27.03.

2015
To

The Manager,
Indian Overseas Bank.,
New Scheme Road,
Pollachi Branch.

Dear Sir,
LEGAL OPINION- TITLE REPORT

01. Name of the address of the Borrower

Applicant/Title holder

: SRI. MUTHUKUMAR
S/O. G.MarimuthuGounder
2/20 Zamin Muthur
Pollachi

02. Name of his guarantor

: Nil

03. Whether borrower is the owner

of the Property, if nor who is the
owner and what Relationship
to the borrower

: Borrower is the owner of the

property

04. The status of the owner of the property

: Individual

05. State Individual, HUF, Firm or Ltd.,

Company
: Individual

06. Description of Property :

S.
No.

Survey
No.

Extent
Areas
acres/Hectares

In Location

1.

302

0.65.0 Hecs or 1.60 acres

2.

306

5.36.0 Hecs or 13.25 acres

Tirupur
Registration
District,
Pollachi Registration Sub-District,
Pollachi Taluk, in Thalkarai Village

Tirupur Registration District, Pollachi Registration Sub-District, Pollachi Taluk

in Thalkarai

village, S.F.No.302 consisting of an extent of 0.65.0 hecs or 1.60

acres , as per the patta no. 70 and another extent of 5.36.0 Hec or 13.25 acres
in S.F. No. 306 as per the same patta no. 70. Thus a total extent of 14.85
acres in S.F. No. 302 and 306 with in the following boundaries

On the North : Land belonging to Mylsamy Gounder, Kandasamy

Gounder and velusamy gounder
On the South: Odai purampokku
On the East : Land belonging to V.Karunambal and
On the West : North south Devampadi road
With 27 palm trees, and right to enjoy the produce of two 2C eylupai trees in
the southern side of the S.F. No. 306 and all other rights and apparentaunces
there on.

07. List of documents now produced:

Sr.
No.

Date
of Description of documents
Document

01.

26.09.1970

02.

14.03.1991

03

22.03.1991

04

19.07.2006

05.

17.03.2015 Chitta Extract

True copy

06.

18.03.2015 Adangal Extract

True copy

07.

25.03.2015 Kist receipt No.509603

Original

08.

18.03.2015 Field map

True copy

09.

18.03.2015 Topo sketch

True copy

10.

18.03.2015 Certificate
issued
by
the
Village
Administrative Officer
26.03.2015 Encumbrance certificate from
1.1.1987 to 22.03.2015
18.03.2015 Receipt executed by Karumapuram Primary
Agricultural
Co-operative
Bank.
(Doc.

True copy

11.
12.

Original/
certified/
Photocopy/
True copy
Certified copy of the Final Decree in O.S. No. Photocopy
670/1970
of
the
certified
copy
Sale deed executed by V.V.Chinnasamy and Original
three others in favour Ayyammal( Doc No.
P19/1991 or 834/1991 SRO Pollachi)
Will executed by Ayyammal in favour of Original
Radhamani and Muthukumar,( Doc No.
50/1991 SRO Pollachi)
Death Certificate of Ayyammal
Original

2 Nos.

Original
Original

No.2238/2015 SRO Pollachi)

08. List of further documents called for

and verified before rendering opinion

: Nil

09. HISTORY OF TITLE

The properties in question herein and other properties originally

belonged to V.V.Chinnasamy S/o Venkatakrishna Nanjappa Kalingarayar and
his son Minor Murali, as joint family properties.The said Minor Murali
represented by his next friend and mother Dhana Krishnaveni filed a suit for
partition before the Court of the Subordinate Judge of Coimbatore in O.S. No.
670/1970, The said suit was decreed On 26.09.1970 . As per the final decree
passed by Court of the

Subordinate Judge of Coimbatore, the said Minor

Murali and his father V.V.Chinnasamy were entitled for half share each in the
joint family properties. The Xerox copy of the certified copy of the final decree
passed in O.S. No,670/1970 is herewith referred to as Doc No. 1

On 14.03.1991, the said V.V.Chinnsamy Kalingarayar along with his two

daughters viz Sornalatha and Shanthi, and his son C. Murali Krishnan jointly
sold the properties in question herein in S.F.No. 302 and S.F.No. 306 consisting
of 1.60acres and 13.25 acres respectively to Ayammal, and executed a
registered sale deed in favour of Ayyammal, wife of Late Muthusamy Gounder.
The said sale deed

was registered as pending Doc No. P19/1991 and

subsequently it was numbered as 834/1991 on 25.03.1991. The said original

sale deed is herewith referred to as Doc No. 2.

Subsequently, on 20.03.1991, the said Ayyammal executed a registered

Will in favour of Radha mani and Muthukumar with respect to the properties in
question herein and other properties. As per the recital of the Will BSchedule

properties consisiting of the properties in question in S.F. NO. 302 and 306
were bequeathed in favour of MuthuKumar.

On 09.06.2006 the said Ayyammmal died, thus bringing the Will into
force.The original Will and the

death certificate of Ayyammal is herewith

referred to as Doc No. 3 and 4 respectively. Thus as per the recitals of the Will,
Muthukumar became the absolute owner of the property in question herein,
with absolute possession and enjoyment.

