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Mulagolla Ramadevi

The document provides a legal opinion regarding the mortgage of a residential property offered as security by Mulagolla Ramadevi and others, detailing the property description, ownership history, and relevant documents. It outlines the various sale deeds and agreements that establish the chain of title for the property, including the parties involved and their respective rights. The document confirms that the property is free from any encumbrances and that the mortgagors are authorized to offer it as security for the loan.
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0% found this document useful (0 votes)
41 views21 pages

Mulagolla Ramadevi

The document provides a legal opinion regarding the mortgage of a residential property offered as security by Mulagolla Ramadevi and others, detailing the property description, ownership history, and relevant documents. It outlines the various sale deeds and agreements that establish the chain of title for the property, including the parties involved and their respective rights. The document confirms that the property is free from any encumbrances and that the mortgagors are authorized to offer it as security for the loan.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1

To
THE MANAGER,
UNION BANK,
-E-ANDHRA BANK,
KAZA BRANCH
GUNTUR DISTRICT.
LEGAL OPINION

01. The complete description of immovable


property offered as security for creation :
of mortgage by deposit of the deeds/
simple mortgage

A-Schedule: An extent of 9317 Sq yds or 7789-94 Sq mts of residential vacant site


together with proposed construction of apartment situated at De Markation No: 73,
Further Sub D No: 73/14/1, 73/14/2, 73/8, 73/7, 73/17, Tedepalli Village, Tedepalli Gram
Panchayat Area, Mangalagiri Sub-division, SRO, Mangalagiri being bounded by:

East : Y. Arjunararao, Sunil Reddy lands


South : Road proceeds to Prothuru
West : Isha Bavarlal property
Again South : Isha Bavarlal property
Again West : Aparna Amavarathi-I apartment
North : Aparna Amavarathi-I apartment

B-Schedule: An extent of 9317 Sq yds or 7789-94 Sq mts of residential vacant sit, which
forms A-Schedule and in which an extent of 60-76 Sq yds with 945 Sq ft plinth area +
315 Sq ft common and car parking area + 51-31 Sq ft in club house = 1311-31 Sq ft for
the Flat No: 103 in ground floor of B-Block of Arnika Apartments, which forms B-
Schedule is bounded by:

East : Common corridor


South : Open to sky
West : Open to Sky
North : Open to sky
2

02. Particulars of documents scrutinized :


SL Date of Document Nature of Document Original/Copy
No Document No:
1 10.06.2020 --- Unregistered Sale Agreement Original
2 10.06.2020 --- Unregistered Construction Original
Agreement

3 11.05.2018 10895/2018 Development Agreement cum GPA Xerox copy


Deed
4 23.10.2018 20375/2018 Supplementary Deed for Xerox Copy
Development Agreement-cum-
GPA Deed
5 25.10.2018 20519/2018 Mortgage Deed Xerox copy
6 17.01.2007 591/2007 Sale Deed Xerox copy
7 09.09.2004 7098/2004 Sale Deed Xerox copy
8 14.07.1935 1628/1935 Sale Deed Certified copy
9 02.06.2008 4570/2008 Partition Deed Xerox copy
10 18.02.2010 1038/2010 Sale Deed Xerox copy
11 22.12.2006 8687/2006 Sale Deed Xerox copy
12 08.02.2010 797/2010 Sale Deed Xerox copy
13 31.05.1955 987/1955 Sale Deed Xerox copy
14 04.01.2014 No: 258602 Pattadar Pass Book in the name of Xerox copy
Javvaji Satyanarayana
15 No: 996 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Hanumantharao
16 No: 997 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Sambasivarao
17 No: 997 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Subbarao
18 22.10.2007 9651/2007 Partition Deed Xerox copy
19 Re-survey and Re-settlement Xerox copy
Registrar
20 02.11.2018 1143/0060/ Plan + Proceedings Xerox copy
B/TDP/
PTR/2018
21 14-07-2017 CIN No. Certification of Incorporation of Xerox copy
U45309AP2 Mullagolla Projects Pvt., Ltd.,
017
PTC106281
22 --- --- Memorandum of Association & Xerox copy
Articles of Association Mullagolla
Projects Pvt., Ltd.,
23 18-08-2018 CIN No. Certificate of Incorporation Xerox copy
U45309AP pursuant to change of name
2017
PTC106281
24 --- --- Memorandum of Association & Xerox copy
Articles of Association Ellington
Projects Pvt., Ltd.,
25 04-02-2019 --- Resolution of Ellington Projects Xerox Copy
Private Limited
26 23.05.2020 54871782 EC Original
27 11.06.2020 No: Search Receipt Original
1581/2020
3

Note:- This being an apartment Xerox copies of the link documents i.e., document
serial No’s: 3 to 27 are supplied, the Builder produced originals/certified copies,
after verification the documents originals/certified copes are returned to the
Builders.

