SALE AGREEMENT
THIS DEED OF SALE is made and entered into at Mumbai, Maharashtra
on this ...... day of October, 2022
BETWEEN
Mohammad Qasim Qureshi aged about 68 years, having UIDAI No.
624735409866, PAN No. AADPQ2123K , having residential address at Room No.
19, Amin Parsi Chawl, S.V. Road, Azim Nagar, Jogeshwari West, Mumbai - 400102 ,
hereinafter referred to as the “VENDOR” (which expression shall unless it be
repugnant to the context or meaning thereof mean and include his heirs, executors,
administrators and assigns) of the Party of the ONE PART:
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AND
Siddhesh Kumar, Adult, Indian Inhabitant residing at 17/D, Saraswati Baug, Society
Road, Jogeshwari East, Mumbai – 400060, hereinafter referred to as the
“PURCHASER” (which expression shall unless it be repugnant to the context or
meaning thereof mean and include his heirs, executors, administrators and assigns)
of the party of the OTHER PART.
W H E R E A S:-
A. The Vendor is absolutely seized, possessed of and/or otherwise well and
sufficiently entitled to 100% share in a house at Room No. 2, Shree Seth Chawl,
Sahakar Road, Jogeshwari (West), Mumbai - 400102, more particularly
described in the Schedule hereunder written and hereinafter referred to as the
“Said Premises”.
AND WHEREAS the Vendor by a Notarized Deed of Sale, Declaration,
Tenancy Agreement, Indemnity and Irrevocable Power of Attorney dated
01.02.2014 purchased the said property from one Mrs. Nasima Begum Khan free
of all encumbrances and possess good and clear title to the said property.
Pursuant to Agreement for Sale dated 01.02.2014, the Vendor got possession of
the said Room No. 2, Shree Seth Chawl, Sahakar Road, Jogeshwari (West),
Mumbai - 400102, admeasuring approx. ____ sq. f.t and since then he is in
possession, use and occupation of the said premises.
The Vendor also represented that the said premises is free from all encumbrances
of whatsoever nature and he has not created any charge, lien, mortgage nor have
entered into any Agreement for Sale and/or any writing and/or document of any
nature whatsoever in respect of the said premises in favour of anyone prior hereto
and creating any charge and/or lien and/or encumbrances of whatsoever nature in
respect of the said Premises. Thus, according to the Vendor, his title to the said
Premises is clear and marketable.
On these representations of the Vendor, the Purchaser agreed to purchase the said
premises and negotiated for the sale consideration for the said premises as
Vendor intended to sell the said premises and on coming to know about it, the
purchaser approached to the Vendor and negotiated for purchasing the said
premises mutually for a sum of 10,00,000/- (Rupees Ten Lakhs Only) being
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the full and final consideration of the said premises and the said exclusive open
space appurtenant thereto together with all amenities, approach road, access,
water supply, electric supply and all other amenities appurtenant thereto.
Thus, the Purchaser agreed to purchase the said premises for a total consideration
of 10,00,000/- (Rupees Ten Lakhs Only) being full and final consideration
thereof, inclusive of all amenities appurtenant to the said house as well as the
open space appurtenant thereto along with the Premises.
B. The Purchaser has paid a sum of 5,00,000/- (Rupees Five Lakhs Only) to the
Vendor via Cheque as well as Cash towards the earnest amount being the part
consideration. The Purchaser will pay the balance consideration of 5,00,000/-
(Rupees Five Lakhs Only) at the time of taking over possession of the said
Premises.
The Vendor and the Purchaser, both hereby confirm the amount already received
by the Vendor from the Purchaser as well as the amount payable to the Vendor
by the Purchaser in respect of sale consideration of the said premises to the
Vendor by the Purchaser is the correct and reasonable price of the said premises
and the same is according to the prevailing present market rate in the vicinity.
The Purchaser has now requested the Vendor to execute this Sale Deed in favour
of the Purchaser which the Vendor have agreed to do so.
