Real Estate Sale Agreement: Flat in Navi Mumbai, Study notes of Law

Download Real Estate Sale Agreement: Flat in Navi Mumbai and more Study notes Law in PDF only on Docsity! SALE DEED ARTICLES OF THIS SALE DEED is made and entered into at Panvel on this ……. day of February 2021 BETWEEN MR. RAMLAL PEMARAM GODARA, Age 39years, PAN CARD NO. BEMPG1178Q, UID: 864011121835 Indian Inhabitant, having address at: A/P CHOPRA, PALI PI0NCOD- 306104, RAJASTHAN. hereinafter referred to as “THE SELLER” (which expression shall unless it be repugnant to the context or meaning thereof and to mean and deemed to include his heirs, executors, administrators and assigns) THE PARTY OF THE FIRST PART. AND MR. BHARATSINGH HAKIMSINGH RAJPUT, Age 45 years, PAN CARD NO. AKZPR7280G, UID: 485254893776 Indian Inhabitant, having address at SAI SAGAR APARTMENT, PLOT NO -8/10, SHOP NO -05, SECTOR-23, JUINAGAR NAVI MUMBAI -PINCODE-400706 MAHARASHTRA. hereinafter called “THE PURCHASER” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns) THE PARTY OF THE SECOND PART. AND WHEREAS: THE SELLER is absolutely seized and possessed of or otherwise well and sufficiently entitled to the FLAT NO-301, 3RD FLOOR, OM BUILDING, PLOT NO -232, SECTOR-17, ULWE NAVI MUMBAI, PIN CODE-410206 MAHARASHTRA. ADMEASURES AREA 32.413 SQ METER CARPET AREA AND ALONG WITH 4.654 SQ METER AS A FLOOR BASE / FB AND 4.665 SQ METER AS A TERRACE AREA. And is fully seized and possessed of the necessary documents relating thereto. - 1 - AND WHEREAS the Govt. Of Maharashtra has established under the provisions of Maharashtra regional and Town Planning Act 1966, a new Town Development Authority under the name and style of the CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD (FOR SHORT “CIDCO”) which duly incorporated under company’s act 1956, and has entrusted to said corporation the work of planning and establishment of new township popularly known as “NAVI MUMBAI”; AND WHEREAS the Govt. of Maharashtra has acquired lands required for establishment of new township of Navi Mumbai and has entrusted the said lands to CIDCO for development and disposal; AND WHEREAS the CIDCO has prepared layout of different localities including village-Ulwe , Navi Mumbai in panvel district dividing the lands separate plots with an intention to lease out the plots to different lessees enabling such lessees to develop the said plots by constructing thereon buildings as per the plans to be sanctioned by Navi Mumbai municipal corporation; AND WHEREAS by and under memo of understanding dated 19th November 2011, Shri Janardan Kalya Koli and others all residing at Ulwe Tal:Panvel, Dist:Raigad (hereinafter referred to as “Previous Licensees” agreed to give development rights to the promoters herein , in respect of the land owned by the said previous Licensees which was acquired by CIDCO authorizing the promoters , interalia , to develop the said plot and to sell the flats and premises therein to the prospective buyers; AND WHEREAS by and under agreement to lease dated 23rd May 2012 read with its order of allotment dated 10th October 2008 read with letter of possession dated 17th May 2012, the CIDCO has agreed to allot under its GES Plan to the Previous Licensees, a leasehold plot admeasuring 299.93sq.mtrs bearing plot no-232 in sector-17, Ulwe Tal: Panvel, Dist: Raigad. Which in more particularly described in the schedule written hereunder (hereinafter referred to as “SAID PLOT” for consideration and upon the terms and condition contained in the said lease Agreement; - 2 - E) THE SELLER in the past have not entered into any agreement either in the form of sale, lease, exchange, assignment or other way whatsoever and have not created any tenancy or any other rights of the like nature in the said premises and have not dealt with or dispose of the said premises in any manner whatsoever. F) Neither THE SELLER nor any of his predecessors in title has/had received any notice either from the Municipal corporation and/or from and other statutory body or authorities regarding the requisition and/or acquisition of the said premises. G) THE SELLER has not done any act, deed, matter or thing whereby she is prevented from entering into this agreement on the various terms and conditions stated herein in favour of THE PURCHASER and THE SELLER have all the right, title and interest to enter into this agreement with THE PURCHASER on the various term and conditions as stated herein. AND WHEREAS believing the aforesaid representations the THE PURCHASER offered to purchase the said premises and right, title and interest in and upon the said premises and also along with the benefits of the membership, including the said shares of the said premises of the said society at and for Sale Price / Consideration of Rs.30,00,000/- (RUPEES THIRTY LAKH THOUSAND ONLY). AND WHEREAS after considering the said offer from all the angles and being found the same, fair at present market value, the same has been ultimately accepted