03 Name of the Unit/Concern/Company PERSON


Person/body/authority offering the (Agreement Holder)
Property as due security Mulagolla Ramadevi,
for the loan
W/o Krishnareddy
R/at Door No: 78-5-66,
Kundavari Kandrika,
Pathapadu post,
Vijayawada Rural Mandalam,
Krishna District

1st Party (Land Lord)


1. Javvaji Satyanarayana,
S/o Krishnarao
2. Pereddy Nageswarareddy,
S/o Rama Subbareddy,
3. Pereddy Sreelatha,
W/o Nageswarareddy,
4. Vadlamanu Samhaiah @
Sambasivararao, S/o Late Subbayya
5. Vadlamanu Subbararao,
S/o Sambasivarao,
6. Vadlamanu Prasad,
S/o Sambasivarao,
7. Pati Nirmala, W/o Edukondalu
8. Vadlamanu Hanumantharrao,
S/o Late Subbayya,
9. Vadlamanu Subbararao,
S/o Hanumantharao,
10. Vadlamanu Srinivasararao,
S/o Hanumantharao,
11. Vadlamanu Rambabu,
S/o Hanumantharao
and
2nd Party (Developer) Previously
M/s. MULAGOLLA L LIFE SPACE
DEVELOPERS LLP {LLP
IDENTIFICATION NO: AAM-0490}
Presently ELINGTON SPACES LLP.,
rep. by its Managing Partner,
Mulagolla Praneeth,
S/o. Krishna Reddy
(Vendors)
04. Constitution of the mortgagor concern: Person
person/body/authority offering the
property for creation of charge
4

Whether he/they are owners/agents : Owner of the Property


and are entitled to act as Mortgagor.

In case the Mortgage is sought to be : No


created by an agent under a power
of Attorney whether the power of
Attorney is registered and currently in
force and subsisting. Such deed of
power of attorney authorize the agent
to deposit the Title deeds for creation
of mortgage over the properties.

In case of partnership firm whether the


property offered as security belongs to
the firm(Sec.14 of partners or whether: No
it has been brought into books
of accounts of the firm.
In case of Companies/Societies. Bye/
laws of the Company/Society/ : No
Association whether.
a) Memorandum and articles/bye/laws of
the company/society/association : No
authorize to offer its property as
security for the loan
b) Requisition resolutions have been : No
duly passed by the company /society/
association for mortgaging the
property in favour of the Bank.
c) Such resolutions sets out the names of the
persons who are authorized to create : No
charge over the properties, affixing of
common seat.
d) Whether there are any subsisting charges
as per the records of charges with the : No
Registrar of companies over the
property offered.
05. Brief History/flow of Title. Whether all
original link documents are available :
with the mortgage. Whether there is any
defect in the chain of Title.
On perusal of the documents, recitals and the information furnished by the party

concerned, it is observed here that the scheduled property devolved to the present land

owners by way of various sale deeds, documents and other sources. The present

scheduled property admeasuring Ac 1-92 ½ Cents or 9317 Sq yds or 7789-94 Sq mts or


5

Ac 1-92 ½ Cents of residential vacant site together with proposed constructions. All

those documents are discussed here under briefly.

Originally an extent of Ac 2-84 Cents of vacant land is in absolute possession and

enjoyment of Srinivasa Bhattaru Ayyavarlu and his son Venkata Bhattaru Ayyavarlu.

The said Venkata Bhattaru Ayyavarlu being minor., rep resented by natural guardian /

father Srinivasa Bhattaru Ayyavaru managed the properties. Due to personal and other

necessities Srinivasa Bhattaru Ayyavarlu decided to dispose the property to third parties

and offered a reasonable sale price of Rs. 994/-. Satisfied with that offer one Javvaji

Venkaiah agreed to purchase the same for the said price. After receipt of entire sale

consideration from the vendee, the vendors executed a sale deed in his favor and got it

registered in the office of Sub-registrar, Mangalagiri bearing number 1628/1935 dated

14.07.1935 and handover vacant possession to him on the same date along with relevant

documents.

On the other hand one Javvaji Venkaiah and Narumanchi Kotaiah jointly executed a

sale deed in favor of Vadlamanu Hanumanthararao and Vadlamanu Sambaiah for a

valuable sale consideration of Rs. 400/- for the extent of Ac 0-80 Cents. Sat the time of

purchasing the property Hanumanthararao and Sambaiah are minors, hence, they are

being represented by their natural guardian / mother Annapurnamma paid the

consideration and after receipt of entire consideration Javvaji Venkaiah and Narumanchi

Kotaiah got it registered the said deed in the office of Sub-registrar, Mangalagiri bearing

number 986/1955 dated 31.05.1955.

In this way Javvaji Venkaiah has got absolute rights, title, possession and enjoyment

over an extent of Ac 2-84 Cents of vacant property and another extent of Ac 0-31 Cents

of vacant property {purchased vide a registered sale deed No: 2601/1944 from Venkata

Veera Raghava Bhattaru} = Ac 3-15 Cents of property with absolute rights. While

enjoying the property Javvaji Venkaiah died intestate leaving behind his legal heirs

Javvaji Lakshmi Narayana, Javvaji Krishnararao and Javvaji Veeraiah unto the

properties. During his live time they disposed part of the properties to third parties and

hence they possessed only an extent of Ac 0-95 ½ Cents with absolute rights.
6

Later with those absolute rights Javvaji Lakshmi Narayana, Javvaji Krishnararao and

Javvaji Veeraiah enjoyed the properties jointly with absolute rights. Later Javvaji

Krishnararao died intestate leaving behind two sons Venkayya and Satyanarayana as his

legal heirs unto his share of properties. Javvaji Veeraiah also died intestate leaving

behind his son Javvaji Nageswararao into his share of properties. Javvaji

Lakshminarayana also died leaving behind his son Javvaji Rama Mohanararao unto his

share of properties.

