Mehul Pagare BLS. LLB Mob: +91 9819547185 Advocate, Bombay High Court C-709, SEA QUEEN PARADISE, Plot no. 261 & 262, Sector 10, Kharghar, Navi Mumbai - 410 210 Date: -2ND tr{'ay,2017. TITLE REPORT This is to certifu that I have pursued the properties mentioned below in the name of respective owners in 7/12 Extracts, 6/12 Extracl, Mutation Entries, and the Xerox Copies of Conveyance deed, Index II and other documents available for my inspection reveals that property is Lands described in Schedules described herein below. Whereas late Shri. Gopal Deu Katkari was the protected tenant i.e. deemed purchaser under the provisions of Section 32 (G) of the B.T. & A.L. Act, 1948 of land bearing survey no. 139 situated at Village Chikhloli, Taluka Ambemath and District Thane and Smt. Muktabai Gopal Katkari was the protected tenant i.e. deemed purchaser under the provisions of Section 32 (G) of the B.T. & A.L. Act, 1948 of land bearing survey no. 14017,151/l and 151/6 situated at Village Chikhloli, Taluka Ambemath and District Thane (hereinafter referred as said Lands). Whereas late Shri. Gopal Deu Katkari (Mukane) and Smt. Muktabai Gopal Katkari (Mukane) paid the price of the said lands; fixed by the Tenancy Authority and accordingly certillcate ${, AdYocste I I \ U/s.32 M was issued in the name of Shri. Gopal Deu Katkari (Mukane) and Smt. Muktabai Gopal Katkari, and thereafter there name was duly mutated in the revenue records as the lawful owner & occupant ofthe said Lands. Whereas after the death ol Shri. Gopal Deu Katkari (Mukane), the name of his legal heirs viz. late 1) Shri Hari Gopal Katkari (Mukane),2) late Shri Pandharinath Gopal Katkari (Mukane), 3) late Shri Muktabai Gopal Katkari (Mukane),4) late Shri Sitabai Rajaram Pawar, 5) Shri Kalubai Gopal Waghe, late Shri Lila Jethu Pawar were duly mutated vide M.E. No 568 in the record olrights. Whereas after the death of Shri. Hari Gopal Katkari (Mukane), the name of his legal heirs were duly mutated vide M.E. No. 982, after the death of Muktabai Gopal Katkari (Mukane), the name of her legal heirs was duly mutated vide M.E. No. 984, after the death of Shri. Pandharinath Gopal Katkari (Mukane), the names of his legal heirs were duly mutated vide M.E. no. 1054, after the death of Sitabai Raja Pawar name of her legal heirs was duly mutated vide M.E. 1073 in respect of said Lands. Whereas with effect of above mentioned Mutation Entries, Shri Mohan Hari Mukane and l0 Others viz. l) Smt. Sitabai Raja Pawar, 2) Smt. Kalubai Gopal Waghe, 3) Smt. Lila Jethu Pawar, 4) Smt. Kesubai Maruti Waghe, 5) Smt. Sitabai Pandharinath Mukanc, 6) Smt. Nanda Vasant Pawar, 7) Smt. Manda Gangaram Dive, 8) Smt. Kunda Amruta Pawar, 9) Smt. Vandana Chandrakant Mukane l0) Smt. Deepa Nandu Helum became Owners and absolutely seized and possessed of or otherwise well and suffrciently entitled to all that piece and parcel rt\ A dvo c aie 2 * of Lands bearing Survey No 139 admeasuring about l-01-2 (H-R-p), Survey No 140/7 admeasuring about l-38-0 (H-R-P), Survey No 151/1, admeasuring about l-4g-0 (H-R-p), and Survey No I 5l /6 admeasuring about l -27-0 (H-R-p), situated at village chikhloli, Taluka Ambemath and District Thane more particularly described in the Schedule-I hereunder written. whereas I ) Smt. Sitabai Raja Pawar, 2) Smt. Kalubai Gopal waghe. 