Kusuma R. Muniraju Kusuma Kaushik B.S. shankarnarayan « S. Venkateshwara Rao « J. Ravi Sunder «TK Thyagaraj« M.S. Sanjeeva Kumar «Geetha H.G. 1+ BN Dileep Kumar « Basavara. B.R.« NL, Maheshovara Prasad « “Nupur Kabra Mundhra Dt: 29/10/2018. Mis. SBR HABIITAT LLP, Sy.No.24/5, Kadugodi - Hosakote Main Road, Seegehalii Village, BANGALORE — 560 067. Sirs, Sub: Title Opinion in respect of Property measuring 02 Acres 25.838 Guntas in Sy.No.77 (part of Old Sy.No.64) of Katamanallur Village, Bidarahalli Hobli, Hosakote Taluk, presently Bangalore East Taluk duly converted for non- agricultural residential purposes vide Conversion Order bearing No.ALN (EBK) SR46/2016-17 dated 05/05/2017 issued by The Deputy Commissioner, Bangalore District | am furnished with photocopies of the following documents and my opinion is as follows: st. DATE. | NATURE OF THE DOCUMENTS No. 4 71/10/2018 | Endorsement issued by The Tahsildar, Hosakote Taluk stating that Grant Cerificate bearing No.SC.100/1968-69 is not available in his office records. 2 FAjO9/1979 | Revision No.202/77 on the file of The Karnataka Appellate Tribunal, Bangalore filed by Sri.G.V.Vishweshwara lyer and others. 3. Mutation Register Extract bearing M.R.No.10/1991-92 issued by Revenue Authorities mutated the revenue records in the name of Sri.G.V.Vishweshwara lyer as ‘owner and khatedar in respect of Property measuring 03 ‘Acres 04 Guntas in Sy.No.77 (part of Old Sy.No.64) of iz Katamanallur Village. 1No.101, “Eden Pari, Opp. UB City | Ast Foor, 26, Vittal Mallya Road_| Mahaveer Complex Bangalore ~ 5600001 | Kempagawda Road {otf 080-22217971, 22109640 Bangalore - 560 009 (Fax) 080-22242397 | (Off) 080-22266383 Page tof kusumamuniraiu@amailcom — krmkusumiaadvocates@amail.com ‘worw, kusumaadvocates.com05/12/1870 “a KUSUMA ADVOCATES Certified copy of Sale Deed executed by | Sri.G.V.Vishweshwara Iyer in favour of Sri.L.N.Munirathna | Selty, registered as Document No.3429/1970-71, in Book-, Volume 1295, at Pages 16 to 18, in the Office of the Sub-Registrar, Hosakote Mutation Register Extract bearing M.R.No.11/1991-02 issued by Revenue Authorities mutated the revenue records in the name of Sri.L.N.Munirathna Setty as owner and khatedar in respect of Property measuring 03 Acres 04 Guntas in Sy.No.77 (part of Old Sy.No.64) of| Katamanallur Village. | Notarized Family Tree of Sri.L.M.Narayana Setty. 15/07/1999 Partition Deed entered into between Sri..N.Munirathna Setty and five others registered as Document No.914/1989-2000, in Book-1, Volume 2258, at pages 1 to 12, in the Office of the Sub-Registrar, Hosakote. Mutation Register Extract bearing M.R.No.19/2004-05 issued by Revenue Authorities in respect of property bearing Sy.No.77 of Katamanallur Village. 9/0/1997 Release Deed executed by Miss.Sowmya M Setty in favour of Sril.NMunirathnam Setty, SmtPadma Munirathnam, SriSanjay M and Miss.Swetha M_ Setty registered as Document No.521/1997-98, in Book-|, Volume 386, at pages 101 to 106, in the Office of the Sub-Registrar, Shivajinagar. 10. 02/07/2003 Release Deed executed by SmtShwetha M Setty in favour of Sri.L.N.Munirathnam Setty, Smt.Padma Munirathnam, SriSanjay M_ registered as Document No.1759/2003-04, in Book-I, in the Office of the Sub- Registrar, Shivajinagar. 7 2706/2013 Certified copy of Release Deed executed by SmtPadma M, Sri.Sanjay M in favour of Sri.L.N.Munirathna Setty registered as Document No,1943/2013-14, in Book-| and stored in C.D.No.HLSD 82, in the Office of the Sub- Registrar, Ulsoor, Bangalore. 12. 16/01/2008 ted Z |General Power of Attorney executed by Ms.Avanthi S Guptha in favour of her father SriL.N.Sreenivas Guptha and her mother SmtAruna Sreenivas registered as Document No.369/2008-09, in Book-IV and stored in C.D.NoJAYD 106, in the Office of the Sub-Registrar, Jayanagar, Bangalore. Page of 113. 