Assignment No.

15: Deed of Confirmation

Mr.Manjunath is a resident of Bengaluru and owns a land of 2Acres in Kengeri which

he got as an ancestral property. He died intestate on 11/10/2000 leaving behind wife,
one son and two daughters. Since then his wife Shantamma got the R of R’s
transferred to her name and looking after the said land. She also died on 20/01/2018
by writing an unregistered Will in which she transferred the whole property only in
favour of daughters. After the death of Shantamma both the daughters got the
property transferred in their name on the basis of the Will. Further, on 23/03/2019
they sold said property to M/s. Galaxy Enterprises. Being deprived of the right in the
property the son of Manjunath and Shantamma sued both the sisters claiming for
share in the property by way of partition. He added M/s.Galaxy Enterprises also as
parties to the case as they purchased the property. Then officials of Galaxy
Enterprises intervened and deliberated with both parties and amicably settled the
issue. Now, both the parties are ready to execute the deed of confirmation towards
the sale so happened between daughters and the Enterprise. Draft a Deed of
Confirmation.
 CONFIRMATION DEED

THIS DEED OF CONFIRMATION is made on this the Nineteenth Day of

November Two Thousand Fifteen (19.11.2015) At Bengaluru,

BY:

1.Smt.LAKSHMAMMA,
D/o. Late.Narayanamma,
W/o.Krishnappa,
Aged about 75 years,
R/at. No.160,
Cholanayakanahalli,
Sumangali Sevashrama Road,
RT Nagar, Bangalore-560 032.

2.Smt.MANJULA,
D/o. Late.Muniramaiah and Late.Kempalamma,
W/o.R.Nagaraj,
Aged about 48 years,
R/at. No.191,
Opposite to BBMP Office,
Thanisandra, SK Nagar Post,
Bangalore-560 077.

3.Smt.SARASWATHI,
D/o. late Muniramaiah and late Kempalamma
Aged about 40 years,
R/at. No.191,
Opposite to BBMP Office,
Thanisandra, SK Nagar Post,
Bangalore-560 077.

4.Smt.MUNIRATHNAMMA,
D/o. late Neelamma,
W/o. late Jagannath,
Aged about 50 years,
R/at. No.23
Jaganna Building,
Hanuman Layout,
Ramachandrapura,
Jalahalli Post,
Bangalore -560 013.

5.Smt.MANJULA.M,
D/o. late Neelamma,
W/o. Anjinappa
Aged about 40 years,
R/at. No.160,
Cholanayakanahalli,
Sumangali Sevashrama Road,
RT Nagar,
Bangalore-560 032.
(Hereinafter referred to as the PARTIES OF THE FIRST PART):

IN FAVOUR OF:

M/s. GALAXY CONTRUCTIONS,

No.18, 2nd Main, 8th Cross,
Vasanthnagar,
Bangalore-560 052,
Represented by its Managing Partner,
Sri.Shailesh D Malhotra,
S/o. D.B.Malhotra,
Aged about 50 years.

(Hereinafter referred to as the SECOND PARTY):

(That the terms first and second party, which expression shall wherever the
context so requires or admit mean and include their respective legal heirs,
representatives, executors, successors, Partners, assignees, etc.)

WITNESSETH AS FOLLOWS:

WHEREAS, all that piece and parcel of the immovable property bearing
Sy.No.5/1 measuring 1 Acre 25 Guntas of Hebbal Village, Bangalore North
Taluk, Bangalore, was originally acquired by Sri. Sreekanta Shastri son of
Sri.Chikka Venkatarama Shastri under a Sale Deed dated 29/07/1942, which
is registered as Document No.436/1942-43, Book-1, Volume No.597, at pages
17 to 18, in the office of Sub-Registrar, Bangalore Taluk, from its previous
owner Sri.Venkataramana.

