{(r( qr{fr Original/Duplicate ,13 October 201612:27 PM ffifr.:39rr Regn.:39M rl crrfrif.: 6075 frrifi' 13t10t2016 il il+: rier/ laws etc. al <\ 15 In case of joint family property Not applicable \*' and mortgage created for family benefit/ legal necessity verify whether major coparceners have no objection, joined in execution, rights of female members minor's share etc. 16 Genealogical tree is to be Land I Property in question drawn up, whether the title is purchased by the has been acquired by succession owner/ applicant and as such the same is his self acquired property as detailed in Para E of Annexure-IV. L7 Pending litigations/court No attachments / injunction / stay orders/acquisition by the Govt/ Local authorities etc., if any 1B Any other matters affecting No the proposed creation of mortgage not covered elsewhere BHANDARA ISHAM B. CHAVANI Date:- L4 / LO l2OL6 ADVOCATE SHAM B. CHAVAN ADVOCATE VAISHAU NAGAR, KHAT ROAD, BHANDARA / ANNEXURE III CERTIF'ICATE Inspectionf verification of records of landed property at office of sub Registrar, Bhandara. The Senior Manager/Manager, Canara Bank, Bhandara Branch. Dear sir, Subject :- Verification of records of landed property at the office of Sub Registrar, Bhandara. This is to assure that, I have visited the office of Sub Registrar at Bhandara on 1311012016 and verified the details of the property standing in the name of Smt. Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal, A11 R/o Ram Mandir Ward, Bhandara, Tahsil and District Bhandara. The description of the property is as under :- Survey No: City Sunrey No.3Ll9l2, area about 723.L5 Sq. Mtrs. i.e. 7784 Sq.Ft., over Sheet No.38, situated at Mouza Bhandara, Tahsil and District Bhandara, having the following '4\ boundaries: )"f 'J */ East :- 12 Feet Road West :- Bada Bazar Road North :- House of Late Purushottam Dalal South:- Road 1. That, I have verified the certified copies of materia-l title deed i.e. deed No ----- from the office of Registrar/Sub Registrar and confirm that, the original deed available with the Bank is genuine :- Not applicable. 2. That, there is no prior charge of Canara Bank itself over the above Plot. However,Smt. Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri vinay Laxman Dalal, All R/o Ram Mandir ward, Bhandara, Tahsil and District Bhandara ar.e the absolute owner of the said property as per the record available and verified by me in the office of Sub Registrar, Bhandara. 3. That, as per the records available at the office of Sub Registrar, the property is mortgagedlcharged to Date of Description of In whose Amt. mentioned in Document the Document favour the Document There is no prior charge of Canara Bank Br. Bhandara over the aforesaid land. 4.^ ISHAMB.CHAVANI BHANDARA Date:- 14 I lO l2016 ADVOCATE SHI\M B. CHAVAI\ ADVOCATE VAISHAU NAGAR, KHAT ROAD, BHANDARA 7 ANNEXURE IV LEGAL SCRUTINY REPORT Description of the documents scrutinized:- Sr. Date of Name of Document Whether No. Document original/ Certified/ True Photostat 1 3- 10,2016 Akhiv Patrika Certified 2 29-4-20t6 Construction Permission with Original Sanctioned Plan 3 2-2-2016 N.P. Tax Payment Receipt Orieinal 4 2-3-2016 Irrevocable General Power of Original Attornev 5 2-3-2016 Development Agreement Orisinal 6 13-10-2016 Search Receipt No.6075 Orieinal B. Description of property/properties: Item Gat Extent of Location Boundaries No. No. Area/s in Hectors I City Suwey About 723.I5 Bhandara E:-12 Feet Road No.sr /912, Sq. Mtrs. i.e. Tahsil and W:-Bada Bazar Road over Sheet 7784 Sq.Ft., District N:-House of Purushottam Dalal No.38 Bhandara S:- Road C. Tracing of party's title for the last 13/3O years. If connected title deeds reveal any circumstances or incidences, which necessitate further tracing of party's title, it shall also be done. Sub Registrar Bhandara for a period of 30 years i.e. from 1987 to 2O16 vide search receipt No.6O75, Dated 13-1O-2O16 of Rs.7SOl-. D. Encumbrance Certificate for a period of 13/30 years for all the items of properties subject to "C" above. E. Evidence of possession findings