Later the remaining legal heirs Javvaji Rama Mohanararao, Javvaji Nageswarararao,

Javvaji Venkaiah and Javvaji Satyanarayana decided to partition the properties into equal

parts and to that effect they executed a partition deed and got it registered in the office of

Sub-registrar, Mangalagiri bearing number 9651/2007 dated 22.10.2007 and possessed

their individual properties with absolute rights. As per the partition an extent of 331 Sq

yds in Item No: 1 + another extent of 119 Sq yds in Item No: 2 + another extent of 90 Sq

yds in Item No: 2 in A-Schedule fell to the share of Javvaji Rama Mohanararao with

absolute rights. The said Javvaji Rama Mohanararao also possessed another extent of Ac

0-31 Cents of property with absolute rights. The B-Schedule an extent of Ac 0-40 Cents

in Item No: 1 + 423 Sq yds in Item No: 2 fell to the share of Javvaji Nageswarararao with

absolute rights. The C-Schedule property an extent of Ac 0-55 ½ Cents in item No 1 +

another extent of 513 Sq yds in Item No: 2 + another extent of 90 Sq yds in Item No: 3

fell to the share of Javvaji Venkaiah and Javvaji Satyanarayana with absolute rights.

Later with those absolute rights Javvaji Venkaiah, Javvaji Satyanarayana and their

mother Javvaji Saraswathi, sisters Katike Vara lakshmi, Inturi Parvathi possessed the

properties with absolute rights. Further they possessed some moiré properties with

absolute rights. Later with those absolute rights they decided to partition their joint

properties into equal parts and to that effect they executed a partition deed and got it

registered in the office of Sub-registrar, Mangalagiri bearing number 4570/2008 dated

02.06.2008 and possessed their individual properties with absolute rights. As per the

partition the A-Schedule an extent of Ac 0-50 Cents in Item No: 1 + another extent of

254-46 Sq yds in Item No: 2 fell to the share of Javvaji Venkaiah with absolute rights.

The B-Schedule an extent of Ac 0-50 Cents in Item No: 1 + another extent of 254-46 Sq
7

yds in Item No: 2 fell to the share of Javvaji Satyanarayana with absolute rights. The C-

Schedule property an extent of Ac 005 ½ Cents fell to the share of Javvaji Saraswathi

with absolute rights. The said Katike Vara lakshmi and Inturi Parvathi are given Rs.

2,00,000/- jointly. Their mother Javvaji Saraswathi also given another amount of Rs.

57,000/- as Item No: 2 towards her share.

In this way Javvaji Satyanarayana has got absolute rights, title, possession and

enjoyment over his share of properties with absolute rights. On the other hand Javvaji

Rama Mohanararao {who is one of the parties in partition 9651/2007} disposed an extent

of Ac 0-15 ¾ Cents to

Anumala Venkata Krishna Reddy for a valuable sale consideration of Rs. 40,000/-. After

receipt of sale consideration Javvaji Rama Mohanarao got it registered the said deed in

the office of Sub-registrar, Mangalagiri bearing number 7098/2004 dated 09.09.2004 and

handover vacant possession of Ac 0-15 ¾ Cents to him on the same date along with

relevant documents. Later in turn Anumala Venkata Krishna Reddy also disposed the

property to Javvaji Satyanarayana for a valuable sale consideration of Rs. 60,000/-. After

receipt of entire consideration from the vendee Javvaji Satyanarayana, the vendor

Anumala Venkata Krishna Reddy got it registered the said deed in the office of Sub-

registrar, Mangalagiri bearing number 591/2007 dated 17.01.2007 and handover vacant

possession to him on the same date along with relevant documents.

In this way Javvaji Satyanarayana has got absolute rights, title, possession and

enjoyment over total extent of Ac 0-65 ¾ Cents {an extent of Ac 015 ¾ Cents vide

591/2007 + another extent of ac 0-50 Cents vide partition deed 9651/2007 = Ac 0-65 ¾

Cents} of vacant land with absolute rights. Due to personal and other necessities Javvaji

Satyanarayana disposed Ac 0-10 Cents to Pereddy Nageswarareddy and Pereddy

Sreelatha for a valuable sale consideration of Rs. 4,84,000/-. After receipt of entire

consideration from the vendees, the vendor executed a sale deed in their favor and got it

registered in the office of Sub-registrar, Mangalagiri bearing number 797/2010 dated

08.02.2010 and handover vacant possession of Ac 0-10 Cents to them on the same date

along with relevant documents.


8

While the matters stood thus, the above mentioned one of the members in Partition

Deed 9651/2007 namely Javvaji Rama Mohanararao possessed an extent of Ac 0-41

1/4Cents with absolute rights. Due to personal and other necessities Javvaji Rama

Mohanararao and his two sons Lakshminarayana and Baburao executed a sale deed in

favor of Vadlamanu Subbararao for the extent of Ac 0-41 ¼ Cents of vacant property for

a valuable sale consideration of Rs. 1,80,000/-. After receipt of entire considerwtion

from the vendee, the vendors executed a sale deed in his favor and got it registered in the

office of Sub-registrar, Mangalagiri bearing number 8687/2006 dated 22.12.2006 and

handover vacant possession of Ac 0-41 ¼ Cents to him on the same date along with

relevant documents.

