DINESH K. RAAKH B A, LL.B, I\,4 L W,, D C L 1 ADVOCATE Resi./Off : Flat No. 3,' lladhumaltl", P & T Colony, Sharanpur Lrnk Road, Nashrk- 422005. Ph. 0253 - 22321 75 Mob. 94231 821 23 CERTIFICATE OF TITLE Descriotion of Paooerw :- All that piece and parcel of N.A land situated at villa8e Makhmalabad bearinB 1) 5r.No.145/1 area admg 0H.40R (i.e.4000 sq.mtrs.), 2) S.No.145/3 area admg. 03H 06R (i.e.30600 sq.mtrs.), 3) S.No.149/1 area admg.05H.31R (r.e.53100 sq. mtrs.), 4) S.No.149/2 area admg.7H.22R (i.e.72200 sq.mtrs.), 5) S.No.151 area admg. 05H.93R (i.e.59300 sq.mtrs.),6) S.No.152 area admg.11H.01R (i.e.1,10,100 sq.mtrs.), 7) s.No.155/2 area admg.2H.34R (i.e.23400 sq.mtrs.), total area admg.35H.27R (i.e.352700 sq.mtrs.) within the local limits of Nashik Municipal Corporation, Tal.& Dist.Nasik having common bolindaries as under - On or towards East : by S.Nos.144 & 145 On or towards West : Chandsi village boundary. On or towards South : by 18 mtr. wide D.P.Road, S.No.150 On or towards North : by S.Nos.t45 /2, 487,L47,L 48,L55. At the request of Sun lnfrastructures Pvt.Ltd. Nasik hereinafter called "the said company for short", (through its Director Mr.Anant K. Rajegaonkar) and Godadarshan Co.op. Housing Society Ltd. (through its Chairman Mrs.Jayashree Anant Rajegaonkar) I have investigated the Title of the aforesaid properties on the basis of RoRs, Title Deeds and other papers as well as searches throu8h lndex-ll entries and frnd as under. (1) one Mr.V.N Pendse was the owner of the all the concerned properties situated at Village Makhmalabad, Tal.& Drst. Nashik. He sold the said properties alonB wrth other propertles to H.H.Vidyashankar Bharati Swami Shankaracharya known as Dr.Kurtkoti by Sale Deed dtd.28/ 08/1931. This transfer is noted by M.E.No.980 dated 10.09.31. (2) The above properties were abolished from lnam cateSory with effect from ol/o8/L955 and full assessment was levied due to enforcement of Personal lnam Abolition Act, 1952, as noted from M.E.N o.4075, dtd,2410917955. (3) H.H.Shankaracharya Dr.Kurtkoti Ieased the said properties alongwith other properties to Dr.Yashwant Sakharam Shukla & Shri.Madanrao Narayanrao sukenkar, the then Chairman and Directors of Panchavati Farming Society 2 under Lease Deed dated 15.08.1953 which is duly registered in the office of the Sub-Registrar, Nasik at Sr.No.1300 on 20 08.1953 This transaction is noted by M.E.No4178, dtd.29 09.1956. lt is mentioned in the said Lease Deed that if the Panchavati Farming Society/Company is not formed, the lease shall be considered as individual lease in favour of said s/Shri.Sukla & Sukenkar. (4) M.E.No.5919 dtd.25.12.1968 shows that name of Mr.M.R. Toshniwal is recorded as Court Receiver in the record of nghts of 5.No.145,149,152,155/2 upon demise of H H. Shankaracharya Dr-Kurtkoti as per order dtd.18/05/1968 passed by the Districtlud8e Nasik. (s) M E No 6050,dtd O1/01/1970 shows that the provisions of lndian Coinage Act & the Weights and Measurement Act 1958 were enforced and consequently the area of the aforesaid land was converted into metric systern (6) The Bombay Tenancy & Agricultural Lands Act was amended on 01/04/1957 whereby it was provided that the agricultural tenants shall be the deemed purchasers if their tenancy is not validly terminated by the Landlord and the proceedings are not initiated u/s.29 & 3l ofthe said Act \71 Dr.Kurtkoti made Trust in respect of his aforesaid properties which is registered with the office of the Assistant Charity Commissioner, Poona, Region Poona under Sr.No.PTR No.A-493 (Nashik) on 08/05/1957 as "Shree Shankaracharya Reli8ious Educational Trust" which was subsequently changed as "Shankaracharya Trust", as per Ordet No.12fiA. dtd 29/O51797A issued by the fusistant Cherity Commissioner, Nasik. (8) Thereafter DrKurtakotr terminated tenancy of Mr.Yashwant Shukla and Mr.Madanrao Sukenkar and filed application for possession of the said properties u/s 29 & 31 of BT & AL Act. But he did not pursue the said application as the said properties were vested with the Public Trust formed and reBistered by him. The said application u/s 29 & 31 of BT & AL Act was rejected by the Tahasildat on 17 hOl795A (9) Subsequently, with a view to 8et possessron of his aforesaid lands from the tenants, Dr Kurtakoti applied for grant of certificate u/s 88 (B) of BT & AL Act, but could not 8et the same. Hence he filed WP No 2890/1980 rn the Hlgh Court Bombay which was dismissed on 70/09/79A7 as per which it was decided that, the trust is not entitled for such certificate. Consequently, the tenancy of 5hri.Yashwant Shukla & Shri.Madanrao Sukenkar continued. 