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21 views7 pages

Aos 2

draft

Uploaded by

yatharth sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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AGREEMENT OF SALE

FLAT/APARTMENT NO. 001


“KONARK APARTMENT”
MOUZA – LENDHRA,
City Survey No. 126, Khasara No. 13
Tahsil &District : Nagpur

VALUED AT RS :- 25,00,000/-
(Rupees : Twenty Five Lac Only)

THIS AGREEMENT OF SALE is made and executed at NAGPUR on this


_______ Day of April 2012, BETWEEN:-

_______________________________________
Aged 63 Years, Occupation – Retired,
R/O._________________________________
Khare Town,Dharampeth, Nagpur.
2

hereinafter called the VENDOR, which expression shall unless repugnant to


the context or meaning thereof, always mean and include the said
VENDOR, as well as her heirs, legal representatives, executors,
administrators, successors and assigns of the FIRST PART.

AND

1. SHRI. ____________________________________,
Aged 46 Years, Occupation – Advocate.

2. SMT. _______________________________________
Aged 37 Years, Occupation – Housewife.
R/O. 9/6, Priyadarshan Colony, near RTO Office,
Amrawati Road, Civil Lines, Nagpur.

hereinafter called the PURCHASERS, which expression shall unless


repugnant to the context or meaning thereof, always mean and include the
said PURCHASERS, as well as their respective heirs, legal representatives,
executors, administrators, successors and assigns of the SECOND PART.

WHEREAS the subject matter of this Agreement of Sale deals with


ALLTHAT R.C.C superstructure comprising of Apartment No. 001 having
built up area of about 59.56 Sq. Mars (640.86 Sq. Ft) situated on the
GROUND FLOOR of the building known and styled as
“KONARK APARTMENTS” along with 6.639% undivided share in all that
piece and parcel of land admeasuring about 717.676 Sq. Mtrs, submitted
to the provisions of Maharashtra Apartment Ownership Act 1970, which is
41.236% share of the entire land admeasuring 1740 Sq. Mars bearing
Municipal Corporation House No. 151, Khasara No. 13, Khare Town,
Dharampeth, Mouza : LENDHRA, Sheet No. ____, City Survey NO. 126, Ward
No. 70, situated within the limits of Nagpur Municipal Corporation and
Nagpur Improvement Trust, Nagpur, hereinafter referred to as the “said
property” and more particularly described in the schedule of property
hereinafter written.

AND WHEREAS, the VENDOR acquired the rights, title and interest in
the said property by virtue of sale deed dated 30.12.1994 duly registered
in the office of Sub-Registrar Nagpur-8 at Serial No. 4076 on the even date
along with a deed of apartment dated 30.12.1994 which is also registered
in the office of Sub-Registrar Nagpur -8 at serial No. 4077 on the even
date. Accordingly the name of the VENDOR is duly mutated in the relevant
revenue and land records as the absolute owner of the said property.
3

AND WHEREAS, for cogent reasons and good causes the VENDOR
has decided to dispose of the said property for her benefit and benefit of
her family members.

AND WHEREAS, the PURCHASERS being desirous of owning the said


property approached to the VENDOR and offered a fairly good price for the
said property.

AND WHEREAS, the PURCHASERS have inspected the title relating to


the said property, the terms and conditions of payments, the copies of the
title and other related matter of the said property as such

AND WHEREAS, the PURCHASERS have satisfied themselves with


respect to the VENDOR’S title to the said property as good valid and
marketable as contemplated under section 41 of the Transfer of Property
Act and all the same, the VENDORS do hereby assure the PURCHASERS
that the title of the VENDORto the said property is clear, marketable,
mortgagable and unencumbered.

AND WHEREAS, after due deliberations and negotiations, the


VENDOR, being satisfied with the proposal of the PURCHASERS, agreed to
sell and the PURCHASERS agreed to purchase the said property to for a
total valuable consideration of Rs.25,00,000/- (Rupees Twenty Five Lac
Only).

AND WHEREAS, to avoid any future complications the parties hereto


have decided to get the terms and conditions of the agreement reduced in
writing.

NOW THEREFORE THIS AGREEMENT OF SALE WITNESSETH AS


FOLLOWS :

1. THAT, the PURCHASERS hereby agreeto purchase from the VENDOR


and the VENDOR hereby agrees to sell to the PURCHASERS the said
property for the valuable consideration of Rs.25,00,000/- (Rupees Twenty
Five Lac Only).

2. THAT, the PURCHASERS have paid an amount of Rs. 5,00,000/-


(Rupees Five Lac Only)to theVENDOR at the time of execution of this
agreement in the manner hereinafter appearing, the receipt of which the
CONSENTER do hereby admits and acknowledges.
4

MANNER OF PAYMENT:

Rs. 5,00,000/- (Rupees Five Lac) Only paid by the PURCHASERS to


the VENDOR by Cheque No. 905774dated
19/04/2012, Drawn on Andhra Bank,Nagpur.