On the other hand the above mentioned Javvaji Saraswathi {who got an extent of Ac

0-05 ½ Cents of property vide partition deed 4570/2008} executed a sale deed in favor of

Javvaji Satyanarayana for a valuable sale consideration of Rs. 2,66,500/-. After receipt

of entire sale consideration from the vendee, the vendor executed a sale deed in his favor

and got it registered in the office of Sub-registrar, Mangalagiri bearing number

1038/2010 dated 18.02.2010 and handover vacant possession of Ac 0-05 ½ Cents or

2666-2 Sq yds to him on the same date along with relevant documents.

In this way as per the above discussions Javvaji Satyanarayana has got absolute

rights, title, possession and enjoyment over total extent of Ac 0-71 ¼ Cents {an extent of

Ac 0-15 ¾ Cents vide 591/2007 document + another extent of Ac 0-50 Cents vide

Partition Deed 4570/2008 + another extent of Ac 0-05 ½ Cents vide 1038/2010 document

= Ac 0-71 ¼ Cents} of property with absolute rights. Pereddy Nageswarareddy and

Pereddy Sreelatha jointly possessed an extent of Ac 0-10 Cents of property vide sale

deed No: 979/2010 document. Vadlamanu Hanumanthararao and Vadlamanu

Sambaiah @ Sambasivarao got joint rights over Ac 0-80 Cents of property vide

986/1955 document. Vadlamanu Subbararao has got absolute rights over an extent of

Ac 0-41 ¼ Cents of property vide 8687/2006 document. Thus Javvaji Satyanarayana,

Pereddy Nageswarareddy, Pereddy Sreelatha, Vadlamanu Hanumanthararao,

Vadlamanu Sambaiah @ Sambasivararao, Vadlamanu Prasad, Vadlamanu

Subbararao, S/o Sambasivarrao @ Sambaiah, Pati Nurmala, D/o Sambasivararao


9

@ Sambaiah, Vadlamanu Srinivasararao, S/o Hanumanthararao and Vadlamanu

Subbarao, S/o Hanumanthararao, Vadlamanu Rambabu jointly possessed total

extent of Ac 2-02 Cents or after corrected measurements Ac 1-92 ½ Cents { Ac 0-71 ¼

Cents + Ac 0-10 Cents + Ac 0-80 Cents + Ac 0-41 ¼ Cents = Ac 2-02 Cents or after

corrected measurements Ac 1-92 ½ Cents} of property with absolute rights.

As the property is not fetching any income and to improve their financial states, the

above members decided to construct a multi storied apartment with Stilt, G+4 Floors

Apartment and decided to dispose each and every flat to third parties for a valuable sale

considerations in the entire property. Due to lack of sufficient knowledge the above

members approached Mulagolla Life Space Developers LLP., presently Ellington Spaces

LLP, rep by its Managing Partner Mulagolla Praneeth and requested him to construct the

so-called constructions on their behalf. Basing on their request all the members jointly

executed a development Agreement-cum-Irrevocable GPA Deed with certain rules and

regulations and got it registered the said deed in the office of Sub-registrar, Mangalagiri

bearing number 10895/2018 dated 11.05.2018.

Later they executed a Supplementary Development Agreement-cum-Irrevocable GPA

Deed with certain rules and regulations and got it registered in the office of Sub-registrar,

Mangalagiri bearing number 20375/2018 dated 23.10.2018 and possessed their individual

flats with absolute rights. As per the furnished copy Flat No’s: 201 in A Block, 201, 205,

206, 207, 211, 212, 306, 307, 405, 406, 407, 510 in B Block, Flat No’s: 310, 403, 408,

410, 508, 509, 510 in C Block fell to the share of Javvaji Satyanarayana with absolute

rights. The Flat No’s: 401, 402 in A Block, 108, 412 in B Block fell to the share of

Pereddy Nageswarareddy, Pereddy Sreelatha with absolute rights. The Flat No: 502 in A

Block fell to the share of Vadlamanu Sambaiah @ Sambasivararao, Vadlamanu

Subbararao, Vadlamanu Prasad, Pati Nirmala with absolute rights. The Flat No’s: 112,

210, 312, 411 in B Block, 109, 204, 210 and 305 in C Block fell to the share of

Vadlamanu Subbararao, Vadlamanu Prasad with absolute rights. The Flat No’s: 101 in A

Block, 105, 301, 305, 403, 404, 508 in B Block, 103, 206, 405, 501, 502 in C Block fell

to the share of Vadlamanu Hanumanthararao, Vadamanu Subbararao, Vadlamamanu

Srinivasararao, Vadlamanu Rambabu with absolute rights. The Flat No’s: 102, 202, 301,
10

302, 501 in A Block, 101, 102, 103, 104, 106, 107, 109, 110, 111, 202, 203, 208, 209,

302, 3023, 304, 308, 309, 310, 311, 401, 402, 408, 409, 410, 501, 502, 503, 504, 505,

506, 507, 511, 512 in B Block, Flat No’s A: 101, 102, 104, 105, 106, 107, 108, 110, 201,

202, 203, 205, 207, 208, 209, 301, 302, 303, 304, 306, 307, 308, 309, 401, 402, 404, 406,

407, 409, 503, 504, 505, 506, 507 in C Block fell to the share of builder Mulagolla Life

Space Developers LLP., rep by its Managing Partner Mulagolla Praneeth with absolute

rights.

After completion of all formalities the land owners filed an application along with

relevant plan before APCRDA and requested the authorities to sanction the plan for the

so-called constructions. Basing on their request the authorities sanctioned the plan for the

so-called constructions vide their proceedings in 1143/0060/B/TDP/PTR/2018 dated

02.11.2018. At the time of issuing the plan the land owners mortgaged 10% of the built

up area as per the procedure and got it registered the said deed in the office of Sub-

registrar, Mangalagiri bearing number 20519/2018 dated 25.10.2018.