by THE SELLER and the parties hereto have decided to reduce the terms and conditions of the said agreement into writing, as follows : AND NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER: - - 5 - 1. THE SELLER hereby sell, agrees to sell, assign and transfer and the THE PURCHASER hereby agrees to purchase and acquire the right, title and interest in and upon the said premises bearing FLAT NO- 301, 3RD FLOOR, OM BUILDING, PLOT NO -232, SECTOR-17, ULWE NAVI MUMBAI, PIN CODE-410206 MAHARASHTRA. ADMEASURES AREA 32.413 SQ METER CARPET AREA AND ALONG WITH 4.654 SQ METER AS A FLOOR BASE / FB AND 4.665 SQ METER AS A TERRACE AREA. WITHIN THE REGISTRATION DISTRICT: RAIGAD AND SUB -DISTRICT / TALUKA -PANVEL, as and for a sale price of Rs.30,00,000/- (RUPEES THIRTY LAKH ONLY.) along with the right, title and interest in and upon the said premises and also together with the benefits of membership, shares and more particularly described in the SCHEDULE hereunder written. 2. THE PURCHASER has paid to THE SELLER, Sale Price / Consideration of RS. 30,00,000/- (RUPEES THIRTY LAKH ONLY.) in the following manner: - I. RECEIVED sum of RS. 2, 00,000/- (RUPEES TWO LAKH ONLY) as part payment at the time of executing agreement for sale dated. WHEREAS the buyer has been paid stamp duty of RS.1,05,500/- IN WORD ONE LAKH FIVE THOUSAND FIVE HUNDRED ONLY and Registration fees of RS. 30,000 IN WORD THIRTY THOUSAND ONLY therewith Receipt Number/ GRN MH008878329202021E While executing the “AGREEMENT FOR SALE” documents before the JOINT SUB REGISTER OFFICE PANVEL -V, DOCUMENT NO: 11374/2020 DATED .23/12/2020. II. Balance Amount of Consideration of Rs. 28,00,000/- (RUPEESTWENTY EIGHT LAKH ONLY) paid are as follows: - 6 - Sr. No. *CHEQUE/ RTGS Ref. No. Bank Dated Amount 1) 147267 Canara Bank LTD 2,00,000 2) 147268 Canara Bank LTD 2,00,000 3) 147269 Canara Bank LTD 2,00,000 4) 147270 Canara Bank LTD 2,00,000 5) Saraswat Bank 20,00,000 Total 28,00,000 3. After realization of receipt of an amount of the full and final payment of consideration of the said premises THE SELLER execute this sale deed therewith THE PURCHASER, the SELLER shall put THE PURCHASER in actual, physical, legal, vacant and peaceful possession of the said premises, to THE PURCHASER, free from all the encumbrances’ charges, equity, etc. 4. THE SELLER after realization of receipt of full and final amount of consideration shall have no claim, right, title, interest, demand or charge of whatsoever nature in or upon the said premises through himself or through his predecessors in title. THE PURCHASER hereafter shall do all the needful in respect of the said premises to secure his title to the said premises and THE SELLER shall keep the THE PURCHASER indemnified from all the liabilities and / or claim against the said premises. 5. THE SELLER shall also hand over his allotment letter, last maintenance charges receipt, last electricity bill and other records amounting to the title of the premises, for the purpose of their record. 6. THE PURCHASER hereby agrees that, on becoming the members of the said society, THE PURCHASER shall abide by all single bye - laws, rules and regulations adopted by the society. 7. THE PURCHASER, after taking possession of the said premises, shall be entitled to have hold on the occupation and use of the said - 7 - :: SCHEDULE ABOVE REFERRED TO:: ALL THAT PREMISES bearing FLAT NO-301, 3RD FLOOR, OM BUILDING, PLOT NO -232, SECTOR-17, ULWE NAVI MUMBAI, PIN CODE-410206 MAHARASHTRA. ADMEASURES AREA 32.413 SQ METER CARPET AREA AND ALONG WITH 4.654 SQ METER AS A FLOOR BASE / FB AND 4.665 SQ METER AS A TERRACE AREA. WITHIN THE LIMITS OF REGISTRATION DISTRICT: RAIGAD AND SUB -DISTRICT / TALUKA -PANVEL. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands on the day and year written hereinabove. SIGNED SEALED AND DELIVERED by the within named “THE SELLER” MR. RAMLAL PEMARAM GODARA. THE SELLER In presence of ….. 1) 2) SIGNED SEALED AND DELIVERED by the within named “THE PURCHASER” MR. BHARATSINGH HAKIMSINGH RAJPUT. THE PURCHASER In presence of ….. 1) 2) - 10 - :: RECEIPT :: RECEIVED of and from MR. BHARATSINGH HAKIMSINGH RAJPUT (THE SELLER) a sum of RS. 2,00,000/- (RUPEES TWO LAKH ONLY) being Part Payment; Balance Amount of Consideration of Rs. 28,00,000/- (RUPEES TWENTY-EIGHT LAKH ONLY) paid are as follows: Sr. No. *CHEQUE/ RTGS Ref. No. Bank Dated Amount 1) 147267 Canara Bank LTD 2,00,000 2) 147268 Canara Bank LTD 2,00,000 3) 147269 Canara Bank LTD 2,00,000 4) 147270 Canara Bank LTD 2,00,000 5) Saraswat Bank 20,00,000 Total 28,00,000 against the sale of the: FLAT NO-301, 3RD FLOOR, OM BUILDING, PLOT NO -232, SECTOR-17, ULWE NAVI MUMBAI, PIN CODE- 410206 MAHARASHTRA. ADMEASURES AREA 32.413 SQ METER CARPET AREA AND ALONG WITH 4.654 SQ METER AS A FLOOR BASE / FB AND 4.665 SQ METER AS A TERRACE AREA. Payment Details: I SAY RECEIVED RS. 30, 00,000/- (RUPEES THIRTY LAKH THOUSAND ONLY). MR. RAMLAL PEMARAM GODARA “THE SELLER” WITNESSES: - 1) 2) - 11 -