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DEED OF EXCHANGE
THIS DEED OF SALE is registered, executed and entered here at Ponda
this -------------- day of May 2019.
BETWEEN
1. Mrs SHOBHA SHRIKANTH UPADHYE @ XOBA BALKRISHNA
ALAVANI, daughter of late Shri Balkrishna Dattaram Alavani and
wife of Shri Shrikanth Vishnu Upadhye, age 65 years, married,
retired, holding PAN card No. AAFPU0029A and Adhaar Card No.
8248 1711 5686 and her husband,
2. Shri SHRIKANTH VISHNU UPADHYE, son of late Shri Vishnu
Upadhye, age 74 years, married, retired, holding PAN card No.
AAFPU6801N and Adhaar Card No. 5744 8988 0107 both residing
at H. No.1563, Konem, Priol, Ponda – Goa. hereinafter referred as
VENDORS, hereinafter represented by them by their constituted
Power of Attorney holder Shri KAPIL SHRIKANTH UPADHYE, son
of Shri Shrikanth Vishnu Upadhye, age 32 years, bachelor,
businessman, residing at House No. 1563, Konem, Priol, Ponda –
Goa, by virtue of Power of attorney duly executed and registered at
Ponda before the Notary Public Reshma R. Prabhu under Reg. No.
1400 dated 26/09/2017. (which expression shall, unless repugnant
to the context or meaning thereof, include their heirs, executive,
administrative and assigns) of the FIRST PART.
AND
1. Smt. PUSHPALATA GOROTHY FILOMENA GRACIAS, daughter
of Joao Inacio Gracias, married, housewife, age ----- years,
2. Shri. Mario Aleixo Pitagoras Ben To Marques, son of Antonio -------
----------- age------- years, resident of Mardol Goa, hereinafter
referred to as the “ ” (which expression shall unless repugnant to
the context or meaning thereof shall include their respective heirs,
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executors, legal representatives, successors, administrators and
assigns), of THE SERCOND PART
Whereas THE VENDORS are the absolute and exclusive owners in title,
and otherwise well and sufficiently possessed landed property known as
AMBLEPEDACODIL MOLA, situated at Farmagudi, village panchayat of
Bandora, Taluka and Sub-District of Ponda, District of Goa, described in the
Land Registration Office of Comarca of Ilhas Panaji, under No. 13177 of Book
B No. 34 new serial, enrolled in the Taluka Revenue Office of Ponda under
No. 286, and now surveyed in the records of Rights of village Bandora under
No. 229/0, more fully described in the Schedule I below mentioned.
Whereas THE VENDORS become the lawful owners in title of the said
property, by virtue of a gift deed made by her mother and mother in law Rama
by other name Caveri Botina widow of Dattarama Boto alias Dattaram
Valcrisna Boto Alaunim, executed on 19/02/1968, duly registered in the Office
of the Sub Registrar of Ponda under No. 26 of Book No. I, volume V at pages
335 to 338 on 23/02/1968.
Whereas the usuffuctuary right reserved by the said Rama alias Caveri
Botina, for her life time, has been ceased upon her death occurred on
22/02/1968, and THE VENDORS became the full owners and possessors of
the property in question, including the usuffuctuary right.
Whereas THE VENDORS have subdivided a part of the said property into
plots, for the purpose of construction of residential houses, after compliance
of all legal formalities of Gram panchayat Office of Bandora, P.W. Department
and other Offices.
Whereas there was a written agreement for sale between the parties
above named dated 04/06/1978, by virtue of which the VENDORS had
agreed to sell to the PURCHASERS, a plot No. 28 of the said property, more
fully described in the SCHEDULE II below mentioned, for the total price of
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Rs. 15000/- (Rupees fifteen thousand only), under the terms and conditions
mentioned in the said agreement for sale.
Whereas the parties hereto now are willing to execute final sale deed,
and to sell effectively to the PURCHASERS, the said plot No. 28, having an
area of 500.00 sq. mts, for the total price of Rs. 15000/- (Rupees fifteen
thousand only), free from all encumbrances, charges, liens whatsoever, and
THE PURCHASERS are willing to purchase the same for the said price, as
stipulated in the said agreement for sale, and which was also market price.
