1
AGREEMENT FOR SALE
of
Flat No. 302, on 3rd Floor, B-Wing, in the building known as “DHANASHREE”
and society known as “Dhanashree Co-operative Housing Society Limited”,
being constructed on land bearing Plot No. 146, Sector – 13, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about
252.70 Sq.Ft Carpet area ( 23.48 Sq.Mtrs Carpet Area).
Sale Price: Rs.30,32,000/-
(Rupees Thirty Lakhs Thirty Two Thousand Only)
Carpet Area : 23.48 Sq. Mtrs.
Building Type : G+4 Upper Floors
Stamp Duty : Rs.2,12,240/-
Registration Charges: Rs. 30,000/-
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
2
AGREEMENT FOR SALE (PART AGREEMENT)
THIS AGREEMENT FOR SALE (FIRST AGREEMENT/ PART PAYMENT
AGREEMENT) is made and entered into at Panvel this ……. day of
April, 2023.
BETWEEN
MR. SHRIKANT MOHANRAO PATIL Age …… years, adult, having (Pan
NO. AXLPP6599D) & (Aadhar No. 3244 5565 2455) & MRS. MONIKA
SHRIKANT PATIL Age …… years, adult, having (PAN NO. BOHPM5769Q)
& (Aadhar No. 9454 0315 2390), Indian inhabitant, residing at Flat No. 302,
on 3rd Floor, B-Wing, in the building and society known as “Dhanashree Co-
operative Housing Society Limited”, Plot No. 146, Sector – 13, Kharghar,
Navi Mumbai, Tal- Panvel, Dist-Raigad 410210 hereinafter called and
referred to as the “TRANSFERORS/SELLERS” (which expression shall,
unless repugnant to the context or meaning thereof be deemed to include
his legal heirs, executors, assignees and administrators) of the ONE PART.
AND
MR. AASHISH MANSUKHLAL JANI, Age ……. years, adult, having (Pan
NO. ALIPJ1320P) & (Aadhar No. 2750 1477 1557 ) & MRS. HEENA
AASHISH JANI NEE HEENA KANAIYALAL JOSHI, Age……..years, adult,
having (Pan NO. AHJPJ4305K) & (Aadhar No. 3661 1890 6881) both are
Indian inhabitants, residing at FLAT NO.2505, B-WING, 25TH FLOOR,
SHREEJI VILLA CHS LTD, T.H KANTARIA MARG, OPP-GANGA VIHAR
HOTEL, MATUNGA WEST, MAHIM, MUMBAI-400016 hereinafter called and
referred to as the “TRANSFEREES/PURCHASERS” (which expression
shall, unless repugnant to the context or meaning thereof be deemed to
include their respective legal heirs, executors, assignees and administrators)
of the OTHER PART.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
3
WHEREAS the City and Industrial Development Corporation of
Maharashtra Limited, a government company within the meaning of the
Companies Act, 1956 (hereinafter referred to as ‘the Corporation / CIDCO
Ltd.’) having its Registered Office at ‘Nirmal’, 2nd floor, Nariman Point, Mumbai
– 400021, is the New Town Development Authority, under the provision of
subsection (3A) of Section-113 of The Maharashtra Regional and Town
Planning Act, 1966 (Maharashtra Act No. XXXVIII of 1966) hereinafter
referred to as the said Act.
AND WHEREAS the State Government has acquired lands within the
designated area of Navi Mumbai and vested the same in the Corporation by
an order duly made on that behalf as per provision of Section 113 of the Act.
AND WHEREAS Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata
Jawahar Sachdev, Shr. Anil Ramchandra Sachdev were seized off and/or
otherwise well and sufficiently entitled to all that piece and parcel of land lying
and situated at Village- Kharghar, Taluka-Panvel, Raigad being Plot no.146,
at Sector-13, area admeasuring 750 Sq. Mtrs within Limits of Cidco.
AND WHEREAS the said Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata
Jawahar Sachdev, Shr. Anil Ramchandra Sachdev have been allotted the
said plot by CIDCO under 12.50% Scheme vide Allotment Letter Ref No.
CIDCO/LAND/18/12.5%/Kharghar/528/2002 dated 13/05/2002.
