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Godrej Bayview Rot-4

The Sai Ashirwad Co-operative Housing Society Limited was formed for Buildings No. 2 and 4 to 18 of Ashirwad Condominium, with a 60-year lease from CIDCO. A development agreement was executed with Suncity Infrastructures for the redevelopment of these buildings, and various legal documents confirm the development rights and ownership structure. Public notices were issued with no claims received, and the report concludes that the property is free of encumbrances and eligible for redevelopment.

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0% found this document useful (0 votes)
87 views5 pages

Godrej Bayview Rot-4

The Sai Ashirwad Co-operative Housing Society Limited was formed for Buildings No. 2 and 4 to 18 of Ashirwad Condominium, with a 60-year lease from CIDCO. A development agreement was executed with Suncity Infrastructures for the redevelopment of these buildings, and various legal documents confirm the development rights and ownership structure. Public notices were issued with no claims received, and the report concludes that the property is free of encumbrances and eligible for redevelopment.

Uploaded by

Disha Malkani
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© © All Rights Reserved
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tip 10. 12, 15 16. Continuation Sheet # “The apartment owners of Building No.2 and 4 to 18 of Ashirwad Condominium formed the Sai Ashirwad Co-operative Housing Society Limited dated December 21, 2018 beating Registration No, NROM/CIDCO/HSGATC)7710TRIYEAR 2018-2019 and registered os a “tenant co-partnership society" ("Sal Ashirwad CHS") Accordingly, the Building Nos.2 and 4 to 18 of Plot No.3 form a part of Sai Ashirwad CHS, Vide a Supplementary Lease Deed dated May 24, 2019 between CIDCO as the Corporation therein and Sai Ashirwad CHS and Naivedya CHS as the New Lessees therein, CIDCO demised unto the New Lessees therein jointly the respective proportionate area along with undivided interest in the said Plot No.3 for a term of 60 (sixty) years from Indenture of Lease dated August 9, 1985 at an annual rent of Rs.1/- per annum and on the terms and conditions as more particularly provided therein, The aforesaid Supplementary Lease Deed dated May 24, 2019 is registered with the Sub-Registrar of Assurances at Thane bearing No. TNN3-13842-2019. Vide a letter dated March 29, 2019 bearing [Link]/K/SN/SS/CIDCO/NAV/R/2022/2019, the It. Registrar of Co-operative Societies (CIDCO) has granted a No Objection Certificate to Sai Ashirwad CHS for appointment of Suncity Infrastructures (Mumbai) LLP as the Developer for Building Nos.2 and 4 to 18 on Plot No.3 on the conditions as more particularly stated therein, By and under a Development Agreement dated April 3, 2019 (‘Sai Ashirwad Development Agreement") executed between Sai Ashirwad CHS therein referred to asthe ‘Utkarsh Society of the One Part and the said Developer, the Sai Ashirwad CHS granted to the Developer, the development rights in respect of redevelopment ofthe Building Nos. 2 and 410 18 on Plot No.3 on the terms and conditions as more particularly contained therein, By and under a Deed dated January 24, 2020 and registered with the office of the Sub- Registrar of Assurances at Thane and bearing serial No. TNN-11/1110 of 2020 executed between Sai Ashirwad CHS and the Developer, the Sai Ashirwad CHS has confirmed the aforesaid Sai Ashirwad Development Agreement. By and under a Power of Attorney dated January 24, 2020 (“Sai Ashirwad POA") executed by the Sai Ashirwad CHS in favour of the Developer, the Sai Ashirwad CHS has 17 d Continuation Sheet # granted the Developer the powers to undertake the necessary and incidental acts for the redevelopment of the Building Nos.61 to 63, Plot No. 3 as more particularly set out therein. ‘The aforesaid Sai Ashirwad POA is duly registered with the office of the Sub-Registrar of Assurances at Thane under registration [Link]-11/1111/2020. C, MISCELLANEOUS 8) Vide an Order dated February 14, 2020, the NMMC approved the amalgamation of the Plot ‘No.8 comprising of Buildings No. 61 to 81, Plot No.3 comprising of Buildings No. 2, 4 10 18, the relocation of the open space and garden surrounding thereto and also approved the revised Layout forthe same on the terms and conditions as mentioned therein, As per the Amalgamation Order dated February 14, 2020, pursuant to @ survey carried out by NMMC, the physical