Agreement (Flat) (Second) (Surya Laxmi Enclave)_Jha Alokabhishek & Others_301

AGREEMENT FOR SALE

This Agreement for Sale is made at Patna on this ......
day of October, 2024 of the Christian Era; by and
BETWEEN
(I) SMT. RASHMI KUMARI aged about 38 years,
occupation- Housewife, wife of Sri Subodh Kumar,
Aadhaar No. 2031 7134 9208, PAN- APKPK4654B.
Mob No. 9934049276.
& (II) SRI. SUBODH KUMAR aged about 48 years,
occupation- Service, son of Sri. J.P. Singh, Both are resident
of India Machinery Campus, Kumhrar, Patna, District- Patna,
State- Bihar, Pin- 800026, Indian Citizen, hereinafter referred
to as the “VENDORS-FIRST PARTY” which expression shall,
unless excluded by or repugnant to the context, be deemed to
include his/her heirs, executors, administrators, representatives
and successors in-interest of the ONE PART.
Aadhaar No. 8292 2615 2907, PAN- AKEPK1853B.
Mob No. 9934049276.
 (2)
AND
(I) SRI. JHA ALOKABHISHEK SUSHILKUMAR aged
about 29 years, occupation- Service, son of Sri. Sushil Kumar
Jha,
Aadhaar No. 3879 9071 1470, PAN- BCCPJ7109Q.
Mob No. 8369621936.
& (II) SRI. SUSHIL KUMAR JHA aged about 59 years,
occuaption- Business, son of Late Shambhunath Jha, Both are
resident of Room No. 8A, Vanshri Chs Limited No.-6, Ganesh
Nagar, Charkop, Kandivali, West Mumbai, Pin- 400067, Indian
Citizen, hereinafter referred to as the “VENDEES-
PURCHASERS-SECOND PARTY” which expression shall
unless excluded by or repugnant to the context, be deemed to
include his/her heirs, executors, administrators, assigness,
representatives and successors-in-interest of the OTHER
PART.
Aadhaar No. 2819 3830 5592, PAN- AGAPJ1957H.
Mob No. 9930252601.
WHEREAS, the Vendor-First Party abovenamed has
irrevocably declared and represented before the Vendee-Second
party that he has seized to have owned and possessed the
residential Flat bearing no. 301 on THIRD floor in “SURYA
LAXMI ENCLAVE” measuring total area of 1600 sq.ft. ,
alongwith One Reserve Car Parking Space No. 301 on Ground
Floor, including proportionate share in common pool area and
land of the building constructed over the land Situated at
Mohalla- Priyadarshi Nagar, Mauza- Jalalpur, Pargana- Phulwari,
Survey Thana- Danapur, Present P.S.- Rupaspur, Thana no.
22, Tauzi No. 5519 (Five thousand five hundred nineteen),
Khata No. 83 (Eighty three), C.S. Plot no. 53 (Fifty three),
Ward no. 40, Holding No. 193/40/16/17, PID. 212014360, more
fully described in Schedule-I at the foot of this Agreement for
Sale, hereinafter referred to as the “PROPERTY” free from all
liens, encumbrances, charges and attachments, which is
 (3)
purchased by the Vendor through a registered Deed of Absolute
Sale dated 26.09.2022 executed by Surya Nestbuild Limited a
Company under the Company Act 1956 having its Registered
Office at C-99, Phase-I, Ashok Vihar, Delhi-52 and Head Office
at 101/C, Laxmi Villa, Mahesh Nagar, Patna represented through
its Director Sri Arvind Kumar Sinh, son of Ram Briksh Singh,
resident of Gokul Path, North Patel Nagar, Patna-24, which is
registered in the office of the District Registration Office Patna
in Book no. 1, Volume no. 494, C.D.-77/2012, Serial No. 31470,
Token No. 32214/2012, pages 311 to 328, bearing Deed No.
25887 on 26.09.2012 Since then she is coming in actual physical
possession over the flat.
AND WHEREAS, the Vendor-First Party agrees to sell
and the Vendee-Second Party agrees to purchase the entire
properties more fully described in Schedule-I subject to a good
and marketable title being made in respect thereof and subject
to the terms and conditions hereinunder contained.
AND WHEREAS, the offer of the Vendee to purchase
the said Schedule-I property at the price of 45,00,000/-
(Rupees Forty five lakh) only on the terms and conditions
hereinafter written being the best and the fairest price have
been accepted by the Vendor.
NOW IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS :-
1. That the Vendor has agreed to sell and the Vendee/Purchaser
has agreed to purchase the entire property more fully described
in Schedule-I at the foot of this agreement, at or for the price
of 45,00,000/- (Rupees Forty five lakh) only free from all
encumbrances, charges, liens, attachments, or any other
litigation what soever.
2. That in consideration of the payment a sum of
51,000/- (Rupees Fifty one thousand) only has been paid
by the Vendee-Second Party to the Vendor-First Party prior to
the execution of this Agreement as an Earnest Money which
 (4)
shall be adjusted at the time of Final execution and registration
of the Sale Deed within 03 (Three) Months.
3. That upon payment of the purchase money at the time and
in the manner aforesaid, the Vendor shall execute a conveyance
of the said property with the proper covenants for title, peaceful
enjoyment, non-encumbrances and further assurance in favour
of the purchaser or his/her nominee.
4. That the Vendor shall hand over to the Vendee all the original
documents of title relating to the property sold and delivered
with possession of the same simultaneously with the execution
of the conveyance.