3) Smt. Lila Jethu pawar, 4) Smt. Kesubai Maruti waghe,5) Smt. Sitabai Pandharinath Mukane.6.1 Smr. Nanda vasant Pawar. 7) Smt. Manda Gangaram Dive. 8) Smt. Kunda Amruta pawar. 9) Smt. Vandana chandrakant Mukane l0) Smt. Deepa Nandu Helum executed General power of Attomey in favour of Shri. Mohan Hari Mukane for the sale of Lands bearing Survey No 139 admeasuring about l-01-2 (H-R-P), Survey No 140/7 admeasuring about l-3g-0 (H-R-p), Survey No l5l/1. admeasuring about 1-48-0 (H-R-P). and Survey No 15l/6 admeasuring about 1-27-0 (H-R-P). situated at village chikhloli, Taluka Ambemarh and Districr Thane and the said General Power of attomey has been registered with the Sub Registrar Assurance Ulhasnagar, under serial no. ULN3-02555-2009 DATED 03-07 -2009. By Conveyance deed dated 30th December, 2009 between Mohan Hari Mukane and l0 others therein described as vendors and 1) Shri Ramchandra Bajirao Kale 2) Shri Ketan Babulal Patel and 3) Shri Ramakanth Subhash Jadhav, therein described as purchasers acquired right, title and interest in respect ol Lands bearing Survey No 139 admeasuring aboul l-01-2 (FI-R-P), Survey No 140/7 admeasuring abour l-38-0 (H-R-p), Survey No l5l/1, NllY , Advocate J admeasuring about l-48-0 (H-R-P), and Survey No 151/6 admeasuring about l-27-0 (H-R- P). situated at Village Chikhloli. Taluka Ambernath and District'I'hane more particularly described in Schedule I hereunder written and the said Conveyance deed has been registered with the Sub Registrar Assurance Ulhasnagar, under serial No. ULN3-00450-2010 DATED 22-01-2010 and Index II has been issued for the same. Accordingly. the name of Purchasers viz. l) Shri Ramchandra Bajirao Kale 2) Shri Ketan Babulal Patel and 3) Shri Ramakanth Subhash Jadhav was duly mutated in the Records of Rights vide Mutation Entry No. 1100 dated 23-02-2010. Whereas 1) Shri Ramchandra Bajirao Kale 2) Shri Ketan Babulal Patel and 3) Shri Ramakanth Subhash Jadhav desired and parted the said Lands under mutation entries no 1130 dated 4-09-2010. The below mention properties belong to names mention as herein. l) Land bearing Survey No 139 (Part) admeasuring about 0-15-35 (H-R-P) Village Chiklloli, Taluka Ambemath and District Thane belong to Shri Ketan Babulal Patel. 2) Land bearing Survey No 139 (Part) admeasuring about 0-79-75 (H-R-P) Pot Kharaba 0-06-l (H-R-P) Village Chikhloli, Taluka Ambemath and District Thane belong to 1) Shri Ramchandra Bajirao Kale 2) Shri Ramakanth Subhash Jadhav. 3) Land bearing Survey No 151/l (Part) admeasuring about 0-76-44 (H-R-P) Pot Kharaba 0-29-0 (H-R-P) Village Chikhloli, Taluka Ambemath and District Thane belong to Shri Ketan Babulal Patel. $\ Advocate 4 4) Land bearing Survey No l5l/l (Pa() admeasuring about 0-42-56 (H-R-p) Village chikhloli, Taluka Ambemath and District Thane belong to I ) shri Ramchandra Bajirao Kale 2) Shri Ramakanth Subhash Jadhav. 5) Land bearing Survey No 140/7 (Part) admeasuring about l-29-0 (H-R-p) pot Kharaba 0-09-0 (H-R-P) village chikhloli, Tatuka Ambemath and District Thane l) Shri Ramchandra Bajirao Kale 2) Shri Ketan Babulal patel and 3) Shri Ramakanth Subhash Jadhav. 