AND WHEREAS by an Agreement to Lease dated 26th day of November,
2002 made at CBD – Belapur Navi Mumbai, between the Corporation of the
ONE PART and Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata Jawahar
Sachdev, Shr. Anil Ramchandra Sachdev through his POA Shri. Jawahar
Ramchandra Sachdev therein referred to as “the Original Licensees” of the
OTHER PART (thereinafter for the sake of brevity referred to as “said
Agreement to Lease”) the said Corporation agreed to grant to the Original
Licensees under 12.5% Gaothan Expansion Scheme (GES) a Lease of all
that piece or parcel of land being Plot No.146, in Sector No.13, Kharghar, Navi
Mumbai, admeasuring 750.00 sq.mtrs for Residential Purpose. The said
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
4
Agreement duly stamped and registered in the office of Uran (Panvel-2),
having registration no. URAN-8599-2002 dated 29/11/2002.
WHEREAS the said Original Licensees relinquished, released and transferred
all their development rights, titles, benefits, interests, in favour of M/s. SHREE
SHASHWAT CONSTRUCTIONS (referred to as “the New Licensees”) under
the Development Agreement executed on 29/11/2003 between the M/s.
SHREE SHASHWAT CONSTRUCTIONS and Shri. Jawahar Ramchandra
Sachdev, Smt. Hemlata Jawahar Sachdev, Shr. Anil Ramchandra Sachdev
through his POA Shri. Jawahar Ramchandra Sachdev, the Original Licensees
for the said Plot no. 146. The said Development Agreement duly stamped and
registered on 29/11/2003 at Sub-Registrar Uran (Panvel 2), having
Registration No. URAN-8602-2003 dated 29/11/2003. Whereas the
Corporation has issued a Transfer Order by their Letter No.
CIDCO/VASAHAT/ANA/SATYO/KHARGHAR-61/2004 dated 04/11/2004 in
favour of the New Licensees for the Plot No.146, in Sector No.13, Kharghar,
Navi Mumbai.
WHEREAS In pursuance of the said Development Agreement dated
29/11/2003, M/s. SHREE SHASHWAT CONSTRUCTIONS, the Developers
are fully entitled to develop the said plot and to construct the building thereon
for Residential purpose in accordance with the said Agreement.
WHEREAS The Plans, designs and specifications for construction of the
building on the said plot approved by the Corporation and other concerned
authorities in respect thereof.
WHEREAS the CIDCO Ltd. by its Commencement Certificate no.
CIDCO:EE(BP)/ATPO/1168 dated 04/03/2003 granted its permission to
commence the construction work on the said plot subject to the terms and
conditions as contained therein.
WHEREAS The Building Being constructed on the said plot shall be known
as “DHANASHREE”.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
5
WHEREAS The Developer alone had the sole and exclusive right to sell the
shop / flat in the said building to be constructed on the said plot and thereon
to enter into agreement with the purchaser’s of the said shop/flat etc and to
receive the sale price in respect thereof.
WHEREAS SHRI. SANTOSH M. RANE & MRS. TRUPTI SANTOSH RANE
had jointly purchased Flat No. 302, on 3rd Floor, B-Wing, in the building
known as “DHANASHREE” and society known as “Dhanashree Co-
operative Housing Society Limited”, being constructed on land bearing Plot
No. 146, Sector – 13, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad
410210, with area admeasuring about 252.70 Sq.Ft Carpet area ( 23.48
Sq.Mtrs Carpet Area) (hereinafter referred as “THE SAID FLAT”) from M/s.
SHREE SHASHWAT CONSTRUCTIONS vide Agreement For Sale dated
25th February, 2004, which was duly registered at sub registrar office of Uran
(Panvel-2), on dt: 03/03/2005 vide Document No. URAN/02223/2005 vide
Receipt No. 2222.
WHEREAS the said Developers constructed building thereon for residential
cum commercial purpose on the said Plot of land and thereafter CIDCO Ltd.
issued Occupancy Certificate bearing No. CIDCO/BP/SP/440 dated
16/04/2004.
WHEREAS pursuant to application made by purchasers of units in the
building constructed by the Developers on the said plot for the formation of
Co-operative Housing Society under Maharashtra Co-operative Societies
Act, 1960, the Joint Registrar, Co-operative Societies (CIDCO), Navi
Mumbai registered M/S. DHANASHREE CO-OPERATIVE HOUSING
SOCIETY LTD. under Registration no.