After completion of all formalities the applicants Javvaji Satyanarayana, Pereddy

Nageswarareddy, Pereddy Sreelatha, Vadlamanu Samhaiah @ Sambasivararao,

Vadlamanu Subbararao, Vadlamanu Prasad, Pati Nirmala, Vadlamanu Hanumantharrao,

Vadlamanu Subbararao, Vadlamanu Srinivasararao, Vadlamanu Rambabu and Mulagolla

Life Space Developers LLP, presently Ellington Spaces LLP, rep by its Managing Partner

Mulagolla Praneeth started construction activities in the entire property and offered a

reasonable sale prices to each and every flat according to their dimensions. Accordingly

the Flat No: 401 in third floor of C-Block also offered a reasonable sale price of Rs.

20,33,000/-. Satisfied with that offer the present proposed applicant Mulagolla Ramadevi

agreed to purchase the same for the said price. As per the development the present flat

fell to the share of the builder Mulagolla Praneeth with absolute rights. Hence, he

executed a sale agreement in favour of the applicant on 10.06.2020 for the agreed

consideration. At the time of execution of the agreement, the applicant paid an amount of

Rs. 1,00,000/- towards part payment out of entire consideration of Rs. 20,33,000/-.

Later the applicant approached the builder Mulagolla Praneeth and requested him for

construction of internal works for the so-called flat. Hence, the builder executed a
11

construction agreement in favour of the applicant on 10.06.2020 for a consideration of

Rs. 47,60,000/-.

After completion of all formalities the applicant approached the bank for financial

assistance for purchasing as well as for the above mentioned works and agreed to

mortgage the title deed document in favour of the bank after getting sale deed in his

favour. For that purpose the applicant furnished all the relevant documents to the bank

for scrutiny and they are mentioned as Sl No’s: 1 to 27 in the list of scrutinized

documents. After scrutiny by the advocate it is reported that they are quite in order

without any impediments. Hence, the detailed legal scrutiny report.

After verification and scrutiny of the documents discussed above and after
conducting the search of the Sub-Registrar’s Office Records and the Regd.
Encumbrances, if any effecting the property mentioned above I obtained by way of
Verification. 1. The Encumbrance Certificate and 2. Certified copy of Sale Deeds,
from Public Online Copy/Mee-seva/S.R.O., Mangalagiri and on that above discloses
that the property is free from all encumbrances.
On perusal of the documents discussed above I am of the opinion that there was
no defect in chain of the title.

6. Description/state & nature of title of the mortgagor Full Ownership rights


over the property. Whether full ownership right/limited
right/vested remainder rights/ leased-hold right/
occupancy possessory rights or holder of Govt. Grant/
Assignment Pattas etc.
7. If the title over the property is lease-hold rights No
a) Whether the lease permits creation of mortgage
by the lessee. No
b) Whether the lease deed has been
Registered as required under law of registration No
and the Transfer of property Act.

c) Total duration of the lease, duration of No


unexpired lease period.
d) Whether there are any prejudicial Clauses in the No
lease deeds which are likely to affect the lease hold
property offered as security or the rights of the
mortgagor to mortgage the property.
e) Whether the permission from the lessor is a No
condition for creation of mortgage. Whether the
requisite permission has been obtained, with
details of such permission.
f) In case of Govt. grants/assigned lands whether the
terms of such grant/assignment permit the No
creation of charges, also whether the requisite
permission from the competent authorities is
obtained.
12

8. Whether any minor’s interest if involved if No


so whether permission from competent court has
been obtained for offering the property as security
with the details of the order etc.
9. Whether the property holding of the proposed Not applicable
Mortgagor are within the ceiling –limits prescribed
under the Urban Land (Ceiling Regulations). Act,
1978.
10. Whether NOC under IT Act, 1961 is required to be No
obtained before the creation of the proposed
Mortgage. If yes, the reference of such N.O.C
Issued by the ITO together with the date be
mentioned.
11. State whether the land is affected by any No
local Act, Revenue and, Tenancy
regulations. If so how and to what extent the right
of the Mortgagor to create the mortgage will be
affected. Whether Marketability of holding will be
effected by any local Acts.
12. If the property proposed to be mortgage comprises No
of agricultural lands.
a) ‘Whether the mortgage can be created by the
mortgagor in favor of the Bank under the No
Tenancy Laws for Agricultural and
nonagricultural purposes.
b) Whether the land is mutated in the Revenue
Records in favor of the mortgagor and the No
holding is within. Ceiling limit prescribed
c) Whether Pattadar Pass Book & Title Deed Pass
Books are copies of Revenue Records have No
been examined.
d) Whether permission for conversion of Land
from agricultural to residential/ commercial No
use is obtained, whether necessary, from the
Requisite authorities.
e) Whether the mortgage created on the
Agricultural lands will be subject to any No
restrictions/ infirmities under the local Acts.
f) Whether the mortgage/ charge requires or has
been registered with the Revenue Authorities No
and/or. Revenue Record /Pass Book.