3 (10) One of the tenants Mr.Madanrao Sukenkar expired on 22.12.1969 and names of his legal heirs ie Smt.Pramila (wife), S/Shn taxman, Shyam and Sharad (sons) and Smt.Neela Madhukar Karavande and Sheela Padmakar tatkar (marfied dauBhters) were recorded in other rights column of 7/12 extracts o{ S No 145(P), 149(p), 152(p) & 155 (p) by M.E.No.9453, dtd.11.12.1985. ShriSharad Sukenkar expired sometime in September 2000 and his heirs i.e.wrfe SmLShamala & Son Mr,Sameer were brought on record as hereinafter commented (11) Mutation Entry No 7052, dtd OGlO3h9l6 shows that upon application of Shri.Yashwant Shukla, his name was recorded in other rights column of S.Nos.145,149,152& 155/2 as tenant As he expired on 22.12 1969 the names of his heirs viz S/Shri Vasant, layant and Shrikant (Sons) and Mrs.Madhumalati Shriniwas (hair (married daughter) were recorded in other rights column of 7/72 exrtracts of S.No.145(P),149(p),152(p)& 155 (p) by M.E.No.9650, dtd.22.06.1986. (12) Proceeding for fxation of price oI the aforesaid properties u/s 32G of BT & AL Act was going on, The same was concluded and on payment of purchase price of Rs.24,090/- certificate u/s.32M of the said Act was rsgued in favour of the aforesard male heirs of Late Shri.Yashwant Shukla, vide Certificate No.lPL/M/- 5lS2l2OO4, drd 30/06/2004 registered with the offrce of Sub ReSistrar of Assurances, Nasik'3 underSerialNo 3592, drd O1lO7l2OO4 (13) The heirs of Late Shri.Madanrao Sukenkar challenged the issuance oI the said 32M certificate granted in favour of the aforesaid heirs of Late ShriYashwant Shukla by filinB appeal No 5/2004 before the SDO, Nasik. They also challenBed the order of Tahasildar, Nasil dtd 24110/2004 passed in Tenancy Case No.4/1996 whereby the issue of the said certiflcate in favour of the heirs of Late Shri.Yashwant Shukla was ordered. The said case was compromised by filng consent terms as per which it was decided/agreed that S No 155/2 admg. 2H.34R, S.No.152 admg 11H.61R and Western portion admg-sH 31R out of S.No.149 shall be given to the ownership of ShriVasant Yashwant Shukla, Shrilaywant Yashwant shukla and Shri.Shrikant Yashwant Shukla And S No 145 adme 6H.78R and Eastern portion admg.7H.22R From and out of S.No 149 shall be Biven to the ownership of Shri Laxman Sukenkar, ShriShyam Sukenkar, MrsSheela Padmakar Latkar, MrsNeela Madhukar Karavande and Smt Shyamala Sharad Sukenkar, the price of the sard lands be determined on payment of which, certificates u/s.32M be issued in favour of the rerpective owners (14) Accordingly, the aforesard heirs of said Late Shri.Yashwant Shukla paid the purchase price ol Rs 911.21 to the Revenue Authority who issued 32M certifrcate in their favour (ie. S/ShriVasant, layant and Shrlkant) on Z8/1O/2OO5 under No. IPLIM 5/57/2004, n respect of the lands beanng Survey No.149,152 and 155/2, pertaining to the portion which came to therr share on compromase. The said certificate is registered with the office of the 5ub Registrar of Assurences, Nasik-1 at Sr No.05332 on 29/1O/2OO5. The names of these tenant purchasers are recorded on 7/12 extract of the said property by M E.No 19306 certified on 16/11/2005. (15) The heirs of Late Shri.Madanrao Sukenkar also paid the purchase pnce of Rs.14,378/- to the Revenue Authority who issued 32M certificate in their favour on 28/10/2005 under No.lPt/M-5/58/2005, in respect of the lands bearing Survey No 145 & 149 pertainin8 to the portion which came to their share on compromise. The said certificate is registered with the ofiice of the Sub Regrstrar of Assurances, Nasik-1 at 5r No.05333 on 29/70/2005. Ihe names of these tenant purchasers are recorded on 7/12 extract of the said property by M.E.No.19305 certified on 15/1U2005. (16) The said Shankaracharya Trust filed RCS No.407l2005 in the Court of Civil Judge (S D ) Nasik and Tenancy Revision Application bearing No 58/05 before the Divisronal Commissioner Naslk challenging the order passed by the Tahasildar, Nasik and also the proceedin8s before the Revenue Authorities. The dispute was however settled and the trust accepted the orders of the Tahasildar gven u/s 32G and grant of 32M certificate. Consequently the said Rcs was withdrawn by compromise on O'/O9|ZOAG and the proceedings of Tenancy Revision Application No.58/OS were also wilhdrawn on 07/09/2006. (17) The aforesaid properties were subject to the restrictions of Sec.43 of the BT & AL Act and hence remark to the effect that the same could not be transferred without prior permission from the Collector was mentioned tn other ri8hts cofumn oI 7112 extract thereof. As the said tenant purchasers paid the Nazrana amount to the Government, the restriction on transfer