27/06/2015 General Power of Attomey executed by SmtShruthi Guptha in favour of SmtL.N.Sreenivas and Smt.Aruna Srinivas registered as Document No.329/2015-16, in Book-IV and stored in C.D.No.JAYD 230, in the Office of the Sub-Registrar, Jayanagar, Bangalore. 14 23/10/2008 Notice issued by The Assistant Commissioner and the | Competent Authority, NH-4, Mulbagal ~ Kolar ~ Bangalore | Section), Kolar. 15. 16. 2410412017 | Joint Development Agreement entered into between (1) | Sri.L.N.Radhakrishna Setty and others registered as | Document No.2230/2017-18, in Book-| and stored in| C.D.No.SHVD 253, in the Office of the Sub-Registrar, | Shivajinagar. 2404/2017 General Power of Attorney executed by SriL.N.Radhakrishna Setty and others in favour of Mis.SBR HABIITAT LLP registered as Document No.223/2017-18, in Book-IV and stored in C.D.No.SHVD 253, in the Office of the Sub-Registrar, Shivajinagar. 17. 05/05/2017 Conversion Order bearing NoALN (E.B.K) SR/46/2016- 17 issued by The Deputy Commissioner, Bangalore District in respect of property measuring 03 Acres 04 Guntas in Sy.No.77 of Katamanallur Village. 78. Pahanies for the period from 2002-03 and 2017-18 issued by Revenue Authorities in respect of Property measuring 03 Acres 00 Guntas of Cultivable Land and 04 Guntas Kharab Land in Sy.No.77 of Katamanallur Village. 49. Tippani issued by Revenue Authorities in respect of Property bearing Sy.No.77 of Katamanallur Village. 20. 07/06/2018 Endorsement issued by Superintendent, Revenue Department, Bangalore North Taluk with respect to non- availability of Akarbandh in respect of the Schedule Property. 24 Village Map of Katamanallur Village. 22. 44/4212016 10/03/2017 Nil Tenancy Certificates issued by Tahsidar, Bangalore East Taluk in respect of property bearing Sy.No.77 of Katamanallur Village. 23. 24/11/2016 bt Endorsement issued by The Assistant Commissioner, Bangalore North Sub-Division stating that there are no proceedings initiated for violation of Section 79-A and 79-B of the Karnataka Land Reforms Act, 1961 in respect f Property bearing Sy.No.77 of Katamanallur Village. Page of 1124, | 24/11/2016 [Endorsement issued by The Assistant Commissioner, Bangalore North Sub-Division stating that there are no proceedings initiated under Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978 in respect of Property bearing Sy.No.77 of Katamanallur Village. 28. | 28/02/2017 | Endorsement issued by The Special Land Acquisition Officer, Bangalore stating that property in Sy.No.77 of Katamanallur Village. 26. 01/03/2017 [Endorsement issued by The Special Land Acquisition | Officer-2, KIADB in respect of property bearing Sy.No.77 of Katamanallur Village. 27 28/02/2017 | Endorsement issued by The Assistant Commissioner (land Acquisition), BDA in respect of property bearing Sy.No.77 of Katamanaliur Village. 28. ‘Tax Paid Reosipt for the year 2017-18 issued by Dodda Banahalli Grama Panchayath. 23. 4 Encumbrance Cerlificate for the period from 01/04/1960 | to 31/03/2004 in respect of property measuring 03 Acres | 04 Guntas in Sy.No.77 of Katamanallur Village, 30. Encumbrance Certificate for the period from 07/04/1009 to 31/03/2004 in respect of property measuring 00 Acre 34 Guntas in Sy.No.77 of Katamanailur Village. 