Date: 2nd day
of April’ 2026
TO WHOMSOEVER
IT MAY CONCERN
Upon
the instructions received from the intending Purchaser SMT. KAKALI SEN MUKHERJEE (PAN: BEZPS8939G, Aadhaar:
790697396184), Daughter of Sri Amar Kumar Sen and Wife of Sri Krishna Chandra
Mukherjee, residing at Krishnapur Ghosh Para, Krishnapur, Madanpur, Kolkata –
700128, District North 24 Parganas, West Bengal, I, have carefully examined,
scrutinised and verified the title deeds, documents, records and papers
produced before me in respect of the immovable property more fully described in
the Schedule hereunder, and I do hereby submit this detailed Title Search and Legal Scrutiny Report.
At
the outset, it is stated that the present report is based on a comprehensive
search of title conducted for a period commencing from the year 1991 up to April, 2026, and includes
examination of all relevant title deeds, instruments, development documents,
municipal records and other connected papers as made available for my
verification. The purpose of this report is to ascertain the nature, extent and
validity of the title of the present Vendors, as well as to determine whether
the property is free from encumbrances and is capable of being legally
transferred and mortgaged.
The
property under consideration comprises Flat
No. A/3A5, situated on the South-East
side of the 3rd Floor in Block ‘A’ of a multi-storied residential
building known as “RAJWADA ESTATE
PHASE-II”, having a super built-up area of approximately 1160 square feet, together with one covered car parking space on the
Ground Floor measuring approximately 120
square feet, and further together with proportionate undivided share and
interest in the land underneath the said building as well as in all common
areas, spaces and facilities appurtenant thereto. The said property is situated
at premises bearing Holding No. 1012, Mahamayatala,
Mouza – Barhansfartabad, Police Station – Sonarpur, District South 24 Parganas,
within the jurisdiction of the Rajpur-Sonarpur Municipality.
Upon
examination of the root of title, it appears that the land forming part of the
said project originally belonged to several recorded raiyats and lawful
proprietors, including inter alia Sri Kamala Kanta Naskar, Sri Kishori Mohan
Naskar, Sri Kunja Behari Naskar and others, who had valid, subsisting and
transferable rights in the said lands. In or about the year 1991 and subsequent
years, the said original owners transferred their respective portions of land
by way of duly executed and registered Deeds of Sale in favour of subsequent
purchasers including Sri Sukumar Singh and others, thereby divesting themselves
of all right, title and interest therein and vesting the same in the
transferees.
Thereafter,
the said lands underwent a series of lawful devolutions and transmissions of
title through recognised modes of transfer, including further sales, purchases,
inheritance upon intestate succession, gifts and inter se transfers amongst
co-sharers and legal heirs. Upon scrutiny, it appears that all such transfers
were effected through duly registered instruments and in accordance with the
applicable provisions of law. During the period between the years 2001 and
2013, various portions of the said lands were acquired, consolidated and
amalgamated by M/s. Rajwada Group and other co-owners through separate
registered conveyances, resulting in the creation of a unified and contiguous
landholding having clear and marketable title.
Subsequently,
the lawful owners of the said lands, being desirous of developing the same,
entered into various Development Agreements with M/s. Rajwada Group, a
partnership firm, during the period between 2009 and 2012, and also executed
registered General Powers of Attorney authorising the said developer to
undertake development of the land, obtain necessary sanctions from competent
authorities, construct multi-storied buildings thereon and to enter into
agreements for sale with intending purchasers. Upon verification, it appears
that such development rights were validly created and duly exercised by the
developer in accordance with law.
It
further appears that the lands were amalgamated into a single municipal holding
bearing Holding No. 1012, Mahamayatala,
and the names of the owners were duly mutated in the records of the
Rajpur-Sonarpur Municipality. The nature and character of the land was
converted into Bastu (residential use),
thereby rendering the same fit for construction and residential development.
The competent municipal authority sanctioned a building plan being Plan No. 1253/CB/28/05 dated 19.11.2013,
pursuant to which the multi-storied residential complex known as “RAJWADA
ESTATE PHASE-II” was constructed.
