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Adv.Vaibhavkumar Pandurang Mane
BSc, LLB.Spl.)
Homes "Shrikulan”, Mayani Road, Shriram nagar, Vita, Tal.Khanapur, Dist-Sangll.
Office: Hotel Dreamland Complex, Khanapur Road, Vita, Tal.Khanapur, DistSangli,
Date.08/03/2016
SEARCH & TITLE REPORT
To,
MrJagdish Ghude, Mumbai
& to whom so concern,
Subject:- Search & Title report of property situated at
Village Penkarpada, Tal.& Dist:Thane owned by
Mrs.Shakuntala Wadilal Shah.
Documents Serutinized:-
1) 7/12 extract of Old Survey No.252, New Survey
No.17 of village- Penkarpada, Tal/Dist.Thane.
2) Mutation Entries mentioned on 7/12 extract,
3) Partition Deed dated (executed) on 11/12/1963
and registered on 31% Jan. 1964 at serial
No.344/1963-1964.
4) Confirmation Deed dated 29/07/1991 at serial
No.5118/1991.
Sir,
‘As per information & instruction given by you and as per
description of the property described as below, and as per the
documents supplied by you, | have taken the search of the below
mentioned property from Thane, Bhayander and Mumbai Sub-
Registrar offices. For the years from 1” of January 1961 to till today
ie. for a period of 56 years and | obtained following information
accordingly.ion of Property:-
| OldSurvey | New Survey Area ‘Assessment
No. No HRP Rss.
me 7 3-04-30 17-56
2) Search taken from Thane & Bahayander Sub-Registrar Office:-
In Year 1961 to Year 1976, Year 1985 to Year1990, Year
1992 to Year 2004 & Year 2006 to Year 2016 there is no
transaction found regarding above mentioned property. And
regarding year 2005 index I! book is not available in record
room.
Pages of Index Il Book of year 1977 to 1984 are torn so
search cannot be taken regarding that year. In year 1991 deed
of confirmation registered at Sub-Registrar office Thane on
29/07/1991 at Serial No.5118/1991 is found.
3) Search taken from Mumbai Sub-Registrar Office:
In year 1961 to year 1963, year 1965 to year2004 & year
2006 to year 2016, there is no any transaction found regarding
above mentioned property. And regarding year 2005 index I!
book is not available in record room.
4) Talathi Office record:-
I have seen 7/12 extract of Old Survey No.252 & New
Survey No.17 of village Penkarpada, Tal/Dist.Thane. The above
Mentioned property stands on the name of Mrs.Shakuntala
Wadilal Shah. The entry in the other rights column of M/s.
Shantistar Builders by agreement was deleted by Mutation
entry no.159 by order of Sub-Divisional officer Thane. So on
perusal of Revenue records, property seems to be owned &
possessed by MrsShakuntala Wadilal Shah (After marriage
Shakuntala Tansukhlal Parekh.)5) About Search:-
‘After taking search from Thane, Bhayander & Mumbai
Sub-Registrar offices, | saw two entries regarding transactions.
One is of partition deed and another is of confirmation deed as
mentioned above.
6) Trace(Flow) of title:-
‘After perusal of documents & search, it has been seen
that the property was originally belongs to Late-Wadilal Shah
(Ancestor & Father of Shakuntala Shah)
‘The above mentioned property was given to Shakuntala
Shah in partition. The Partition deed was executed on aa
Dec.1963 and Registered on 31% Jan 1964 at Serial
No.Bomb.344/1963-1964 of book-1 & by that document
separate possession was given to Shakuntala Shah. So above
mentioned property is her separate property.
After perusal of Confirmation deed it is seen that, one
‘Anil Chhotalal Choksy representing himself as power of
Attorney of Shakuntala Wadilal Shah, Executes deed of
confirmation in favour of M/s. Shai
ar Builders & in which
acknowledges & confirms the previous agreements between
them. Though such confirmation deed is registered deed, the
power of attorney of Anil Choksey given by Shakuntala Wadilal
Shah is notarized and not registered. So according to
provisions of Registration act & Stamps Act., Anil Choksey
confers no right to transfer property by such notarized power
of Attorney also all agreements mentioned in & attached to
confirmation deed shows that, they are also not registered. So
according to the provisions of Registration Act. & Stamp Act.,
mere mentioning of right to sell or develop the property does
not confer right to sell or develop of above mentionedproperty on Shantistar Builders and possession cannot be hand
over by such unregistered agreement so such document
cannot be treated as Development Agreement or Agreement
with power of sell & possession. So mere executing various
agreements & confirmation deeds, Shakuntala Shah/Parekh
does not lose her title or possession. Also proper stamp duty is
not paid on such agreements & confirmation deed according
to the stamp act.
So after perusal of documents & search report, | have
come on the opinion that, Mrs.Shakuntala Wadilal
Shah/Shakuntala Tansuklal Parekh is having a clear marketable
title and possession over above mentioned property.
Hence Search & Title reports.
Mumbai. foot
Dt.08/03/2016 ee
Advocate
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