N.B.O.M./CIDCO/HSG(O.H)/2290/JTR/2006-2007 on 17/07/2006 as Co-
operative Housing Society under Maharashtra Co-operative Societies Act,
1960.
WHEREAS Pursuant to Society registration, Conveyance Deed (Deed of
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
6
Assignment) was made and entered at Panvel dated 30/12/2009 between
Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata Jawahar Sachdev, Shr.
Anil Ramchandra Sachdev through his POA Shri. Jawahar Ramchandra
Sachdev and M/S. DHANASHREE SANKUL CO-OPERATIVE HSG
SOCIETY LTD., and was duly registered under serial no. PVL1-00028-2010
dated 02/01/2010 under receipt no 29.
WHEREAS the Corporation has Issued a Final Transfer Order by their Letter
no. CIDCO/VASAHAT/SATYO/KHARGHAR/ 528 /2011 dated 16/11/2011 in
favour of “M/S. DHANASHREE CHS LTD” (hereinafter referred to as “the
Society”), Plot no.146, Sector-13, Kharghar, Navi Mumbai as the New
Licensee for said plot.
WHEREAS the Society issued Share Certificate No. 34 of 10 fully paid up
shares of Rs.50/- each having distinctive numbers from 331 to 340 in the
name of MR. MAHENDRA VASANT SONAVANE who is second owner
of said flat dated 26.02.2012 in respect to said FLAT and hence it was duly
endorsed by them.
WHEREAS MR. MAHENDRA VASANT SONAVANE had purchased Flat
No. 302, on 3rd Floor, B-Wing, in the building known as “DHANASHREE”
and society known as “Dhanashree Co-operative Housing Society Limited”,
being constructed on land bearing Plot No. 146, Sector – 13, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about
252.70 Sq.Ft Carpet area ( 23.48 Sq.Mtrs Carpet Area) (hereinafter referred
as “THE SAID FLAT”) from SHRI. SANTOSH M. RANE & MRS. TRUPTI
SANTOSH RANE vide Agreement For Sale dated 8th September, 2011,
which was duly registered at sub registrar office of Uran (Panvel-2), on dt:
08/09/2011 vide Document No. URAN/08176/2011 vide Receipt No. 8290 &
vide SALE DEED dated 23/06/2013 which was duly registered at sub
registrar office of Panvel-5, on dt: 23/06/2013 vide Document No. PVL-
5/3323/2013 vide Receipt No. 3461.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
7
WHEREAS MR. SHRIKANT MOHANRAO PATIL & MRS. MONIKA
SHRIKANT PATIL had purchased Flat No. 302, on 3rd Floor, B-Wing, in the
building known as “DHANASHREE” and society known as “Dhanashree Co-
operative Housing Society Limited”, being constructed on land bearing Plot
No. 146, Sector – 13, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad
410210, with area admeasuring about 252.70 Sq.Ft Carpet area ( 23.48
Sq.Mtrs Carpet Area) (hereinafter referred as “THE SAID FLAT”) from MR.
MAHENDRA VASANT SONAVANE vide SALE DEED dated 14/02/2018
which was duly registered at sub registrar office of Panvel-3, on dt:
14/02/2018 vide Document No. PVL-3/1313/2018 vide Receipt No. 1632.
WHEREAS Cidco by its Letter ref no.
CIDCO/VASAHAT/SATYO/KHARGHAR/528/2018/23812 dated 22/02/2018
issued Final Order in name of Seller herein.
WHEREAS the Transferors/Sellers is the absolute allotee / owner of the said
share certificate and in possession of property/flat mentioned in schedule
II and also is fully seized and possessed of the necessary document relating
thereto and further entitled to transfer and assign of their full rights title and
interest in respect of the said flat to and in favor of the transferee for valuable
consideration as agreed herein in these presents.
AND WHEREAS the Transferors have represented to the Purchasers that
they have been holding the above said Flat on ownership basis and are
desirous of transferring their/his right, tittle and interest in the said Flat. The
final Sale Deed will be prepared and executed at the time of making balance
full and final payment as per terms and condition mentioned below;
AND WHEREAS The Transferees herein have approached the Transferors
for the purchase of the said Flat along with said shares, along with his right
in respect of the said flat, including right to purchase and as a member of
the said Co-op. Housing Society Ltd.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
8
AND WHEREAS The Transferors has agreed to sell all his right, title and
interest in the said Flat along with said shares and furniture and fixture
attached thereto (the list of the same is attached separately) to the
Transferees herein for a total consideration of Sale Price: Rs.30,32,000/-
(Rupees Thirty Lakhs Thirty Two Thousand Only) and on the terms and
condition hereinafter appearing
a)
Date Transaction Details Amount
17/04/2023 Rupees Fifty-One Thousand only paid Rs.51,000/-
vide Cheque bearing no. 871903
drawn on SVC Co-operative Bank Ltd
Borivli (E) Branch in favour of MR.