In
terms of the development arrangements and allocation between the landowners and
the developer, the constructed flats along with car parking spaces were duly
apportioned, and authority was vested in the developer and/or the landowners to
transfer and convey the same to intending purchasers. In pursuance thereof, the
present Vendors, namely Mr. Arnab Kumar
Koley and Mrs. Kumkum Kolay, acquired the subject property by virtue of
a Deed of Conveyance dated 09.09.2016,
duly registered in Book I, Volume No. 1629-2016, Pages 65398 to 65441, being
Deed No. 162903061 of 2016, in the office of the Additional District
Sub-Registrar at Garia, West Bengal. By virtue of the said registered
conveyance, the Vendors became the absolute and lawful owners of the said flat,
together with the car parking space and proportionate undivided share in the
land and common areas.
It
is further observed that the Vendors are presently in peaceful, vacant and uninterrupted possession of the said property
and are enjoying the same as absolute owners without any let, hindrance,
interruption or claim from any person or authority whatsoever. Upon scrutiny of
the documents and records produced, and upon conducting usual and reasonable searches,
no encumbrance of any nature has been found affecting the said property. There
is no indication of any subsisting mortgage, charge, lien, attachment, lis
pendens, acquisition proceeding or any adverse claim against the said property.
The title of the Vendors appears to be clear, valid, subsisting and marketable.
The
municipal records, mutation entries and tax receipts, as produced, appear to be
in order, and the property stands recorded in the name of the rightful owners.
The sanctioned building plan has been duly obtained from the competent
authority, and the construction appears to have been carried out in accordance
therewith. However, it is advisable that the lending institution may, if deemed
necessary, independently verify the availability of Completion Certificate
and/or Occupancy Certificate from the concerned municipal authority.
Based
on the foregoing examination and verification, and subject to the observations
made herein, I am of the considered opinion that the Vendors have good, clear, marketable and indefeasible
title to the said property and are fully competent and legally entitled
to transfer and convey the same. The property is free from encumbrances and is legally fit and suitable for creation of equitable mortgage in
favour of any Bank or Financial Institution for the purpose of securing
financial assistance.
SCHEDULE OF PROPERTY
(Description
of the Said Flat)
ALL THAT one
self-contained, residential flat being Flat
No. A/3A5, situated on the South-East side of the 3rd Floor in Block ‘A’
of the multi-storied building known and named as “RAJWADA ESTATE PHASE-II”,
having a super built-up area of approximately
1160 (One Thousand One Hundred Sixty) square feet, be the same
a little more or less, consisting of bedrooms, drawing/dining space, kitchen,
toilet, W.C., verandahs consisting of 2 Bed rooms, 1 Dining / Drawing room, 1
Kitchen, 1 Toilet, 1 W.C., 2 Verandah, and other usual conveniences, together
with all internal fixtures, fittings, electrical installations and
appurtenances attached thereto.
AND ALSO one covered car parking space
on the Ground Floor of Block ‘A’, admeasuring approximately 120 (One Hundred Twenty) square feet,
be the same a little more or less, intended for parking of one motor vehicle,
with right of ingress and egress.
TOGETHER WITH the proportionate undivided,
indivisible and impartible share and interest in the land underneath the said
building, and all common areas, spaces, facilities and
amenities including but not limited to staircases, lobbies, passages, lift (if
any), roof, water supply systems, drainage, sewerage, electric connections and
other common installations, to be used in common with other co-owners/occupiers
of the said building.
SITUATED AT premises
being Holding No.
1012, Mahamayatala, Mouza – Barhansfartabad, J.L. No. 47,
Pargana – Medanmalla, comprised in R.S. Dag Nos. 1624, 1625, 1632, 1607, 1608
& 1623, appertaining to the relevant Khatian(s), within the jurisdiction of
P.S. Sonarpur,
Kolkata – 700084, District South 24 Parganas, under the
Rajpur-Sonarpur Municipality.
The said Flat,
car parking space, proportionate land share and all rights, easements and
appurtenances thereto are more
fully and particularly described in the Deed of Conveyance dated 09.09.2016,
registered in Book – I, Volume Number 1629-2016, Pages from 65398 to 65441,
Being No. 162903061 for the year 2016, registered in the office of the
Additional District Sub-Registrar, Garia, West Bengal, which executed in favour
of the Vendors.
This
report is issued based on the documents and information produced before me, and
I do not assume responsibility for any hidden defects in title, suppression of
material facts or any unregistered transactions, if any.
Pritam Das, Advocate
High Court at Calcutta
Place: Kolkata
Date: 2nd day of
April’ 2026
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