6) Land bearing Survey No l5l/6 admeasuring about 1-24-0 (H-R-p) pot Kharaba 0-03_ 0 (H-R-P) Village Chikhloli, Taluka Ambernath and Disrrict Thane belong to l) Shd Ramchandra Bajirao Kale 2) Shri Ketan Babulal patel and 3) Shri Ramakanth Subhash Jadhav whereas thereafter I ) Shri Ramchandra Bajirao Kale 2) Shri Ketan Babulal patel and 3) Shri Ramakanlh Subhash Jadhav desired to separate their properties and they have parted their properties under mutation entries no 1326 and 1327 dated. 11-06-2012. The below mention land belong to names mention as herein. 1) a) Land bearing Survey No 139/2 admeasuring about 0-15-35 (H-R-p) b) Survey No 140/7C admeasuring about 0-43-0 (H-R-P) Por Kharaba 0-03-0 (H-R-p) c) Survey No l5l/lA admeasuring about 0-76-44 (H-R-P) Pot Kharaba 0-29-0 (H-R-p) and d) survey No Advocate \ 5 l5l/68 admeasuring about 0-41-33 (H-R-P) Pot Kharaba 0-01-0 (H-R-P) Situated at Village Chikhloli, Taluka Ambemath and District Thane belong to Shri Ketan Babulal Patet. 2) a) Land bearing Survey No 139/3 admeasuring about 0-39-93 H-R-P Pot Klaraba 0-03-0 H-R-P b) Survey No 151/1C admeasuring about 0-21-28 H-R-P c) Survey No 151/6C admeasuring about 0-41-34 H-R-P Pot Kharaba 0-01-0 H-R-P and d) Survey No 140/7D admeasuring about 0-43-0 H-R-P Pot Kharaba 0-03-0 H-R-P Situated at Village Chikhloli, Taluka Ambemath and District Thane belong to Shri Ramakanth Subhash Jadhav. 3) a) Land bearing Survey No 139/1 admeasuring about 0-39-82 H-R-P Pot Kharaba 0-03-l H-R-P b) Survey No l40i7A admeasuring about 0-43-0 H-R-P Pot Kharaba 0-03-0 H-R-P c) Survey No l51i 1B admeasuring about 0-21-28 H-R-P and d) Survey No 151/6.4 admeasuring about 0-41-33 H-R-P Pot Kharaba 0-01-0 H-R-P Situated at Village Chikhloti. Taluka Ambemath and District Thane belong to Shri Ramchandra Bajirao Kale. In the circumslances aforesaid:- l) Shri Ketan Babulal Patel was absolutely seized and possessed of or otherwise well and sufficiently entitled to all that piece and parcel of Land bearing Survey Nos i.e Survey No 139/2 admeasuring about 0-15-35 (H-R-P) b) Survey No 140/7C admeasuring about 0-43-0 (H-R-P) Pot Kharaba 0-03-0 (H-R-P) c) Survey No 151/lA admeasuring about 0-76-44 (H-R-P) Pot Kharaba 0-29-0 (H-R-P) d) Survey No 151/68 admeasuring about 0-41-33 (H-R-P) Pot Kharaba 0-01-0 (H-R-P) situated at Village Chikhloli, Taluka Ambernath and District Thane \rlk Advocate 6 2) Shd. Ramchandra Bajirao Kale was absolutely seized and_possess of or otherwise well and sufficiently entitled to all that piece and parcel of Land bearing Survey No 139/1 admeasuring about 0-39-82 (H-R-P) Pot Kharaba 0-03-l (H-R-P) b) Survey No 140/74 admeasuring about 0-43-0 (H-R-P) Pot Kharaba 0-03-0 (H-R-P) c) Survey No 151/lB admeasuring about 0-21-28 (H-R-P) and d) Survey No 151/6A admeasuring about 0-41-33 (H-R-P) Pot Kharaba 0-01-0 (H-R-P) Situated at Village Chikhloli, Taluka Ambemath and District Thane 3) Shri. Ramakanth Subhash Jadhav was absolutely seized and possess of or otherwise well and sufficiently entitled to all that piece and parcel of Land bearing Survey No 139/3 admeasuring aboul 0-39-93 (H-R-P) Pot Kharaba 0-03-0 (H-R-P) b) Survey No l5l/lC admeasuring about 0-2,l-28 (H-R-P) c) Survey No 151/6C admeasuring about 0-41-34 (l{-R-P) Pot Kharaba 0-01-0 (H-R-P) and d) Survey No 140/7D admeasuring about 0-43-0 (H-R-P) Pot Kharaba 0-03-0 H-R-P Situated at Village Chikhloli. Taluka Ambemath and District Thane. Whereas by Agreement for Sale dated 24th July,2012, executed by Shri. Ketan B. Patel and Shri. Ramchandra B Kale have