NOW THESE PRESENTS WITNESS AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1. That in pursuance to the Agreement arrived and in consideration of a total
sum of 10,00,000/- (Rupees Ten Lakhs Only) being the price of Room
No. 2, Shree Seth Chawl, Sahakar Road, Jogeshwari (West), Mumbai -
400102, admeasuring about ____ sq. f.t. appurtenant with all amenities
thereto hereby paid by the Purchaser to the Vendor 50% of the
consideration amount and the remaining 50% will be paid by the Purchaser
to the Vendor on or before taking over possession of the said Premises.
2. A receipt of which sum, by cheque and cash, the Vendor do hereby admit
and acknowledge to the Purchaser and the Vendor do hereby transfer,
convey and assign UNTO AND TO THE USE of the Purchaser by way of
Sale, the said Room No. 2, Shree Seth Chawl, Sahakar Road,
Jogeshwari (West), Mumbai - 400102, admeasuring about ___ sq. f.t.
together with appurtenant thereto with all amenities appurtenant thereto,
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more particularly described in the Schedule hereunder and all the estates,
rights, title, interest and demand whatsoever of the Vendor in or to the said
Room No. 2, Shree Seth Chawl, Sahakar Road, Jogeshwari (West),
Mumbai - 400102, admeasuring about ______ sq. f.t., are hereby
transferred and conveyed and every part thereof to hold the same to the
Purchaser as 100% owner forever together with all fences, sketches,
ditches, amounts, liberties, access, ways, waters, watercourses, privileges,
easements, passes, passages, appurtenances, advantages and profits
whatsoever in or to the said house hereby transferred, conveyed and sold,
more particularly described in the Schedule hereunder written belonging to
or in any way appurtenant or shall hold or occupy therewith or represented
to belong or be appurtenant thereto.
3. The Vendor hereby transfer all the deposit and other money standing in the
name of the Vendor with the Municipal Authorities and electricity charges.
4. The Vendor COVENANT with the Purchaser as under:-
(a) The Vendor hereby declare that he is the owner of the said Room No.
2, Shree Seth Chawl, Sahakar Road, Jogeshwari (West), Mumbai
– 400102 and have marketable title in respect thereof to transfer the
right, title and interest of the said Room No. 2, Shree Seth Chawl,
Sahakar Road, Jogeshwari (West), Mumbai - 400102, admeasuring
about _____ sq. f.t., with right to exclusively use the open space in
front of the said property and have clear title to the said property.
(b) The Vendor has sole and absolute 100% right to transfer the same in
favour of the Purchaser.
(c) The Vendor further declare that he has not entered into any Agreement
of whatsoever nature with any other person for transfer his 100%
share of the said Room No. 2, Shree Seth Chawl, Sahakar Road,
Jogeshwari (West), Mumbai - 400102, admeasuring about ______
sq. f.t., situated at Survey No. 109, C.T.S. No. 3, 3/28 to 31, lying and
being in Village Bandivali, Taluka Andheri MSD in the Registration
District of Mumbai City and Mumbai Subarban, and its appurtenant
area nor have created any charge, lien, mortgage and/or encumbrances
of whatsoever nature.
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(d) The Vendor hereby declare that he has not secured any financial
assistance from any financial institution/s and/or Bank’s in respect of
the said Room No. 2, Shree Seth Chawl, Sahakar Road,
Jogeshwari (West), Mumbai - 400102.
(e) The Vendor further admit, declare and confirm that he had acquired
the said Room No. 2, Shree Seth Chawl, Sahakar Road,
Jogeshwari (West), Mumbai - 400102 and no other member of the
then family has got any right, title, interest and/or claim in the said
share of room, save and except the Vendor herein.
(f) The Vendor hereby covenant with the Purchaser that the Vendor is
100% owner of the said “Room No. 2, Shree Seth Chawl, Sahakar
Road, Jogeshwari (West), Mumbai - 400102” and save and except
him nobody has have any right, title, interest and/or claim and/or share
of whatsoever nature therein nor any notice of acquisition or
requisition or reservation is received by the Vendor from any
Authority of whatsoever nature.
