SALE DEED
THIS DEED OF SALE is made at Vashi this ___ day of December,
2005 by and between MRS. CHERYL DOWLING, adult Indian
Inhabitant, residing at Flat No.4, 2 nd Floor, in Sulochana Building
INTERCITY CO-OPERATIVE HOUSING SOCIETY LTD., Plot
No.5, Sector-16A, Vashi, Navi Mumbai 400 703, hereinafter referred
to as "THE TRANSFEROR" (which expression shall unless it be
repugnant to the context or meaning thereof include her heirs,
executors, administrators and assigns) of the ONE PART AND (1)
MR. VIJAYKUMAR OMPRAKASH & (2) MRS. SUNITA VIJAY
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BANSAL ALIAS AGARWAL both adult Indian Inhabitants, both
Flat No.A-3, 2nd Floor, in Sulochana Building INTERCITY CO-
OPERATIVE HOUSING SOCIETY LTD., Plot No.5, Sector-16A,
Vashi, Navi Mumbai 400 703, hereinafter referred to as the
TRANSFEREES (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include their heirs,
executors, administrators and assigns) of the OTHER PART;
WHEREAS the TRANSFEROR and the TRANSFEREES herein
above mentioned entered into an agreement for sale dated 04/03/2005
agreeing to sell transfer and assign by the Transferor and to purchaser
and acquire by the Transferees, flat no.A-4, 2 nd Floor, in Sulochana
Building INTERCITY CO-OPERATIVE HOUSING SOCIETY
LTD., Plot No.5, Sector-16A, Vashi, Navi Mumbai 400 703
admeasuring 585 sq.ft in built up area together with all right, title and
interest in the share certificate no.5 issued by the said Intercity CHS
Ltd., comprising five fully paid up shares numbering from 021 to 025
(both inclusive) at and for a total consideration of Rs.9,90,000/- on the
terms, conditions and covenants specified therein.
AND WHEREAS the said agreement for sale has duly been registered
as document no.TNN3-01754 of 2005 dated 04/03/2005 on part
payment. Stamp duty of Rs.33,250/-and Registration fees of Rs.
9,900/- were paid on execution of agreement for sale.
AND WHEREAS the parties hereto have duly performed their
respective part in completing the said transaction it has become
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necessary and expedient to record their due performance by this Deed
of Sale.
NOW IT IS HEREBY AGREED TO BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS :
1. That the entire consideration having been paid by the Transferees
hereto to the Transferor as herein below mentioned and in
furtherance of the several covenants and agreements herein
above and hereinafter contained both on the part of the
Transferor and the Transferees, THE TRANSFEROR hereby
sells, transfers and conveys the said residential Flat No.A-4, 2 nd
Floor, in Sulochana Building INTERCITY CO-OPERATIVE
HOUSING SOCIETY LTD., Plot No.5, Sector-16A, Vashi,
Navi Mumbai 400 703 admeasuring 585 sq.ft in built up, unto
and to the use of the Transferees to have and to hold the same
absolutely for ever from all encumbrances, charges, trusts,
liens, claims, and demands whatsoever.
2. That the Transferor has handed over the necessary NO
OBJECTION CERTIFICATE from the said Society
acknowledging the fact that the said Society have no objection
in the transfer and the sale of the said Flat no.A-4 and the said
share certificate No.5, by the Transferor hereto to the
Transferees on the compliance of the requisite formalities
thereto.
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3. The Transferor hereby confirms, admits and acknowledges receipts
of the entire amount of consideration of Rs.9,90,000/- (Rupees
Nine Lakhs Ninety Thousand only)
towards the sale and transfer of the said residential Flat No.A-4,
of the said society from the Transferees hereto as per the details
given hereunder:
Sr.No. Date Cheque No. Amount Name of the Bank
1. 14.01.2005 920325 50,000/- Abhyudaya Co-op.
