From, Mr. B. Narayana Somayajt Advocate Sanjivi Complex, Il Floor, Opposite Civil Court, B.C. Road, Bantwal Taluk, D. K. To, ‘The Branch Manager, Karnataka Bank Ltd Nehru Ganj Branch, Kalburagi. CERTIFICATE I hereby certify that I have verified all title deeds deposited by the borrower Mr. Shabareeshwara Udupa, in the Loan Account before the Karnataka Bank limited, Nehru Ganj Branch, Kalburagi and found that all documents mentioned in my legal opinion dated 31.08.2018 (given in the above loan file) have been deposited before the Bank and MDTD is in order. Place: Bantwal Date: 11.02.2019 Mr. B. Narayana Somayaji, (Advocate) 8. Narayana Somayaji . B30, HL, ADVOeATI 2nd Floor, Saniccst Compte Opp.: Civil Court, B.C. RosdB, NARAYANA SOMAYAJI B.Sc. LL.B. Sanjivi Complex, Il floor Advocate Opposite Civil Court B.C. Road 19845309603 Date: 31.08.2018 To, ‘The Manager, Karnataka Bank Ltd. Sir, Legal opinion is sought regarding the marketable title in respect of the immovable property held by Smt. Vedavathi Shetty, Legal Scrutiny Report T | Name of the Branch seeking opinion KBLtd Please give reference of letter if any 2_[ Name of the Borrower/s Sint, Vedavathi Shetty {3 [Name of the owner/s of the property ‘Smt. Vedavathi Shetty ‘F] Fall and detailed description of the property [Immovable property including the following details. situated in Navoor (Description may be changed depending on the | Village, Bantwal Taluk nature of the property and local condition, Please | and within the registration give description in such a way that it can be copied in | sub disivict of Bantwal, | Location details like Village, Taluk, | bearing D. No. District, City, Registration sub district, State ote Boundaries 299, together with mamool and easernentary rights of way, | water ete \ Boundaries: North: Portion of S. No. | 257/38 South: Portion of S. No. | 257/4 j East: 5. No. 257/2 | Wests. No. 257/4 || foan documents/ mortgage deed) D. K. District, Karnataka State and comprised in a Survey No./Khata No. ete S.No. 257/34 - b. Door/House No. in case of buildings. | Converted- 0.08 Acre | « Area Along — with building | 4 | 5 | Particulars of documents scrutinized | Griginal/Photocopy | | | | of original/ | Notarised_copv/Sub = SE [Bae] Besarpion of document No.2.081973 Order of th ka HSDR. 27/1970-71 along with sketch_| Registrar Cori copy/ Photocopy of Notarised/, Certified | copy ute. Photostat copy, 21.03.1973 Certificate ot Grant of Saguvali Chit Photostat copy 22.04.1988 Sale Deed executed by Smt. Gulabi Shed favour of Mr. Ananda Teertha N. and registered as Document No. 35/1988-89 on the file of Sub-Registrar, Bantwal Photostat copy 21.03.1992 | 778/1991-92 on the file of Sub- Release Deed executed by Gopalakrishna Shetty and others in favour of Mr. Ananda Teertha N. and Tegistered as Document No. Registrar, Bantwal Photostat copy 03.02.1994 23.10.2007 Sale Deed executed by Mr. Ananda Teertha N.” in favour of Mr. Panduranga Hebbar and registered as Document No, 746/1993-94 on the file of Sub-Registrar, Bantwal | Photostat copy Conversion order issued by the Tahasildar Bantwal in E, Dis. A. L. C. R.874/2007.08, Photostat copy 21.10.2002 GPA executed by Mr. Panduranga Hebbar in favour of Mr. Krishna Karantha Photostat copy 23.10.2007 Sale “Deed executed by Mr. Panduranga Hebbar in favour of Dayavathi and registered as. Document No. 1429/2007-08 on the file of Sub-Registrar, Bancwal. Photostat copy 27.11.2009 Sale Deed executed by Dayavathi in favour of Mr. Noronha Jevi Rocky Marshal and registered as Document No. 2455/2009-10 on the file of Sub- Registrar, Bantwal. Photostat copy 10. 21.04.2014 | Sale Deed executed by Mr. Noronha | Jevi Rocky Marshal in favour of Smt, Vedavathi Shetty and registered as | Document No. 295/2014-1F on the file of Sub-Registrar, Bantwai. Photostat copy ii. 28.08,2018 GPA executed by Mr. Noronha Jevi Rocky Marshal ‘in favour of Smt. Vecavathi Shetty Original 12. 29.08.2018 Rectification Deed executes. by Mr. Noronha Jevi Rocky Mazshal in favour of Smt. Vedavathi Shetty and registered as Document No. 2633/2018-19 on the file of Sub- Registrar, Bantwal Original 13. (08.06.2018 Single Site approval issued by Navoor Grama Panchayath Photostat copy 14. 