of the said property (u/s 43) was removed by order bearing No. TENANCY/SR/S7106, dtd. 10/11/2006 passed by SDO, Nasik. The said remark regarding restriction on transfer was removed from other rights column of the concerned properties by M.E.No.20176 certified on 06/0U20o7. (18) Thereafter, all the above heirs of Late Yashwant 5hukla (including Mrs. Madhumalati Khair) made oral family partition of their joint family properties which is later on confirmed by them under Partition De€d dtd.27/02/2005, as 5 per the details mentloned therein. The said Partitron Deed is registered with the Office of Mr Ramesh R Khatod, Advocate & Notary, Nasik on 27l02/2006 under 5r.No.578 The said Partrtion Deed is executed throu8h the Power of Attorney Holders on the strength of four separate deeds of General Powers of Attorney executed by each of the above heirs of Late Shri Yashwant Shuka on 08/04/2005 , 24/O1,/2OO5 & 29/U,/2O05 and resistered with the office ofthe Sub Registrar of Assurances Nasik 3 underSerial No 1956,396, 395 & 50O respectively (19) Thereafter, the said Shukla family consisting of ShriVasant Shukla (and his family members), Shri.layant Shukla, 5hri. Shrikant Shukla & Smt- Madhumalati Shriniwas Khair sold a Western side portion admg.5H.31R from and out of S.No.149, portion admg. 11H 01R from and out of S No.152, portion admg.0H.62R out of S.No 155/2 to MrAnant (eshav Rajegaonkar, Mrs layashree Anant Rajegaonkar, Mr.Anil Bhavarlal Jain & Mrs Varshali Anil .lain by Sale Deed dtd.12l1212006 reg'stered with the office of Sub Regrstrar of Assurances, Nasik'1 under Sr No.8725 on 12l1212005. The sard transaction is noted by M E.No 20177 certified on 06/01./2007 and the names of the pur€hasers are entered on the respective 7/12 extracts ofthe said properties. By Correction Deed dtd.24/O1./2AU registered with the office of Jt sub Re8istrar of Assurances, Nasik-1 u nder 5r.No.1086 on 06/02/2007, particulars of the payment of consideration mentioned ln ltem No.22 on Page No-18 of the said Sale Deed rs corrected further, on the basis of certlficate dtd.7o/11/2005 issued by Deputy Registrar, Co. op Society Nasik to the effect that the Panchavati Farming Co.op. Society ttd. (which was proposed to be formed by S/Shri.Sukla & Sukenkar as mentioned in above referred Lease Deed dtd.15/08/1953) lts name is removed from other rights (olumn of the 7/12 extracts of the aforesald propertres by virtue of above M.E.No 20177 (20) M E No.20702 certified on 21-/06/2007 shows that Hissa Form No.12 made applicable to SNo149 as a result of which it has been subdivided and renumbered as S No 149/1 admg. about 5H.31R which is purchased by the above named purchasers and S No 149/2 admg. about 7H.22R which remained with the aforesaid herrs oI Late Shri Madanrao Sukenkar. Accordingly, separate 7/12 extracts of these two sub divisions are issued and the names of respective holders thereof are mentioned therein, (21) The aforesaid heirs of Late Shri-Madanrao Sukenkar also executed partition Deed on 06/12/2008 concerning their aforesaid properties as per the detais 6 mentioned therern The said Partition Deed rs regrstered with the offrce of 5ub ReBistrar of Assurances Nasik 1 on 10/12l2008 under Sr.No 11300 (22) The said ShriAnant K Rajegaonkar & ShriAnil B.lain purchased 3H88R portion from and out of S No 148 situated at vilage Makhmalabad, Nasik belonging to Shri.Gadadhar Manohar Akolkar and others by Purchase Deed dtd.08/0412008 which is registered wlth Jt Sub Registrar of Assuranc€s Nasik- 1 on 08/04/2008 under Sr.No3712 The said transaction is noted by M.E No.22187 certifi ed on 28/04 / 2OO8. (23) said Sukenkar family purchased right of way/easement of 12 Mtrs vide road covering 5184 sq.mtrs. area passln8 through 5 No.148 and 149/1 from the aforesaid owners by Purchase Deed dtd.10/12/2008 registered with the office of the Sub Re8istrar of Assurances, Nasik'1 under Sr.No 11299 on l0/72l2ooa and rcmatk to that effect is ment'oned other rights column of 'n the concerned properties by M E.No 23046 certified on 2611212008. (24) M.E.N0.23380 certified on 310312009 shows that Hissa Form No.12 made applicable to S.No.145 as a result of whrch it has been subdivrded and renumbered as S.No 145/1 adm8- about 0H-40R, 5.No.145/2 admg. about 3H.32R and S.No.145/3 admg. about 3H.06R. Accordin8ly, sepatate 7/12 extracts ofthese sub drvisions are issued and the names of respective holders thereof are mentioned therein- (25) Thereafter Mr.Anant K Rajegaonkar & Mr.Anil Blain, also purchased entire area of properties bearing S.No.145/1 admg.oH.40R, S No.145/3 admg.3H 06R & S.No.149/2 admg 7H.22R from Mr Laxman Sukenkar, Mr.Shamrao