SHRIKANT MOHANRAO PATIL
26/04/2023 Rupees Sixteen Lakhs paid vide Rs. 16,00,000/-
cheque bearing no. 000002 drawn on
HDFC Bank Dadar West Branch in
favour of MR. SHRIKANT
MOHANRAO PATIL
Total Rs.16,51,000/-
b) The Transferees/Purchasers shall pay to the Transferors/Sellers the
balance sum of Rs. 13,81,000/- (Rupees Thirteen Lakhs Eighty One
Thousand Only) by raising loan from any Bank/Branch and/or by
personal fund which is expected to be completed within 60 working
days from the date of execution of this Agreement for Sale or such
extended time as mutually agreed between the Transferors/Sellers and
the Transferees/Purchasers and/or after receiving Transfer NOC &
Mortgage NOC from Cidco Ltd.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
9
NOW THIS AGREEMENT TO SELL (FIRST AGREEMENT / PART
PAYMENT AGREEMENT) WITNESS AS FOLLOWS:
1. The recital mentioned above herein and terms and condition mentioned
below herein are to be treated as an integral part of this Agreement, and
the Transferors/Sellers hereby confirms all the above representations
made to the Transferees/Purchasers as true and correct.
2. The Transferors hereby represents and covenant with the Transferees as
follows: -
a. That the Transferors has duly pay and discharged in full all the
dues and liabilities in respect of the said flat including the Property
Tax , CIDCO Tax, Municipal outgoings, taxes, rates, Society
maintenance charges or any Dues , cable charges, electricity
charges etc. payable to the said society up to the date hereof and
the Transferors shall pay all the dues till the date the possession
of the said flat is given to the Transferees. That Transferors agrees
and undertakes that if any retrospective tax / Property tax,
Electricity Bills/Arrears, CIDCO taxes, Phone Bills, Society
Maintenance Charges or Dues , Cable Charges , regarding the
said flat is charged by any department regarding the said flat, the
Transferors will pay the same or reimburse the same to the
Transferees for the period till the Transferors was in occupation of
the said flat i.e. till the execution and registration of the final sale
deed.
b. That the Transferors is the sole and absolute owner of the said flat
and the said shares duly standing in the names of the Transferors
in the books and all other records of the said society and the
Transferors is absolutely entitled to the same and to all incidental
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
10
rights thereto and to exclusive rights to the use, enjoyment and
occupation of the said Flat and except the Transferors no other
person or persons have any right, title, interest, claim or demand
of any nature whatsoever unto or upon the said premises;
c. That neither the Transferors nor any one on his behalf has
committed or omitted to do any act, deed, matter or thing whereby
his holding of the said shares and incidental rights thereto
including the right to the peaceful use, occupation, ownership and
enjoyment of the said flat and other rights and benefits in respect
thereof may become or may be prejudicially affected or
encumbered in any manner or whereby the said shares and his
other right, title and interest therein may become liable to
attachment and/or sale whether by a decree or order of the
Competent Court or otherwise;
d. That the Transferors has not created or purported to create any
tenancy, license, charge, lease, lien or any kind of third party rights
over the said flat and the said shares and no other person or party
have any right, title or interest, claim or demand in to or upon the
same either by way of mortgage, gift, trust, inheritance, lease or
otherwise and that the same are free from all encumbrances and
there is no pending litigation of any kind whatsoever and further
that the Transferors shall so long as this agreement is valid, not
enter into any agreement/writing with any third party or any person
for sale, mortgage or exchange or for creating any rights of
whatsoever nature in respect of the said flat and the said shares;
e. That as on date the title of Transferors/ Seller over the said Flat is
free and marketable and no other person except the Transferors
/Sellers have any right ,claim or demand of the said Flat (subject
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
11
to loan pendency).