31 ‘Encumbrance Certificate for the period from 01/04/2004 and 04/05/2018 in respect of Property bearing Sy.No.77 | of Katamanallur Village. | DESCRIPTION OF THE PROPERTY: All that Property measuring 02 Acres 25.838 Guntas in Sy.No.77 (part of Old Sy.No.64) of Katamanallur Village, Bidarahalli Hobli, Hosakote Taluk, presently Bangalore East Taluk duly converted for non-agricultural residential purpose vide Conversion Order bearing No.ALN (E.B.K) SR/46/2016-17 dated 06/05/2017 issued by The Deputy Commissioner, Bangalore District and bounded by: East Private Property; | West : Private Property; North Service Road of Old Madras Road; and South : Private Property. fom K taxa Page #0f ILSOURCE OF TITLE: ‘The property referred to above will be hereinafter referred to as ‘Schedule Property’ for convenience, The Property measuring 03 Acres in Sy.No.64 of Katamanallur Village was granted in favour of Sr.G.V.Vishweshwara lyer and The Tahsildar, | Hoskote Taluk issued a Grant Certificate bearing No.S C 100/1968-69 dated 02/04/1970 in his favour. | am not made available with aforesaid Grant Order and Grant Certificate issued in the name of Sri.G.V.Vishweshwara lyer and the said fact is evidenced from recitals of Sale Deed dated 05/12/1970 and the proceedings referred to below. | am not made available the Grant Certificate but an Eridorsement dated 11/10/2018 is issued by the Tahsildar, Hosakote Taluk confirming that aforesaid Grant Certificate bearing No. S C 100/1968-69 is not available in his office records. And The Special Deputy Commissioner, Bangalore vide his Order passed in Appeal No.264 A dated 30/08/1973 cancelled the said Grant Certificate issued by The Tahsildar, Hoskote Taluk. Aggrieved by the aforesaid Order of The Special Deputy Commissioner, Bangalore, Sri.G.V.Vishweshwara Iyer preferred an Appeal No.202/77 on the file of the Karnataka Appellate Tribunal (KAT) at Bangalore and accordingly, Karnataka Appellate Tribunal vide its Oder dated 24/09/1979 set aside the impugned order passed by The Special Deputy Commissioner, Bangalore and thereby the Grant Certificate passed by The Tahsildar, Hosakote was sustained and thereby Sri.G.V.Vishweshwara Iyer continued to enjoy the said land as owner. The Property bearing Sy.No.64 was subjected to resurvey and on such re-survey, the | property measuring 03 Actes 00 Guntas Cultivable Land and 04 Guntas Kharab Land in all measuring 03 Acres 04 Guntas was assigned with Sy.No.77, which is hereinafter referred to as ‘Larger Property’ The said Sri.G.V.Vishweshwara Iyer later sold the Larger Property in favour of Sri.L.N.Munirathna Setty in terms of a Sale Deed dated 05/12/1970, registered as Document No.3429/1970-71, in Book-l, Volume 1295, at Pages 16 to 18, in the Office of the Sub-Registrar, Hosekote and thus from the date of sale, Cue bad, Page S ofSri.L.N.Munirathna Setty started enjoying the same as owner and his name came to | be mutated in the revenue records as owner and khatedar vide Mutation Register Extract bearing M.R.No.11/1991-92. The said SriL.N.Munirathna Setty treated the Larger Property as his joint family property, he started enjoying the Larger Property along with his father viz., Sri.L.M.Narayana Setty and his mother viz., Smt.Vishalakshamma and his brothers namely Sri.N.Radhakrishna Selty, SriL.N.Prakash Guptha, Sri.L.N.Srinivasa Guptha, SriL.N.Shekar and his sister Smt.Kanyakumari. Family Tree of Sri.L.M.Narayana Setty by way of an affidavit sworn to by his son Sri.L.N.Shekar before Notary is produced for perusal and same confirms particulars of his aforesaid family members. The said SriL.M.Narayana Setty died on 13/01/1991 and his wife viz, SmtVishalakshamma died intestate on 30/12/1996 leaving behind them, their children namely (1) Sri.L.N.Munirathna Setty, (2) Sri.L.N.Radhakrishna Setty, (3) SVi.L.N.Prakash Guptha, (4) SriL.N.Srinivasa Guptha, (5) SriL.N.Shekar and (6) SmtKanyakumari to succeed to their estate including the Larger Property and thus after the demise of Sti.L.M.Narayana Setty, his elder son Sri.L.N.Munirathna Setty became the kartha of the joint family and managing its affairs. And after demise of Sri.L.M.Narayana Setty and his wife Smt. Vishalakshamma, their sons namely (1) SriL.N.Munirathna Setty, (2, SriL.N.Radhakrishna Setty, (3) Sri.L.N.Prakash Guptha, (4) Sri.L.N.Srinivasa