11.06.2018 Form No. 15. (03.08.2017 Original ComputerisedTer] 15.06.2018 | Building Tax Paid Receipt in respect | Photostat copy of D. No. 3-299 - T7-} 09.04.2009 PE. C. for the period from 01.04.1990 | Photostat copy up to 08.01.2009 FS} 06.08.2009 PE. C. for the period from 01.04.2009 | Photostat copy up to 05.08.2009 5. | 10.08.20017 | E. C. for the period from 05.08.2009 | Photostat copy up to 25.11.2009 \ 20, | 41.08.2017 [E. C. for the period from 01.04.2014 | Photostat copy | up to 10.08.2017 1 BH. | 29.08.2018 [E. C. for the period from 10.08.2017 | Original . up to 28.08.2018 @ | Tracing of title of | As could be seen from Document No. 1, one Annu property- Shetty s/o Chennappa Shetty of Navoor Village had been assigned with house site of the schedule property by the Tahasildar Bantwal. The sketch attached to the said proceedings very clearly demarcates the said property, On the basis of that certificate of grant of Saguvali Chit has been issued in his name in respect of the said property per Document No. 2. It is expected that the title deed is traced for a period up to 30. years, Please discuss chain of title systematically seferring to each document in the | chain. Sri, Annu Shetty his no more now. On his death, his right, title and interest over the said property devolved on his widow and childrea. The widow of Sri, Annu Shetty sold the schedule property in favour of Sri, ‘Ananda Teertha N, for valid consideration received per Document No. 3. The recital made in the said document very clearly speaks that actual possession of the schedule property has been parted in favour of the purchaser on the date of the sale deed itself, Hence Sri ‘Ananda Teertha N, become the joint owner in respect | of the said property along with the children of the deceased Sri. Annu Shetty. The children of the deceased Sri. Annu Shetty released their right over the said property in favour of Sri, Ananda Teertha N. per Document No. 4 Accordingly Sri, Ananda Teertha N. became the absolute owner of the schedule property. Later Sri. Ananda Teertha N. sold the said property in favour of Sri, Panduranga Hebbar per Docuinent No. 5 for valid consideration received. Here also the recital made in the said document very clearly speaks that actual possession of the schedule property has been parted in favour of the purchaser on the date of the sale deed itself. Accordingly Panduranga Hebbar j became the absolute owner of the said property, Panduranga Hebbar got converted the said property for residential purpose per Document No.6 Panduranga Hebbar executed a GPA per Document No. 7 in favour of one Krishna Karantha with a right to sell the said propert= - = favour of Dayavathi per Document No. 8 for valid consideration received. Here also the recital made in the said document very clearly speaks that actual possession of the schedule property has been parted in favour of the purchaser on the date of the sale deed itself. Accordingly Dayavathi became the absolute Subsequently, Dayav thi sold the said property in favour of Mr. Norenha levi Rocky Marshal per Document No. 9 for valid consideration received. Here also the recital made in tae said document very clearly speaks that actual possession of the schedule property has been parted in favotr of the purchaser on the date of the sale decd itself. /.ccordingly Mr. Noronha Jevi Rocky Marshal became the absolute owner of the said property, Subsequently, Mr. Noronha Jevi Rocky Marshal sold the said property in“favour of Smt. Vedavathi Shetty per Document No. 10 for valid consideration received, Here also the recital made in the said document very clearly speaks that actual possession of the schedule property has been parted in favour of the Purchaser on the date of the sale deed itself. Accordingly Smt. Vedavathi Shetty became the absolute owner of the said property. In view of the mistakes crept in the sale deed, for rectification of the same, Mr. Noronha Jevi Rocky Marshal executed a GPA in favour of Smt. Vedavathi per Document No. 11, with a right to rectify the mistakes so crept in. On the basis of that the mistakes so crept in were rectified per Document No. 12. She has obtained Single site approval from Navoor Grama Panchayath as could be seen from the Document No. 13. Form No-11-A has been issued by Navoor Grama Panchayath in respect of the said property per Document No. 14, RTC is produced in respect of the said property per Document No. 15. She has also paid building tax in respect of the building bearing D. No. 3-299 (old D. No. 381) situated in the said property per Document No. 16. The E. Cs, obtained for the period irom 01.04.2014 up to 20.08.2018 and produced as per Document No. 17 and 21 does not show any encumbrances over the schedule property. bieai documents | if [Phave