13. If the property to be mortgage is a flat/apartment Yes, apartment, flat No: 103
In residential or commercial complex, whether in ground floor of B-Block
a) Whether the documents produced unequivocally Yes, the builder has title
establish independent title of the proposed
b) Whether the link documents are produced in Originals/certified copies
original or under certified extracts etc. produced and returned to
<
builder
c) Whether undivided share in the land has been Yes
vested in the mortgagor.
d) Whether the vendees to the mortgagor has absolute Yes, absolute rights
rights to transfer the flat and they had not
encumbered the property for construction of the
building or any other purpose.
e) Suitable covenants providing for proper Yes, incorporated
13

Enjoyment of the common areas and facilities have


been incorporated under the documents.

Yes, has got approved plans


f) The mortgagor/builder holds a duly approved Plan
and clearance for the property offered as security.
14. In case of Gift. Will, Partition/Settlement Deeds No gift deeds, will/s,
settlement deeds in the chain
of title. But partition deed
involved in the chain of title
The original partition deed
a) Whether the original deed is available for Deposit. is verified
Partition Deed registered as
b) Whether such documents are Registered Under the 9651/2007
law for the time being in force.
Not applicable
c) Whether the Will has been probated. In case of
devolution of property by a Will the Safeguards
taken to ensure against impeachment of title to the
property offered as security.
As per the partition deed
d) Whether the shares have been divided in metes and shares have been divided in
bounds. metes and bounds
Not applicable
e) Whether the mortgage created in favor of the Bank
will suffer from any infirmities/restrictions.
15. Whether the possession of the Mortgagor or the Yes,
property offered security is an unhindered No adverse possession
Possession for more than 15 years either through
himself or through No adverse possession his
predecessors in title. Whether any adverse
possession exists on the property offered for
mortgage.
16. Do the documents produced for Inspection No
Disclose any subsisting charges, liens, claims,
attachments over, the property offered for
mortgage. If yes the details thereof
17. Whether the requisite property tax/land revenue or No-Due
other statutory dues have been paid in respect of
the Property offered as the security up date and
relative receipts produced.

18. Description of the period covered under the EC with Statement No:
encumbrance Certificate and also about the 54871782, date 23.05.2020,
encumbrances if any, referred therein. issued by SRO, Mangalagiri
right from 01.01.1983 to
22.05.2020.
There are no Encumbrances.
19. Is the title tainted by any encumbrances, No
attachments, claims whether the property is under
acquisition Notification of the Government
(Central/State) other local authorities or third party
claims liens exists etc. If yes the details there of.
20. Confirmation that the latest title deeds through Which proposed mortgagor
derived titled to the Property as also the immediately preceding title Deeds are
available in original
SL Date of Document Nature of Document Original/Copy
14

No Document No:
1 10.06.2020 --- Unregistered Sale Agreement Original
2 10.06.2020 --- Unregistered Construction Original
Agreement
3 11.05.2018 10895/2018 Development Agreement cum GPA Xerox copy
Deed
4 23.10.2018 20375/2018 Supplementary Deed for Xerox Copy
Development Agreement-cum-
GPA Deed
5 25.10.2018 20519/2018 Mortgage Deed Xerox copy
6 17.01.2007 591/2007 Sale Deed Xerox copy
7 09.09.2004 7098/2004 Sale Deed Xerox copy
8 14.07.1935 1628/1935 Sale Deed Certified copy
9 02.06.2008 4570/2008 Partition Deed Xerox copy
10 18.02.2010 1038/2010 Sale Deed Xerox copy
11 22.12.2006 8687/2006 Sale Deed Xerox copy
12 08.02.2010 797/2010 Sale Deed Xerox copy
13 31.05.1955 987/1955 Sale Deed Xerox copy
14 04.01.2014 No: 258602 Pattadar Pass Book in the name of Xerox copy
Javvaji Satyanarayana
15 No: 996 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Hanumantharao
16 No: 997 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Sambasivarao
17 No: 997 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Subbarao
18 22.10.2007 9651/2007 Partition Deed Xerox copy
19 Re-survey and Re-settlement Xerox copy
Registrar
20 02.11.2018 1143/0060/ Plan + Proceedings Xerox copy
B/TDP/
PTR/2018
21 14-07-2017 CIN No. Certification of Incorporation of Xerox copy
U45309AP2 Mullagolla Projects Pvt., Ltd.,
017
PTC106281
22 --- --- Memorandum of Association & Xerox copy
Articles of Association Mullagolla
Projects Pvt., Ltd.,
23 18-08-2018 CIN No. Certificate of Incorporation Xerox copy
U45309AP pursuant to change of name
2017
PTC106281
24 --- --- Memorandum of Association & Xerox copy
Articles of Association Ellington
Projects Pvt., Ltd.,
25 04-02-2019 --- Resolution of Ellington Projects Xerox Copy
Private Limited
26 23.05.2020 54871782 EC Original
27 11.06.2020 No: Search Receipt Original
1581/2020
21. Confirmation that the mortgage by Deposit of title YES
Deeds (Originals) is possible on the strength Of
the documents produced for scrutiny
15