WHEREAS, the said Sri.Sreekanta Shastri has sold the above property
measuring 1 Acre 25 Guntas in favour of Sri.Kempanna S/o.Kempaiah, under a
Sale Deed dated 23.12.1946, which is registered as Document No.3719/1946-
47, Book-I, Volume No.872, at pages 241-243, in the office of Sub-Registrar,
Bangalore Taluk. That in turn the said Sri.Kempanna sold the above property
in Sy.No.5/1 of Hebbal Village, measuring 1 Acre 25 Guntas in favour of
Smt.Narayanamma, W/o. Sri.Rangole Kempanna in terms of Sale Deed which
is registered as Document No.6450/1956-57, dated 21/11/1956, Book-I,
Volume No.1575, at Pages 230-232, in the office of Sub-Registrar, Bangalore
Taluk.

WHEREAS, the said Smt.Narayanamma was married to Sri.Rangole

Kempanna and out of the said wedlock they have four daughters namely:

a) Smt.Kempamma @ Kempalamma

b) Smt.Lakshmamma

c) Smt.Neelamma

d) Smt.Sharadamma

WHEREAS, the said Smt.Narayanamma has acquired the said property out
of her own funds and as such it is her self-acquired property. That
Smt.Narayanamma has bequeathed the said property in favour of her
daughter Smt.Sharadamma, under unregistered Will dated 14/08/1985. That
Smt. Narayanamma died on 08/03/1987 and upon her demise, her daughter
Smt. Sharadamma acquired the property in Sy.No.5/1 measuring 1 Acre 25
Guntas and became the absolute owner thereof. Subsequently
Smt.Sharadamma has got transferred the Khatha of the said property in her
name vide MR No.2/1997-98. Thus Smt. Sharadamma has acquired absolute
title and interest and was in peaceful possession and enjoyment of the said
property.

WHEREAS, the said Smt.Sharadamma along with her children

Sri.Mahadesh, Smt.Shoba, Smt.Manjesha, Smt.Ambika and Smt.Neelamma
have sold portion of the above said property bearing Municipal No.63, (being
portion of lands in Sy.No.5/1, of Hebbal Village), 4th Main, Sumangali
Sevashram Road, Hebbal Municipal Ward No.96, PID No.96-77-63, measuring
east to west 63.5 feet and north to south 60 feet, in all measuring 3810 Sq.ft,
under Sale Deed dated 25.06.2002, in favour of the second party, which is
registered as Document No.832/2002-03, Stored in CD No.HBBD38, Book-I, in
the office of the Sub-Registrar Hebbal, Bangalore, for valuable sale
consideration, which is more fully and particularly described in the schedule
hereunder and hereinafter referred to as Schedule Property.

WHEREAS, the second party has applied for transfer of Khatha in its name
with the revenue department of Bruhath Bangalore Mahanagara Palike. That
the Bruhath Bangalore Mahanagara Palike has issued the Khatha in the name
of the second party and in turn the second party has assessed the property to
revenue and has paid property taxes up-to-date to the Bruhath Bangalore
Mahanagara Palike. That the Second Party is the absolute owner by virtue of
acquisition of the property under the Sale Deeds as stated supra and is in
peaceful possession and enjoyment of the same.

WHEREAS, the parties of the first part have filed original suit before the
Hon’ble City Civil Judge, Bangalore, (CCH-10) in O.S.No.4895/2006 against
Smt.Sharadamma & Others including the second party herein seeking for the
relief of partition and separate possession of the larger extent of land in
Sy.No.5/1, Hebbal Village, Kasaba Hobli, Bangalore North Taluk, measuring 1
Acre 25 Guntas. Similarly they have filed another original suit before the
Hon’ble City Civil Judge, Bangalore, (CCH-38), in O.S.No.9758/2007, against
Smt.Sharadamma & Others challenging the unregistered Will dated
08/03/1987 executed by late Smt.Narayanamma in favour of her daughter
Smt.Sharadamma. Smt.Kempamma @ Kempalamma, the first daughter of the
late Smt.Narayanamma died on 12/04/2002 and subsequently her husband
Sri.Muniramaiah died on 10/05/2007 leaving behind them their children
Smt.Manjula, Smt.Saraswathi and Sri. Gangaraju. That Sri. Gangaraju who was
unmarried died intestate on 10/04/2007, thus Smt. Manjula and Smt.
Saraswathi alone are the legal heirs of Smt. Kempamma @ Kempalamma.
 WHEREAS, the parties of the first Part herein at the intervention of well-
wishers and friends have come to an amicable settlement to resolve the
disputes arising out of the above referred suits and to compromise the matter
in respect of the schedule property. That the parties of the first part have
agreed to file the compromise petition in O.S.No. 9758/2007, in order to put an
end to the ongoing litigation. That though Smt. Lakshmamma and others
have no right, title or interest over the schedule property, but in order to buy
peace and to put an end to the litigation, the Second Party has approached
the parties of the first part and has settled the claims of the parties of the first
part. That in turn the parties of the first part have agreed to execute this
confirmation Deed to confirm the Sale Deeds executed in favour of the
Second Party.

