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Sale Agreement for Flat in Sirvi Avenue

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0% found this document useful (0 votes)
175 views12 pages

Sale Agreement for Flat in Sirvi Avenue

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

AGREEMENT FOR SALE

Consideration amount:- Rs. 18,00,000/-


Stamp duty:- Rs. /-
Registration fee:- Rs. /-

THIS AGREEMENT made and entered into at Panvel on this


th
day of March, 2023.
BETWEEN
1) MR. GOVINDA DHARMA JOSHI Age:- 55 years, Occupation-
Service, Pan No.AYIPJ1423C Residing at- Flat No. 604, 6 th floor, Sirvi
Avenue, Plot No. 98, sector 6, Karanjade, Taluka-Panvel, District-
Raigad [Link] referred to as the “TRANSFEROR”
(which expression shall unless it be otherwise repugnant to the
context or meaning thereof be deemed to mean and include its
heirs, executors, assigns, representatives and administrators) of the
FIRST PART.
AND

1) MR. SANDEEP JAISINGH CHAUHAN, Age:- 24 years,


Occupation:- Service, Pan No. GFUPK7788J,

2) ANCHAL CHAUHAN, Age:- 24 years, Occupation:- Housewife,


Pan No. BSTPC4039F, both residing at- Mahalaxmi Aluminiumand
Glass works, Shop No.2, A-wing, Gulraj hereinafter for the brevity’s
sake referred to as the“TRANSFEREES” (which expression shall
unless it be otherwise repugnant to the context or meaning thereof
mean and include their heirs executors, administrators and assigns)
of the SECOND PART.

WHEREAS:-
a) the CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF
MAHARASHTRA LTD., is a Government Company within the meaning
of the Companies Act, 1956, (hereinafter referred to as “The
Corporation”) having its registered office at The Nirmal, 2nd Nariman
Point, Mumbai400 021. The Corporation has been already declared
as a New Town Development Authority, under the provisions of sub
section (3-A) of Section 113 of the Maharashtra Regional and Town
Planning Act, 1966 (Maharashtra Act No. XXXVIII of 1966)
(hereinafter referred to as “the said Act”), for the New Town of Navi
Mumbai by Government of Maharashtra in the exercise of its powers
of the area designated as Site for New Town under sub section (1) of
Section 113 of the said Act.

b) the State Government has acquired lands within the designated area
of New Panvel and vested the same in the Corporation by an Order
duly made in that behalf as per the provisions of Section 113 of the
said Act.

c) by virtue of being the Development Authority the Corporation has


been empowered under direction 118 of the said Act to dispose off
any land acquired by if on vested into it in accordance with the
proposal approved by the state Government under the said Act.

d) Mr. Namdev Kokya Patil (hereinafter called and referred to as Mr.


Patil) hereinafter referred to as “THE ORIGINAL LICENSEES” have
been allotted a Plot of Land by the said Corporation being Plot No98,
Karanjade, Taluka-Panvel under 12.5% Gaothan Expansion Scheme
in Sector No.6 Karanjade, Tal.-Panvel, Dist.-Raigad, admeasuring
649.90 Sq. Mts. or thereabouts and more particularly described in
the first schedule hereunder written on the terms and conditions
including the conditions of lease of the said Property as set out
therein.

e) Mr. Patil has paid to the Corporation a sum of Rs. 8,125/- (Rupees
Eight Thousand One Hundred Twenty Five Only) as and by way of full
and final payment of Lease Premium and entered Into an Agreement
to Lease dated 06/01/2011 and after construction of building(s) on
the Plot Corporation shall execute the Lease Deed in favour of the
original Licensees granting the lease of the Plot to the original
Licensees for a period of 60 (sixty) years from the date of Agreement
to Lease In due course said Agreement to lease Is registered with
Sub-Registrar Panvel-1 on Same day at serial No. PWL1-00263/2011.

f) Mr. Patil was not interested in retaining said plot the original
licensees with permission of CIDCO had agreed to transfer and
assign their leasehold rights of the Plot described in the schedule in
favour of the Developers.