surrendered and handed over the properties bearing survey no. 13911, l4017A, l5l/6A, 15l16B and 151/1B total admeasuring 19,486 sq. meters lying and being situated at Village Chikhloli, Taluka Ambernath, Dist. Thane to Ambemath Municipal Council and the said Agreement for Sale was registered with the Sub Registrar Assurance Ulhasnagar, under serial No. ULN3-3830-2012 DATED 24-07 -2012 and Index II has been A dvo ca t€ -ry T issued for the same. In lieu of said surrender and handover of the properties; the Ambemath Municipal Council has issued Transfer of Development Rights (TDR) Certificate no. AMCA{RV/425 /2012 dated 3 1't July, 201 2 admeasuring 19,486.00 sq. meters. Whereas by Sale Deed dated 4th October, 2012 Shd. Ramakanth Subhash Jadhav have surrendered and handed over the properties bearing Survey No 139/3, l5l/1C. l5l/6C and 140i7D total admeasuring 15255.00 sq. meters to Ambemath Municipal Council and the said Sale Deed has been registered with the Sub Registrar Assurance Ulhasnagar, under serial No. ULN3-5108-2012 DATED 04-10-2012 and Index II has been issued for the same. In lieu of said surrender and handover of the properties; the Ambemath Municipal Council has issued Transfer of Development Rights (TDR) Certificate no. AMC/NRV 183312012 dated 3l't October,20l2 admeasuring about 15255.00 sq. meters. Whereas Shri. Ramakanth Subhash Jadhav has sold the above mentioned Transfer of Development Rights (TDR) Certificate No AMCNRVIS33/2012 dated 3l$ October, 2012 admeasuring 15255.00 sq. meters to Shri. Ketan Babulal Patel through Deed of Transfer of Development Right (TDR) dated 9th November, 2012 and said Deed of Transfer of Development Right (TDR) has been registered with the Sub Registrar Assurance Ulhasnagar, under serial no. ULN3-5867-2012 DATED 09-11-2012. Whereas Shri. Ketan Babulal Patel has obtained development or construction sanction/ permission lrom Ambemath Municipal Council for the Development olLand bearing survey no. 139/2 & 151ilA admeasuring about 12079.00 sq. meters plus 8213.72. sq. meters TDR U $u o Advocate 8 through letter bearing No. ANP/TDP/CP/12 -131982/2198/97 dated 18t12/2012 and Shri. Ketan Babulal Patel has also obtained development or construction permission from Ambemath Municipal Council for the Development of Land bearing survey no. 14017C admeasuring about 4600.00 sq. meters plus 1353.92 sq. meters TDR through letter bearing No. ANP/TDP/CPl l2-13/984/2199/88 dated l8l 1212012. In the circumstances aforesaid, Shri. Ketan Babulal Patel, is absolutely seized and possessed of or otherwise well and sufticiently entitled to piece of lands or ground bearing Survey No. 13912, l40l7c and l5l/1A admeasuring about 16679 sq. meters lying, being and situated at Village Chikhloli. Taluka Ambemath, District Thane and TDR Certificate No AMCNRV/833 /2012 dated,3l'r October, 2012 admeasuring 15255.00 sq. merers, the said properties are more particularly described in Second Schedule. AND WHEREAS Shri. Ketan Babulal Patel has obtained development and construction permission from Ambemath Municipal Council for the Development of Land bearing survey no. 139/2 and l5l/lA admeasuring about 12,079 sq. meters lying and being situated at Viltage Chikhloli, Taluka Ambernath, Dist. Thane along with TDR admeasurin g 8,213.72 sq meters through letter bearing