Bank Ltd., Vashi
Branch,
2. 14.01.2005 920326 1,50,000/- "
3. 17.10.2005 934349 50,000/- ”
4. 18/11/2005 333141 7,40,000/- by pay order on
Andhra Bank, Vashi Branch,
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TOTAL AMOUNT Rs.9,90,000/-
4. The Transferor hereby declares and undertakes that she will hand
over the actual physical, vacant and peaceful possession of the
said residential flat No.A-4, of the said society's building to the
Transferees along with all original documents pertaining to the
said residential flat on or before 12/12/2005.
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5. The Transferor hereby declares and confirms that all the rents,
rates, taxes, electricity charges, water charges, society charges
and all such other outgoing payable in respect of the said flat up
to the date of handing over the possession shall be cleared and
paid by the Transferor only.
6. The Transferor does hereby declares that she has not created
any mortgage, charge, lien or encumbrances on the said shares
and on the said flat. The Transferor further declares that she
has full power and absolute authority to assign and transfer the
said shares and the right to use and occupy the said flat in
favour of the Transferees free from all claims, encumbrances
and demands. The Transferor hereby declares that she is the
full, absolute real and beneficial owner of the said shares with
the right to use and occupy the said flat and that no one else has
any share, right, title or interest therein and in any manner
whatsoever. The Transferor further declares that the said shares
and the said Flat is not subject to any charge, encumbrances or
liabilities litigation, adverse claim or Lis Pendens and that no
proceedings of any nature whatsoever are pending nor any
notice or requisitions have been made on the Transferor.
7. The Transferor hereby declares that notwithstanding any deed,
matter or things, whatsoever by the Transferor or any person or
persons lawfully or equitably claiming by, from, or through the
Transferor and notwithstanding any act, deed, matter or things
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done, committed or omitted or knowingly or willfully suffered
to the contrary, the Transferor has full and absolute right and
authority to sell convey, transfer and assign the shares and right
in respect of the said flat to the Transferees and to handover the
vacant and peaceful possession of the said Flat No.A-4 and the
said shares to the Transferees. The Transferor further declares
that she has not or had anyone on her behalf done any deed, act,
or omission whereby the Transferor may be prevented from
assigning or transferring the said flat or the said shares. The
Transferor hereby declares that the Transferees on being put in
actual physical vacant and peaceful possession of the said flat,
the Transferees shall and will at all times thereafter peacefully
and equitably use, occupy and possess and enjoy the said flat
and every part thereof without any let, hindrance, interruption,
disturbance, claims or demands in whatsoever forms from or by
the Transferor or for any reason or account whatsoever subject
to the observance and performance of the provisions of the
MCS Act, Rule and Bye-laws of the said society and the local
laws for the time being in force in that behalf.
8. The Transferor doth hereby covenant with the Transferees that
the Transferor shall and will at all times indemnify and keep
indemnified and save harmless the Transferees against all
claims and demands whatsoever in respect of the said property
(i.e. the said residential flat) which is hereby sold and
conveyed and further covenants to make good to the
Transferees and loss, damages, cost or expenses that the
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Transferees may be put to incur or suffer by reason of any
defect flow or deficiency in the title of the Transferees to the
said property or any mistake or deficiency in the extent,
description or other particulars of the said property.
9. The Transferees hereby covenant that they shall become and
remain the members of the said society and shall abide by the
rules and regulations bye - laws, provision of the Maharashtra
Co-operative Societies Act, 1960 and the rules thereunder, and
pay and discharge all calls, demands, contributions and dues to
the society and/or authorised concerned.
10. The Transferees do hereby covenant that they shall occupy and
use the said flat for the purpose of residence only except
otherwise with the written permission of the said society.
11. It is hereby further agreed to that all or any future benefits of
balance Floor Space Index (FSI) if any, pertaining to the said
flat will go to the Transferees hereof and the Transferor shall
not claim any right, interest, benefit or compensation of any
nature on such increased enhanced FSI.