f. The Transferors/Sellers do hereby covenant that there are no
suits, litigations or any proceedings pending thereby affecting
interest and rights of Transferors and /or Transferees over the said
Flat and shares.
g. The Transferors/Sellers covenants with the
Transferees/Purchasers that they shall not do any act, deed or
thing creating any charge, lien or encumbrance in respect of the
Schedule Property during the subsistence of this Agreement.
h. That the Transferees on payment of the entire consideration
amount to the Transferors & after the execution and registration of
the final sale deed, shall be entitled to peacefully and quietly
hold and own the said flat and the said shares and all incidental
rights thereto including the right to enter upon and remain in sole
occupation and enjoyment of the said flat and/or any part thereof
in the Transferees own right without any interference disturbance,
interruption, claim or demand whatsoever from the Transferors,
his heirs and/or any person or persons lawfully and equitably
claiming by from, though, under or in trust for the Transferors;
i. That the Transferors has duly complied with observed performed
with all the Rules, Regulations and Bye-Laws of the said Society
and that the Transferors has neither received any notice from the
said Society for or in relation to any breach of any of the Rules,
Regulations and Bye-laws of the said Society nor are there any
actions or proceedings pending against the Transferors instituted
by the said Society or by any member of the said society in
respect of the said flat and the said shares including any notice
or action for expulsion or termination of the Transferors as the
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
12
member of the said society;
j. That the Transferors has not received any notice for acquisition or
requisition of the said flat and/or the said shares from any Court or
government or competent authority.
k. The Transferors/Sellers hereby assure the
Transferees/Purchasers that they have absolute power to convey
the same and there are no encumbrances, liens, charges,
Government dues, attachments, acquisitions , or requisition,
proceedings (subject to loan pendency).
l. That the Transferors herein doth hereby indemnifies and keep
indemnified the Transferees against any defect in title, omission,
or mischief of any person wrongfully claiming any right, title or
beneficial interest in the said flat and/or the said shares or
compensation, claim, demand, fines, penalties, costs, charges
and expenses or any other liabilities whatsoever made or bought,
against or incurred, suffered, levied or imposed pursuant to the
transfer thereof under the terms of this Agreement and/or by
reason or by virtue of the non-performance and non- observance
of any of the terms and conditions of the Agreement, covenants
and provisions by the Transferors.
m. The Transferors/Sellers declare that they shall handover all the
Original Documents, receipts etc to the Transferees /Purchasers
or directly to the Bank from where the Transferees/Purchasers
have raised loan which are required for the disbursement of the
loan in respect of the said premises.
n. The Transferors/ Seller undertake to indemnify and keep
indemnified the Transferees/Purchasers for any past liablity or
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
13
default on the part of the Transferors / Sellers and shall also
provide No Dues Certificate from his Bank for outstanding loan.
o. The Transferees/Purchasers shall have the right to nominate or
assign their right under this agreement to any person/persons of
his/her choice and the Transferors/Sellers shall execute the Sale
Deed as per terms and conditions of this Agreement for Sale in
favour of the Transferees/ Purchasers or his nominee or assignee.
p. It is hereby expressly provided and agreed by the parties hereto
that both parties are entitled to force specific performance of the
agreement against each other in case of breach of any conditions
mentioned in this agreement.
3. The Transferors hereby agrees to grant, assign, transfer and assure all
his right, title and interest in the said flat along with said shares in favour
of the Transferees.
4. The Transferors has agreed to hand over the physical possession of the
said flat to Transferees after receiving the full and final payment and after
the execution & registration of the final Sale Deed.
5. The Transferors hereby agrees that he will execute or cause to be
executed any other agreement, deeds, documents or writings in
consonance with this Agreement To Sell (First Agreement/ Part Payment
Agreement) if required for absolute transfer of the said flat and said shares
in favour of the Transferees after receiving the full and final payment and
execution & registration of final Sale Deed.
6. The Transferors hereby agrees that upon receiving full and final payment
and execution & registration of final Sale Deed, he agrees to execute or
cause to be executed and hand over the transfer forms and all documents
and writings as may be required under the Maharashtra Co- operative
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
14
Society Act, 1960. The Maharashtra Co-operative Societies Rules, 1961
and the bye-laws of the said Society for the effectual transfer of the said
flat and said shares with all deposits and meters in respect of the said flat
and said shares to the name of the Transferees.