g) By a Tripartite Agreement dated 01/2011 executed between The


Corporation as one part Mr. Patil as "ORIGINAL LICENSEE" and the
Developers as the "NEW LICENSEE", the lot is transferred by the
corporation to the Developers and the possession is handed over to
the Developers on terms and conditions contained in the said
tripartite agreement, said tripartite agreement is registered with
Sub-Registrar Panvel-2 on Same day at Serial No. PWL2-00356/2011.

h) In view of registered tripartite agreement mentioned hereinabove


THE DEVELOPERS are leaseholders in respect of an plot of
immovable property situate at Karajnade, Taluka Panvel, and which
is more particularly described in the Schedule hereunder written
(hereinafter referred to as “the said property”) from City And
Development Industrial Corporation of Maharashtra * Limited (in
short CIDCO Ltd").

i) That by letter dated 10/02/2011 the Corporation has confirmed


transfer of leasehold right of the said plot in favour of the
Developers. In view of the above tripartite agreement the developer
are seized and possessed of the said plot as detailed in the first
schedule hereunder mentioned.

j) The commencement certificate by letter dated dt. 12/06/2014


bearing reference No. CIDCO/TPO/BP-10346/2014/TPO(NM &
K)/2014, 563, the additional Tower Planning officer (BP), Navi-
Mumbal -Khopta has granted development permission and
commencement certificate for construction of building ( ground + 07
floors) under the section 45 of the Maharashtra Regional Town
Planning Act, 1966.

k) In accordance with the plans sanctioned by the Corporation, the


Developers developed the said plot and constructed thereon building
to be known as “SIRVI AVENUE” consisting inter alia of Ground plus 7
(Seven) upper floors.

l) The Transferor demanded from the Developers and the Developers


have given inspection to the Transferor of all the documents of title
relating to the said plot, the relevant orders, and the approved
plans, designs and specifications prepared by the Developers’
Architects and all other documents as specified under the
Maharashtra Ownership

m) The Developers constructed building on the said Plot of land to be


known as “SIRVI AVENUE” and to sell the said Flats in the said
buildings to the prospective Transferor/s.
n) Agreement to Sale is executed between the Transferor and the
Developers M/s. Pyramid Enterprises through its Partner Mr. Pitaram
Pannaji Choudhary vide registration no.7458/2021 registered at Sub-
registrar at Panvel-3.

o) the said promoter/Developer has completed the


construction work of the said building on the said land and
obtained Occupancy Certificate from CIDCO vide no. Bp-
10346/4208.

p) All those who have purchased Flats/Shops in the said


building, have formed and registered ‘SIRVI AVENUE Co-
operative Housing Society Ltd.’, under the provisions of
the Maharashtra Co-operative Societies Act, 1960 bearing
Reg. [Link]/CIDCO/HSG/T.C./9121/JTR/2021/2022
dated 24/12/2021.

q) thus the Transferor is fully seized and possessed of and/or


otherwise well and sufficiently entitled to free from all
encumbrances of any nature whatsoever, the said Flat as
owner thereof. since purchase, the Transferor are in actual
and physical possession of the said flat.

r) ‘SIRVI AVENUE Co-operative Housing Society Ltd.’, has


allotted share certificate to the Transferor of this flat no. 604
of area 4.428 sq. mtrs. which bears five shares of Rs. 50/-
each bearing No. to consecutively.

s) the TRANSFEROR intends to sale said flat, which is in absolute


ownership and hence was in search of a Transferee. The
TRANSFEREES got knowledge about sale, they approach the
TRANSFEROR. Discussion took place among them.

t) All the parties agreed for a lump sum consideration of Rs.


18,00,000/- (Rupees Eighteen Lakhs Only) about sale and purchase
transaction.

u) the TRANSFEROR has agreed to transfer the said flat more


particularly described in a schedule after full and final payment of
decided amount and on the terms and conditions appearing herein
below.
v) the TRANSFEROR has agreed to transfer all the five fully paid up
shares of the said society regarding said Flat to the TRANSFEREES
for the consideration and on the terms and conditions appearing
herein below.

NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN


THE PARTIES HERETO AS FOLLOWS:-

1. The TRANSFEREES herein has given a token of Rs. 3,00,000/-


(Rupees Three lakhs Only) by cheque no. …………….. of …………….
Bank, …………. branch on ……………. The TRANSFEREES has applied
for housing loan in AXIS Bank …………. branch. AXIS Bank has
approved to pay the remaining amount. After registration of the said
document the bank will disburse the loan and the cheque will be
drawn on the name of the TRANSFEROR.

2. The TRANSFEROR shall assign to the TRANSFEREES the five fully


paid-up shares of Rs.50/- each of the said society covered by Share
Certificate No. , bearing Distinctive No. to (both inclusive)
standing in the name of the TRANSFEROR in the book of the said
society ‘SIRVI AVENUE Co-operative Housing Society
Ltd.’, Flat No. 604, 6th floor, Sirvi Avenue, Plot No. 98, sector 6,
Karanjade, Taluka-Panvel, District-Raigad, and the transfer his right,
title and interest in the said Flat having an area of 4.428 sq. mtrs.
registered under the Maharashtra Co-operative Society Act, 1960
vide Reg. No. NBOM/CIDCO/HSG/T.C./9121/JTR/2021/2022
dated 24/12/2021. for the total consideration of Rs. 18,00,000/-
(Rupees Eighteen Lakhs Only) which is paid and is to be paid by the
TRANSFEREES to the TRANSFEROR in the following manners: -

Rs.3,00,000/- (Rupees Three Lakhs only) paid by Cheque


No. , drawn on Bank of …………. Bank, ……….
branch of dtd. …………. by the TRANSFEREES to
the TRANSFEROR as an EARNEST MONEY.

Rs.15,00,000/- (Rupees Fifteen Lakhs Only) will be paid by the


TRANSFEREES to the TRANSFEROR after
sanctioning of loan within ………. days as FULL &
FINAL PAYMENT from the date of registration of
these presents and/or at the time of possession of
the above said Flat.
3. The TRANSFEROR do hereby covenant with the TRANSFEREES that
notwithstanding any act, deed, matter or thing whatsoever by the
TRANSFEROR or by any person or persons lawfully or equitably
claiming by from, through, under or in trust for them made, done,
committed or knowingly suffered to the contrary, they, the
TRANSFEROR now themselves good right, full power and absolute
authority to enter into the foregoing agreement in transfer their
rights, title and interest in the said society, the said shares and the
said Flat unto and to the use of the

TRANSFEREES in the manner aforesaid AND FURTHER that the


TRANSFEROR and all persons having or lawfully or equitably claiming
any interest into upon or in trust for the TRANSFEROR shall and will
from time to time and at all times hereafter at the request and cost
of the TRANSFEREES do all other acts, deeds, matters and
whatsoever and execute such other documents and writings from
the better and more perfectly transferring the said right, title and
interest of the TRANSFEROR in the said society, the said five shares
and the said Flat to the TRANSFEREES in manner aforesaid as the
TRANSFEREES, their heirs, executors, administrators, assigns or
counsel in law shall reasonably require. The TRANSFEROR shall hand
over the vacant and peaceful possession of the said Flat to the
TRANSFEREES on making the total payment of the sum Rs.
18,00,000/- (Rupees Eighteen Lakhs Only) to the TRANSFEROR as
mentioned in herein above.

4. The TRANSFEROR declares that they are holding the said Flat quietly
without any claim or obstruction from any other person. The
TRANSFEROR further declares that they have the full power and
absolute right to assign the shares and to transfer the interest in the
said Flat to the TRANSFEREES in the manner agreed herein. The
TRANSFEROR further declares that the said Flat is free from any
encumbrances, claim or demands by way of sale, transfer,
mortgage, claims or demands by way of sale, transfer, mortgage,
lease or otherwise and there is no litigation of any nature
whatsoever of any person against them in respect of the said Flat
and the said shares.

5. The TRANSFEROR declares that there is no charge on the said Flat


and that they have not mortgaged or encumbered their right, title
and/ or interest in the said Flat and/ or in the said shares and the
same is free from all encumbrances.

6. The TRANSFEROR further declares that except themselves there is


no one else who had or has any right, title and interest or claim in
the said Flat or the shares. The TRANSFEROR also declares that
there is no suit pending in any court of law in respect of the said
Flat.