Sukenkar, Smt.Neela Karvande & Sheela Latkar by Purchase Deed dtd.03/06/2009 which is registered in the office of sub Registrar of Assurances at Nasik'1 at Sr.No-3676 on the same day Accordingly, the names of aforesaid Purchasers are recorded on 7/12 extracts of the said properties by Muration Entry No.2549L ceftilied on 22/06/ZOL0 (25) By two separate Deeds of Assignment both dtd-21/1212012 the said landowners assigned and transferred the entire area of S.No.145/1, S-No 145/3, S.No.149/1 & S No.145/2 to the company (i.e.Sun lnfrastructure P!,t Ltd.). ln additron, the said landowners sold to the said company area admg. about 3H 21R from and out of S No.152 by the aforesaid two oeeds of Assignment These Deeds are registered with the offrce ofthe Sub Registrar 1 of Assurances, Nasik 5 under Sr No.10868 & 10869 on 26/72/20L2.Ihe said transaction is noted by M Es-No 29621 certified on LL/0112013 (27) By Sale Deed dtd.03/10/2013, the said Sun nfrastructures Pvt Ltd. and the said landowners transferred to the Nasik Municipal Corporation total 10878 50 sq.mtrs. area comprised of S.No.145/3 (2334.50 sq.mtrs.), SNo149/1 (2545 sq.mtrs ), S-No 149/2 (3095.50 sq mtrs.) & S.No 152 (2903.50 sq mtrs out of which 1903.50 sq mtrs belongs to Sun lnfrastructures Pvt.Ltd & 1000 sq.mtrs belongs to landowners), which is reserved for 18 Mtr. wide D P Road. The said Sale Deed is registered with the office of Sub Registrar of Assurances, Nasik-4 on 9/10/2013 under Serial No11441. The said transaction is noted by MENo.30609 certified on 37/10/2013. (28) Thereafter by two separate Deeds of Assignment both dtd. 21108/2014 and registered with the office of Sub Registrar of Assurances, Nasrk 4 & Nasik 5 under 5r-No.8125 & 68)1 on 2610A120L4 & 21108/2014 respectively, the said landowners sold to the said company total area admg. ebout 7H 57R from and out of S.No.152. These transactions are noted by M Es.No31650 & 31649 on 27l10/2014 respectively {29) The said company also purchased an area 2H.24R from and out of S.No.155/2 from the aforesaid owners under Deed of Assignment dtd.21/08/2014 which is re8istered with the office of Sub Registrar of Assurances, Nasik-4 on 26108/ 2014 under Sr.No8126 The said transaction is noted by M.E.No_31648 certifl€d on 27 /1O/2O14 . (30) lt is revealed from perusal of the aforesaid Deeds of Assignment that Suyojit lnfrastructure P!t. Ltd is Consenting Party to the said transactions as it has agreed to provide finance to the landowners in the form of advance for acquisition of the said property lt is further recited in the said Deeds that with the moneys so advanced bV said Suyojit lnfrastructure Pvt Ltd. the landowners would acquire the said property and further assign, sell or transfer the same to Sun lnfrastructure Pvt Ltd The said Deeds also reveal that the said landowners, Suyojit lnfrastructure Pvt. ttd , Urben lnfrastructure Trustees Ltd, Dharti lnvestment and Holdings Ltd and Sun tnfrastructures Pvt. Ltd have executed Shareholders'Agreement on 11/08/2006 whereby it is agreed to subscribe for and hold shares of Sun Infrastructures Pvt Ltd on certain terms and conditions 8 As reeards 5,No,151 detailed comments are given below . (31) One Shri-Dada Bhavani Xharate was a prote€ted tenant for the aforesaid properties (including Survey No.151) in the year 1947/48 as is revealed by M E No.3077, dtd OAlOZl1955. However, subsequently he sufiendered his renancy rn respect of s No.14S, 149, 152 & 155 in the year 1953-54 as a result of which his name was deleted from other rights column of the said properties by M.E No.4228, dtd 01,i 10/1956. M E No 4287, dtd 13105/ 1957 shows that the name of Shri Dada Bhavani Kharate was removed from other rights column of 7/12 extract of S.No.151 (also S.No.150) as possession of the said lands wat taken over by Shri.Yashwant Shukla on 09/11/1955 in pursuance ofthe decision in Tenancy Case No 2/1954 (321 The name of said Shri Dada Kharate which was recorded as protected tenant in other rights column of S No 151 (By M E.No3077) was subsequently removed for as possession of the said land was taken by the Panchavati Farmin8 Sociew as per Tenancy Case No. 2/1954. (33) The said Shri.Dada Bhavani Xharate was treated as deemed purchaser of the aforesaid land in view of the provisions of the BT & AL Act 1948 being in possession of the said property on Tillers Day, i.e.7/O4h951 fu stated above, exemption u/s 888 of the BT & AL Ad was not granted to the owner Trust of the said land (vir.Shankaracharya Trust) as it was reBistered after Tillers Day. (34) Said Shri.Dada Bhavani Kharate died on 09/03/1990 and leavin8 behind his heirs namely S/Shri.Bhirna, Arjun and