on documents & fevenue records. /q J/ '<\ NAHl279212000 IU -r 1. That, the land bearing City Sunrey No.31 19, area ,i! about 1536.30 Sq.Mtrs. over Sheet No.38, situated at Mouza anda9 Bhandara, Tahsil and District Bhandara was originally owned and possessed by Shri Purushottam Jagannath Dalal, Shri Laxman Jagannath Dalal & Kishnibai Jagannath Dalal, A11 R/o Bhandara. It was their ancestral property. They had partitioned the aforesaid property in the year L962 and City Sunrey No.31/9 (New No"3Ll9l2l, admeasuring 723.L5 Sq' Mtrs. had come in the share of Shri Laxman Jagannath Dalal. After the death of Shri Laxman Jagannath Dalal, his legal heirs viz. Smt. Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal have inherited the said property and accordingly their narnes were mutated in the Records of City Survey, Bhandara. It is pertinent to mention here that earlier the aforesaid land was Lovered und.er the Nazul land which was subsequently abolished by S.L.R. Bhandara vide Order No.757l2O1O, Dated t4-3-2oLL. 2. Now, Land owners viz. smt.Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri vinay Laxman Dalal wish to develop said city sur.No. 3Ll9l2, admeasuring about 72g.LS Sq.Mtrs. into a CommerciaU Residential Estate by constructing various Multistoried Buildings thereon, each consisting of various Shops and self contained separate Apartments therein. 3. That, the Developer i.e. shri vijay Yadavrao Nikhar & Ku. Shreya vijay Nikhar, Both Partners of M/s v.Y. Nikhar & Associates, having its Registered Office at Third Floor, Nikhar Bhawan, opp. Tukadoji Putla, Main Road, Bhandara, being interested in-undertaking the work of development and sale of the aforesaid property, had approached the Land- owners viz. Smt.Kamala Laxman Dalal, Shri suresh Laxman Dalal, shri Rajeev Laxman Dalal & shri vinay Laxman Dalal with a propor.t to undertake the development of the said property wittr the built up spaces thereon, as per the terms and conditions which may be agreed between them. 4. That, the said Land-owners having considered the genuineness of the proposal put-forth by the Developer, and on elaborate discussion and negotiation, the Land-owners have agreed. to entrust the said propert5r for Development and Sale to the DeveloPer. B 5.Accordingly,DevelopmentAgreement,Dt.2.S.2016 was executed betwiLn the Land-owners vLz. Smt.Kamala Laxman Dalal, shri suresh Laxman Dalal, shri Rajeev Laxman Dalal & shri Vinay Laxman Dalal, All R/ o Ram Mandir ward, Bhandara, Tahsil and District Bhandara and the Developer viz.Shri Vijay Yadavrao Nikhar & Ku.Shreya Vijay Nikhar, Both Partners of M/s v.Y.Nikhar & Associates, having its Registered Office at Third Floor, Nikhar Bhawan, Opp' Tukadoji Putla' Main Road, Bhandara, which was registered before the office of Sub Registrar Bhandara at Sr.No.9OTl2Ot6. 9 By aforesaid Development Agreement,Dt.2-B -2016, Land-owners viz. smt.Kamala Laxman Dalal, Shri suresh Laxman Dalal, shri Rajeev Laxman Dalal & shri vinay Laxman Dalal have vested all the powers in favour of the Developer 'viz.shri vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, Both Partners of M/s v.y.Nikhar & Associates for construction of Multi-storied Buildings over aforesaid city Sunrey No, 3tl9l2, admeasuring about zzg.ls sq.Mtrs., consisting of various shops and self contained separate Apartments therein and for entering into the Agreements to sell the Flats/shops to the intending purchasers as well as to execute the Registered sale-deeds of the said Flats/shops in favour of the said Purchasers, on behalf of the Land-owners. 7 . Land-owners viz. Smt.Kamala Laxman Dalal, Shri suresh Laxman Dalal, shri Rajeev Laxman Dalal & shri vinay Laxman Dalal, All R/o Ram Mandir ward, Bhandara, Tahsil and District Bhandara have also executed Irrevocable General Power of Attorney dated 2-g-2016 in favour of the Developer viz.shri vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, Both Partners of M/s v.Y.Nikhar & Associates, having its Registered office at Third Floor, Nikhar Bhawan, opp. T\rkadoji putla, Main Road, Bhandara, which was for a Development consideration of Rs.2,55,OO,OOO/-, which was registered before the Office of Sub Registrar Bhandara at Sr.No.9O6l2OL6. 