Guptha and (5) Sri.L.N.Shekar entered into an Oral family arrangement on 21/06/1999, pursuant thereto they have drawn Memorandum of Family Arrangement on 23/06/1999 wherein they have divided the joint family properties amongst themselves. Subsequently the aforesaid joint family members along with their sister namely Smt.Kanyakumari executed a Deed of Partition dated 13/07/1999 registered as Document No.914/1999-2000, in Book-t, Volume 2288, at pages 1 to 12, in the Office of the Sub-Registrar, Hoskote and in the said partition, the Larger Property was allotted in favour of Sri.L.N.Munirathna Setty and others as fglows: jy hye FT em Page 6 of 11a KUSUMA 1). Property measuring 00 Acre 22 Guntas including 01 Gunta Kharab Land was allotted to the share of Sri.L.N.Munirathna Setty as per Schedule 'B’ to the deed, 2) Property measuring 00 Acre 34 Guntas including 01 Gunta Kharab Land was allotted to the share of Sri.L.N.Radhakrishna Setty as per Schedule ‘C’ to the deed, 3). Property measuring 00 Acre 34 Guntas including 01 Gunta Kharab Land was allotted to the share of Sri.L.N.Srinivas Guptha as Schedule ‘E’ to the deed, 4). Property measuring 00 Acre 34 Guntas including 01 Gunta Kharab Land was allotted to the share of Sri.L.N.Shekar as Schedule 'F’ to the deed, ‘Thevaforesaid allottees thereby started enjoying their respective portions in the Larger Property as absolute owners and accordingly their names came to be mutated in the revenue records as owners and khatedars vide Mutation Register Extract bearing M.R.No.19/2004-05. ‘And one of the daughters of Sri.L.N.Munirathnam Setty also known as Munirathna Setty namely Miss.Sowmya M Setty released and relinquished all her right, title and ‘erest over the joint family properties in favour of her father, mother, brother and sister namely Sri.L.N.Munirathnam Setty, Smt.Padma Munirathnam, Sti.Sanjay M and Smt.Shwetha M Setty in terms of a Release Deed dated 09/10/1997, registered as Document No.521/1997-98, in Book-I, Volume 386, at pages 101 to 106, in the Office | of the Sub-Registrar, Shivajinagar, Bangalore arid thereby Sri.L.N.Munirathnam Setty, SmtPadma Munirathnam, SriSanjay M and Smt:Shwetha M Setty continued enjoy their family properties. The aforesaid SmtShwetha M Setty also released and relinquished all her right, title and interest over the joint family properties in favour of her father, mother and brother namely Sri.L.N.Munirathnam Setty, Smt.Padma Munirathnam, Sri.Sanjay M in terms of a Release Deed dated 02/07/2003, registered as Document No.1759/2003-04, in Book-I, in the Office of the Sub-Registrar, Shivajinagar and thereby Sri.L.N.Munirathnam Setty and others continued enjoy their | family properties. Panag ae fet age 7 of Lta4 KUSUMA Later wife and son of Sti.L.N.Munirathnam Setty viz., Smt.Padma M and Sri,Sanjay M also released and relinquished all their right, title and Interest over the Property measuring 00 Acre 21 Guntas in Sy.No.77 of Katamanallur Vilage in favour of Sri.L.N.Munirathnam Setty in terms of a Release Deed dated 27/06/2013, registered as Document No, 1943/2013-14, in Book-| and stored in C.D.No,HLSD82, in the Office of the Sub-Registrar, Ulsoor, Bangalore and thereby Sri.L.N.Munirathnam Setty continued to enjoy the said Property as absolute owner allotted to him under the Partition Deed dated 13/07/1999. Thereafter, daughters of Sri.L.N.Sreenivas Guptha namely SmtAvanthi S Guptha and sint'Shruthi § Guptha also executed General Powers of Attorney in favour of their father and mother namely Sri.L.N.Sreenivas Guptha and Smt.Aruna Sreenivas to do all necessary acts, deeds and things deems fit on their behalf vide (!) General power of Attorney dated 15/01/2009 executed by SmtAvanthi S Guptha registered as Document No.369/2008-09, in Book-IV and stored in C.D.No.JAYD 