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Memorandum of undertaking

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Purushothama Sjn

The memorandum of undertaking details an agreement between the executors of the Sri Ramalingeshwara Muttha and Dr. Raviprakash Makam. The executors agree to execute sale deeds for certain properties in favor of Dr. Makam per the terms of a prior will and agreement. The legal opinion analyzes the title history for a 5 acre property, finding that a previous sale deed executed by the wives of the original owner was invalid under Islamic law since the elder male was still alive.

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MEMORANDUM OF UNDERTAKING THIS DEED OF MEMORANDUM OF UNDERTAKING is made on 31st January 2015 at Bengaluru. BY AND BETWEEN: Kshabra Sri Vishwaradya Shivacharya. Chief administrator ( Matadipahti and Sarvadikari) Sri Ramalingeshwara Muttha situated at Harana halli village, Kumsi hobli, Shimoga taluk and district. Karanataka state. Hereinafter called the Executors of the one part. IN FAVOUROF: Dr. Raviprakash Makam NO.272/32 10th main, 2nd block Jayanagar. Bengaluru II Hereinafter called the Agreement holders of the other part. Witnesseth as follows:
Whereas the executors are the absolute owner and in peaceful enjoyment and possession over below mentioned properties and the same were acquired by one Shri Chandra maleshwara Shivacharya, Chief administrator ( Matadipahti and Sarvadikari) of Sri Ramalingeshwara Muttha Harana halli village,Kumsi hobli, Shimoga taluk and district,Karanataka state, has acquired 66 properties on 10/09/1888 by way of charity(DATTHI) to the mutha and the above said person became the chief Matadipathi on 14/10/1988 and executed an agreement of sale in favour of Dr. Raviprakash MakamNO.272/32 10th main, 2nd block Jayanagar. Bengaluru II, on 18/05/1991 for the following properties (1) 0.27 guntas in Survey no 37 situated at Hale Hanumanthapura and 66 acres 18 guntas in sy no 102 and 7 acres in survey no 103 situated at Singapura village Yelahanka hobl. The said chandramaleshwara swamy died on 28/09/2014 and before his demise has execute a will in his favour and as per the terms and conditions mentined in the will the executor is ready and willing to execute the sale-deed in favour of all the agreement holders and he has the authority to receive the balance amount and execute the sale deeds. And the executor is entitled to execute all the documents as well as transactions on behalf of the said matha.
LEGAL OPINION Property details:- Survey number 28 measuring totally 5 acres 06 guntas out of which 2 acres 23 guntas bounded as here under East- Railway road, West- Property of Sy no,27 and North- Government plantation, south- Property of Sy no 12, situated at Bhuvanahalli village, Kasaba hobli, Devanahalli taluk. Title tracing:- Originally the property belongs to the joint family of Fakruddin sab and Masthan sab. Both are the sons of late Abdul sab of Doddapanahalli village of kasaba hobli. Devanahalli taluk. In the year 1960-61 both these brothers got partitioned the joint family properties by way of registered Partition deed document No. 2586/60-61. After partition both the brothers respectively got Khata and mutation to their names respectively and ever since from the date of partition both the brothers enjoyed their respective shares as allotted in the partition deed. The family tree of fakruddin sab is has here under:- Jeharabee ( 1st wife dead), Jaina bee ( 2nd wife dead). The first wife Jeharabee has got only daughter Khairunissa( dead), the said Khairunissa has got only son by name Abdul hameed (dead), the said abdul hameed has got 6 childrens namely (1) Athaulla (dead) (2) Sanaulla (3)Jiyaulla (4) Shahida (5) Shafiulla (6) Shiya. The second wife Jainabee has got 5 children namely (1) Rehaman (2) Julekha bee (3) Mariyam (4) Yusuf (5) Jeharabee.
When such being the case due financial problems and the debts made by the Fakruddin sab, one smt kaikumbee w/o Fakruddin sab and Jainabee w/o Fakruddin sab sold the property on 7/11/74 under wide document No. 3607/74-75 in favour of one sri Muniswamy in a disguise that they are mortgaging the property to re-pay the loan obtained in the kannamangala society and explained that the said Muniswamy is going to mortgage the property in his name and clear the loan amount,but the said muniswami instead of exucting mortagage deed he has got registered the property to his name. when such being the case the said Fakruddin sab is alive on the date of execution of the sale deed. The said Fakruddin sab was died in the year 18/07/1975, and the same was registered in the Kannamangala gram panchayth office under register no.D1/2012 and births and deaths register no, CR 194/12-13. After the execution of sale-deed to one muniswamappa the said muniswamy has executed sale deed in favour of chinnapa raju under vide documentation no. 2234/75. The said chinnapa raju has sold the property to one joy Samuels in the year 1990- 1991under vide document no 193/90-91.dated 10/08/90. After the execution of the sale deed the said joy Samuels got portioned the property in the bengluru north taluk along with other properties and the above said property fallen to the shares of Joy Samuels and Thomas kiran. In the year 2004-2005 the said Thomas kiran and joysamuels sold the property in favour of one smt Prameelamma,Varaprasad rao and sreelatha of Andrapradesh. The all transactions are invalid because as per Mohamodden Law when the elder person of the family is alive then the question of sale of property by his legal heirs does not arise at all and it is not permissible under law. So the sale deed executed by the wives of Fakruddin sab in favour of Muniswamy is invalid under law so when the sale deed of muniswamy stands cancelled all other sale deeds automatically cancelled with due process of law.
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Memorandum of undertaking