perused all the origi |) Tint of ownership [ral encsahip | Please discuss whether entitlement to property is on fall chenerahip basis or imited ownership basis. For eg: leasehol Mighes, tenancy rights, oseupaney rights ete, What are the | implications of limitation? Please discuss about the permissions ete needed for mortgage I case of lease holdl/ tenancy / occupancy rights ete: Fin case the property proposed 10 be morigaged belongs fe No special constitution/ special legal entities listed below, please dliseu about the requirements including, the ones given below, | 1) Company: ) Compliance with the provisions of Companies Act 2013 and in particular section 186. ii) Compliance with the object clause in the Memorandum of Association. iii) Compliance with the borrowing powers/ power to property as security in the Memorandum of Association/article of Association. iy) Necessary resolutions 2) Trust/Society'/ Partnership Firm: j) Compliance with the applicable law relating to the trust/ Society/ Partnership firm. | | iy Borrowing powers/ power to give property as security under the cptcnble trust lave ard also trader the rust deed/ Socity By-Laws/ Partnershi deed and its applicable laws. iii) Necessary resolution. 9 [Miner's interest No minor's right a viave you considered whether the title scrutinized | is involved includes minor's rights? If so how bank's interest can be safeguarded fully? Tio | Whether there are Fans under Biate/l wal Taw, [Since the property Gdistom or otherwise Lor mortgaging the property in favor al fis already Bank. For eg: In Karnataka agricultural property cannot be [converted for non mortgaged for non-agricultural loans. Please discuss ix detail, Jagricultura! | gs re purposes there is no restriction as | \ [such FT| Whether the Tocation of the property: subject to any Keyal No festriction of restriction regarding its transterability oF use, For eg: Coastal Zone rded for use of the props specific orders are needed for use of tie aera intended purpose for example induste discuss about the same. 5 teri ea —_ saya No TE PWR Te ecation The propery ny Teal restriction or restriction regarding its transfer or use UINSE town planning, or similar laws. For eye property in greenbe area, residential zone ee. {| TB | Whether there is any Indication in the documents to show that No the property is under acquisition proceedings under Land Acquisition Act. Similarly whether by usual exposure to local affairs, the Advocate suspects that the property is under acquisition proceedings or is likely to be acquired soon under Land Acquisition Act. Please discuss in detail 14 | Whether there i any indication In the document (lor eg @ No document is marked as ‘an Exhibit’ in Court proceedings) that the property is subject to any litigation, Similarly, whether by usual exposure to cases in local Courts, Advocate suspects that the property is subject to any litigation. Please discuss in detail. 15 | Please discuss about the recognition of | The Panchayath which is now the | | the ownership/ possession by the | authority for the same has issued Revenue, Municipal or other authorities | Form No. 9-11A thereby revenue concerned by reference to RTC, Khataete. | authority has recognized his, ownership and possession of the | schedule property. [16 | Please discuss about approval of building | _ Does notarise plan, building license, completion certifitate, occupaney certificate and such other documents to ensure that the building is in compliance with the relevant laws, 17 | Please discuss about up to date payment | Does notarise f outgoings of the property like land revenue, property tax ete,, with reference to the related receipts. 18 | Whether documents indicate that the| Yes owner is in the occupation of the! owner is in the occupation of the | schedule property. property. If the property is tenanted, details of tenancy may be discussed. Are | | there any inclications in the documents to | show that somebody else than the owner | is in the possession of the property. If | yes, please discuss in detail | 19 | Please discuss about the Encumbrance | No encumbrances | and Repistered transactions. concerning, the property with reference to Encumbrance certificate, search reports ete, for a iminimum period of 13 completed years.20 | Please discuss as to whether the No documents indicate any attachment or other — proceedings — by Revenue | authorities, tax authorities, court/ other autho i E = PRT] Whether as per documents the property is clearly