5. That it is further agreed that the Vendee shall pay the rest
consideration amount of 44,49,000/- (Rupees Forty four
lakh forty nine thousand) only at the time of execution of the
SALE DEED on or before stipulated period.
6. That if the Vendee fails to perform his/her part of the contract,
the Vendor may give to the Vendee or to his/her nominee atleast
fifteen days notice in writing specifying the breach and requiring
the purchaser to make good the default before the expiration
of the Notice.
7. That if the Vendee does not comply with the terms of such
Notice,
(i) The deposit money (earnest money) shall be refunded and
the Vendor may resell the said property without previously
tendering a conveyance or instruments of transfer to the
purchaser.
8. That if in course of searches and investigation of title the
property is found to be affected by any notice of acquisition,
or requisition by the Govt. or any statutory body or authority
or injunction or prohibitory order from any court or authority,
the purchaser shall be entitled to rescind the agreement in which
event the Vendor shall refund the earnest money with all lossess
as well as damages over the earnest money at prevailing market
rate.
 (5)
9. That notwithstanding anything hereinbefore contained each
party shall have the right to file suit for specific performance
with or without damages.
10. That the Vendor shall make himself/herself available and
co-operate with the Vendee in respect of execution and
registration of the documents of the properties mentioned in
schedule-I below and he/she will take respective permission or
N.O.C. from the said Co-operative Society within time.
11. That the Vendor-First Party hereto has assured to the
Vendee-Second Party that he/she has not entered into any
agreement to sell with any person/s prior to the execution of
this Agreement.
However, there is already a tenant residing in the said
premises, which shall be vacated within three months from the
execution of this Agreement for Sale.
12. That save and except what are hereinbefore provided, the
rights and liabilities of the parties shall be governed by the law
in force as between Vendor and Vendee.
13. That if the Vendor does not turn up to execute or register
the document in favour of the Vendee due to any reason of his/
her own, the Vendee shall be entitled to get executed or
registered the document through the process of court of law.
And if the Vendor dies and the sale deed is not executed, the
Vendee shall be entitled to get executed or registered the sale
deed through the legal heirs and successors of the Vendor,
failing which the Vendee will have right to get registered the
document through the process of court of law by the heirs of
the deceased Vendor.
SCHEDULE-I
DESCRIPTION OF THE ENTIRE PROPERTY HEREBY SOLD
(CONVERED WITH THIS AGREEMENT)
All that right, title and interest of the residential Flat
bearing no. 301 on THIRD floor in “SURYA LAXMI
ENCLAVE” Apartment measuring total Super built up area
 (6)
of 1600 sq.ft. (One tousand six hundred square feet) along
with one Reserved Car parking space No. 301 on Ground
floor, including proportionate share in common pool area and
land of the Building constructed over land Situated at Mohalla-
Priyadarshi Nagar, Mauza- Jalalpur, Pargana- Phulwari, Survey
Thana- Danapur, Present P.S.- Rupaspur, Thana no. 22, Tauzi
No. 5519 (Five thousand five hundred nineteen), Khata No. 83
(Eighty three), C.S. Plot no. 53 (Fifty three), Ward no. 40,
Holding No. 193/40/16/17, PID. 212014360, constructed over
total land measuring 15651.5 sq.ft., within the limit of Nagar
Parishad Danapur Nizamat, Sub Registration Office Danapur
and District Registration Office Patna and the same is bounded
as follows:-
REVENUE DETAILS OF PROPERTY:
1. Name of the District- Patna
2. Name of the Revenue Anchal- Danapur
3. Name of the Revenue Halka- Patna M Corporation
4. Name of the Revenue Village- Jalalpur
5. Revenue Thana no. - 22
6. Name of the Revenue Thana- Danapur
BOUNDARIES OF FLAT NO. 301:
North : Flat No. 302.
South : Side Setback of the Building.
East : Distance between Blocks.
West : Open Duct, Lift and Passage.
BOUNDARY OF THE BUILDING:
North : Sitaram Sing & Binod Kochar
South : Sitaram Singh.
East : Apartments approach Road & Surya Business
Centre.
West : Sitaram Singh.
Note:- Govt. value is mentioned at Code No. 133 & Zone - 3
of M.V.R. 2016-17.
 (7)
In witness whereof the abovenamed vendor-First party
and the vendee-Second party have executed these presents on
the day, month and year first above written after going through
the contents of this agreement and fully understanding the
implications of this transaction in the presence of belownoted
attested witnesses who also signed hereunder in their presence.
WITNESSES:-
1.
1.

2.

Signature of the Vendors

First Party

2. 1.

2.

Signature of the Vendees

Second Party
Drafted as per instruction of the parties;
Printed By:-

(Santosh Kumar) (Dr. ANIL KUMAR SINHA, “UDDYOGI”)

Advocate,
UDDYOGIJI’S CHAMBER,
‘Chamber’, Collectorate Bar Association
Collectorate Bar Association Patna
Patna.