8. That, the Land-owners viz. Smt.Kamala Laxman Dalal, shri suresh Laxman Dalal, shri Rajeev Laxman Datal & shri vinay Laxman Dalal have handed over possession of the aforesaid land bearing City Sunrey No. 31/9 12, admeasuring about 723.tr 5 Sq.Mtts., Sheet No.38, situated at Bhandara, within the limits of Nagar Parishad Bhandara, Tahsil and District Bhandara to the Developers/Builders viz. Shri Vijay I Yadavrao Nikhar & Ku.Shreya Vijay Nikhar, Both Partners of M/S V.Y.Nikhar & Associates, Bhandara. 9. That, in consideration of the Land-owners allowing the Developers to develop said property and the plots thereon, together \Mith undivided proportionate share and interest in the land as a whole or in parts, the Developers have agreed to pay to the Land-owners an amount of total consideration, payable to Smt.Kamala Laxman Dalal - Rs.45,OO,OOO/-, to Shri Suresh Laxman Dalal - Rs.TO,OO'OOO/-, to Shri Rajeev Laxman Dalal Rs.7O,OO ,OOO | - and to Shri Vinay Laxman Dalal r Rs'To,ooroool', thus total consideration of Rs.2,ss,oo,ooo/- in the manner appearing in the said Deveropment Agreement Dated 2-3-2Ot6 10. That, the Deveropers/Builders viz. shri vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, Both partners of Bhandara are intending to g over the aforesaid land City about 723.15 Sq.Mtrs., Sheet Chief Officer, Nagar parishad, Bhandara has also granted permission for i-n" p.opo""a construction on 29-4-2016 alongwith the sanctioned plan. The Land-owners have paid Nagar parishad Ta< vide Receipt dated 2-2-2ot6. Land Record -officer, Bhandara has also issued Akhiv Patrika, datedS-I O-ZOL6. 1 I 1. As such, Smt.Kamara Laxman Darar, shri suresh , Laxman Dalal, shri Rajeev Laxman Dalal & shri irirr.y Laxman Dalal, All R/o Bhandara are absolute owner of the aforesaid i property/plot and since the date of execution of Development Agreement,shri vijay yadavrao Nikhar & Ku.shreya vijay witn., Both Partners of M/s v.y.Nikhar & AssociatesrBhandara are in possession of the same. 12. Hence, in my opinion, aforesaid property can be legally mortgaged. Moreover, whatever tramsactions are made in between the Land-owners and the Developers, they are Legal, Valid and Enforceable bv Law. F. The documents to be deposited [original/ certified] for creation of valid and enforce ble *orig"ge and the persons who are required to create mortgagelto "p"tifi. dlposit documents creating the mortgage. Sr. Date of Name of Document Whether I No. Document 3-10-2016 original/ Certified/ True Photostat 1 Akhiv Patrika Certified 2 29-4-2016 Construction Permission with Original Sanctioned Plan 3 2-2-2076 N.P. Tax Payment Receipt Orisinal 4 2-3-2016 Irrevocable General Power of Original Attorney 5 2-3-20t6 Development Agreement Orieinal 6 13-10-2016 Search Receipt No.6075 Orieinal l2 c. certificate of the title should clearly disclose 1] whether the intending borrowe r /mortgagor I applicant has an absolute, clear & marketableiitle over the property proposed to be mortgaged. Yes 2l whether the intending borrower /mortgagor / applicant can execute valid equitabre mortgagi in favour of the bank. Yes 3l whether any of the property intended to be given by way of mortgage is subject any minor,s oi any other claims. No BHANDARA 4^^ ISHAM B. CHAVANI Date:- 14 / LO /2016 ADVOCATE *i r-i/1.i','l,*. L:l--ll\V,f i{\ ADVOCATE VAISHAU NAGAR, KI-IAT ROAD, BHAIYDARA CERTIFICATE OF ADVOCATE WHO SCRUTINISED THE DOCUMENTS I have gone through the documents produced by the Land-owners viz. Smt.Kamala Laxman Dalal, Shri Suresh an Dalal & Shri Vinay Laxman Developers/Builders viz. Shri .Shreya Vijay Nikhar, Both Partners of M/S V.Y.Nikhar & Associates, Bhandara, and other documents of revenue record by which it reveals that,the land bearing City Sunrey No.31/9, area about 1536.30 Sq.Mtrs. over Sheet No.38, situated at Mouza Bhandara, Tah'sil and District Bhandara was originally owned and possessed by Shri Purushottam Jagannath Dalal, Shri Laxman Jagannath Dalal & Kishnibai Jagannath Dalal, All R/ o Bhandara. It was their ancestral property. They had partitioned the aforesaid property in the year L962 and City Sunrey No.31/9 (New No.31/9 l2l, admeasuring 723.15 Sq. Mtrs. had come in the share of Shri Laxman Jagannath Dalal. After the death of Shri Laxman Jagannath Dalal, his legal heirs vLz. Smt. Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal have inherited the said property and accordingly their names were mutated in the Records of City Survey, Bhandara. It is pertinent to mention here that earlier the aforesaid land was covered under the Nazul land which was subsequently abolished by S.L.R. Bhandara vide Order No.757l2O1O, Dated L4-3-2OLL. Now, Land Owners viz. Smt.Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal wish to develop said City Sur.No. 3tl912, admeasuring about 72g.LS Sq.Mtrs. into a CommerciaU Residential Estate by constructing various Multistoried Buildings thereon, each consisting of various Shops and self contained separate Apartments therein. That, the Developer i.e. Shri Vijay Yadavrao Nikhar & Ku. Shreya Vijay Nikhar, Both Partners of M/S V.Y. Nikhar o, & Associates, having its Registered Office at Third Floor, E(,0 n *l Nikhar Bhawan, Opp. Tukadoji Putla, Main Road, Bhandara, \) being interested in undertaking the work of development and sale of the aforesaid property, had approached the Land- owners viz. Smt.Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal with a proposal to undertake the development of the said property with the built up spaces thereon, as per the terms and conditions which may be agreed between them. That, the said Land-owners having considered genuineness of the proposal put-forth by the the- oevetoper, on elaborate discussion and negotiatiJn, the Land_owners "',a have agreed to entrust the said property for Development and Sale to theDeveloper. Accordingly, Development Agreement, was executed between the Land-owrr.r" viz. Dt. 2-g-2't6 smt.Kamala Laxman Dalal, shri suresh Laxman Dalal, -shri Rajeev Laxman Dalal & shri vinay Laxman Daral, Ar R/o Ram Mandir ward, Bhandara, Tahsil and District Bhandara and the Developer viz.shri vijay yadavrao Nikhar & Ku.shreya vijay Nikhar, Both Associates, having its Registered Bhawan, Opp. Tukadoji putla, was registered before the Office of Sub Registrar Bhandara at Sr.No.g6zlZoto. By aforesaid Development Agreement,Dt.2 -g-2ot6, Land-owners viz. smt.Kamara t axman Dalar, shri Laxman Dalal, shri Rajeev Laxman Daral & shri vinay suresh Laxman Dalal have vested all the powers in favour of the Developer viz.shri vijay yadavrao Nikhar & Ku.shreya vijay Nikhar, Both Partners of M/s v.y.Nikhar & Associates for construction of Multi-storied Buildings over aforesaid city Sunrey No. 3tl9l2, admeasuring about zzg.ts Sq.Mtrs., consisting or ,o"riou, shops and self contained separate Apartments therein and for entering into the Agreements to sell the Flats/shops to the intending purchasers as well as to execute irr" Fegistered sale-deeds of the said Frats/shops in favour of the said Purchasers, on behalf of the Land-owners. Land-owners viz. Smt.Kamala Laxman Dalar, Shri suresh Laxman Dalal, shri Rajeev Laxman Dalal & shri vinay Laxman Dalal, All R/o Ram Mandir ward, Bhandara, Tahsil and District Bhandara have also executed Irrevocabre Generar Power of Attorney dated 2-g-2ot6 in favour of the Developer viz.shri vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, gotrr Partners of M/s v.y.Nikhar & Associates, having it" Registered office at Third Flo or, Nikhar Bhawan, opp. TtrkaEoji putTa, Main E *) Road, Bhandara, which was for a oevetopment consideration of Rs.2,55,oo,ooo/-, which was registered before the office of Sub Registrar Bhandara at Sr.No.9O6l2Ot6. That, the Land-owners viz. smt.Kamala Laxman Dalal, shri suresh Laxman Darar, shri Rajeev Laxman DataL & shri vinay Laxman Dalar have handed over possession of the aforesaid land bearing city sunrey No. 31/9 /2, admeasuring about 723.15 