demarcated on the grounds or is undemareated portion of larger atea. _ | Please discuss. = =| 2D | Mention nature of propert itis non agricultural property and agricultural, non agricultural, | hence there is no restriction to proceed | [residentint.commercal industriatete. against the property, anter the Whether the Bank can proceed against | SAREAESI Act. |__| the property under the SARFAESI Act : a — {33 Tn case of Flat/ Apartment/Unit i No 1 | commercial complex ete, please discu || about relevant by laws, permission trom |) the society, restrictions on transfer ete. [>] Whether asa protessional, having No | |e to title deeds/ other documents, - | frawyer notices ar features/ discrepancies in them giving rise to suspicion that they may be |__| fabricated or forged, | [2 [Imssse any Fosser OF Atiomey & wae in Not applicable | the documents verify. the genuineness and accuracy of Power Of Attorney and the extent of powers. Whether the Power Of Attorney is properly executed/ [anes authenticated enforceable 0s [ por the law Whether i iin eusreney? List of fitle deeds to be deposited for creating Equitable Mortgage. sr Date Description of document Original/ Photoc No. copy’ of original/ Notarised copy/Sub | Registrar Certified copy/ Photocopy of | Notarised/ Certified | copy ote | i® FIOS197 | Order of the Tahasildar Bantwal in [Certified copy «| HSDR. 27/1970-71 along with sketch | Certificate of Grant of Saguvali Chit | Certified copy 4~ } Shedthi in favour of Mr. Ananda {| Teertha N. and registered as Document | No. 35/1988-89 on the file of Sub- | \ | | Registrar, Bantwal | ! 1 lay se Deed avout by | Contified copy | 1 Gopalakrishna Shetty and others in | nul Tewrtha N. andane ocument No. 778/199 Son the tio Sub Regist Bata 33.10.2007 | Pandluranga Hebbar and re Document No, 746/1993-94 ered as, piste! on the file nanda | Original ~ executed by Mr, Anani 994 [Sale Dee execut pans TE Ne in tical 1 lw v | 23.10:2007 [Sale 2712009 | Sale favour of Mr, Krishna sa Conversion order r Tahasildar Bantwal inv E. Dis. A, L. C 8. 874/2007.08 —— 21.10.2002 | GPA executed “by Nev Ponduvanga | Oniginal v Hebbar in Deed “executed by Mr Panduranga Hebbar favour of Dayavathi and registered as Docu No. 1429/2007-08 on the file Registrar, Bantwal, ment of Sub- ‘Origi Deed executes favour of Mr. N. Marshal and reg No. 2455/2009- Registry by Dayavathl In loronha Jevi- Rocky tered as Document 10 on che file of Sub- | (00. ) | 2r03201a- [Sate Dent executed By Mr, Noronha] Original Jevi Rocky Marshal in favour er ane Vedavathi Shetty ant reget ne Vv nt No. 295/2014-15 on the file Reyistrar, Banta U7 BOSD GPA exenaet by ‘Mt. ‘Noronha Jevi | Original WI yy Rocky Marshal in favour. of Sew Vedavathi shett Noronha Jovi Rocky Marshal in yn 7 | ea registered ay Docume oh 2633/2018-19 “on the the gr NS : Registeat, Banieal 7B SEES appaonaT RINT by Raver AS Grama Panchra 34 Tosa Trane ey Ongar > {as 93.08.2017 | RTC of S. No, 257730 _| Computerised >] y 13.06.2018 Berkling Tax Poidt Receipt in weapact oF Original > “ D. No. 3-299 ) (09.01.2009 TE. C. for the period fram OT 04.1990 up | Original > 40 08.01.2009 | S60 E Cor ne RARE TOTS Original > 6. 05,08.2005| (3 powmer pee From 05082009 up | Original > 4025.11:2005) Tae sg he Peved Fon OORT ap | Orga — £0 10.08.2017 2. | 29.08.3018 [E © for the period from 10.08 5017 up | Original 7 10 28.08.2018 27 CGT PESOS Who should on in SINGS NORGSGST Deposit] ou Deport ns and Secutemortuage dont Morera |e Vedavethi _| Deposit of Title Deeds Shetty He Ble9 “2s Whether MDTD is compulsc r 35] Whether MDTD is compulsorily registrable in the state und Ke Act [Additional issues and discussions, if av tration ay CERTIFICATE, certify that the below mentioned person and marketable title to the proper! However Smt, Vedavathi Shetty has clear below and the same can be token by the Bank from 01.04.2003 up to date and latest Computer property’ will have to be obtained Schedule of the property ‘oor Village, Bantwal Taluk as security for the lo. ised RTC in respect of the sche lute and within the Immovable property situated in Naw fal, D. K, District, Karnataka State andl comprised in registration sub district of Bantw: 7/3A - Convertedl- 0.08 Acre S.No. 11, No. 299 Logether with mamool and easententary Along with building, bes rights of way, water ete Boundaries: North: Portion of S. No. 237/38 South: Portion of S. No. 257/4 East: S. No. 257/2 West: 8. No. 257/4 Place: Bantwal, D. K. oa Date: 31.08.2018 Ble Signature of the Adwocate