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AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made and entered into at MUMBAI, on
this ____.____._____ Day of __________ 2008, BETWEEN Mr. Shrinivas
Shanker Iyer Aged ___ Years (PAN NO. ___________) an adult, Indian,
Inhabitant of Mumbai, presestly residing at Flat No. 8, Ravi Kiran Society
Ltd., Chunabhatti (Kurla), Mumbai – 400 022, hereinafter called and
referred to as "THE TRANSFEROR" (which expression shall unless it be
repugnant to the context or meaning thereof mean and include his
respective heirs, executors, legal representative, administrators and
assigns) of the ONE PART AND PRIME RELATORS (Builders &
Developers) (PAN NO. _________) a registered Partnership firm, through
its partner, Mohammad Ali Iqbal Wadia, having their office at 64,
Mohammed Ali Road, Mumbai-400 003, hereinafter called and referred to
as 'THE TRANSFEREES' (which expression shall unless it be repugnant
to the context or meaning thereof mean and include their heirs, executors,
legal representative, administrators and assigns) of the OTHER PART:
1. WHEREAS the TRANSFEROR abovementioned is the member of the
RAVI KIRAN KURLA CO-OP.HSG.SOCIETY LIMITED, a Co-
Operative Housing Society duly registered under the provisions of the
Maharashtra Co-Operative Societies Act, 1960 under the registration
No.BOM/HSG/1585 of 2.6.1968 (hereinafter referred to as the 'Said
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Society’) having it's premises at Survey No. 292, C.T.S.No. 626 of
Village Kurla-III, Taluka Kurla situated Chunabhatti, Kurla, Mumbai-400
022.
2. THE TRANSFEROR is the absolute and inclusive owners fully seized
and possessed and well sufficiently entitled to ownership Flat No. 8 on
3rd Floor, in RAVI KIRAN KURLA CO-OP. HSG. SOC. LTD, situated
on Survey No.292, C.T.S.No. 626 of Village Kurla-III, Taluka Kurla
situated at Chunabhatti, Kurla, Mumbai-400 022, Admeasuring 625-
Sq.Ft. (Built-up) area what is called 'ON OWNERSHIP BASIS' (which
is hereinafter referred to `THE SAID FLAT').
3. 'THE TRANSFEROR' is the legal and bonafide member of the RAVI
KIRAN KURLA CO-OP.HSG.SOC.LTD, a society registered under the
Maharashtra Co-Operative Societies Act, 1960 vide Registration
No.BOM/HSG/1585 of 6.2.1968 hereinafter referred to as 'THE SAID
SOCIETY' and by virtue of the membership in the said society the
TRANSFEROR is holding five fully paid up Shares of Rs.50/- each
bearing No. 16 to 20 (both inclusive) and entered under Share
Certificate No. 4.
4. THE TRANSFEROR further declares that his title cover the said Flat is
marketable and free from all encumbrances.
5. AND WHEREAS 'THE TRANSFEROR' herein have agreed to sell her
Flat No. 8 on 3rd Floor, in RAVI KIRAN KURLA CO-
OF.HSG.SOC.LTD, situated on Survey No.292, C.T.S.No. 626 of
Village Kurla-llI, Taluka Kurla situated at Chunabhatti, Kurla, Mumbai -
400 022, Admeasuring 625 Sq.Ft. (Built-up) area for the full price of
Rs. 20,00,000/- (Rupees Twenty Lakh only) to be paid and to deliver
the vacant and peaceful possession of the said Flat in the hands of
TRANSFEREES.
6. AND WHEREAS THE 'TRANSFEROR' have represented to the
TRANSFEREES that he has given the necessary notice of intention to
the said society for sell and dispose of the said Flat premises, as per
the bye-laws of the said society vide bye-laws No.38(a).
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AND WHEREAS `THE TRANSFEREES' have approached to the TRANSFEROR and
shown their desires to purchase and acquire the said Flat and the said Shares on
Ownership basis for which the TRANSFEROR have agreed to and the parties have
decided to reduce into writing the terms and conditions which are now appearing
hereunder:
NOW THIS INDENTURE WITNESSETH AND IT IS AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. 'THE TRANSFEROR' shall sell and the TRANSFEREES shall purchase and
acquire the said Flat No. 8 on 3rd Floor, in RAVI KIRAN KURLA
CO.OP.HSG.SOC.LTD, situated on Survey No.292, C.T.S.No. 626 of Village
Kurla-III, Taluka Kurla situated at Chunabhatti, Kurla, Mumbai-400 022,
Admeasuring 625 Sq.Ft. (Built-up) area along with Five shares of Rs.50/- each
of the society together with the permanent and absolute right of use and
occupation of the said Flat.
