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Penkrpada

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521 views8 pages

Penkrpada

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REX I ZGOD
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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 mentioned property 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 ‘B.$c.,LL.B (Spl)JADVOCATE VITA(Dist Sangl)Pin Code 415311 $3020 /acgcagea /2eaeagyg / 2eawstls Bam: 2U9TVEIE art, are (9), aLaTA-wo ok feria ZEAL & fra) a after sia ar aitga) f%.94/04/9990 3 an’, arate aA 94/40/2000 TET aise go (afta) & orm sig fore ara: Sm. 9@y (afte), PTE: aaa mre Rares, wee 2 (FA) fae C Bsc 22) EXISTING FEATURES BOUNDARIES [MIRA-BHAYANDAR MUNICIPAL COUNCIL VILAGES: IVER /NALA/ WATER BODIES NATIONAL HIGHWAY STATE HIGHWAY [MAJOR DISTRICT ROADS RAUNAY LINE HIGH TENSION LINE ‘CONTOUR LINE. SECTOR BOUNDARIES. ZONING PROPOSALS RESIDENTIAL / HOUSING THE DISHOUSED ‘COMMERCIAL. (G+, 62, CINEMA (CT), DRAMA (OT) PUBLIC - SEM PUBLIC INDUSTRIAL / BRICK KLN INDUSTRIES TO BE SHIFTED usuc umury mu. NO DEVELOPMENT ZONE EP. - EXCLUDED PART ‘SITES RESERVED FOR PUBLIC PURPOSE EDUCATIONAL, PRIMARY SCHOOL PS), HIGH SCHOOL (HS), COLLEGE (C), INDUSTRIAL TECHNICAL INSTITUTE (T) It L = — = = == == ez [aca] =a = a.) == = HEALTH DISPENSARIES (0), MATERNITY HOME (Mt), HOSPITALS @. IEEE stoppin ceNTRE (sc), RETAIL MARKET GH ecREATIONAL CHILDREN'S PLAY GROUND (CPG), PLAY GROUND (PG), PARK (PK), GARDEN (6) (GREEN BELT (Ge), ENVIRONMENTAL IMPROVEMENT RIVERINALA CHANNELISATION (CIVIC AND CULTURAL CENTRE (CC) FIRE BRIGADE (6) (CREMATION BURIAL GROUND (CRIBU) TRAFIC & TRANSPORTATION ‘TRUCK TERMINUS (71), PARKING (), BUS DEPOT (0), BUS TERMINUS (87). igh CAPAOITY MASS TRANSPORTATION ROUTE WITH INTERCHANGE (10) RAILWAY PROPOSED ROADS OTHERS TOWN CENTRE: DRAINAGE / WATER ‘TREATMENT WORK TW), PUMPING STATION (PSTN) ELEVATED SERVICE RESERVER (ESR) (OCTRO! NAKA (ON), POST OFFICE (PO), ‘TELEPHONE EXCHANGE (TE), POLICE cHOWKYIPC) [EBB srooricarions pone fy THE OFFICER ‘APPOINTED UNS 102 OF MRITP.ACT. 1086 MIE oorricanions oowe By THe Govt US31 OF MTP. ACT. 1966, BIE oorricanions succEsTED By THE Govt. UB 1 OF MRTP.ACT. 1968

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