Vitthal (sons), Smt.Parvatabai (wife), and Smt.Bha8irathibai alias DhondiSonu BhaSre, married daughter (35) The said heirs of tate Shri Dada Bhavani Kharate paid purchaie price of the said land as decided by the ABricultural LandsTribunal u/s 32G ofthe BT & AL Act in Tenancy case, 32M Certificate has been issued in their favour on 04/09/2001which is registered with the office ofSub Re8istrar of Assurances, Nasik-2 under Sr No 10795 on26/71/200l. consequently, the namet of these tenant purchasers are brought on Revenue Record by M E No.16287 cenified on 20/02/2002 (36) MENo.19070 dd f2107120O5 shows that RCS No.52l2005 was filed by Mr.Sonu Babu Kharate and another against said Shri.Bhima Dada Kharate and others in respect of the land in question wherern status qLro was Sranted by the CI(JD) Nasik M E.No.19713 certified on 26/O5/2OOG shows that due to 9 compromrse between the parties the said suit was withdrawn and consequently as per the order of the Co'rrt dtd.23/03/2006 remark of status quo was removed {rom other rithts column ot 1/12 exltacl of the said property. (37) The said Bhima Dada Kharate and others executed two Agreements of Sale on 30/08/2006 & 1A/12/2006 and two General Powers of Attorney both on 06/08|2001, in Iavour of Shri.Pandharinath Dharma Sable in respect ot the land in question (along with other S.No 150) in consideration of the purchase price mentioned lherein These documents are re8istered under two separate deeds of confirmation both dtd 23/01/2008 with the office of Sub Registrar of Assurances Nasik-1 on the same day under Sr.Nos.923 & 924 (38) By Lease Deed dtd.24lo1l2008 the said land (alongwith 5-No-150) was leased to said Shri pandharinath Dharma Sable by the aforesaid holders for a period of 5 years, which was re8istered with the office of Sub ReBistrar of Assuran€es Nasik-1 on the same day under Sr No 962 (39) M.E.No.22585 ce(ified on 76/01./2009 reveals that Smt. Sonyabai Kharate and 2 others filed Rcs No.350/2008 a8ainst landowners and the proposed Godadarshan Co. op. Housrng Society Ltd., in the court of Civil J'rdge (JD) Nasik clarmint flBht, title and interest in the said land Survey No.151 and seekng injunctron orders on transfer of the said property Lis Pendence Notice of the said suit was ako registered with the office of Sub Regrstrar of Assurances Nasik 3 under Sr No.7324 on 21/08/2008. The said dispute was compromised and consequently the suit was disposed off on 23102/2010. As a result, remark of Lls Pendence entered rn other right column ol the 7/72 extract of the said property was deleted by M.E No 24600 certified on 13/O4/2O7O on the basis of Lis Pendence Cancellation Deed re8istered with the office of sub Registrar of Assurances Nasik-3 under Sr No 1876 on 2s/o2/2070. (40) Shri.Vitthal Dada Kharate died on 23/IO/2OOB and hence his heirs namely SmtUshabai (wife), Shri Balu (Son), Sau.Meena Nitin Pimple (married daughrer) and Kumari- Sonali (minor dauShter) through her mother (Smt Ushabai) as natural guardian were brought on Revenue Record by M.E.No.23062 certif ied on Z6/L2/2OOA (41) lt is observed from other rights column of 7/12 extracts of the said property for the relevant year that the said land was subject to the rest cttons of 10 Sec.43 of BT & AL Act and Sections 36 & 36A of MLRC, 1966, the holders being from Scheduled Tribe community- (42) The sa'd landowners thereafter agreed to sell the said land to the proposed Godadarshan Co.op.Housing Socrety Ltd., (through its Promoter Mr. Pandharinath Dharma Sable) by ABreement to Sale dtd.3111212009 which is registered with the ofFice of Sub Registrar of Assurances, Nasik-2 on O7/08/2O1O under Sr No.8594 on the terms and conditions and for the consideration therein mentioned (43) The sard Godadarshan Co.opHousing Society (hereinafter called the said society) then duly registered under the Maharashtra Co-operative Societies Act 1960 under Registration No NSK/NSK/HSG/|CI52471 2O7O, dtd O9lOl /2O1O as seen from the certificate of re8istration issued by the said authoritY. (44) Thereafter in pursuance of the said A8reement to Sale dtd 31/1212009, the aforesaid holders of the sald land sold t to the said society by Sale Deed dtd OT lOSlZOlO which is registered with the office of Sub Registrar of Assurances Nasik-2 under Sr.No 8595 on 07/08/2010 The said transaction is mutated by M.E No 25350 certified on 251O8/2O1O. The sald sale required following important permissions which have been obtained by the parties- a) Permission under 63 of BT & AL Act 1948 and Rule 36 (1)(B) of BT & At rules 1956 for purchase of the said property Sranted by SDO, Nasik under order No. Tenancy 163/sR/o:tl 70, dtd.29 /o3 /zolo b) Permission under Sec.36 & 36 A of MLRC 1966 and as per MLR (transfer of occupancy by tribal to non tribals) Rules 1975 granted by collector, Nasik under Order No.KAKSHA 4lKU.KA.2/5.R.1O3/O7, dld.2\/O4l 2O1O. This order shows that as the requisite Nazrana amount was paid in respectofthis land, the restrictions on its transfer as per Sec.43 of BT & AL Act were ordered to be removed from the Record of Rights The Revenue and Forest Department in Government of Maharashtra has by Letter No. ADlvAsl/27091413|Prc-rJa.74a/L- 9dtd.3l/12/2009 has already Sranted permission for the said sale as required u/s 36 & 36 A of MLRC. The society has passed necessary Resolution on 25/ol/aolo tot pwchase of the said property All the above orders and resolution of the society are enclosed to the above mentioned registered Sale Deed. As a result, the 11 restflctive remarks u/s 36 & 36-A of MLRC and Sec 43 of BT & AL Act were deleted from other rights column of the said land and the name of the purchaser society is entered in place ofthe landowners by aforesard entry (45) As the said land rs purchased by the societv, rt's then Prornoter Mr.Pandharinath Sable, by Lease Cancel ation Deed dtd 731O2/2O12 registered with the oftice of Sub Registrar of Assurances Nasik,4 under Sr.No.1558 on same day Said ShriSable has confirmed through the said Cancellation Deed that he has not retained any rights in the said land as Chief Promoter of the said Society by vrrtue of any earlier document and has already executed the Sale Deed in its favour as Consenting Party. (46) By Sale Deed dtd.03/10/2013, the said society transferred to the Nasik Municipal Corporation total 7533 50 sq.mtrs. area out of the said land (4013 50 sq.mtrs for 18 mtrs D.P Road and 3520 sq.mtrs. for Goda Park) The said Sale Deed is registered with the office of Sub Registrar of Assurances, Nasik-4 on 9l1O/2O13 nd{ Serial No 11440. The said transaction is noted by M E.No.30610 certified on 31/10/2013 and the name of Nasik Municipal Corporation is recorded in Occupancy Column of the 7/12 extract of the said la nd (47) For the sake of convenience and for overall integrated planninS, the said society and the owners of other adjacent properties mentioned above (viz.Sun lnfrastructures Pvt Ltd., Mrs.Vaishali Anillain, Mrs Jayashree Anant Rajegaonkar, Mr.Anant Keshav Ralegaonkar & Mr.Anil BhavarlalJain) decided to develop the said properties and for that purpose obtained NA Order bearins No Maha/Kaksha-3/7/BiShe Pftrla. /A6/2073, dtd 22/0812073 from Collector, Nasik for making non aBricultural use of 3,01,282 88 5q.mtrs. area for residential use and 25491.81 Sq.mtrs. area for commercial purpose comprising of 4000 sq.mtrs. area from S.No 145/1, 30600 sq.mtrs. from S No.145/3, 53100 sq mtrs. area from S No 149V1,72200 sq.mtrs. area from S No 149/2 , 59300 sq mtrs area from S No.151, 11O1OO sq mtrs. area out of S No.152 and 23400 sq.mtrs. area from S.No 155/2. The remaining 14892 sq.mtrs. area is for D.P.Road and 11033 31 sq.mtrs. area is towards creen Belt. (48) By Letter No TPV 4/426, dtd.27/A112073, the Director Town planning, pune for Maharashtra State has sanctioned road network plan in respect ofthe above said properties which is sanctioned by the Nasik Municipal Corporation l2 and recommended by the Deputy Director, Town Planning, Nasik Division, Nasrk- ({9) The Nasik Municipal Corporation has sanctioned a layout in respect of the said lands by its No.338/1875, dtd 121022013 The total areas converted to NA use for residential and commercial purpo5e are mentioned separately in other rights ofevery 7/12 record. (50) The said company along wrth the said society and the said landowners obtained building permit and commencement certificate from Nasik Municipal corporation under No.LND/BP/Panch/c-2/51312943, dtd 1ol10/ 2013 ror carryinB out construction on the said properties for Residential and Educationalpurpose (51) By Sale Deed dtd.19/11/2013 registered with the office of Sub Re8istrar of Assurances, Naiik 4 under Sr-No.12744 on the same day, the said societY alongwith the owners of adjacent properties mentioned above, sold to sun8race Developers LtP, Nasik, Amenity Plot No.4, admg 6660 5q.mtrs. out of the sanctioned layout of above seid property alon8 with proportionate undivided share with perpetual and irrevocable riBht of access throuSh the internal road under the layout and in the common area and facrlittes in the layout. The said transaction is noted on 7/12 exlta.l of S No 151 under investi8ation by M.E-No. 31386 which is certified on l5/O7 /2071. (52) The said society and the owners of aforesaid adjacent properties have exe€uted a