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AGREEMENT FOR SALE

This agreement for sale is made at Mumbai, this 1st day of October, 2019.

BETWEEN

(1) MR. ROHAN DEDHIA, aged 26 years and (2) MR. PRANAV DEDHIA, aged 25 years, ,

both are Indian Inhabitants and presently residing at :- 601/602 SIDDHARUDH BHAVAN, 12 TH

ROAD, PLOT NO 333, KHAR WEST, MUMBAI 52, hereinafter collectively referred to and

called as the said “VENDORS”(which expression shall unless it be repugnant to the context or

meaning thereof be deemed to mean and include their respective heirs executors administrators

and assigns) party of the First Part THE PARTY OF THE FIRST PART;

AND

DR. RACHANA VISHWAJEET, age about 35 years, MR. VISHWAJEET KADAM, age

about 38 years and MR. CHNADRAKANT INGLE, age about 62 years, all Indians,

Inhabitants of Mumbai, at present residing at 58/2640, Gandhi nagar, Bandra east, Mumbai

400051. hereinafter called "THE PURCHASERS" (which expression shall unless it be

repugnant to the context or meaning thereof be deemed to include their respective heirs,

executors, administrators and assigns) of the Other Part;

AND WHEREAS, by an Agreement for Sale dated 30/06/2017, duly registered in the

Office of the Joint Sub-Registrar, Andheri No.1, under Sr.No.BDR-4084/1/126 of 2017, the

Vendors herein have purchased from M/S. Sunstone Developers joint Venture , having office

at Hubtown Sunstone, Near MIG Cricket Club, Bandra €, Mumbai 400 051 a flat being Flat

No.801, admeasuring about 96.98 sq. mt built up area i.e. 1044 sq ft Approx, along with

attached area admeasuring 180 sq.ft., 16.73 sq. mtrs approx. in the form of flower bed

and/or utility spaces and/or deck and/or cupboard space and/or terrace and/or niche and /or

elevation feature , etc. (hereinafter referred to as the “Attached area of the said flat’) on the

8th Floor. more particularly described in the Schedule hereunder written and hereinafter for

brevity's sake referred to as "the said Flat No.801", for the consideration and on the terms and

conditions recorded therein;

        AND WHEREAS the Vendors have represented that they have paid the proper Stamp

Duty in respect of the said Agreement for Sale dated 30th June, 2017;    

       AND WHEREAS under the above circumstances the Vendors are absolutely seized and

possessed of or otherwise well and sufficiently entitled to the said Flat No.801, admeasuring

about 96.98 sq. mt built up area i.e. 1044 sq ft Approx (hereinafter referred to as the “said flat’)

situated in the building known as “Hubtown Sunstone”, Shastri Nagar, Bandra East, Mumbai -

400 051 and more particularly described in the Schedule hereunder written;

AND WHEREAS the Vendors hereby state and declare that they have not taken any

housing loan on the security of the said Flat No.801.

        AND WHEREAS the Vendors have represented that a Co-Operative Housing Society of

the Purchasers of flats and premises in the said building has not yet been formed or registered;   

       AND WHEREAS at present M/S. SUNSTONE DEVELOPERS JV have been managing

all the affairs of the said Hubtown Sunstone Building;  

        AND WHEREAS M/S. SUNSTONE DEVELOPERS JV have by their letter dated

____________, 2019 granted permission to the Vendors herein to sell and transfer the said Flat

No.801 to the Purchasers, the original whereof is enclosed herewith as Annexure ‘C’;   

        AND WHEREAS the Purchasers are fully aware of the above facts and all the rights, title

and interest of the Vendors in the said Flat No.801 and they have gone through the above

mentioned Agreement and made inquiries with M/S. SUNSTONE DEVELOPERS JV and other

concerned authorities before agreeing to purchase the said Flat;

         AND WHEREAS the Vendors have agreed to sell, transfer and assign to the Purchasers

and the Purchasers have agreed to purchase and acquire from the Vendors the said Flat No.801,

more particularly described in the Schedule hereunder written, free from all encumbrances for

the lump sum price or consideration of Rs.3,24,00,000/- (Rupees Three Crore Twenty Four