2. That the Purchase price of the said Flat shall be Rs. 20,00,000/- (Rupees
Twenty Lakh only) including the value of Rs. 250/- for the Five Shares of the
said society which consideration amount the TRANSFEREES shall be paid to the
TRANSFEROR. And on receipt of full consideration as mentioned below the
TRANSFEROR agrees to handover and peaceful possession of the said
premises with absolute rights, title, and use thereof to the TRANSFEREES, as
per following details.
i) Rs. _______________ (Rupees _____________ only) as a full & final
payment at the time and taking vacant and peaceful Possession of the
above said Flat premises OR on or before __________.
3. THE TRANSFEROR shall obtain the necessary permission from the said society
to transfer his/their rights, title, claim, interest and benefits whatsoever enjoyed
by the TRANSFEROR, including the Shares, Deposits, if any, in favour of the
TRANSFEREES after completing all payments. The TRANSFEROR undertake
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to assist and co-operate to execute, produce, procure and/or cause to be
executed, produced or procured any documents and/or writings, whatsoever for
further assuring in law and for more perfectly transferring all rights, title, and
benefits of the TRANSFEROR in respect of the said Flat unto the
TRANSFEREES for exclusive use of TRANSFEREES thereof as aforesaid after
completing all payments.
4. THE TRANSFEROR doth hereby covenants with the TRANSFEREES that the
said premises agreed to be sold is free from all encumbrances of any nature,
whatsoever and that the TRANSFEROR have full and absolute power, and
authority to transfer and deliver possession of the said Flat to the
TRANSFEREES. No other person or party have any rights, title, interest,
propriety, claiming or demand into over or upon the same or any part thereof
either by way of sale, exchange, mortgage, gift, trust, inheritance and tenancy or
lien or otherwise howsoever over the said Flat.
5. THE TRANSFEROR doth hereby covenants with the TRANSFEREES that the
TRANSFEROR have agreed to pay to the said society all his/their Shares of
taxes and outgoing & Electric Bills, Telephone Bills, Gas Pipe Line Bills etc. upto
_______ 2008 in respect of the said Flat and after the same date the liabilities of
all taxes and other charges pertaining to the Flat will be borne by the
TRANSFEREES.
6. THE TRANSFEROR hereby further covenants with the TRANSFEREES that the
TRANSFEREES shall henceforth quietly and peacefully posses and occupy and
enjoy the said premises without any let, hindrance, denial, demand, interruption
or eviction by the TRANSFEROR or any other person or persons lawfully or
equitable claiming through under or in trust for the TRANSFEROR.
7. THE TRANSFERORS hereby further declare that the said Flat is free from all
encumbrances beyond reasonable doubts and hereby undertake to indemnify
and keep indemnified the TRANSFEREES against all demands, claims,
proceedings, costs and expenses arising from any third person and/or persons
relating to the said Flat up to the date of possession.
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8. THE TRANSFEREES shall become the member of the said society and shall
abide by all the singular bye-laws, rules and regulations made and adopted from
time to time by the said society and shall regularly pay the monthly maintenance
charges in respect of the said Flat to the said Society, without any default.
9. On receipt of full consideration the TRANSFEROR shall handover the vacant
and peaceful possession of the said flat along with relevant papers, documents,
agreement relating to the Flat shall co-operate with the TRANSFEREES to sign
the necessary documents, papers and/or writings as may be required by the said
society for the effectual transfer of the said flat in the name of the
TRANSFEREES.
10. The TRANSFEROR hereby declares that he has the full absolute and beneficial
owner and the member of the said society. The TRANSFEROR also declares
that the said Flat is not subject to any charge or any notice from. Government,
Municipal Authority, Income Tax and attachment before or after Judgment. The
TRANSFEROR further declare that at present there is no outgoing notice or any
order and requisition received from the Government or any other public body in
respect of any acquisition or requisition of the said Flat.
11. The TRANSFEROR hereby declares that he has not taken loan from his mends,
relatives or any financial institution to purchase the above mentioned Flat and
there is no claim, right, title and interest in respect of "said Flat” any more
whatsoever and the TRANSFEROR hereby declares and indemnifies that title of
the said Flat is clear, free from all encumbrances and marketable.
12. The TRANSFEROR shall handover obtain and deliver to the TRANSFEREES
original No Objection Certificate for Sale and no dues Certificate and title duly
signed by the Secretary/Chairman along with all original documents agreements
for sale, Share Certificate and title deed, in his/their possession for transferring in
the name of the TRANSFEREES, and any other paper and original key of said
Flat. TRANSFEROR shall co-operate with the TRANSFEREES so that
TRANSFEREES are able to avail loan from any financial institution.
