ADVOCATE & NOTARY

Office:
1rt Floor, Aditya Towers,
Main Road, Gurupura Kaikamba
Kinnikambla Post,
Mangaluru Taluk. I
*s'
CELL- 9 4483 0 0251, 98445 4 4932. .tt

Dated :22-1-2-201.8

LEGAL OPINION
To,
The Manager,
The Mangaluru Co-operative Town Bank [Ltd.J
Gurupura-Kaikamba B ranch,
Kaikamba, Kinnikambla Post, Mangaluru Taluk.

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Legal Opinion has been sought from me regarding marketable
title in respect of the following detailed immovable properfy held b1,:

Mrs. Nafeesa, W /o. Ummar Shareef, residing at Door No. 5-

21,2/1, Aziz Complex, Kaikamba, Mooduperar Village, Kinnikambla
Post, Mangaluru Taluk, D. K. District.

SCHEDULE
DISCRIPTION OF PROPERTY
The schedule property is situated at Mooduperar Village of
Mangaluru Taluh D. K. District within the registration Sub-district of
Mangaluru Taluk
u an
a CO n ised
SC i n:
+Survev No. Kissam Extent
Sq. Mts.
r02 /L-4F Converted 135.08
One Hundred Thirty Five pointZero Eight
Square Meters only {
Together with all other mamool and easementary rights,
appurtenant thereto. I

The following documents have been produced before me for Perusal:- !

{
f,
sl. Date Description Of Title Deeds Remarks \
No. a
1,. 05.11.197 6 The Judgment of the Land Tribunal, Xerox Copy !

Mangaluru in LRT No. 111/76-77

granted in favour of Abdul Gafoor
Saheb.
,....2

/ /..
 :2:
2. 27.03.1980 Form No,10 issued by the Special Xerox Copy
Tahsildar of Mangaluru Taluk.
3. 24.09.1997 Settlement Deed registered as
document No. 2253 /1997 -98 of \
SR0 Mangaluru Taluk Executed Baji Xerox Copy
Abdul Gafoor in favour of Abdul
Kareem along with sketch.
4. 05.04.2017 Sale Deed registered as document
No. MGT-1-00155/2017-1,8 of SRO
Mangaluru Taluk executed by Xerox Copy
Abdul Kareem @ Sheik Abdul
Kareem in favour of Nafeesa along
with sketch.
5. 1.0.10.201,1 General Power of Attorney
registered as document No. MGT-4- Xerox Copy
00148/2011,-1,2 of SRO Mangaluru
Taluk executed by Abdul Kareem in
K{JA{>. favour of Valerian Pereira.
/ /vii"rrco*o\
*(*'JJlii:*
\.
)
6. 1,8.11,.2014 Conversion Order No.

\L<'
r i leRr'^i;(A)r/ DKD C

issued by
/ B2BILNA[2) / 20 14-1s
the District
Xerox Copy

Commissioner of D. K. District,
Mangaluru along with sketch.
7. 21.06.20L6 Single site approval order No" No. Xerox Copy
Pa.pe.Gra.Pan/E-
Swathu/CR/32/16-1,T issued by
the Paduperar Grama panchayath
along with Site plan.
B. 22.07.201,6 Form 9 & 11A issued under rule
2Bl1) and rule 30 by the paduperar Xerox Copy
Grama Panchayath in favour of
Sheik Abdul Kareem.
9. 22.05.201,7 Form 9 & 11A issued under rule
2B{1) and rule 30 by'the Paduperar Xerox Copy
Grama Panchayath in favour of
Applicant.
10. 20.07 .2017 Building license bearing No.
32/2017-18 issued by the Xerox Copy
Paduperar Grama Panchayath.
11,. 30.1,1,.2017 Memorandum of Deposit of Title Original
Deeds registered as document No.
BB97 /17-18, executed by Nafeesa
in favour of Mangaluru Co-
operative Town Bank Ltd.,
Gurupura-Kaikamba B ranch.
 :3:
1,2. 25.09.201,7 Encumbrance Certificate bearing
No.7245/2017-18 in respect of the Original
property in question for a period
from 01.04.1989 to 12.09.201,7.
13. 30.11.2018 Encumbrance Certificate bearing
No. 9932/18-19 in respect of the Original
property in question for a period
from 1,3.07.2017 to 27.1,1,.2018.
74. Latest Computerized RTC of the
property in question standing in True Extract
the name of Mr. Abdul Kareem,

Devolution of title :

The Schedule property and other properties were originally held by

one Mr. Abdul Gafoor as Moolageni tenant. On coming into force of the
Karnataka Land Reforms Act, the said Abdul Gafoor had filed declaration
* before Land Tribunal of Mangaluru Taluk seeking occupancy rights in
I respect of the Schedule property. After the enquiry, the Land Tribunal of

h
\Cl-l-:

Viiayar
Mangaluru Taluk was pleased to conferred the occupancy rights of the
.egd. l(
D,K.
Schedule Property in favour of said Abdul Gafoor (vide document no.
eRr
,
1). In pursuance of the order of the Land Tribunal, the Special Tahsildar
L.e<y of Land Reforms Tribunal, Mangaluru has issued a Registration Certificate
in Form no. 10fvide document no. Z) in his favour.