Lacs Only) and on the terms and conditions hereinafter appearing;

        NOW IT IS HEREBY AGREED, CONFIRMED AND DECLARED BY AND

BETWEEN THE PARTIES HERETO as under:

1.       The Vendors have agreed to sell, transfer and assign to the Purchasers and the Purchasers

have agreed to purchase and acquire from the Vendors the said Flat No.801, admeasuring about

96.98 sq. mt built up area i.e. 1044 sq ft Approx. on the 8th Floor in the building known as

“Hubtown Sunstone”, Shastri Nagar, Bandra East, Mumbai - 400 051 , free from all

encumbrances and more particularly described in the Schedule hereunder written for the lump

sum price or consideration of Rs.3,24,00,000/- (Rupees Three Crores Twenty Four lacs only ).

2. In pursuance of the above, the Purchasers have paid to the Vendors on or before the

execution of these presents a total sum of Rs. 44,00,000/- (Rupees Forty Four lakhs only) by

cheques as per particulars given herein below, being part consideration of the said Flat (the

receipt whereof the Vendors do hereby admit and acknowledge). The Purchasers hereby state

that they have deducted TDS at the rate of 1% and will hand over TDS certificate to the Vendors

within 45 days of date of registration of this Agreement.  

PAYMENT MADE BY Dr. Rachana Vishwajeet, Vishwajeet Kadam, Chnadrakant Ingle

(Purchaser) from ___________Bank , ________ branch to _______________ (Vendor)

i] Rs. _________/-(Rs. _____ only) by cheque no. ____ dated ______

ii] Rs. _______/- (Rupees _____ Only) by cheque no. ____ dated _____.

iii] Rs. 3,24,000 /- [ Rupees Three Lakh Twenty Four Thousand Only] being deduction towards

TDS certificate. 

3.       The Purchasers have agreed to pay to the Vendors the balance consideration amount of

Rs.2,80,00,000/- (Rupees Two Crore Eighty Lakh only) within 15 days from the date of

registration of this Agreement for Sale of the said Flat in favor of the Purchasers. In the event

the Purchasers fail to make payment of the remaining amount of Rs.2,80,00,000/- (Rupees Two

Crore Eighty Lakh only) within 15 days from the date of registration of this Agreement for Sale

to the Vendors then the Vendors shall have a right to forfeit from the advance an amount of Rs.

11,00,000/- (Rupees Eleven Lakh only) paid to the Vendors and this Agreement shall stand

terminated and the Purchasers shall have no claim of what so ever nature on the said flat. In such

an event the Purchaser agrees that they shall sign all relevant documents and pay all expenses

incurred by the Vendor including stamp duty, registration changes, legal expenses and all costs

incurred by the Vendors for deregistration of this Agreement or any other document like Deed of

Deregistration / Cancellation etc. Post completion of documentation process the Vendor shall
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forfeit the above mentioned amount, expenses incurred and thereafter return the balance to the

Purchaser.

 4.       The Purchasers are at liberty to take loan if required on the security of the above said Flat

from any other Bank or Financial Institution in their names provided that the said loan amount

will be a charge on the said Flat on the date it will be purchased by the Purchasers and for that

purpose the Vendors hereby agree to help and co-operate with the Purchasers by furnishing all

the necessary documents and information. This Loan shall be disbursed directly in the name of

the Vendors to the extent of balance amount i.e 2,80,00,000/- (Rupees Two Crore Eighty Lakhs

Only).

5.       The Vendors do hereby state and declare that all the rights, title and interest created under

the above said Agreement for Sale dated __th ____, 2019, in their favor in respect of said Flat

No.801 shall automatically stand transferred, assigned and sold in the names and favor of the

Purchasers on the day the Vendors receive the full consideration amount from the Purchasers.

6.       The Vendors have, in pursuance of the above said Agreement and in consideration stated

hereinabove agreed to hand over the vacant and peaceful possession of the said Flat No.801 to

the Purchasers along with the keys and the original documents after receiving the entire balance

consideration amount from them.