i) The list of documents to be deposited for creation of equitable mortgage over


the Property /ies offered as security may be set out

SL Date of Document Nature of Document Original/Copy


No Document No:
1 10.06.2020 --- Unregistered Sale Agreement Original
2 10.06.2020 --- Unregistered Construction Original
Agreement
3 11.05.2018 10895/2018 Development Agreement cum GPA Xerox copy
Deed
4 23.10.2018 20375/2018 Supplementary Deed for Xerox Copy
Development Agreement-cum-
GPA Deed
5 25.10.2018 20519/2018 Mortgage Deed Xerox copy
6 17.01.2007 591/2007 Sale Deed Xerox copy
7 09.09.2004 7098/2004 Sale Deed Xerox copy
8 14.07.1935 1628/1935 Sale Deed Certified copy
9 02.06.2008 4570/2008 Partition Deed Xerox copy
10 18.02.2010 1038/2010 Sale Deed Xerox copy
11 22.12.2006 8687/2006 Sale Deed Xerox copy
12 08.02.2010 797/2010 Sale Deed Xerox copy
13 31.05.1955 987/1955 Sale Deed Xerox copy
14 04.01.2014 No: 258602 Pattadar Pass Book in the name of Xerox copy
Javvaji Satyanarayana
15 No: 996 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Hanumantharao
16 No: 997 Pattadar Pass Book in the name of Xerox copy
Vadlamanu Sambasivarao

17 No: 997 Pattadar Pass Book in the name of Xerox copy


Vadlamanu Subbarao
18 22.10.2007 9651/2007 Partition Deed Xerox copy
19 Re-survey and Re-settlement Xerox copy
Registrar
20 02.11.2018 1143/0060/ Plan + Proceedings Xerox copy
B/TDP/
PTR/2018
21 14-07-2017 CIN No. Certification of Incorporation of Xerox copy
U45309AP2 Mullagolla Projects Pvt., Ltd.,
017
PTC106281
22 --- --- Memorandum of Association & Xerox copy
Articles of Association Mullagolla
Projects Pvt., Ltd.,
23 18-08-2018 CIN No. Certificate of Incorporation Xerox copy
U45309AP pursuant to change of name
2017
PTC106281
24 --- --- Memorandum of Association & Xerox copy
Articles of Association Ellington
Projects Pvt., Ltd.,
25 04-02-2019 --- Resolution of Ellington Projects Xerox Copy
Private Limited
26 23.05.2020 54871782 EC Original
27 11.06.2020 No: Search Receipt Original
16

1581/2020

ii) The person who are required to Agreement holder/s after registration of
join to deposit the said document of title regular sale deed i.e.,
be mentioned.
Mulagolla Ramadevi,
W/o Krishnareddy
R/at Door No: 78-5-66,
Kundavari Kandrika,
Pathapadu post,
Vijayawada Rural Mandalam,
Krishna District
OPINION
That the mortgage if created will be available to the Bank for the liability of the
intending borrower Mulagolla Ramadevi, W/o Krishna Reddy (Agreement Holder).
On the material placed before me, I am the considered opinion that:

1st Party (Land Lord/s)


(1) Javvaji Satyanarayana, S/o Krishnarao, (2) Pereddy Nageswarareddy, S/o Rama
Subbareddy, (3) Pereddy Sreelatha, W/o Nageswarareddy, (4) Vadlamanu Samhaiah @
Sambasivararao, S/o Late Subbayya, (5) Vadlamanu Subbararao, S/o Sambasivarao,
(6) Vadlamanu Prasad, S/o Sambasivarao, (7) Pati Nirmala, W/o Edukondalu, (8)
Vadlamanu Hanumantharrao, S/o Late Subbayya, (9) Vadlamanu Subbararao, S/o
Hanumantharao, (10) Vadlamanu Srinivasararao, S/o Hanumantharao, (11) Vadlamanu
Rambabu, S/o Hanumantharao
And
2nd Party (Developer) Previously
M/s. MULAGOLLA L LIFE SPACE DEVELOPERS LLP {LLP
IDENTIFICATION NO: AAM-0490}
Presently ELINGTON SPACES LLP., rep. by its Managing Partner,
Mulagolla Praneeth,
S/o. Krishna Reddy
(Vendors)
have been absolute, clear and marketable title over the property of mentioned above and
he/they can mortgage the same to the Bank. I also certify that the property is free from
any existing Charge/encumbrances. The Bank can accept the original documents
mentioned above (S.No.21) for creation of mortgage by way of deposit of title deeds.
After registration of the sale deeds Mulagolla Ramadevi, W/o Krishna Reddy may
deposit the title deeds with the bank mortgage the same to the Bank.

(NORI SRIDHAR)
. ADVOCATE
Place: Vijayawada,
Date : 12-06.2020
17

DECLARATION
I/We, Mulagolla Ramadevi, W/o Krishna Reddy , aged about 51 years, R/at Door
No: 78-5-66, Kundavari Kandrika, Pathapadu post, Vijayawada Rural Mandalam,
Krishna District; do hereby solemnly and sincerely declare and say as follows:

(1) We are the Proposed Mortgagor in respect of the following schedule property for
credit/loan transactions with Union Bank, E-Andhra Bank, Kaza Branch, Guntur District.
(2) We are the absolute owners of the schedule below mentioned property, we have
purchased the property from (1) Javvaji Satyanarayana, (2) Pereddy Nageswarareddy,
(3) Pereddy Sreelatha, (4) Vadlamanu Samhaiah @ Sambasivararao, (5) Vadlamanu
Subbararao, (6) Vadlamanu Prasad, (7) Pati Nirmala, (8) Vadlamanu Hanumantharrao,
(9) Vadlamanu Subbararao, (10) Vadlamanu Srinivasararao, (11) Vadlamanu Rambabu
and Mulagolla Life Space Developers LLP, Presently ELLINGTON SPACES LLP., rep
by Mulagolla Praneethand the same was registered as a Document No: xxxx/2020, dated
xx.xx.xxxx at S.R.O., Mangalagiri. The schedule property is delivered to us on the date
of document and ever since we have been in peaceful possession and enjoyment of the
said property with clear, valid and marketable title thereto. Our predecessors in title has
got the property through a Devolvement Agreement cum GPA vide Document No.
20375/2018, dated 23.10.2018, at SRO, Mangalagiri. From there on they are in peaceful
possession and enjoyment of the same as an absolute owners, till they sold the same to us.
18

1.