Later on, Mr. Abdul Gafoor has settled the some portion of his land to
his younger brother's son Mr. Abdul Kareem by executing the
Settlement Deed (vide document No. 3). Hence Mr. Abdul Kareem
became the absolute owner of the Schedule Property.

Thereafter, Mr. Abdul Kareem @ Sheik Abdul Kareem has sold the
Schedule Property to one Mrs. Nafeesa (vide document no. 4). And in
the Sale Deed the aforesaid Mr. Abdul Kareem @ Sheik Abdul Kareem was
represented by his GPA Holder Mr. Valerlan Pereira (vide document No.
5). Hence Mrs. Nafeesa became the absolute owner of the schedule
property"

Mr. Sheik Abdul Kareem has applied for Single Site approval of the
land measuring 0.04.25 acre before the Paduperar Gram Panchayth and
thereafter the Panchayath has passed the order for single site approval by
reserving 36.90 Sq. Mtr. land for extending Road[vide document No. 7).
In pursuance of aforesaid order the Khata in Form No. 9 & 11A of the
schedule property was issued by the Paduperar Grama Panchayath in
favour of Mr. Sheik Abdul Kareem [VUe document No. B).
....4
NA,
I 1,2.

13.

1,4.
25.09.2017

30.11.2018
.2

Encumbrance Certificate bearing

No. 7245 /2017 -lB in respect of the
property in question for a period
from 01.04.1989 to 1,2.09.201,7.
Encumbrance Certificate bearing
No. 9932 /18-1,9 in respect of the
property in question for a period
from 1,3.07.2017 to 27.11..201,8.
Latest Computerized RTC of the
Original

Original

property in question standing in True Extract

the name of Mr. Abdul Kareem.

Devolution of title :

The Schedule property and other properties were originally held by

one Mr. Abdul Gafoor as Moolageni tenant. On coming into force of the
Karnataka Land Reforms Act, the said Abdul Gafoor had filed declaration
* before Land Tribunal of Mangaluru Taluk seeking occupancy rights in
respect of the Schedule property. After the enquiry, the Land Tribunal of
Mangaluru Taluk was pleased to conferred the occupancy rights of the
Schedule Property in favour of said Abdul Gafoor (vide document no.
1). In pursuance of the order of the Land Tribunal, the Special Tahsildar
of Land Reforms Tribunal, Mangaluru has issued a Registration Certificate
in Form no. 10(vide document no. 2) in his favour.

Later on, Mr. Abdul Gafoor has settled the some portion of his land to
his younger brother's son Mr. Abdul Kareem by executing the
Settlement Deed (vide document No. 3). Hence Mr. Abdul Kareem
became the absolute owner of the Schedule Property.

Thereafter, Mr. Abdul Kareem @ Sheik Abdul Kareem has sold the
schedule Property to one Mrs. Nafeesa (vide document no. 4). And in
the Sale Deed the aforesaid Mr. Abdul Kareem @ Sheik Abdul Kareem was
represented by his GPA Holder Mr. Valerian Pereira (vide document No.
5). Hence Mrs. Nafeesa became the absolute owner of the schedule
properly.

Mr. Sheik Abdul Kareem has applied for Single Site approval of the
land measuring 0.04.25 acre before the Paduperar Gram Panchayth and
thereafter the Panchayath has passed the order for single site approval by
reserving 36.90 Sq. Mtr. land for extending Road[vide document No. 7).
In pursuance of aforesaid order the Khata in Form No. 9 & 11A of the
schedule property was issued by the Paduperar Grama Panchayath in
favour of Mr. Sheik Abdul Kareem (Vide document No. BJ.
nA-
l\ ...r I

Q_x
 :4:
The schedule Property has converted (vide document No. 6) for
Non-Agricultural Purpose. Mrs. Nafeesa has obtained building
construction license from Paduperar Grama Panchayath (vide document
No. 10) showing that she has been permitted to construct the building as
per the approved plan.

The Khatha in Form No. 9 & 114 issued by the paduperara Grama
Panchayath under rule 2B[1J and rule 30 and the Schedule Property is
numbered as 151100301,200221205(vide document No. 9) stands in
the name of Mrs. Nafeesa and she has been in actual possession and
enjoyment of the Schedule property.

The computerized R.T.c. (vide document no. Lz) stands in the

name of Mr. Abdul Karrem, who is previous owner of the Schedule
Property. After the implementation new circular of the Government
regarding Khatha fForm 9 & 11AJ for the Non-Agricultural property, the
R.T.C. will not be transferred in the name of Purchaser and it stands in the
name of previous owner.

The Applicant has deposited the Title Deeds of the Schedule Property
and availed loan from your bank (vide document No. 11). The said
encumbrance could be seen in the Encumbrance Certificate (vide
document No. 13).

Opinion:
From the perusal of the aforesaid documents, I am of the opinion
that, Mrs. Nafeesa, w/o. ummar Shareef, is the absolute owner of the
Schedule property and having perfect marketable title, right & interest
over the Schedule property and she can obtain additional loan mortgage
the Schedule Property by depositing the title Deeds to the Bank and the
bank can accept the Schedule property as security and to grant additional
loan to the Loan Applicant and valid mortgage would be created.

I have returned herewith the aforesaid documents with this

opinion.

Note: The Applicant shall produce the Original copies of documents

no. 4, 6, 7 & 10; Certified copies of documents no. 1 & Z; Notarized

I{EIIE'I
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