  • 1. MEMORANDUM OF UNDERTAKING THIS DEED OF MEMORANDUM OF UNDERTAKING is made on 31st January 2015 at Bengaluru. BY AND BETWEEN: Kshabra Sri Vishwaradya Shivacharya. Chief administrator ( Matadipahti and Sarvadikari) Sri Ramalingeshwara Muttha situated at Harana halli village, Kumsi hobli, Shimoga taluk and district. Karanataka state. Hereinafter called the Executors of the one part. IN FAVOUROF: Dr. Raviprakash Makam NO.272/32 10th main, 2nd block Jayanagar. Bengaluru II Hereinafter called the Agreement holders of the other part. Witnesseth as follows:
  • 2. Whereas the executors are the absolute owner and in peaceful enjoyment and possession over below mentioned properties and the same were acquired by one Shri Chandra maleshwara Shivacharya, Chief administrator ( Matadipahti and Sarvadikari) of Sri Ramalingeshwara Muttha Harana halli village,Kumsi hobli, Shimoga taluk and district,Karanataka state, has acquired 66 properties on 10/09/1888 by way of charity(DATTHI) to the mutha and the above said person became the chief Matadipathi on 14/10/1988 and executed an agreement of sale in favour of Dr. Raviprakash MakamNO.272/32 10th main, 2nd block Jayanagar. Bengaluru II, on 18/05/1991 for the following properties (1) 0.27 guntas in Survey no 37 situated at Hale Hanumanthapura and 66 acres 18 guntas in sy no 102 and 7 acres in survey no 103 situated at Singapura village Yelahanka hobl. The said chandramaleshwara swamy died on 28/09/2014 and before his demise has execute a will in his favour and as per the terms and conditions mentined in the will the executor is ready and willing to execute the sale-deed in favour of all the agreement holders and he has the authority to receive the balance amount and execute the sale deeds. And the executor is entitled to execute all the documents as well as transactions on behalf of the said matha.
  • 3. LEGAL OPINION Property details:- Survey number 28 measuring totally 5 acres 06 guntas out of which 2 acres 23 guntas bounded as here under East- Railway road, West- Property of Sy no,27 and North- Government plantation, south- Property of Sy no 12, situated at Bhuvanahalli village, Kasaba hobli, Devanahalli taluk. Title tracing:- Originally the property belongs to the joint family of Fakruddin sab and Masthan sab. Both are the sons of late Abdul sab of Doddapanahalli village of kasaba hobli. Devanahalli taluk. In the year 1960-61 both these brothers got partitioned the joint family properties by way of registered Partition deed document No. 2586/60-61. After partition both the brothers respectively got Khata and mutation to their names respectively and ever since from the date of partition both the brothers enjoyed their respective shares as allotted in the partition deed. The family tree of fakruddin sab is has here under:- Jeharabee ( 1st wife dead), Jaina bee ( 2nd wife dead). The first wife Jeharabee has got only daughter Khairunissa( dead), the said Khairunissa has got only son by name Abdul hameed (dead), the said abdul hameed has got 6 childrens namely (1) Athaulla (dead) (2) Sanaulla (3)Jiyaulla (4) Shahida (5) Shafiulla (6) Shiya. The second wife Jainabee has got 5 children namely (1) Rehaman (2) Julekha bee (3) Mariyam (4) Yusuf (5) Jeharabee.
  • 4. When such being the case due financial problems and the debts made by the Fakruddin sab, one smt kaikumbee w/o Fakruddin sab and Jainabee w/o Fakruddin sab sold the property on 7/11/74 under wide document No. 3607/74-75 in favour of one sri Muniswamy in a disguise that they are mortgaging the property to re-pay the loan obtained in the kannamangala society and explained that the said Muniswamy is going to mortgage the property in his name and clear the loan amount,but the said muniswami instead of exucting mortagage deed he has got registered the property to his name. when such being the case the said Fakruddin sab is alive on the date of execution of the sale deed. The said Fakruddin sab was died in the year 18/07/1975, and the same was registered in the Kannamangala gram panchayth office under register no.D1/2012 and births and deaths register no, CR 194/12-13. After the execution of sale-deed to one muniswamappa the said muniswamy has executed sale deed in favour of chinnapa raju under vide documentation no. 2234/75. The said chinnapa raju has sold the property to one joy Samuels in the year 1990- 1991under vide document no 193/90-91.dated 10/08/90. After the execution of the sale deed the said joy Samuels got portioned the property in the bengluru north taluk along with other properties and the above said property fallen to the shares of Joy Samuels and Thomas kiran. In the year 2004-2005 the said Thomas kiran and joysamuels sold the property in favour of one smt Prameelamma,Varaprasad rao and sreelatha of Andrapradesh. The all transactions are invalid because as per Mohamodden Law when the elder person of the family is alive then the question of sale of property by his legal heirs does not arise at all and it is not permissible under law. So the sale deed executed by the wives of Fakruddin sab in favour of Muniswamy is invalid under law so when the sale deed of muniswamy stands cancelled all other sale deeds automatically cancelled with due process of law.
  • 5. In the co O I Io urt of th e ejwkkookdpopokopkokwpoqjfpifpijfojfpwejfpejfpejfpejjpekfoe kfpoekfpopfpoeekfoekfopeekfpoeekfopkkkkkkkkkkkkkkkkkkk kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkksp pppppppppppppppppppppppppppppppppppp,0ooooooooooooo ooooooooooobbooo,cccccccccccccccccccccccccccccccccco,[pa aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaacccccccccc cbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb bbbbbbbbbbbbbbbbbbbbbbbbbhffffffffffffffffffyyyyy