area occupied by Sai Ashirwad CHS (ie, Building No.2, 4to 18 on Plot No3) is 7938.58 sq metres, the physical area occupied by Gulmohar CHS (ie, Building No.64 to 81 on Plot No.18) is 8857.83 sq metres and the physieal area occupied by Utkarsh CHS (ie Building No.61 t0 63 on Plot No.18) is 1476.30 sq metres, and the aggregate physical area occupied by all three (3) societies as aforesnid is 18272.71 sq, metres pursuant to the survey carried out by NMMC, while the aggregate area of the said Property as per title documents is 16157.53 sq metres. Vide a Resolution passed in their Extraordinary General Meeting . all thee (3) socicties as aforesaid have agreed to grant the development rights in respect of such additional area being 2215.18 sq. metres which is in their physical occupation as aforesaid, b) Vide the Letter of Intent dated February 14, 2020, the NMMC granted the permission to obtain Environment Clearance Certificate for re-development of Plot No.18 comprising of Buildings Nos, 61 to 81, Plot No.3 comprising of Buildings Nos. 2, 4 to 18 on the terms and conditions as mentioned therein, The search has been carried out in the offices of the Sub-Registrar of assurances at CIDCO, Village Juhu (a8 per 7/12 extract village Juigaon) and Village Vashi from the year 1985 10 2021 (Last 36Yeers) through Mr. Sameer Sawant, Search Clerk, who has issued his Search Report dated February 27, 2020 and updated Seareh Report dated February 11, 2021. Further search has been carried out from 12 February 2021 to 8 October 2021. The Search Reports are subject to torn / perlly tom pages and mutilated index-If records, and the Computer Index-I records are not properly maintained or are unavailable and some of the records are found in loose sheets (untied). As per the aforesaid Search Reports of Mr. Sameer Sawant, Search 18 Continuation Sheet # dl Clerk, CIDCO is the owner ofthe said Property and vide the Supplementary Lease Deeds 28 stated hereinabove, the Gulmohar CHS and Utkarsh CHS are the Lessces of the said Plot 1No.18, Sai Ashirwad CHS isthe Lessee of an undivided portion of Plot No.3. Further, the three separate Deeds as aforementioned (all dated January 24, 2020) confirm the aforesaid Development Agreements executed by Gulmohar CHS, Utkarsh CHS and Sai Ashirwad CHS in favour of the Developer. No document adversely affecting th said Property or any lispendens, encumibranee, mortgage, charge or any lien have been found to be registered in the records of the aforesaid Sub- Registrar Offices. E, Weare relying upon the search caused as litigation search to be conducted in Distriet Courts in ‘Mumbai, Bombay High Court and the Supreme Court through Cubietree Technology Solutions Private Limited, who has issued their Legal Audit Reports in and around March 2020, the last report dated March 11, 2020 and updated Legal Audit Report dated February 11, 2021. The aforesaid Legal Audit Reports show various litigations, pending or disposed, in the name of Gulmohar CHS, Sai Ashiwad CHS and Utkarsh CHS, however, we have been informed that the litigations, pending or disposed, in the Legal Audit Reports are not pertaining to the said Gulmohar CHS and/or the said Utkarsh CHS, but some other societies of the same name. From the aforesaid, Legal Audit Reports, there are no litigations, proceedings order or injunctions affecting or restricting the re-development of the said Property. F. PUBLIC NOTICE Public notices have been issued in daily newspapers viz. Times of India (English) on January 31, 2020 and Maharashtra Times (Marathi) on February 1, 2020, by Manthan Unadkat, ‘Unodkat and Co. (Law Offices), inviting claims, if any, from the public at large, within 14 days from the date of the public notice, in relation to, inter alia, the said Property andior the development rights or FSI / TDR thereof. The said Law Offices have confirmed that they have not received any claims pursuant to the issuance of the public notices, till date, and we are relying upon the same, GENERAL, a) This Report on Title is based on the documents relating to the said Property that have been provided to us. For the purpose of this report we have assumed the legal capacity of all natural person, genuineness and aecuracy of the documents submitted t0 us and have also Continuation Sheet # sssumed the authenticity of all seals and/or signatures and of any duty, stamp or marking on the documents which have been provided to us and which we have relied upon; 5) We assume that, there have been no amendments or changes to the documents examined by us. We believe in the accurney and completeness of all the factual representations made in the documents, 6) This Report on Tile fs based on and subject the foregoing assumptions and solely on our review of the documents which have been provided 1 us and which we have relied ypon as well as subject to such legal and other considerations as we have considered relevant and stated herein, Ths report docs not cover any litigation, suits et filed in aay court, in espect of the scheduled properties. 