Declaration on TL|OZ/|OLA registered with the office o[ Sub Registrar of Assurance, Nasik-4 under Sr.No.56 on 02/06/2014 whereby they have declared and confirmed their respective ownership and that the said society is the absolute owner of abovementioned Amenity Plot No 4 which it has sold to the Sungrace Developers LLP, Nasik. The Declaration is noted by M.E No 31386 mentioned above. (53) The raid socrety has by two different Agreements to Sale both drd 27/08/2074 registered with the office of sub ReBistrar of Assurances, Nasik-4 & 5 under sr.No.8127 & 6822 on 26/08/2074 & 27 /0a/2o74 respectively agreed to sellto said company area adm8. about 3H.29 33R and area admg about 0H.32.56.50R formin8 part of Master layout annexed thereto out of S No.151, for the consideration of fullY built up flats/Units of the admeasurements mentioned therein and on the other terms and conditions stipulated therein. ln pursuance there of the said society has executed two separate General Powers of Attorney in favour of lhe said company on 21108/2014 which are registered in the office of Sub Regrstrar of Assurances, Nasrk 4 & S under Sr No 8128 & 6823 on 26/0A/2074 & 2l /O8/2O1.4 tespecliuely These transactions are noted in other rights column of 7/12 extract of S.No 151 by M E No 31551 & 31653 which are certifred on 27 /tO/2O1-4 (54) By Sale Oeed dld.5/12/2174 registered with the offrce of Sub Registrar of Assurances Nasik-1 under Sr.No.10574 on the same day, the said society and the said landowners with the consent of the said company sold to Mr Satish Rochaldas Panjwani and others Amenity Plot No.3 adm8. about 2647.46 sq. mtrs. (i.e.2347.46 sq.mtrs. from S.No.151 belon8ing to the said society + 300 sq mtrs from 5 No 152 belonging to the said landowners) for the consideration therern mentrcned The said transaction is noted on 7/12 extracts of both the Survey Numbers by M E No.31860. (55) The said company has, in addition to above, in accordance with mutual understandinB of the said [and Owners & the said Socrety obtained following clearance and confirmatory letter for developmenr of the iubject properties (a) Environmental Clearance from the Ministry of Environment & Forests (l A. Division) Government of lndia New Delhi, beanng letter No 21 236/2007-lA.lll, dated 08.08 2007 for proposed construction on the said properties (b) Certificate dtd.17110/13 from Ialathi, Makhmalabad confirming rhat the said properties are not within the limits of forest ReBion (56) Title in respect of all the aforesaid properties are already investiEated bv Mr.S L.Deshpande Advocate Nasik Hts Tttle Report dtd.30/05/2011 is accompanied by Search Report of Advocate Priyanka Thakur who has carried out searches with Sub Registrar of Offices of Nasik, for the period of 30 years for the year from 1982 till 2011. He has given separate Trtle Report in respect ofS No.151which certifies the title ofthe said society (57) tand Revenue for current year in respect of the a{oresaid properties is paid as can be seen from tax paid Rereipt dtd O3/02l2015 issued by Talathi, Makhmalabad, Nasik (58) By Deed of Declaration dtd22/07l2ot7 executed by the sard Company, the said Landowners and the Society it has been declared by them thatl a) the said properties are free from encumbrances or charges as on date & no tax/cess of any authority is due and payable 14 b) their respective propertres rnentioned above shall be developed in accordance wrth the scheme and building plans sanctioned by the Nasik Municipal Corporation and each of them shall have definite right therein. c) one another's respective rights title and interest in or upon the aforesaid properties and/or the proposed construction to be implemented thereon shall be protected and each of them shall cooperate with each other and shall accord consent to one another for development, sharing and use of common amenities and facilities of the said construction Scheme for the common benefit, lse) The said company has availed loan of Rs 50 Crs- from State Bank of lndra, Satpur lndustrial Estate Branch, Nasik by mortgaging following properties Open Commercial land sit'rated at 5.No.152 (P) including amenity portion (Plot No.5) commercial area 25491.81 sq.mtrs- and Amenity Plot of 1418.09 sq mtrs. at Suyojit Viridian Vallis site, Savarkar Nagar extension, Makhmalabad Shivar, Nasik. Negative Lien on proposed Building No.E 2 to E 7 of Project situated at Survey No 149/2,savarkar Nagar extension, Makhmalabad Shivar, Nasik. (60) Charge of this loan is re8istered with the office of Registrar of Companies Mumbai by filing Form No.CHG 1 on the basis of which the said office has noted the said charge vide