106 and (ii) General power of Attomey dated 27/06/2015 executed by SmtShruthi S Guptha registered as Document No.329/2015-15, in Book-IV and stored in C.0.No.JAYD 230 and both registered in the Office of the ‘Sub-Registrar, Jayanagar, Bangalore. Subsequently portions of the Larger Properly owned and possessed by SriL.NMunirathna Setty and his three brothers were acquired for widening of National Highway 4 (Mulabagilu — Kolara — Bangalore Section) viz., () 113.42 Sq.Mts in Sy.No.77, {ii) 433.31 Sq.Mtrs in ‘Sy.No.77 and Gi) 639.13 Sq.Mts in Sy.No.77 and after such acquisition, Sri.L.N. Munirathna Setty and others continued to retain remaining portions in Larger Property as follows: (i) Sri.L.N.Sreenivasa Gupta continued to retain the Property measuring 00 Acre 32.88 Guntas in Sy.No.77, (ii) SriL.NShekar continued to retain Property measuring 00 Acre 29.72 Guntas in SY.No.77, (iii) Sri.L.N.Munirathna Setty continued to retain Property measuring 00 Acre 9.238 Gutas in Sy.No.77 and (Wv) Sri Property measuring 34 Guntas in Sy.No.77 in all measuring 02 Acres 25.838 Guntas, N.Radhakrishna Setty continued to enjoy which is hereinafter referred to as ‘Schedule Property’ free fae Page 8 of TLThe aforesaid (1) Sri.L.N.Radhakrishna Setty and his children viz., (1.2) StiSanthosh R, (1.b) SmtSuma Shivakumar, (2) Sri.L.N.Sreenivasa Guptha and his daughters viz., {(2.a) Smt-Shruthi S Guptha, (2.0) SmLAvanthi S Guptha , (3) SriL.N.Shekar and his son by name (3.2) SriRitesh S, (4) SriL.N.Munirathna Setty and his son by name (4.a) SriMSanjay being desirous of developing the Schedule Property into ‘Residential and Commercial Buildings’ entrusted the same to M/s.SBR HABITAT LLP in terms of a Joint Development Agreement dated 24/04/2017, registered as Document No.2230/2017-18, in Book-| and stored in C.D.No.SHVD 253, in the Office of the Sub-Registrar, Shivajinagar, Bangalore and similarly they have also executed a General Power of Attomey in favour of M/s.SBR HABITAT LLP in terms of a General Power of Attorney dated 24/04/2017, registered as Document No.223/2017-18, in Book-lV and stored in C.D.No.SHVD 253, in the Office of the Sub-Registrar, ‘Shivajinagar, Bangalore and empowered them to sell the Developer's share. The said Sri.L.N.Munirathna Setty and others got converted the Larger Property measuring 03 Acres 04 Guntas including 04 Guntas Kharab Land from agricultural purpose to non-agricultural residential purpose vide Conversion Order bearing No.ALN (E.B.K) SR/46/2016-17 dated 05/05/2017 issued by The Deputy Commissioner, Bangalore District and thereby the said property ceased to be an agricultural land became fit for non-agricultural residential purpose. Taking into account the extent of land in Sy.No.77 entrusted for Joint Development, ‘the land acquired for formation of road and the areas converted, there is a “uiscrepancy in the area of the Property bearing Sy.No.77. | am also informed that part of the Larger Property is lost to neighbors for the purpose of ingress and egress to the neighbors of property abutting and behind the Schedule Property. The said discrepancy will not affect the file of Sri.L.N.Munirathna Setty and other allottees as they are confirming their ownership to a lesser extent than they are entitled. oat pebey ~ Page 9 of 1.a4 KUSUMA Regarding Revenue documents, Pahanies for the period between 2002-03 and 2017- 48 issued by Revenue Authorities records the names of Sr.L.N.Munirathna Setty, SriL.N-Radhakrishna Setty, Sri.L.N.Srinivasa Guptha and Sri.L.N.Shekar as owners and khatedars in respect of their respective portions in the Larger Property during the said period and the same do not disclose any tenancy or other claims in respect of the Schedule Property. Tippani confirms that Sri.G.V.Vishweshwara lyer was earlier owner of