2.

…2…
(3) We declare that we have not created any mortgage, charge or encumbrances of
any kind of nature whatsoever on or in respect of the said property. We further declare
that said property is free from all encumbrances, claims or demand of any kind or nature
whatsoever. We I further declare that no adverse claim of any kind exists against the said
property. We have not received any notice of any intended or compulsory acquisition of
the said property or any notice that the said property is reserved for any particular
purpose.
(4) We, further say that the only title deeds / documents or writing to the said
property which are in my possession are those as stated above and that we do not have in
my possession any other title deeds, documents or writing in respect of the said
properties. We further declare and say that we have not at any time deposited any of the
title deeds relating to the said property with any person or persons whomsoever as and by
way of security, equitable mortgage by deposit of title deeds, charge, lien or trust or in
any manner whatsoever and that the said property is free from all encumbrances, claim
and demands. No claim has ever has been made against me or against the said property
on the ground of any deposit of all or any of the title deeds, documents or writings or any
one or more than as security or on any other ground whatsoever.
(5) We say that there is no dues of house tax assessment, income tax, wealth tax,
expenditure tax or any other taxes, cesses, dues assessments due and payable by me for
which the said property is liable to be attached nor have we received any notice/demand
under the payment of taxes act. The transfer of property (Amendments) Act, the Income
Tax Act, The Wealth Tax Act, The Expenditure Tax Act, The Gift Tax Act or any other
Act issued or pending against me over the said property.
(6) We say that the said property is not subject matter of any suit or legal proceedings
nor any attachment before or after judgment nor has any trust secret or otherwise, been
created in respect of the said property. We hereby declare we have not executed any
Power of Attorney in favour of any person(s) or not authorized any persons in any
manner to deal with the properties mentioned herein below.
(7) We hereby say that Bank has given and has agreed to continue to give various
banking and financial facilities to me on the strength of the guarantee given by us and we
hereby agree and undertake not to mortgage, charge, encumber, lease, dispose of or deal
with the property mortgaged by me to cover the guarantee during the continuance of the
said facilities to me.
(8) We hereby declare and say that we have agreed and undertaken to indemnify and
keep indemnified the Bank fully and effectually against all Claims, demands, charges and
expenses whatsoever in respect of my properties.
(9) We make this declaration solemnly sincerely and conscientiously knowing the
same to be true and knowing that on the faith of the said declaration the bank has given
and agreed to continue to give to me the said Bank and financial facilities.
(10) We also state that we are held liable for the legal actions both civil and criminal
taken by the bank if any facts, were proved otherwise in future.

1.
19

2.

…3…

SCHEDULE
A-Schedule: An extent of 9317 Sq yds or 7789-94 Sq mts of residential vacant site
together with proposed construction of apartment situated at De Markation No: 73,
Further Sub D No: 73/14/1, 73/14/2, 73/8, 73/7, 73/17, Tedepalli Village, Tedepalli Gram
Panchayat Area, Mangalagiri Sub-division, SRO, Mangalagiri being bounded by:
East : Y. Arjunararao, Sunil Reddy lands
South : Road proceeds to Prothuru
West : Isha Bavarlal property
Again South : Isha Bavarlal property
Again West : Aparna Amavarathi-I apartment
North : Aparna Amavarathi-I apartment

B-Schedule: An extent of 9317 Sq yds or 7789-94 Sq mts of residential vacant sit, which
forms A-Schedule and in which an extent of 60-76 Sq yds with 945 Sq ft plinth area +
315 Sq ft common and car parking area + 51-31 Sq ft in club house = 1311-31 Sq ft for
the Flat No: 103 in ground floor of B-Block of Arnika Apartments, which forms B-
Schedule is bounded by:

East : Common corridor


South : Open to sky
West : Open to Sky
North : Open to sky

1.

2.

DEPONENT/S

Solemnly affirm and signed before me on this the 13th day of June 2020, at Vijayawada.
20

Mobile : 9666396999
9440320943
Nori Sridhar, M.A., B.L.,
Advocate & Notary (Government of India)
# 33-25-33A, Bellapu Sobhanadri Street, Suryaraopet, Vijayawada
===============================================================
To
THE MANAGER,
UNION BANK,
-E- ANDHRA BANK,
KAZA BRANCH
GUNTUR DISTRICT.
Sub: Legal Opinion – Title Deeds of Mulagolla Ramadevi, W/o Krishna Reddy
request for fees and expenses - regarding.

S.No. Name Description Amount Remarks


Rs.

1. Mulagolla Ramadevi, W/o Legal Opinion 3,000/-


Krishna Reddy Charges

2. Sub-Registrar’s Office a) Single Search 200/-


Expenses
b) Travelling & 200/-
Other Miscellaneous

-----------
Total Amount 3,400/-
-------------

Please credit the same to my S.B.A/c:- 051010100139691

Thanking you sir,

Yours Sincerely,
(NORI SRIDHAR)
. ADVOCATE.
Place: Vijayawada,
Date : 12.06.2020
21

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