(g) The Vendor further covenant with the Purchaser that the Agreement
for Sale dated 01.02.2014, is valid and subsisting and he has not
assigned and/or agreed to assign the benefit of the said Agreement for
Sale to anybody else by way of Security or otherwise.
(h) The Vendor hereby agree and undertake to sign and execute any other
and further document/s if required as and by way of confirmation of
this Sale Deed or to the rights of Purchaser to purchase the said
premises under the terms and conditions of the said Agreement for
Sale dated 01.02.2014.
(i) The Vendor covenant with the Purchaser that the original Agreement
for Sale dated 01.02.2014, Paid Electricity Bills issued by Electricity
Department and the Vendor hereby grant their No Objection for
transfer of Electric Supply of Room No. 2, Shree Seth Chawl,
Sahakar Road, Jogeshwari (West), Mumbai - 400102, bearing
Account No. ________________ and Meter No. _____________.
5. The Vendor hereby hand over quiet, vacant and peaceful possession of the
said Room No. 2, Shree Seth Chawl, Sahakar Road, Jogeshwari (West),
Mumbai - 400102, together with appurtenant thereto with all amenities,
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used and enjoyed by the Vendor being appurtenant thereto to the Purchaser
herein on or against receipt of full and final payment made to the Vendor by
the Purchaser on or before execution of these presents.
6. The Vendor hereby grant their No Objection to the Municipal Council for
transfer and mutation of the name of the Purchaser in place of the Vendor in
their records.
7. The Purchaser hereby agree and undertake to pay the electricity bills
Municipal property Tax, any other outgoings as well as all other common
expenses payable and properly attributed to the concerned authorities as
well as the Municipal Authority, Non-Agricultural Tax, including Insurance
Premium, Maintenance of common lights and maintenances rights,
maintenance of sanitation repairs to the common amenities, if any, together
with other expenses, being necessary and incidental to the said property
user thereof.
8. The Vendor hereby agree and undertake to hand over to the Purchaser all
the letters, demands and communications received by him from any other
authorities in respect of the said Room No. 2, Shree Seth Chawl, Sahakar
Road, Jogeshwari (West), Mumbai - 400102 , till the said property is
finally transferred in the name of the Purchaser.
9. The Document preparation charges and the Registration Charges shall be
paid by the Vendor & Purchaser.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT piece or parcel of Room No. 2, Shree Seth Chawl, Sahakar Road,
Jogeshwari (West), Mumbai - 400102, admeasuring about _____ sq. ft.,
situated at Survey No. 109, C.T.S. No. 3, 3/28 to 31, lying and being in Village
Bandivali, Taluka Andheri MSD in the Registration District of Mumbai City and
Mumbai Subarban, admeasuring about _____ sq. f.t, along with all the
easement rights.
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IN WITNESS WHEREOF the Parties hereto have hereunto set and
subscribed their respective hands on the day and year first herein-above written.
Signed and Delivered )
By the withinnamed ‘VENDOR’ )
MOHAMMAD QASIM QURESHI )
in the presence of )
1)
2)
Signed and Delivered )
by the withinnamed ‘PURCHASER’ )
SIDDHESH KUMAR )
In the presence of )
1)
2)
RECEIPT
I, MOHAMMAD QASIM QURESHI , the Vendor above
referred to, do hereby acknowledge receipt of 5,00,000/- (Rupees
Five Lakhs Only) as and by way of 50 % of the consideration in respect
of the above said premises from the PURCHASER, in the terms and
conditions of this agreement.
I SAY RECEIVED
(Mohammad Qasim Qureshi )
Vendor
: 10 :
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Dated this ……. Day of October, 2022
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: Between:
Mohammad Qasim Qureshi
…Owner
: And:
Siddhesh Kumar …Purchaser
SALE DEED