13. The TRANSFEROR shall be liable to pay deficit stamp duty, if any, demanded by
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Government Authorities in respect of previous agreement for purchase of the
said Flat.
14. The TRANSFEROR hereby declares that presently there is no loan or claim due
against him on the security of the said Flat. The TRANSFEROR hereby declare
that the title of the said Flat is clear, marketable and free from all encumbrances.
15. It is further agreed and confirmed by and between the parties have Verified the
Original papers and documents in respect of the said Flat Premises and is
satisfied about the title of the TRANSFEROR or the said Flat.
16. The TRANSFEREES shall be liable to become the member of RAVIKIRAN
KURLA CO-OP.HSG.SOC.LTD, and shall abide by the rules and regulations of
the said Society which are at present or which may be adopted by it from time to
time. The TRANSFEROR further agrees that he shall Co-operate and give full
co-operation for transferring the Share Certificate No. Distinctive Nos. 16 to 20 in
favour of the TRANSFEREES.
17. The stamp duty and registration charges in respect of the said Flat if any, levied
by the Competent authority the same shall be borne and paid by the
TRANSFEREES only.
18. The parties hereto have agreed to the expenses in connection with the transfer
to the said Society, shall be borne and paid by TRANSFEREES only.
19. Subject to Mumbai Jurisdiction.
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SCHEDULE OF THE PROPERTY
The Flat No. 8 on 3rd Floor, in RAVI KIRAN KURLA CO.
OP.HSG.SOC.LTD, situated on Survey No. 292, C.T.S.No. No.626 of
Village Kurla-III, Taluka Kurla situated at Chunabhatti, Kurla, Mumbai-400
022, Admeasuring 625-Sq.Ft (Built-up) area duly registered under the
Registration No. BOM/HSG/1585 of 6.2.1968 with the Competent
Authorities under the Provisions of the Maharashtra Co-Op. Societies
Act.1960 and the Rules frame thereunder, situate, lying and being, upon
the piece and/or parcel of land or ground situate at Village Kurla Tal. Kurla
in Registration Sub-District and District Mumbai City and Mumbai
Suburban bearing C.T.S.No. 626 Survey No. 292 of Village Kurla.
AREA : 625 Sq.Ft. (Built-up)
MUNICIPAL WARD : L-
VILLAGE : Kurla
C.T.S. NO. : 626
YEAR OF CONSTRUCTION : 1972
FLOOR OF BUILDING : GR. + 3 upper Floor (Without Lift)
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IN WITNESS WHEREOF the parties hereto have put their respective hands
and signatures on this Agreement on the day and the year first hereinabove
written.
SIGNED SEALED AND DELIVERED )
By the withinnamed TRANSFEROR )
Mr. Shrinivas Shanker Iyer )
(PAN NO. ______________________ )
In the presence of ________________ )
SIGNED SEALED AND DELIVERED )
By the withinnamed 'TRANSFEREES' )
M/S. PRIME RELATORS ) For Prime Realtors
(PAN NO. _____________________ )
THROUGH THEIR PARTENR )
MR. MOHAMMED Ali IQBAL WADIA ) Partner
In the presence of _________________ )
WITNESSES:
1.
2.
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RECEIPTS
Received of and from the withinnamed Flat TRANSFEREES M/S. PRIME
RELATORS the sum of Rs. 20,00,000/- (Rupees Twenty Five Lakh only)
being the full and final against above said Flat No. 8 on 3rd Floor, in RAVI
KIRAN KURLA CO-OP.HSG.SOC.LTD, situated on Survey No. 292,
C.T.S.No. 626 of Village Kurla-III, Taluka Kurla situated at Chunabhatti,
Kurla, Mumbai-400 022, As per Agreement for sale Dt.______.
Details of payments as under : -
Dated Cheque Drawn On Amount Rs.
Number
TOTAL 20,00,000/-
Rs. 20,00,000/-
I SAY RECEIVED
Mr. Shrinivas Shanker Iyer
(TRANSFEROR)
WITNESSES:
1.
2.
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*******************************************************************
DATED THIS ____ DAY OF _____________ 2008
*******************************************************************
AGREEMENT FOR SALE
BETWEEN
MR. SHRINIVAS SHANKER IYER
TRANSFEROR
AND
M/S. PRIME REALTORS
TRANSFEREES
OF
FLAT NO. 8 ON 3RD FLOOR,
RAVI KIRAN KURLA C.H.S.LTD,
CHUNABHATTI, KURLA,
MUMBAI-400022.
