavaiah. A perusal of this document shows that the mortgagor paid an amount of Rs. 6,434/- towards house Tax, vide receipt No. 31631 for the property fully described above. Document No.7 is the Regd. Memorandum of Deposit Title Deed dated 04.09.2017 (2240/2017) executed by the mortgagor Dutta Basavaiah S/o Ramakrishna and his son Dutta Ramakrishna in favour of Syndicate Bank Kanumolu Branch. A perusal of this document shows that the mortgagor obtained a loan of Rs.40,00,000/- from the Syndicate Bank Kanumolu Branch by depositing the Title Deeds of the property fully described above with the Bank. Document No. 8 is the Declaration dated 13.12.2023 issued by the Panchayat Secretary Bapulapadu Grama Panchayathi in favour of mortgagor Dutta Basavaiah. A perusal of this document shows that the mortgagor is having a Page 9 of 12 Assessment No. 36 and Door No. 1-36 in R.S. No. 39/2A of Bapulapadu village. It further shows that the mortgagor paid house tax for the property fully described above to the Bapulapadu Grama Panchayathi up to the year 2022-2023 and he has no dues to the Grama Panchayathi and the land doesn't belong to the Government. Document No.9 is the online extract from the site of Cersai Dt. 18.12.2023, as per the Cersai report, the property fully described above is mortgaged with Canara Bank, Kanumolu branch in the existing bank loan. There is 1 (One) MOTD with the bank ie., Canara Bank, Kanumolu branch. Document No. 10s the Encumbrance certificate dated 13.12.2023 issued by the S.R.0. Kanumolu for 29 years period ie., from 01.01.1994 to 12.12.2023 for the property fully described above. A perusal of this document shows that there is ‘one mortgage transaction (entry No, 31) executed by the mortgagor in favour of Syndicate Bank, Kanumolu branch in respect of the existing/previous loan fransaction and it was not discharged. Out of 44 transactions, the transaction No. $ 31,34,35,36,40,42 and 43 belongs to this property. There are some other encumbrances can be seen in entry No. 34,35,40,42 and 43 these are loan transaction by executing mortgage deed by the vendor of the mortgagor Le., Adapa Satyanarayana Murthy in favour of Bapulapadu PACS. Therefore, the property fully described above having encumbrances as stated supra. A perusal of the above documents clearly shows that the Mortgagor Sri Dutta Basavaiah, S/o. Ramakrishna acquired title, possession and enjoyment of the property fully described above with absolute rights subject to discharge of existing Bank loan with the bank Canara Bank, Kanumolu branch and other mortgage entries in favour of Bapulapadu PACS. F. The Mortgagor Sri Dutta Basavaiah, S/o. Ramakrishna produced all the documents mentioned in para-A for creation of valid and enforceable mortgage by depositing the said documents to creating the equitable mortgage to the bank. Page 10 of 12 ERTIFICATI This is to Certify that the mortgagor Sti Dutta Basavaiah, S/o. Ramakrishna has got a clear, clean, free, valid, absolute and marketable and unimpeachable fitle over the property fully described above, coupled with possession subject to the discharge of the existing loan with the Bank and other mortgage entrles in favour of Bapulapadu PACS. Therefore, he can create an equitable mortgage over the same by depositing the above-mentioned documents and if such a mortgage is created as prescribed under law it will be available to the Bank with the liability of the intending borrower. wor PANEL Be # oa Page 11 of 12 ANNEXURE - IV ~ F To, The Chief Manager, Canara Bank, Kanumolu Branch. Sub: - In the LSR Proposal of Sri Dutta Basavaiah, S/o. Ramakrishna — Regarding. As per your oral instructions, | have prepared the legal opinion enclosed hereto and | have gone through the title deeds and voucher documents of Sri Dutta Basavaiah, S/o. Ramakrishna. | have detailed hereunder the documents that | have scrutinized in respect of the property which are intended to be deposited relating to the property offered as security by way of EQUITABLE MORTGAGE and that the documents of title referred hereunder offers as perfect evidence of title for the loan proposed to be sanctioned favouring Sri Dutta Basavaiah, S/o. Ramakrishna and that if the said documents of title are deposited in respect of the schedule property detailed hereunder in the manner required by Law, it will satisfy the requirements of creation of EQUITBLE MORTGAGE. The following documents may be