7. The TRANSFEROR hereby covenants with the TRANSFEREES as


follows:-
a) That notwithstanding any act, deed, matter or thing whatsoever by
the TRANSFEROR or any person or persons lawfully or equitably
claiming by, from, through, under or in trust for him made, done,
committed or omitted or knowingly suffered to the contrary the
TRANSFEROR has good right, full power and absolute authority to
convey, transfer and assure the said flat hereby agreed to be
transferred, conveyed and assigned in favour of the TRANSFEREES
as aforesaid in accordance with the Rules, Regulations and Bye-Laws
of the society and he has not done, committed or omitted any act,
deed, matter or thing whereby the ownership possession, occupation
or enjoyment of the said flat may be rendered void or violable for
any reason or on any account.

b) The TRANSFEROR hereby declares that the said Flat is free and clear
from all encumbrance, claims and demands of whatsoever nature
and kind and the same has never before this transfer been charged,
mortgaged, encumbered dealt with or disposed off in any manner
whatsoever to any other party or person.

c) The TRANSFEROR does hereby agree to execute or cause to be


executed at the request and cost of the TRANSFEREES ALL such
further and other acts, deeds matters and things in law whatsoever
as may be required by the TRANSFEREES or their counsel at law for
better and more perfectly

d) transferring conveying and assigning the said Flat in favour of the


TRANSFEREES.

e) The TRANSFEROR are not restrained either under the Income Tax
act, Gift Tax act, or any other Statute for the time being in carve
from dealing with or disposing of the said flat or any part thereof to
the TRANSFEREES in any manner whatsoever.

f) The TRANSFEROR are not restrained by any decree or order of any


court or authority having jurisdiction in India from dealing with or
disposing with or disposing of the said Flat or any part thereof to the
TRANSFEREES in any manner whatsoever.

g) The TRANSFEROR have clear marketable title free from all


encumbrances of any nature whatsoever and there are no
outstanding estate or effects by way of balance of consideration,
lease, lien, charge, mortgage or otherwise howsoever in any manner
whatsoever.

h) The TRANSFEROR have not been adjudicated insolvent nor have


committed any act of insolvency nor there is any order of any court
or authority restraining the TRANSFEROR or creating any inability in
the TRANSFEROR from entering into this deed.

8. The transfer of the said Flat and the said shares in the books of the
said Society from the name of the TRANSFEROR in the name of the
TRANSFEREES shall be done by submission by both the parties of
various forms prescribed under the bye-laws of the said society
accompanied by the application of the TRANSFEREES for the
membership of the said society with prescribed admission fees and
Transfer Charges will be borne and paid by the TRANSFEREES.

9. The TRANSFEROR shall hand over to the TRANSFEREES original


Agreement, Share Certificate and all other original papers relating to
the said Flat simultaneously with the handing over of the possession
of the said Flat on full and final payment for permanent custody of
the TRANSFEREES.

10. The taxes, monthly contributions and all others out-goings, in


respect of the said Flat have been paid by the TRANSFEROR till the
date of handing over of the possession of the said Flat and shall be
paid thereafter by the TRANSFEREES.

11. The TRANSFEROR does hereby covenant with the TRANSFEREES that
they have paid to the said society their share of taxes, monthly
contributions, electricity bill, and all other outgoing, up to date.

12. The TRANSFEROR do hereby agree to keep indemnified the


TRANSFEREES against the payment of all such outgoing, costs,
charges, fees, taxes, stamp duty, penalties, loan and other dues if
any, relating to the said Flat of whatsoever nature pertaining to the
period prior to the handing over of the possession of the said flat to
the TRANSFEREES.

13. The TRANSFEROR do hereby covenant with the TRANSFEREES that


after taking possession of the said flat the TRANSFEREES shall enjoy
quietly and peacefully and occupy the said Flat as per the Rules and
Regulations and Bye-laws of the society and without any hindrances,
denial, demands, eviction, and interruption by the TRANSFEROR or
any person, lawfully or equitably claiming through, under or in trust
for the TRANSFEROR.