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:
That in pursuance of the premises above and in consideration of the sum of
Rs. 15000/- (Rupees fifteen thousand only) paid by THE PURCHASERS to
THE VENDORS, being Rs. 10000/- (Rupees ten thousand only) at the time
of execution of agreement for sale and Rs. 5000/- (Rupees five thousand
only) as on today, the receipt whereof THE VENDORS do hereby
acknowledge as fully paid to them, giving full acquitance of the same to the
Purchasers for all legal purposes, the said Vendors as lawful owners do
hereby convey, sell, transfer, grant, assign and assure unto the
PURCHASERS, free from any encumbrances charges, liens whatsoever, the
said plot No. 28 more fully described in the SCHEDULE II below mentioned,
together with all trees, ditches, ways, water, water courses, liberties,
privileges, and appurtenances whatsoever to the said plot of land hereby
conveyed and every part thereof TO HAVE, TO HOLD, TO USE AND TO
ENJOY the same to the Purchasers, their heirs, executors, administrators
and assigns absolutely and forever.
That the Vendors and all person claiming through or under them do hereby
covenant with the Purchasers, that the Vendors are now lawfully sized and
possessed the said property free any encumbrances of defeat whatsoever,
and they have absolute authority to sell the said plot No. 28 with all estate,
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right, interest, title, claims and demand whatsoever of the Vendors in or to
the said plot hereby conveyed and every part thereof in the manner aforesaid.
That the Purchasers may hereafter peaceably and quietly possess and enjoy
the said plot No. 28 of the said property without any claims or demand
whatsoever from the Vendors or from any other person or persons claiming
through or under them.
And the Vendors covenant to save harmless and to keep indemnified the
Purchasers from or against all losses, costs or expenses which they may
sustain or incur by reason of any claim being made by anybody whomsoever
to the said plot of the land hereby sold.
And the Vendors further covenant that they shall at the request and cost of
the Purchasers do or execute or cause to be done or executed all such lawful
acts, deeds and things whatsoever, for further and more perfectly conveying
and assuring the said plot No. 28 more fully described in the Schedule II
below mentioned, hereby conveyed and every part thereof in the manner
aforesaid, as the true intent or meaning of this deed.
And THE PURCHASERS shall peacefully and quietly hold, possess and
enjoy the said plot No. 28 as their own property, without any hindrance,
interruption, interference, claim or demand by or from the Vendors or from
any other person or persons whomsoever.
SCHEDULE I OF THE PROPERTY
Property known as AMBLEPEDA CODIL MOLA, situated at Farmagudi,
village panchayat of Bandora, Taluka and Sub-District of Ponda, District of
Goa, described in the Land Registration Office of Comarca or Ilhas Panaji
under No. 13177 of Book B No. 34 new series, enrolled in the Taluka
Revenue Office of Ponda under No. 286, and surveyed in the records of
Rights of village Bandora under No. 229/0, bounded on the North, South,
East, and West by hilly land of Communidade of Bandora.
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SCHEDULE II, PLOT No.28
The said plot No.28 disannexed from the property described in the Schedule-
I, above, constitutes itself a separate and distinct, until or property, and as it
is bounded on the North by access road of ten meters wide, on the South by
plot No. 29, on the east by plot No. 27, of the said property and on the West
by national road Ponda Panaji, it is a quadrilateral rectangular admeasuring
its western sides 20mts each, as such its area becomes to be 500.00 sq. mts.
The said plot No. 28, represents 500/50150 of the property surveyed under
No. 229/0.
IN WITNESS WHEREOF the parties hereto have set and subscribe their
respective hands and signatures to this deed of sale on the date, and place
first hereinabove mentioned.
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IN WITNESS WHEREOF the parties hereto have set and subscribe their
respective hands and signatures to this deed of sale on the date, and place
first hereinabove mentioned.
Place: Ponda – Goa,
Date:.
EXECUTANTS:
The Vendor No.1
1. -------------------------------------------------
Photograph:
Right hand finger impressions
Left hand finger impressions
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The Vendor No.2
2. -------------------------------------------------
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Photograph:
Right hand finger impressions
Left hand finger impressions
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The Purchaser:
1. -------------------------------------------------
()
Photograph:
Right hand finger impressions
Left hand finger impressions
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