No. ANP/TDP/CP/12-13198212198187 Dt. 1811212012. AND WHEREAS Shri. Ketan Babulal Patel has also obtained development and construction permission irom Ambemath Municipal Council for the Development of Land bearing survey no. 140/7C admeasuring about 4600.00 sq. meter lying and being situated at Village ,rry Advocato {' 9 Chikhloli. Taluka Ambemath. Dist. Thane along with TDR admeasuring 1353.92 sq. meters through letter bearing No. ANP/TDP/CP/12 -13/984/2199188 Dr. tglt2/20t2. Whereas Shri Ketan Babulal Patel has also obtained Commencement Certificate (CC) upto plinth of Land bearing Survey no. 140/7C and Survey no. 13912 & l5l/lA from the Ambemath Municipal Council through letter bearing no. ANP/TDP/CP1|2-1311031 and ANP/TDP/CP/l 2-l3l 1032 both dated 29/12/2012. Whereas Shri. Ketan Babulal Patel has executed Development Agreement dated l8th February, 2013 with the M/s. Karrm Infrastructure Private Limited and given development rights in respect of Land bearing Survey No. 13912, 14017C and 151/lA admeasuring about 16679 sq. meters lying, being and situated at Village Chikhloli, Taluka Ambemath, District Thane along with Transfer of Development Rights (TDR) admeasuring about 9567.64 sq. meter; total development area admeasuring about 26246.64 sq. meters and the said Development Agreement dated l8th February, 2013 has been registered with the Sub Registrar Assurance Ulhasnagar. under serial no. ULN3 l09l/2013 DATED 2010212013. The said properties are more particularly described in Third Schedule hereunder AND WHEREAS Shri. Ketan Babulal Patel has also obtained Two separate N.A. Order for the said Larger Property from the Collectorate Office, Thane through letter no. Mahsul,No.l/T -14nIAP/SR (238112) l21ll3 dated 286 May, 2013 and letter no. Mahsul/l/T -14INAP/SR (23912012) 12312013 dated 28th May, 2013. \-4. Advocate I l0 AND WHEREAS Shri. Ketan Babulal Patel has also obtained Fu(her commencement certificate (cC) for the said Larger Property lrom the Ambemarh Municipal council through letter bearing no. ANP,TI.IRV/2013-20141285 dated 05-06-2013 and ANp/NRV/2013- 2014/286 dated 05-06-20 I 3. whereas Shri. Ketan Babulal Patel has executed Power of Attomey dated 7rh June, 2013 to the M/s. Karrm Infrastructure Private Limited for Development Rights in respect of said Properties more particularly described in Second Schedule hereunder and the said power of Aftomey dated 7th June, 2013 was registered with the Sub Registrar Assurance ulhasnagar, under serial no. ULN3/3446I/2013 DATED 07t\6l2\l3. AND WHEREAS shd. Ketan Babulal Patel has also obtained rwo separate Final commencement certificate (cc) for the said Larger Property from the Ambemath Municipal Council through letter bearing no. ANPNRV/2OI3-20141426 dated 03-07-2013 and ANPNRV/20 I 3 -201 41 427 dated 03-07-20 I 3. A M/s. Karrm Buildcon (previously known as "M/s. Ekkta Buildcon) and M/s. Karrm Infrastructure Pvt. Ltd executed Deed ol Mortgage dated 27th November,2014 with Dewan Housing Finance corporation Ltd for PRoJECT FINANCE of Karrm Residency project and have mortgage land bearing Survey No 166ll11,166ll12, 16612. 167/1. 167/2. 16912, 170. 172/1, 172l2ll(Part). 1721212 (Part). t7212t3, 172/2t4, 172t2t5, 172t2t6. 172t2t7. 