7. Upon receiving the final payment and execution & registration of final Sale
Deed, the Transferors hereby agrees to execute and hand over to the
Transferees and / or to the said Society a letter addressed to the said
Society requesting them to transfer the said flat and the said shares
together with deposits if any standing in the name of Transferors to the
name of the Transferees.
8. The Transferors hereby agrees to execute and help in transferring name
in MSEB, Mahanagar Gas authority, CIDCO, Panvel Municipal
Corporation etc., which are standing in the name of / to the credit of the
Transferors.
9. The Transferors further hereby agrees and undertake that after receipt of
the payment and execution & registration of final Sale Deed as agreed
hereinabove, he will from time to time and at all times hereafter and at
the request and cost of the Transferees herein or his successors, assigns
or counsel in law, the Transferors shall do and execute and / or procure
or cause to be done, executed or procured all documents and such deeds
and writings whatsoever for the assurance in law and better and more
perfectly transferring the right, title, interest and benefit in the said flat and
every part thereof and the said shares to the use and benefit of the
Transferees as aforesaid.
10. After making the full and final payment and execution & registration of final
Sale Deed as agreed, the Transferees are entitled to have and hold the
said flat and the shares, together with all deposits and amounts lying to
the credit of the Transferors in the said Society’s account, for, unto and
to the use and benefit of the Transferees, their successors and assigns
forever and without any lien, charge, interest, demand or claim of
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
15
whatsoever nature from the Transferors or any person or person claiming
through him.
11. On execution of this Agreement and upon receipt of full and final payment
and execution & registration of final Sale Deed, as aforesaid the
Transferees are entitled to apply to the membership of the said Society
and for the transfer of the said flat and to get the shares transfer in their
name. The Transferors hereby agrees to sign and execute all such
forms, documents or writings as may be required for the said purpose as
and when required.
12. The Transferees shall pay to the said Society and all concerned
authorities the monthly out goings and all other dues in respect of the said
flat from the date of handing over the possession to him.
13. The Transferees hereby covenant with the Transferors as follows: -
a. That the Transferees, as after receiving the possession
regularly pay to the said Society and all concerned
authorities the monthly out goings and all dues payable
in respect of the said flat, and said shares.
b. That the Transferees shall observe and perform and abide
by the bye- laws, rules and regulations of the said Society
from time to time in force.
c. The transfer charges payable to the said Society in respect
of the transfer of the said flat and shares to the name of the
Transferees shall be shared by the Transferors and
Transferee jointly and equally.
d. The stamp duty and registration charges, if any, on all
documents pertaining to the sale and all other expenses of
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
16
and / or relating to the sale shall be borne and paid by the
Transferees alone save and except that each party shall
bear and pay the fees of their respective Advocates.
15. Termination Clause:
A] Notwithstanding all the terms & conditions of this agreement
to sell if the Transferors unilaterally withdraws from this
transaction then in such event the Transferors has to inform
the Transferees about his intention by serving a 30 days
advance notice communicating his intention to withdraw and
will further refund to the Transferees all the money ie token
amount and Earnest Amount received from the Transferees
along with interest @ 12% per annum from the due date of
payment till the date of realization.
B] If the Transferees unilaterally withdraws from this
transaction due to non sanctioning of home loan because of
not getting relevant documents from the Transferors then in
such event the transferees has to inform the Transferors about
their intention by serving a 30 days advance notice
communicating their intention to withdraw and the Transferors
will refund the Transferees all the money i.e. token amount and
Earnest Amount received from the Transferees along with
interest @ 12% per annum from the due date of payment till
the date of realization.
C] If the Transferees unilaterally withdraws due to any other
reason Transferees are entitled to refund from the Transferors
of only money ie token amount and Earnest Amount paid to
the Transferors without any interest.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
17
D] Further the Transferors will cooperate and co-ordinate with
the Transferees jointly and equally bear all the expenses for
refund of Registration charges & Stamp Duty from the
competent authority in case of cancellation of deal midway.
16. Force Majeure: In the event of any Force Majeure conditions like Act
of God, Pandemic, Epidemic, Fire, Earthquake , Explosion, War , Extra
ordinary weather conditions, unfavourable government policy or any other
situation which is beyond the control of either parties then both parties will
have an option of extending the date for Final Registration of the Sale Deed
or Cancelling the Agreement for Sell and in that event the Transferees are
entitled to the refund of amounts paid along with stamp duty & registration
charges.