14. The TRANSFEREES do hereby covenant with the TRANSFEROR that


they shall pay their shares of taxes, all

outgoing, etc., in respect of the said Flat after taking over possession
of the same regularly and they will abide by all rules and regulations
and Bye-law of the said society.

15. The TRANSFEROR and the TRANSFEREES shall execute the


necessary documents as and when required for giving proper effect
to what is agreed herein and to transfer the said shares and the said
Flat in the name of the TRANSFEREES in the book of the said society.

16. The TRANSFEREES shall be entitled to the transfer of the share


money, sinking fund, any other fund in the respect of the said flat
lying and deposited with said society as also the deposited with said
society as also the deposit for electricity meter which may be lying
with M.S.E.B. bearing Consumer No…………………..; Electric
Meter No…………………. in respect of the said Flat in their name.

17. Before the execution of this Agreement, the TRANSFEROR have


shown to the TRANSFEREES the condition of the said Flat and the
TRANSFEREES has agreed to purchase of the Flat on as is where
basis conditions is.

18. The stamp duty and registration charges, if any, payable on this
Agreement and necessary charges shall be borne and paid by the
TRANSFEREES herein and the transfer charges/ donation, if any to be
paid to the said society for the transfer of the said shares and the
said Flat shall be paid by the TRANSFEREES.
19. This Agreement is always subject to the provisions of MAHARASHTRA
OWNERSHIP FLATS ACT, 1963 and the rules framed there under and
also subject to the provisions of the MAHARASHTRA CO-OP.
HOUSING SOCIETIES ACT, 1960.

-: THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :-

DESCRIPTION OF LAND
All that piece and parcel of land known as Plot No.98 in Sector No.6
of Village-Karanjade, Tal-Panvel, Dist-Raigad containing by
admeasurements 649.90 [Link]. or thereabouts and bounded as
follows:

ON OR TOWARDS THE NORTH: PLOT NO. 102,103


ON OR TOWARDS THE SOUTH: 15 MTRS. WIDE ROAD
ON OR TOWARDS THE EAST: PLOT NO. 97
ON OR TOWARDS THE WEST: PLOT NO. 99

DESCRIPTION OF FLAT

ALL THAT PIECES OF RESIDENTIAL FLAT situated at ‘SIRVI AVENUE


Co-operative Housing Society Ltd.’, Flat No. 604, 6th floor,
Sirvi Avenue, Plot No. 98, sector 6, Karanjade, Taluka-Panvel,
District-Raigad having an area of 4.428 sq. mtrs. In which society is
registered under the Maharashtra Co-operative Society Act, 1960
vide Reg. No. NBOM/CIDCO/HSG/T.C./9121/JTR/2021/2022
dated 24/12/2021 and holding five fully paid-up shares of Rs.50/-
each vide Share Certificate No. , bearing Distinctive No. to
(both inclusive) of the said society situate lying and being at Village-
Karanjade, Tal-Panvel, Dist-Raigad and within the Panvel Municipal
Corporation of Panvel.

SIGNED, SEALED AND DELIVERED BY THE


WITHIN NAMED TRANSFEROR,

in the presence of.....

MR. GOVINDA DHARMA

JOSHI
TRANSFEROR

MR. SANDEEP JAISINGH CHAUHAN

ANCHAL CHAUHAN

TRANSFEREES

RECEIPT
RECEIVED OF AND FROM 1) MR. SANDEEP JAISINGH CHAUHAN

2) ANCHAL CHAUHAN sum of Rs.3,00,000/- (Rupees Three Lakhs

only), out of total sale consideration of Rs. 18,00,000/- (Rupees

Eighteen Lakhs Only) which is paid by the TRANSFEREES to the

TRANSFEROR in the following manner :-

Rs.3,00,000/- (Rupees Three Lakhs only) paid by Cheque


No. , drawn on Bank of …………. Bank, ……….
branch of dtd. …………. by the TRANSFEREES to
the TRANSFEROR as an EARNEST MONEY.

WE SAY RECEIVED Rs.3,00,000/-


WITNESSES:-

1.

2.

1) MR. GOVINDA DHARMA JOSHI

TRANSFEROR

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