charBe registration certificate issued by it on 2217212074 The said charte is also noted by Revenue Authority vide current 7/12 extract of the said property by M E.No.31840 certified on Z9h2/2014 The company has also executed A8reement of loan-cum-hypothecation in favour of the said Branch of state Bank of lndia on 29/7o/2o14 (51) The said company has availed loan of Rs.90 Crs. from Canara Bank, Fort Branch, Mumbai by morlBagrng following properties. Exclusive charge on Project land bearing Survey No 1a9/1(p) (7.58 acres), 149/2(p) (3 09 acres), 145/3 (p) (2.20 acres) & S No.152(p) (0.22 acres)Total area 13 09 acres situated at Savarkar Nagar extension, villa8e Makhmalabad, Nasik Collateral Security: Exclusive charge on land adjacent to project land bearing S'.rrvey No.149/1(p) (5.663 acres), 7a9/2 (pl 19.397 acres), 145/1 (p) (0.112 acres), 145/3 (p) (4 029 acres), 152(P) (11 148 acres) & S.No. 1ss/2 (p) (3.047 acres) total area - 33.395 acres situated at Savarkar Nagar extension, village Makhmalabad, Nasik 15 Receivablesr Exclusive char8e on receivables from Burldrngs E 1, E 8, D 1, D-2, D-3, D-4, D-5, D'6, D-7 & Litus 1-21 and such others receivables of any future buildings to be constructed on the land Charge of this loan is registered with the office of Registrar of Companies Mumbai by fillnC Form No CHG 1 on the basrs of whrch the sald office has noted the said charge vide Charge Regrstration Certrficate issued by it on 03/06/2015 (52) Correction Deeds are made to Power of Attorney and A8reement to Sale both dared 2!AA/2O14, \,thich are registered on 10/06/2015 under Serial No.4328 & 4329 respectruely wth the office of Sub Registrar of Assurances, Nasik 4, whereby the area mentioned in Schedule-ll1 thereof regarding Flats/Lands to be handed over to the members of the said society by the company is corrected, (63) By Agreement to Sale dated 31103/2017 the said company, the said Society and the said owners have agreed to sale certain portion earmarked as H Sector having hissa No. 5 admg. 13393 95 5q mtrs portion out of Survey No 151, 152&155(2) more particularly described in second schedule thereof to Mr. K.C Manwani and others for the consideration and on the terms and conditions therein mentioned. The said agreement is registered with the Office ofloint Sub Regrstrar, Nashik- 7 on 12105/2017 under No. NSN 7 414. (64) The company has paid N.A.Tax in respect of the said property for current Vear vide Receipt of paymenl daled 29/O312O1,7 issued by Talathi, Makhmalabad. (65) No other encumbrances or charges save and except the aforesaid bank loans are found recorded on the current years 7/12 extracts ofthe respective parts of properties. (65) The company has completed the construction of buildngs on the said properties as per Commencement Certificate dated 10/1O/2O13 uide Certificate to that effect issued by the Executive Engineer, Town Planning Department, Nashik Municipal Corporation bearing No- LND/WS/C2/30/2017 dated 15/o3/2011 (67) The Town Planning Department ,Nashik Muniopal Corporation has granted extension for construction on the said properties up to 09/10/2017 vide its letter No. Nasarachana Vibhag/ Vashi/Panch/3 88/76 dated 28ltO/2076 15 (58) Searches through lndex ll record of the properties under lnvestigation available wrth Nashik Sub Registry as well as online for last 30 years are taken by me up to date during which lt is found that save and except the aforesaid Charges of loans granted by State Bank of lndia and Canara Bank to the company no other transaction affectinB its Title to the said properties are is found registered with the said Sub Registry during the period of search (69) I have carried out online search (through Deshmukh lain & Associates, C.A ) of the record maintained by the Office of Registrar of Companies, Mumbai regarding the said company which revealed that save and except the aforesaid charges of State Bank of lndia, SatRur Branch, Nasik and Canara Bank, Mumbai the said company has not created any encumbrances and charges on its aforesaid properties as on date. Con.lusion Relying on the above, I am of the opinion that save and except the aforesaid loans of State Bank of lndia and the Canara Bank, Mumbai mentioned above the ownership and possession of the said company, and the said society on or over their respective remaining properties mentioned above are free from encumbrances or charges and they are absolute owners and possessors thereof having clear and marketable title thereto. Dare : 29101/2077 Dinesh K. Raa Advoaate i ir p sh K- Raa:, ! c / ..1+1.[l.W 0 C.L. | 7 H.l\Urjelli , PAT Co'.- !y, Shar.r Uni Roqal. i{a8hi 005- tkrbie 4., iEzt23