the Schedule Property, Endorsement dated 07/06/2018 issued by Superintendent, Revenue Department, Bangalore North Taluk with respect to non- availability of Akarbandh in respect of the Schedule Property. Village Map of Katamanallur confirms the location of the Property bearing Sy.No.77 in the said village. Nil Tenancy Certificates dated 14/12/2016 and 10/03/2017 issued by The Tahsildar, Bangalore East Taluk confirms that there are no tenancy claims in respect of the Schedule Property. Endorsement dated 24/11/2016 issued by The Assistant Commissioner, Bangalore North Sub-Division stating that there are no proceedings initiated in respect of Larger property for violating Section 79-A and 79-B of the Karnataka Land Reforms Act, 1961. Endorsement. dated 24/11/2016 issued by The Assistant Commissioner, Bangalore North Sub-Division stating that there are no proceedings intiated under Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 in respect of Schedule Property. Endorsement dated 28/02/2017 issued by The Special Land Acquisition Officer, Bangalore Confirms that the Larger Property was not notified for acquisition in respect of any of its projects. Endorsement dated 01/03/2017 issued by the Special Land Acquisition Officer-2, Karnataka Industrial Area Development Board Confirms that the Larger Properly was not notified for acquisition in respect of any of its project Endorsement dated 28/02/2017 issued by The Assistant Commissioner (Land Acquisition), BDA Confirms that the Larger Property was not notified for acquisition in rospect of any ofits projects. The Property taxes in respect of the Larger Property was paid, as evidenced from Tax Paid Receipt for the year 2017-18 issued by Doddabanahalli Grama Panchayath. fe af pt 4 e. a Page 10 of tta4 KUSUMA ADVOGATES Certificate of Encumbrance covering the period between 01/04/1960 and 04/05/2018 iesued by Jurisdictional Sub-Registrar in respect of Property measuring 03 Acres O4 Guntas in Sy.No.77 are produced for perusal and it confirms that there is no mortgage or charge created against the said property. ‘Thus on the basis of the documents referred to above and representations made and subject to what is stated hereinabove, | am of the opinion that Lt) GriL.N.RADHAKRISHNA SETTY, (1.4) Sr.SANTHOSH R, (1B) SmtSUMA GHIVAKUMAR I, (2) SriL.N.SREENIVASA GUPTHA, (2A) SmLSHRUTHI S GUPTHA, (2.8) SmtAVANTHI S GUPTHA, Ill, (3) Sr.LNSHEKAR, (3 A) GriRITESH S IV. (4) Sri.LN.MUNIRATHNA SETTY, (4-8) Sri.M.SANJAY are the | owners of the Schedule Property and their title fo the same is clear and marketable sand also free from all encumbrances during the said periods referred to above in the Encumbrance Certificates, however, subject to the rights of M/s.SBR HABITAT LLP under the aforesaid Joint Development Agreement and General Power of Attorney both dated 24/04/2017. While conducting the title scrutiny, | have assumed the genuineness of all signatures and the conformity of photo copies or extracts submitted to me. Further | have also relied on the various oral representations made to me by your representatives in respect of the Schedule Property. Other than as specifically mentioned, | have not inspected the property or verified physically, possession or boundaries and net independently validated the Information provided to me with records of the Jurisdictional Sub-Registrar, Revenue Authorities or with any external sources and have not conducted any independent searches at the Courts or forums or Government Offices in relation to the property in respect of any litigations and this [opinion shall not be used as evidence in any courts, forums or authorities. Copies of all the documents referred to above and furnished to me are returned herewith. Yours on, bes Ly, (KUSUMA R. MUNIRAJU), ADVOCATE. Page LL of