12. It is hereby mutually agreed to that the Transfer charges
payable to the society on this transfer shall be borne equally by
the parties hereto.
13. The Transferor does hereby covenants that the Transferor shall
from time to time at all times whenever called upon by the
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Transferees or their advocates shall execute or cause to be
executed all such other and further deeds, acts, things and
assurances as may be reasonably required by the Transferees
for better or further effectuating and assuring the conveyance
hereby agreed to be made and or more perfectly securing the
interest of the Transferees on the said flat and also in having the
said flat transferred to the name of the Transferees.
SCHEDULE OF PROPERTY
RESIDENTIAL FLAT NO.A-4, IN “A” WING ON THE SECOND
FLOOR IN THE BUILDING KNOWN AS SULOCHANA
BUILDING IN INTERCITY CO - OPERATIVE HOUSING
SOCIETY LTD., COMPRISING OF GROUND PLUS FOUR
UPPER FLOORS, CONSTRUCTED IN THE YEAR 1986
STANDING ON PLOT NO. 5 SITUATED AT SECTOR – 16A,
VASHI NAVI MUMBAI, DIST. THANE ADMEASURING 585 SQ.
FEET IN BUILT UP AREA.
RECEIPT
RECEIVED FROM THE TRANSFEREES HEREOF A SUM OF
RS.9,90,000/- (RUPEES NINE LAKHS NINETY THOUSAND
ONLY) AS PER THE DETAILS GIVEN HERINABOVE
TOWARDS THE FULL AND FINAL CONSIDERATION
AGAINST THE SALE AND TRANSFER OF THE SAID
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RESIDENTIAL FLAT NO.A-4, ON THE SECOND FLOOR, IN
SULOCHANA BUILDING IN INTERCITY CO-OPERATIVE
HOUSING SOCIETY LIMITED, SITUATED AT PLOT NO.5,
SECTOR 16A, VASHI NAVI MUMBAI DIST. THANE,
ADMEASURING 585 SQ.FT. IN BUILT-UP AREA, IN TERMS
OF THESE PRESENTS.
I SAY RECEIVED
MRS. CHERYL DOWLING
(TRANSFEROR)
Witness :
1.
2.
IN WITNESS WHEREOF THE PARTIES hereto have hereunto set
and subscribed their respective hands to this instrument on the day
and year hereinabove mentioned at Mumbai in the presence of the
following witnesses :
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SIGNED AND DELIVERED BY THE )
WITHINNAMED TRANSFEROR )
MRS. CHERYL DOWLING )
in the presence of )
1.
2.
SIGNED AND DELIVERED BY THE )
WITHINNAMED TRANSFEREE )
MR. VIJAYKUMAR OMPRAKASH AGARWAL )
& MRS.SUNITA VIJAY BANSAL ALIAS AGARWAL )
In the presence of )
1.
2.
RECEIPT
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RECEIVED FROM MRS. SUNITA VIJAY BANSAL ALIAS
AGARWAL AND MR. VIJAYKUMAR OMPRAKASH
AGARWAL A SUM OF RS.1,20,000/- (RUPEES ONE LAKH
TWENTY THOUSAND ONLY) VIDE CHEQUE NO. 936440
DATED 25/11/2005 ON ABHYUDAYA CO-OPERATIVE BANK
LTD., VASHI BRANCH TOWARDS THE PART
CONSIDERATION AGAINST THE SALE AND TRANSFER OF
THE RESIDENTIAL FLAT NO.A-3, ON THE SECOND FLOOR,
IN SULOCHANA BUILDING IN INTERCITY CO-OPERATIVE
HOUSING SOCIETY LIMITED, SITUATED AT PLOT NO.5,
SECTOR 16A, VASHI NAVI MUMBAI DIST. THANE,
ADMEASURING 585 SQ.FT. IN BUILT-UP AREA, IN TERMS
OF THESE PRESENTS.
I SAY RECEIVED
MRS. CHERYL DOWLING
(TRANSFEROR)