4) This Report on Title is expressly limited to the matters set forth above and we render no opinion, whether by implication or otherwise, as to any other matters relating to the Societies or any other persons having an interest in the said Property or connected thereto or i the development thereof, ©) This Report on Title should it be relied upon as a substitute for the warranties which should be sought in relation to the said Property; 1) This Report on Title is privileged and confidential and not meant for external circulation ‘and dissemination without our prior consent in writing, We shall not be responsible or be held liable in any manner whatsoever in the event of any loss or damage suifered. CONCLUSION Jn accordance with whet is stated hereinabove, CIDCO is the owner of the said Property, the Gulmohar CHS and Utkarsh CHS ate the Lessoes jointly ofthe respective proportionate area along with undivided interest in Plot No.18 comprising of Building Nos. 64 to 81 and 61 to 63 thereon, respectively, and Sai Ashirwad CHS is the lessee of the respective proportionate area along with lundivided interest in Plot No.3 (part) comprising of Building Nos.2 and 4 10 18 thereon. Vide three Separate Development Agreements, ll dated April 3, 2019, Gulmohar CHS and Utkarsh CHS have ‘granted the development rights in respect of Plot No.18 and Building Nos, 64 to 81 and 61 to 63 and Sai Ashirwad CHS have granted the development rights in respect of Plot No.3 (part) and the Building Nos.2 and 4 10 18 thereon in favour of our Clients Suncity Infrastructures (Mumbai) LLP, con the terms and conditions mentioned therein, And the Power of Attorneys in this respect are exceuted and duly registered. Naivedya CHS has undivided rights with Sai Ashirwad CHS in Plot No. 3. In accordance with what is stated hereinabove, our Clients, Suncity Infrastructures (Mumbai) LLP are entitled to redevelop the said Property and the buildings standing thereon in accordance swith the applicable laws, the permissions obtained / to be obtained in relation thereto issued! by CIDCO / NMMC and/or concerned authorities, from time to time, as the case may be. ‘THE SCHEDULE I ABOVE REFERREED TO ALL THAT piece and parcel of land bearing Plot No.18, Survey Nos.138(par), 11 (pan), 126(part), 137{part), 89¢part), SO(part), 135(partjadmezsuring 7920.11sq. metres as per ttle documents and 8857.83 sq, metres (being the physical area in oecupation as per Amalgamation Order dated February 14, 2020), together with Building bearing Nos.64 to 81 (Gulmohar CHS) and land admeasuring 1320 sq. metres as per title documents and 1476,30 sq. metres (being the physical area in occupation as per Amalgamation Order dated February 14, 2020), Building bearing Nos.61 1063 (Utkarsh CHS), situated in Sector 9, Village Jubu, (as per 7/12 Juigion) Tehsil and District Thane (Navi Mumbai) and bounded as follows: (On or towards the nosth bby Open Space: (On oF towards the south by 18 mir oad; On or towards the east + by Plot No.I7 and Open Spaces Onor towards the west + by Plot No.1 and Open Space. ‘THE SCHEDULE Il ABOVE REFERREED TO [ALL THAT piece and pareel of land bearing Plot No.3, Survey Nos.114 (part), 113¢pazt), 1 15(part, 42(paed, 1114part), 131(par), 12%(par), 110(part) admeasuring 6917.39 sq, metres as per ttle documents and 7938.58 so, metres (being the physical area in occupation as per Amalgamation Order dated February 14, 2020), together with Building bearing Nos.2, 4to 18 (Sai Ashirwad CHS). out of larger portion of land admeasuring 7782.02 sq, metres, and situated in Sector 9, Village Juhu, (es per 7/12 Juigaon) , Tehsil and Distriet Thane (Navi Mumbai) and bounded as follows: ‘On or towards the north yy Open Spaces On or towards the south yy Pathway and Open Space; On or towards the east by Open Space: (On or towards the west by 8 mtr road Hones, this Report a1

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