Thus the applicant Muthukumar derived the title of the properties in

question herein.

The Doc.Nos.5 and 6 are the Chitta and Adangal extracts for the
properties in question herein and they do respectively show that patta for the
properties in question herein stands in the name of the present title holder and
he is in possession and enjoyment of the same.

The receipt (Doc.No.7) for payment of kist for the properties in question
herein shows that the same is assessed in the name of the present title holder.

Doc.Nos.8 is

the field maps ( 2 Nos.) whereas Doc.No. 9 is the Topo

sketch for the properties in question herein and they show the lie and situation
of the lands.

The certificate (Doc.No.10) issued by the Village Administrative Officer

confirms the title of the present title holder.

The present title holder has produced an encumbrance certificates for

the

properties

in

question

herein.

The

encumbrance

certificate

dated

26.03.2015 is for the period from 1.1.1987 to 22.03.2015. It contains three

entries.

The first entry dated 14.03.1991 denotes the sale deed executed

by

V.V.Chinnasamy and three others in favour Ayyammal, which is already referred

to as Doc No. 2.

The second entry dated 05.10.2006 denotes the mortgage deed executed by
Muthukumar in favour of Karumapuram Primary Agricultural Co-operative
Bank.
The third entry denote the receipt executed by Karumapuram Primary
Agricultural Co-operative Bank favour of Muthukumar for having discharged
the loan amount, which is referred to herewith as Doc.No. 12.

Thus the encumbrance certificates which are referred herewith as

Doc.No.11 do not disclose any encumbrance whatsoever over the properties in
question herein.
10. In whose name the patta stands in
The name of the present owner or
: Patta stands in the name of
Predecessor in title
present title holder.
11. Details of encumbrance if any if so,
How they are discharged (EC for
: There is no encumbrance over the
Minimum of 13 years to be verified)
properties in question herein.

12. Whether any minor interest

Litigation/attachment charge is
Involved in the property ?
13. Whether latest tax/kist receipts
Have been produced? For how many
Preceding years tax/Kist receipts are
Produced

: No

: Kist receipt verified.

14. Whether Chitta, 10(1) extract/

Adangal Verified ?

: Verified

15. Has the building is the plot in

Approved Layout

: Not applicable

16. Has the building been constructed

after Approval of plan by relevant
authorities and assessed to tax

: Not applicable

17. Is there any excess/vacant land

Attracting Provision of land ceiling Acts : Not applicable

18. Is the property affected by Urban

Land ceiling and regulation Act, if so,
whether permission of relevant
authority been obtained for creating
Encumbrance?

: Not applicable

19. Is the title and possession of the

party to the property clear, absolute
and marketable and valid mortgage
by deposit of title deeds could
be created?

: The title and possession of the

property is clear, absolute, marketable
and a valid mortgage by deposit of
title deeds can be created.

20. The list of documents which

are to be deposited for creating
mortgage by deposit of title deeds

: As per clause No.7

21. The list of additional documents

like, Nil E.C. for subsequent period/
affidavit indemnity required to be
obtained by the bank

: Encumbrance certificate for

Subsequent period may be verified.

22. Any other remark which the lawyer

Rendering title deed opinion wishes
to make
: Nil

23. Whether there is any indication or

doubt to show that the land belongs to
Government or it is under Acquisition
proceedings of the Government?
: No

24. Is there any bar for mortgaging

the lands as per any local law ?

: Not applicable

25. Certification

I personally visited the Registrar office searched the records and ensured
the correctness of the entries in the Registrar and there is no omission of any
encumbrance in the E.C.

26.

I also certify that the Will dated 20.03.1991 executed by Ayyammal in

favour of Radhamani and the applicant

Sri.M.MUTHUKUMAR

son of

Marimuthu gounder has been registered in the Sub-Registrar office and the
documents are genuine and can be acted upon.

OPINION
I am of the OPINION that the applicant Sri.M.MUTHUKUMAR son of
Marimuthu gounder is having clear, valid, legal and marketable title over the
now offered as security mentioned above and there is no encumbrance over the
property as on 22.03.2015.

The applicant Kumara

Sri.M.MUTHUKUMAR

son

of

Marimuthu

gounder can create a valid equitable mortgage over the said properties now
offered as security.

The document should be deposited are listed above in column No.7 and
20.

PLACE : POLLACHI
DATE : 27.03.2015

ADVOCATE

TRANSLATION MEMO
1.

Nature of transaction

: Will

2.

Name of testator

: Ayyammal

3.

Name of Benificiaries

: Radhamani and Muthukumar

4.

Date of Execution

: 20.03.1991

5.

Extent of property

: 14.85 acres

6.

Survey Numbers

: S.F.No.302 and 306

7.

Location of property

: Thalakkari Village
Pollachi Taluk,

8.

Place of Execution

9.

Value of the Property

10.

Patta No.

: Pollachi

:
: 70

Certification:
I certify that I have verified the original document, which is in vernacular and
furnished the gist as above in English and the same is correct.

DATE
PLACE:

27.03.2015
POLLACHI

SIGNATURE OF THE ADVOCATE