NOW THIS DEED OF CONFIRMATION WITNESSETH AS FOLLOWS:

1. That the parties of the First Part do hereby confirm and state that Smt.
Narayanamma was the absolute owner of the entire lands in Sy.No. 5/1 of
Hebbal Village, Kasaba Hobli, Bangalore North Taluk, measuring 1 Acre 25
Guntas. That Smt.Narayanamma has executed unregistered Will in respect of
the said land in favour of Smt. Sharadamma and in turn the said Smt.
Sharadamma has acquired right, title and interest in respect of the said
property and became absolute owner thereof.

2. That the parties of the First Part hereby confirm and state that they are
aware that Smt. Sharadamma and others have sold the schedule property
which they have acquired under the Will as stated supra in favour of the
second party under a Sale Deed dated 25.06.2002, which is registered as
Document No.832/2002-03, Stored in CD No.HBBD38, Book-I, in the office of
the Sub-Registrar Hebbal, Bangalore. That the said Sale Deed is duly executed
for valuable sale consideration and the second party has been put in vacant
physical possession of the property so conveyed under the said Sale Deeds.
3. That on execution of this Confirmation Deed the parties of the First Part
hereby declare and affirm that they have relinquished and abandoned all their
rights, title and interest over the schedule property in favour of the Second
Party. The parties of the first part confirm that the Second Party is the
absolute owner of the schedule property.

4. That the parties of the First Part hereby release, relinquish and abandon
all their right, title and interest if any existed over the schedule property so as
to enable the Second Party to claim absolute ownership free from all claims
and demands and enjoy the same absolutely and forever.

5. That the parties of the First Part confirm and affirm that the party of the
Second Part shall hold the schedule composite property quietly and peacefully
and enjoy thereof without any let or hindrance, interruption, claim or demand
by the covenanting party/s, their heirs, executors, administrators and assigns
or any person claiming through or under them.
 SCHEDULE PROPERTY

All that property being a residential site presently forming part of

municipal No.63, (Portion of Sy.No.5/1), 4th Main Road, Sumangali Sevashram
Road, Hebbal, Municipal Ward No.96, PID No.96-77-63, Bangalore, measuring
east to west 63.5 feet and north to south 63 feet and in all measuring 3810
Sq.ft and bounded as follows:

East: Remaining property in erstwhile Sy.No.5/1 and

presently Municipal No.27
West: Private Property in erstwhile Sy.No.7,
North: Sumangali Sevashrama Road,
South: Erstwhile Sy.No.5/2 and presently Municipal No.27

IN WITNESS WHEREOF, the parties have affixed their signatures to this

Deed on the day, month and year first above written in the presence of the
following witnesses:-

WITNESSES:

1.
1. Smt.LAKSHMAMMA

2. Smt.MANJULA
2.

3. Smt.SARASWATHI

4. Smt.MUNIRATHNAMMA

5. Smt.MANJULA.N
(PARTIES OF THE FIRST PART)

Sri.Shailesh D. Malhotra
For Galaxy Constructions
(SECOND PARTY)