1721218. l73l1ll,1731112, 178/15, and 17915, admeasuring total area 46 Acres 30 Gunthas and Karrm Gardens Project being constructed on land bearing survey no. 139/2, l4ol7c & 151/A area admeasuring about 16,679 Sq.mtrs and unsold Flats/Units to be constructed on the said Project. The said Deed of Mortgage was duly registered at the Sub Registrar office \'ry' A d v ocate Shahapur bearing registration no. SHP/6510/2014 dated 27th November, 2014. Further the M/s Karrm Infiastructure Prt Ltd has extended the charge on the said Project by registering the Deed of Mortgage bearing reg no. SHP/3888/2017 dated 29th April2017. A. Following are the litigation on part ofthe proiect land. Sr.no Case no. Suit Survey no Parties name Court Special Civil Court Suit- Survey Murlidhar Pichad & one Case no. no.139,140 & other ViS Janikibai Kalyan Civil court I 16112012 l5l Mukane & 2l others (Civil Judge (S.D) Waman Mhatre V/s 1) Ramchandra Kale & 13 Survey others 2) Ketan Babulal Regular Civil no.139.140 & Patel 3) Ramakanth 2 Suit no.88/2014 l5l Jadhav & ors At Ulhasnagar, Court However till date no adverse order have been passed which would in any manner affect and/or prejudice the rights of the Developer to the Project Land. Under the said Development Agreement and Power of Attomey the Land Owner Shri. Ketan B Patel hereby permitted the Developers i.e. M/s. Karrm Infrastructure Private Limited to Allot. Sell and Transler on Ownership basis, the Flats, Units, Premises in the buildings constructed by the Developers at its own cost on the Larger Property for such consideration and on such other terms, conditions, covenants, stipulations and provisions as may be decided and deemed fit by the Developers and for this purpose to sign and execute the necessary agreements, deeds documents and writing with the Purchasers/Transferee of the same. \re Advocate 12 In view of what is stated aforesaid and subject to whatever is stated herein, I am of the opinion that Karrm Infrastructure Pvt. Ltd., are well and sufficiently entitled to develop the Properties, subject to I ) Mortgage created in favour of Dewan Housing Finance Corporation Ltd as mentioned hereinabove and 2) litigations mentioned hereinabove 3) compliance ofthe permissions and sanctions granted in its favour by the competent authorities. FIRST s('H I_ I)t't_E All that piece and parcel of Land bearing Survey Nos i.e. Survey No 139 admeasuring about l-01-2 (H-R-P), Survey No 140/7 admeasuring about 1-38-0 (H-R-P), Survey No l5l/1, admeasuring about 1-48-0 (H-R-P), and Survey No l5l/6 admeasuring about 1-27-0 (H-R-P) Situated at Village Chikhloli, Taluka Ambemath and District Thane. SECOND SCHEDT]LE All thal piece and parcel of Land Survey No. 139/2, 14017C and l5li1A admeasuring about 16.679 sq. meters lying, being and situated at Village Chikhloli, Taluka Ambemath, District Thane and TDR Certificate No AMC,NRV/83312012 dated 3l't October, 2012 admeasuring 15255.00 sq. meters. \t& AdYo c at e l3 TH!RI) DTII,F:, All that piece and parcel of Land bearing Survey No. 139/2, 14017C and 151/lA admeasuring about 16679 sq. meters lying, being and situated at Village Chikhloli. Taluka Ambemath. District Thane along with Transfer of Development fughts (TDR) admeasuring about 9567 .64 sq. meter. total development area admeasuring about 26246.64 sq. Meters. ADV. MEHUL PAGARE C-709. Sea Queen Paradise, Plot No. 261 & 262, Sector '10, Kharghar, Navi Mumbai- 410 210 w\I t4