SALE AGREEMENT
This SALE AGREEMENT is made at GURGAON (HARYANA) on this day of September
2023
By and Between
Mr. Gaurav Arora S/O Mr. Madan Mohan Arora (Pan No AFLPA6202N &
Aadhar No. 6490 4687 2942) and Mrs. Anjum Arora W/O Mr. Gaurav
Arora (Pan No AFKPC8267J & Aadhar No. 6784 1981 6936) both are R/O
House No-H-40/7, DLF Phase-1, Sikanderpur Ghosi(68) DLF Qe
Farrukhnagar Gurgaon HR-122002. hereinafter collectively referred to as the
Seller (which expression shall unless repugnant to the subject or context mean
and include their legal heirs, successors, and assigns) of the ONE PART.
AND
Mr. Vishal Zutshii S/O Mr. Vinod Kumar Zuthsi (Aadhaar No. 8787 2769
8373 & Pan No.AAFPZ9545E) R/O A-43, Panchvati Apartment, Vikas Puri
Tilak Nagar S.O. West Delhi, Delhi 110018 and Mrs. Jagriti Shivpuri W/O
Mr. Vishal Zutshii (Aadhar No. 7585 7356 7037 & Pan No. BZWPS4244N)
R/O H.No. MA1/3,4C Garden Estate Sikenderpur Ghosi(68) DLF Qe
Farrukhnagar Gurgaon HR-122002 referred to as the Buyer (which
expression shall unless repugnant to the subject or context mean and include his
legal heirs, successors and assigns) of the OTHER PART.
(The above-mentioned parties to this Agreement shall also be collectively referred to as
the “Parties” and individually as the “FIRST PARTY” or “SECOND PARTY”).
WHEREAS:
• The FIRST PARTY is the Absolute Owner and has acquired exclusive rights
in the Plot Unit No. G-P05-03 admeasuring Area of 1 sqft in the Project
known as ‘Birla Navya’ Situated at Sector – 63 A, GURGAON (HARYANA)
(hereinafter referred to as the ‘Property’ for short)
• The FIRST PARTY has not entered into any Agreement to Sell or any deal,
commitment or settlement of any kind whatsoever in relation to the said
Property in favor of any other party till date.
• The SECOND PARTY has approached the FIRST PARTY to acquire by
nomination/ transfer/assignment, in the SECOND PARTY’s favor all the rights, title and
interest of the FIRST PARTY in the said property under the said Apartment Buyer’s
Agreement.
NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER:
• That in pursuance of this AGREEMENT TO SELL, the Total Sale Consideration is
Rs. 2,20,00,000/- (Rupees Two Crore Twenty Lac Only) details of which is hereunder:
Stamp Duty, IFMS and Registration Charges will be paid by the SECOND PARTY.
The FIRST PARTY has paid to the Developer Rs. 37,40,680 (Rupees only) against the cost
of the said property.
• That the SECOND PARTY shall pay to the FIRST PARTY Paid Plus Premium Rs. 41,87,234
(Rupees Only) (Remaining balance payable to the developer will be pay by Second Party) The
SECOND PARTY shall deduct and deposit 1% TDS.
Out of total consideration of Rs. 2,20,00,000/- (Rupees Two Crore Twenty Lac Only)
Cheque / DD
Sl No. No. Date Drawn on Amount (Rs.) Favouring
1 000052 09/09/2022 26/09/2022 1,00,000 Gaurav Arora
2 000053 26/09/2022 28/09/2022 1,00,000 Gaurav Arora
TOTAL
• Outstanding amount as balance to be paid to the developer as per the statement of
accounts Mr. Gaurav Arora and Mrs. Anjum Arora is Rs. 1,82,59,320/- (Rupees One crore
eighty two lac fifty nine thousand three hundred twenty only) which is to be paid by the
SECOND PARTY directly to the Developer on the day of transfer of the said property.
• That, on the date of transfer (not later than Dec 10, 2022), the FIRST PARTY shall provide all the
original documents pertaining to the said PROPERTY issued by the Developer confirming the
allotment in the name of the FIRST PARTY along with all original Payment Receipts, Buyer’s
Agreement and any other documents if any confirming ownership and title and full payments
made to the Developer.
• That the FIRST PARTY shall pay Delayed Interest Charges, of the Developer till the date of
transfer, in respect of the said property under sale.
• That the FIRST PARTY shall pay Transfer Charges on the date of the Transfer in respect of the
said PROPERTY.
• That the FIRST PARTY hereby also assures the SECOND PARTY that the said property hereby
conveyed is of their absolute ownership and that this agreement to sell is executed in all its
entirety and the same is free from all sorts of encumbrances such as sale, gift, exchange, court
injunction etc., prior to this and if it is proved otherwise then the FIRST PARTY shall be liable to
make good any losses suffered by the SECOND PARTY due to aforesaid reasons to keep the
Second Party indemnified against all losses, costs, damages and expenses accruing
thereby to the SECOND PARTY in this connection till the date of transfer. In the aforesaid
event of any default by the FIRST PARTY, the FIRST PARTY shall also refund to the SECOND
PARTY the amount paid as mentioned above in clause 2 and any other losses, costs, damages
and expenses incurred by the SECOND PARTY. Losses, expenses and damages shall be
ascertained by the SECOND PARTY.
• As per provisions of the Income Tax Act, the Second Party shall deduct TDS 1% from the
payment made to the First Party and shall deposit the Tax so deducted to the concerned
department and the Second Party hereby confirms to issue the FORM 26QB or TDS Certificate
for the same amount as deducted. FISRT PARTY has confirmed that all individuals mentioned as
FIRST PARTY are resident of India as on the date of agreement and hence TDS is to be deducted
@ 1% as specified under the Income Tax Act, 1961.
• That this Agreement is irrevocable, non cancellable and binding on both the Parties and their
respective heirs and successors.
• That the FIRST PARTY physically along with the entire original document shall be present in the
office of the developer (not later than ________________________2022) to get the property transfer in
name of the SECOND PARTY. If the FIRST PARTY is unable to provide relevant documents for
the purpose of transfer of property by the said date, the FIRST PARTY shall be liable to refund
the amount paid by the SECOND PARTY wide clause 2 of the agreement along with applicable
costs, damages and expenses as incurred by the SECOND PARTY.
• That upon the DEVELOPER agreeing to transfer the allotment in favor of the SECOND PARTY,
the SECOND PARTY shall be responsible for making payment of all the future installments and
charges as given in the PAYMENT PLAN once the SAID PROPERTY has been transferred by the
DEVELOPER to the SECOND PARTY.
• If any dispute arises in between the parties the same shall be referred to the court having
jurisdiction in GURGAON, Haryana.
• If either one of the FIRST PARTY is not available at the time of transfer, the FIRST PARTY shall
arrange for a special power of attorney (SPA) to his / her blood relation for the purpose of
transfer of the property to the SECOND PARTY.
• That the Both Parties will pay a commission of 1% each to Mega Realty after successful completion
of transition between both Parties.
IN WITNESS WHEREOF the Parties hereto have signed this AGREEMENT TO SELL on the day,
month and year first above written, in the presence of the following witnesses.
WITNESSES:
EXECUTANT/S
1.
Authorized
Signatory
(VENDOR
)
2.
Authorized
Signatory
(VENDEE)