7.        The Vendors hereby state and declare that they have not taken any other loan from any

other Bank or financial institution on the security of the said Flat No.801.

8.      The Vendors hereby state and declare that except what is stated herein above, they have

not created any mortgage or encumbrances or liabilities in respect of the said Flat No.801 and

that the title of the same is clear and marketable.

9.       The Vendors do hereby covenant with the Purchasers that except what is stated herein

above the said Flat No.801 hereby agreed to be sold and transferred is free from all

encumbrances of whatsoever nature and the Vendors have full and absolute right and power to

sell and transfer the same to the Purchasers.   

10.       The Vendors hereby agree to help the Purchasers to get the said Flat No.801 transferred

in the names of the Purchasers in the record of M/S. SUNSTONE DEVELOPERS JV or other

relevant records after receiving the entire balance consideration amount from them.

11.       The Vendors do hereby covenant with the Purchasers that they shall pay to M/S.

SUNSTONE DEVELOPERS JV, Electric Supply Company, Mahanagar Gas and other

authorities concerned their share of taxes, outgoings, electric bills, etc., in respect of the said Flat

No.801 till the possession of the same is handed over to the Purchasers.

12.     The Vendors do hereby further covenant that after receiving the full consideration

amount from the Purchasers, the Purchasers shall quietly and peacefully use, occupy and enjoy

the said Flat No.801 without any hindrance, denial, demand, interruption or eviction by the

Vendors or any other person or persons lawfully or equitably claiming through, under or in trust

for the Vendors.

13.    The Vendors do hereby further covenant with the Purchasers that after taking possession

of the said Flat No.801, the Purchasers shall be entitled to enter upon, use, occupy and enjoy the

same and the Purchasers, their heirs, successors and assigns shall enjoy and occupy the same

forever without any claim, charge, right, interest, demand or lien of the Vendors or any person or

persons claiming through or under them or in trust for them subject to the payment by the

Purchasers of all the taxes, assessments, charges, duties, etc., payable to M/S. SUNSTONE

DEVELOPERS JV., Adhoc Committee, Society when formed, Government, Revenue or Local

Authorities or Municipal Authorities, Electric Supply Company, Mahanagar Gas, etc., thereafter

in respect of the said Flat No.801.

14.     The Purchasers do hereby covenant with the Vendors that save and except as aforesaid

the Purchasers shall pay their share of taxes, outgoings, etc., in respect of the said Flat No.801 to

M/S. SUNSTONE DEVELOPERS JV., Society when formed, Government, Revenue or Local

Authorities or Municipal Authorities, etc. and all other dues/payments from the date of taking

possession of the said Flat.

15.     The Purchasers do hereby covenant with the Vendors that the Purchasers shall become

the members of the Society when formed and shall abide by all the rules, regulations and bye-
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laws of such Society and that the Purchasers hereby agree and undertake to pay and discharge all

calls, demands, contributions, etc., which such Society or the said M/S. SUNSTONE

DEVELOPERS JV may hereafter make in respect of the same.

16.     The Vendors do hereby further covenant with the Purchasers that after receiving the

entire consideration amount, they shall from time to time and at all times whenever called upon

by the Purchasers or by their heirs, successors, executors, administrators, assigns or Advocate do

and execute or cause to be done and executed all the necessary documents, applications, acts,

deeds and things whatsoever for more perfectly securing the interest of the Purchasers in the said

Flat No.801 but at the cost of the Purchasers.

17.      The Vendors hereby state and declare that they have not contracted to sell the said Flat

No.801 or any part thereof to any person or persons nor is there any loan outstanding against the

said Flat No.801 except what is stated herein above and that they have full and absolute right,

power and authority to transfer, sell and dispose of the same.

18.     The Vendors shall handover to the Purchasers the Original Agreement for Sale,

Possession letter dated __ ___ 2017 from Sunstone Developers JV, along with the payment

receipts of deposits, society formation charges, maintenance charges, club membership and other

required documents/paper related to the said Flat on receipt of the full consideration herein

agreed upon.