Rs. 20,00,000/- (Rupees Twenty Lac) Only to be paid by the


PURCHASERS to the VENDOR at the time of
execution and registration of the sale deed to be
executed within TWO months from the date of
execution and registration of this agreement.
_______________
Rs. 25,00,000/- (RUPEES Twenty Five Lac Only)
_______________

3. It is specific understanding between the parties that TIME SHALL BE


THE ESSENCE OF THE CONTRACT. The PURCHASERS undertakes to pay the
balance amount of consideration within a period of TWO months from the
date of execution of this agreement to sell.

4. THAT, after receiving the entire consideration from the


PURCHASERS,the VENDORagrees to execute the proper sale deed in favour
of the PURCHASERS or their nominees.

5. THAT, the VENDORdoes hereby agree to answer all reasonable


requisitions on title to be made by the PURCHASERS. The PURCHASERS
have verified the title documents pertaining to the said property and have
satisfied themselves that the title of the VENDOR is clear and marketable.
The VENDOR has already handed over the true copies of all the relevant
title documents to PURCHASERS.

6. THAT, the VENDORspecifically covenants that the said property is


the absolute property of VENDOR and she has full and absolute right to
sell, transfer, convey and assign the same. No other person whatsoever
has any right, title or interest in the same.

7. THAT, the VENDORspecifically covenants that there are no


outstanding encumbrances, mortgages, charges, claims, liens, set-back,
rights of tenants or outstanding interest in or claim by any parties other
than the VENDOR in respect of the said property nor the said property is
subject matter of any pending litigation.
5

8. THAT the VENDOR shall deliverthe actual physical possession of the


said property to the PURCHASER in vacant condition after receiving the
entire consideration at the time of execution and registration of the sale
deed.

9. THAT, if the PURCHASERS makes default in completing the sale


transaction within the stipulated period of TWO months commencing from
the date of execution of this agreement, then the present agreement shall
automatically stand cancelwithout the necessity of any notice or
intimation. In the event of such cancellation of this agreement, the earnest
money paid by the PURCHASERS shall be refunded by the VENDOR after
deducting 5% of the earnest amount towards her claim for damages and
charges of and incidental to this agreement.

10. THAT the all dues/outgoings with respect to said property viz. the
electricity bills, the water bill, maintenance charges etc upto the date of
execution and registration of sale deed shall be borne and paid by the
VENDOR and thereafter the PURCHASERS shall pay the same. The VENDOR
has paid the Municipal Corporation Tax for the year 2011-2012. Hereinafter
the municipal tax shall be borne and paid by the PURCHASERS.

11. THAT, the said property is subjected to the provisions of the


Maharashtra Apartment Ownership Act 1970 vide a Deed of Declaration
dated 09/10/1992 which is duly registered in the office of Sub-Registrar
Nagpur at Serial No. 3382 on the even date. Thereafter a Deed of
Correction to the said declaration has been executed on 17/12/1993 and
the same is also registered in the office of Sub-Registrar Nagpur at Serial
No. 3979 on the even date. The PURCHASERS hereby admit and
undertakes to follow the bylaws of the said KONARK APARTMENT
CONDOMINIUM.

12. THAT, the said property is believed and shall be taken to be


correctly described in the Schedule hereunder written and if any
misstatement, error or omission shall be discovered, the same shall not
annul this Agreement, nor shall any compensation be allowed in respect
thereof, to the Purchaser, but all the same such misstatement, error or
omission will always be subject to correction by parties hereto.

13. THAT, all expenses on account of preparation of all kinds of


documents, cost of Stamp Duty, Registration fees and all other charges
including the Lawyer's fees payable in respect thereof have been agreed to
be borne and paid by the PURCHASERs.
6

-: SCHEDULE OF PROPERTY :-

ALL THAT R.C.C superstructure comprising of Apartment No. 001


having built up area of about 59.56 Sq. Mars (640.86 Sq. Ft) situated on
the GROUND FLOOR of the building known and styled as
“KONARK APARTMENTS” along with 6.639% undivided share in all that
piece and parcel of land admeasuring about 717.676 Sq. Mtrs, submitted
to the provisions of Maharashtra Apartment Ownership Act 1970, which is
41.236% share of the entire land admeasuring 1740 Sq. Mars bearing
Municipal Corporation House No. 151, Khasara No. 13, Khare Town,
Dharampeth, Mouza : LENDHRA, Sheet No. ____, City Survey NO. 126, Ward
No. 70, situated within the limits of Nagpur Municipal Corporation and
Nagpur Improvement Trust, Nagpuralong with all ancillary and
easementary rights therein and bounded as under:-

ON THE EAST- Building Owned by Rai Family and


thereafter 30 Ft wide road.
ON THE WEST - Conservancy Lane.
ON THE NORTH - House Property of Diwakar Mohoni
ON THE SOUTH - 30 Ft Wide Road.

IN WITNESS WHEREOF the VENDOR, PURCHASER and CONSENTER


hereinabove named have set their respective hands and signed this
AGREEMENT OF SALE at NAGPUR in the presence of the attesting
witnesses signing as such on the day first above written.

WITNESSES :-

(1)_______________ VENDOR

(2)________________

PURCHASERS
7

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