obtained from the proposed loanee/Mortgagor against the schedule property. IMI SL_| Date & No. of No. | Document Waster aga ion of the document Sel 1 | 05.07.2008 | Regd. Sale deed in favour of mortgagor Dutta | Xerox copy 1317/2008 | Basavaiah executed by Adapa Satyanarayana Murthy 2 | 23.04.1992 |Regd. Partition Deed executed in between | Xerox copy 422/1992 | Adapa Narayana swamy and his brother) of Regn. Adapa Satyanarayana Murthy Extract 3 | 20.08.1984 | Regd. Adoption deed executed in between (1) | Xerox copy 12/1984 | Adapa Narayan swamy and his wife (2) Lakshmi} of Regn. Kanthamma and (3) Dutta Ramakrishna and his | Extract wife (4) Lakshmidevi | 4 | 14.06.2017 | Adangal/Pahani issued by the Tahsildar, | Xerox copy Bapulapadu Mandalam. 5 | 30.09.2016 | Proceedings along with approved plan issued | Xerox copy by the Panchayat Secretary, Bapulapadu | Grama Panchayati in favour of mortgagor. l 6 | 13.12.2023 | House Tax Receipt for the financial year 2022-23 | Original in the name of mortgagor Dutta Basavaich 7 | 04.09.2017 | Regd. Memorandum of Deposit of Tifle Deed in| Xerox copy 2240/2017 | favour of the Syndicate Bank, Kanumolu Branch executed by the Mortgagor Duta Basavaiah and his son Ramakrishna. 8 | 13.12.2012 | Declaration issued by the Panchayat Secretary, | Original Bapulapadu Gram Panchayati in favour of the mortgagor Dutta Basavaiah 9 | 18.12.2023 | CERSAI Report Online cop) 10 | 13.12.2023 | Encumbrance Certificate issued by SRO| Original 70594120 | Kanumolu for the period of 29 years from 01.01.1994 to 12.12.2023 Gudivada, if Dt. 19.12.2023 Signaturé-of tl Page 12 of 12 CERTIFICATE TO BE ISSUED BY THE ADVOCATE WH INISED TI JOCUMENT:! | have gone through the original title deeds Intended to be deposited relating to the property and offered as security by way of simple/equitable Morigage and that the documents of title refered to above are perfect evidence of title and that if the said simple/equitable mortgage Is created are deposited in the manner required by law it will satisfy the requirements of creation of simple/equitable mortgage and | further cerfify that: 1. | have made a search in the land/revenue records and do not find any aces features which would prevent the title holders from creating a valid mortgage. 2. |have visited the Registrar/ Sub Registrar's Office Kanumolu on 13.12.2023 and verified the records/ details of the property belonging to Srl/Smt/M/s. Sri Dutta Basavaiah, S/o. Ramakrishna and confirm that the schedule property is not under prohibited list. | have also verified the same through IGRS-AP (registration.ap.Gov.in) website. 3. There are prior mortgages/charges whatsoever as could be seen from the encumbrance certificate for the period from 01.01.1994 to 12.12.2023 pertaining to the immovable property/les Covered by the above said title deeds. As such, the property is having encumbrances. 4, There are_ prior mortgages/charges to the extent of which is liable to be cleared or satisfied by complying with the following: Bank is advised fo consider the existing loan with this bank, while sanctioning next loan. Bank is further advised to obtain discharge receipts in respect of loans availed in Bapulapadu PACS by the vendor of the mortgagor i.e., Adapa Satyanarayana Murthy (as per EC. statement). 5. There are claims form minor/s and his/ their interest in the property/ies is to the extent of (specify the share of the minor/s with name) - Not applicable 6. The undivided share of the minor/s is (whether there is a claim or not) (specify the share of minor/s) - Not applicable 7._The property/ies is /are subject to the payment of (specify the liability that is fastened or could be fastened on the property/ies) - Not applicable 8. Provisions of urban land ceiling Act are not applicable/ permission obtained - Not applicable 9. Holding/ acquisition is in accordance with the provisions of the land reforms Act - Not applicable 10. The mortgage if created will be available to the bank for the Liability of the intending borrower/s Sri Dutta Basavaiah, S/o. Ramakrishna. As per the Cersai report, the scheduled property is mortgaged with Canara Bank, Kanumolu branch. There is 1(One) MOTD with the bank ie., Canara Bank, Kanumolu branch | cerlify that Sti Dutta Basavaiah, S/o. Ramakti marketable title in the property/ies. ina.has a valid and se ail Gudivada, Dt. 19.12.2023

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