19. The Vendors do hereby for themselves and their heirs, executors and administrators

covenant with the Purchasers as follows:-

a. That the Vendors have complied with all the rules and regulations of the concerned

authorities and they have not received any notice for or in relation to any breach of the

rules and regulations, nor are there any actions or proceedings, pending against the

Vendors initiated by any of the authorities in respect of the said Flat including any notice

of action for eviction of the Vendors as the owners of the said Flat;

b. No Income Tax or other public authority or any bank has issued any order restraining the

Vendors from selling or transferring the rights, title and interest in respect of the said Flat

and there are no attachment or Prohibitory orders issued by any Competent Court or
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authority preventing or restraining the Vendors from selling, disposing of or transferring

the rights, title and interest in respect of the said flat as contemplated under these

presents.

20. The Purchasers hereby state and declare that they have personally seen the condition of

the said Flat before agreeing to purchase the same and they are fully satisfied about it.

21.     The Vendors hereby agree that deposits/moneys if any lying with the M/S. SUNSTONE

DEVELOPERS JV in respect of the said Flat No.801 shall stand transferred from the Vendors’

names to the Purchasers’ names in the books/records of M/S. SUNSTONE DEVELOPERS JV

without the Purchasers being required to pay any amount to the Vendors or to any other person

for such transfer after the Vendors receive the entire consideration amount mentioned herein

above.     

22.     Should there be any claim in respect of the said Flat No.801 from any person or persons or

authority pertaining to any period prior to the transfer of the said Flat in the names of the

Purchasers in the books/records of M/S. SUNSTONE DEVELOPERS JV., the Vendors hereby

agree to indemnify and keep indemnified the Purchasers against such claims.

23.   The said Flat No.801 is having electric connection.  The Vendors have no objection if the

Electric Supply Company transfers the said electric connection along with the deposit in respect

of the said Flat in the names and favour of the Purchasers after the said Flat is transferred in their

names and favour.   

24. The Vendors hereby state and declare that after receiving the full price or consideration

of the said Flat, they or their legal heirs will not claim any right, title or interest of whatsoever

nature in the said Flat No.801 or any part thereof.

25.     This Agreement shall always be subject to the Provisions of the Maharashtra Ownership

Flats (Regulation of the Promotion of Construction, Sale, Management & Transfer) Act, 1963

and the Rules made thereunder.

26.      The Purchasers shall bear the stamp duty and registration charges for this Agreement.
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27.     The Vendor hereby states that the builtup area of the said Flat No.801 is about 1044 sq. ft.

area i.e. 96.98 sq. mts. Approx. (hereinafter referred to as the “said flat’) . on the 8 th Floor in the

building known as “Hubtown Sunstone”, Shastri Nagar, Bandra East, Mumbai - 400 051 and the

said building is standing on a plot of land bearing City Survey No.629 (part), situate at Revenue

Village Bandra East, Taluka Andheri, District Mumbai Suburban, in the Registration District and

Sub-District Mumbai City and Mumbai Suburban now within the jurisdiction of the Joint Sub-

Registrar, Andheri and the said building was constructed in the year 2017.  The said building is

having stilts and 1st to 21st floors for residence and it is having a lift.

    The Parties hereto hereby state that the contents of this Agreement have been explained

to them and they have properly understood all the contents of the same and thereafter they have

signed it with their own free will without any force, coercion, compulsion and undue influence

and in their proper state of mind.        

SCHEDULE

    ALL THAT FLAT being Flat No.801, admeasuring about 1044 sq. ft. built up area i.e.

96.98 sq. mts. Approx. (hereinafter referred to as the “said flat’) on the 8 th Floor in the building

known as “Hubtown Sunstone”, Shastri Nagar, Bandra East, Mumbai - 400 051 and the said

building is standing on a plot of land bearing City Survey No.629 (part), situate at Revenue

Village Bandra East, Taluka Andheri, District Mumbai Suburban, in the Registration District and

Sub-District Mumbai City and Mumbai Suburban now within the jurisdiction of the Joint Sub-

Registrar, Andheri.

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