sq.Mtrs., sheet No.3g, situated at Bhandara, within the limits of Nagar parishad Bhand.ara, Tahsil and District Bhandara to the Developers/Builders viz. shri vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, Both partners of M/S V.Y.Nikhar & Associates, Bhandara. That, in consideration of the Land-owners allowing the Developers to develop said property and the plots thereon, together with undivided proportionate share arrd irrt"rest in the land as a whole or in parts, the Developers have agreed. to pay to the Land-owners an amount of total considiration, payable to smt.Kamala Laxman Dalal - Rs.4s,oo,ooo/-, to shri suresh Laxman Dalal - Rs.zo,oo,ooo/-, to Shri Rajeev Laxman Dalal Rs.7o,oo,oool - and to Shri vinay Laxman Dalal Rs.7o,oo'ooo/-, thus total consideration of Rs.2,5s,oo,ooo/- in the manner_ appearing in the said Development Agreement Dated 2-3-2016. That, the Developers/Builders iz. Shri Vijay Yadavrao Nikhar & Ku.shreya vijay Nikhar, Both partners of M/s v.Y.Nikhar & Associates, Bhandara are intending to construct a Multistoried Building over the aforesaid land -city sunrey No. 31/9l2,admeasuring about 22a.15 sq.Mtrs., Sheet No.38, situated at Bhandara. chief officer, Nagar parishad, Bhandara has also granted permission for trre proposed construction on 29-4-2oL6 alongwith the sanctioned plan. The Land-owners have paid Nagar parishad ra< vide Receipt dated 2-2-2016. Land Record officer, Bhandara has also issued Akhiv Patrika, dated3-l O-ZOL6. As such, Smt.Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Daral & shri vinay Laxman Dalal, All R/o Bhandara are absolute owner of the aforesaid property/plot and since the date of execution of Development Agreement,shri vijay yadavrao Nikhar & Ku.shreya vijay Nikhar Both Partners of M/s v.Y.Nikhar & AssociatesrBhandara are in possession of the same. I > o t Hence, in my opinion, aforesaid property can be legally mortgaged. Moreover, whatever transactions are made in between the Land-owners and the Developers, they are Legal, Valid and Enforceable by Law. 1l I have made the search of the land revenue record and. do not find any adverse features, which would prevent the title holders from creating a valid morrgage. 16 2] I have visited sub Registrar's office Bhandara on 13-10-2016 and verified the records' details of property belonging to smt.Kamala Laxman Dalar, shri suresh Laxman Dalal, shri Rajeev Laxman Dalar & shri vinay Laxman Dalal, A11 R/o Bhandara Tahsil and District Bhandara. There are no claims from minors and their interest in the property. 3l rhere is no undivided share of minors in the above mentioned property. 4l The property is subject to the payment of liability of the advances given against creation of charge over the said property. sl In case the mortgagor fails to repay the loan amount or redeem the mortgage property then the bank may proceed with foreclosure for recovery of loan amount. 6l Holdings/acquisitions are in accordance with provisions of land Reforms Act. 7l The mortgage,if created, will be available to the Bank for the liability of Smt. Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal, All R/o Bhandara, Tahsil and Distfict Bhandara through their Power of Attorney Holders, Shri Vijay Yadavrao Nikhar & Ku.Shreya Vijay Nikhar, Both Partners of M/S V.Y.Nikhar & Associates, having its Registered Office at Third Floor, Nikhar Bhawan, Opp. Tukadoji Putla, Main Road, Bhandara vide Irrevocable General Power of Attorney dated 2-3-2016.. I certify that Smt.Kamala Laxman Dalal, Shri Suresh Laxman Dalal, Shri Rajeev Laxman Dalal & Shri Vinay Laxman Dalal, A11 R/o Bhandara Tahsil and District Bhandara has valid and marketable title of City Sunrey No. 31/912, adrneasuring about 723.15 Sq.Mtrs., Sheet No.38, situated at Bhandara, within the limits of Nagar Parishad Bhandara, Tahsil and District Bhandara and they have valid and marketable title over the property shown above, hence it can be mortgaged by execution of equitable mortgage- deed. BHANDARA ISHAM B. CHAVANI Date:- 14 / LO 12016 ADVOCATE SHAM ts. CHAV/\N\,!