17. It is hereby expressly provided and agreed by the parties hereto that
both parties are entitled to enforce specific performance of the agreement
against each other in case of breach of any conditions mentioned in this
Agreement.
18. Time is the Essence of Contract for both the parties.
19. All the notices to be served on “the Transferees/Purchasers” as
contemplated by this Agreement shall be deemed to have been duly served
if sent to “the Transferees/Purchasers” by registered post or under
certificate of posting at their address as specified above in title.
20. This Agreement shall always be subject to the provisions contained in
the Maharashtra Ownership Flats Act. 1963 and the Maharashtra
Ownership Flats Rules. 1964 and/or as amended up to date or any other
provisions of Law applicable thereto.
21. This Agreement is in accordance with the provisions of the Indian
Contract Act, the Transfer of Property Act and other applicable laws.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
18
22. The Transferors shall attend the office of the Sub-Registrar at Panvel,
Navi Mumbai and admit the execution of these present lodges and/or to be
lodged for the registration by the Transferees.
23. That the transaction has taken place at Kharghar, Navi Mumbai, Taluka-
Panvel, Dist-Raigad and as such, Panvel, Navi Mumbai Courts shall have
exclusive jurisdiction to entertain any dispute arising out or in any way
touching or concerning this deed.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
19
FIRST SCHEDULE OF PROPERTY
All that the piece or parcel of land known as Plot No.146, in Village: Kharghar,
Sector-13 of 12.5% GES Scheme, containing by admeasuring 750.00 sq.mtrs.
of thereabout and boundaries of the said Plot No.146 are as follows :-
THAT IS TO SAY:-
ON THE NORTH BY : Plot No.149
ON THE SOUTH BY : 7.0 Mtr. Wide Road
ON THE EAST BY : 11.0 Mtr. Wide Road
ON THE WEST BY : Plot No.147
SECOND SCHEDULE OF THE PROPERTY/FLAT
Flat No. 302, on 3rd Floor, B-Wing, in the building known as “DHANASHREE” and
society known as “Dhanashree Co-operative Housing Society Limited”, being
constructed on land bearing Plot No. 146, Sector – 13, Kharghar, Navi Mumbai,
Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 252.70 Sq.Ft
Carpet area ( 23.48 Sq.Mtrs Carpet Area)
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
20
IN WITNESS WHEREOF, the parties, hereto have set their respective hands on
the date, month and year herein above first mentioned in the presence of the
following witnesses.
SIGNED AND DELIVERY BY THE
WITHIN NAMED “TRANSFERORS/SELLERS
MR. SHRIKANT MOHANRAO PATIL ………………..
MRS. MONIKA SHRIKANT PATIL ..…..…………..
SIGNED AND DELIVERY BY THE
WITHIN NAMED “TRANSFEREES/PURCHASERS”
MR. AASHISH MANSUKHLAL JANI ………………..
MRS. HEENA AASHISH JANI
NEE HEENA KANAIYALAL JOSHI ………………..
In the presence of………………
1………………………………….
2………………………………….
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2
21
RECEIPT
RECEIVED the sum of Rs. 16,51,000/- (Rupees Sixteen Lakhs Fifty One Thousand only) from, the
Transferees above named, as part payment against the total sale price of Rs.30,32,000/- (Rupees Thirty
Lakhs Thirty Two Thousand Only) in respect of transfer of membership rights Flat No. 302, on 3rd Floor,
B-Wing, in the building known as “DHANASHREE” and society known as “Dhanashree Co-operative
Housing Society Limited”, being constructed on land bearing Plot No. 146, Sector – 13, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 252.70 Sq.Ft Carpet area ( 23.48
Sq.Mtrs Carpet Area).
MODE OF PAYMENT
Date Transaction Details Amount
17/04/2023 Rupees Fifty-One Thousand only paid vide Cheque bearing no. Rs.51,000/-
871903 drawn on SVC Co-operative Bank Ltd Borivli (E) Branch in
favour of MR. SHRIKANT MOHANRAO PATIL
26/04/2023 Rupees Sixteen Lakhs paid vide cheque bearing no. 000002 drawn Rs. 16,00,000/-
on HDFC Bank Dadar West Branch in favour of MR. SHRIKANT
MOHANRAO PATIL
Total Rs.16,51,000/-
We say received
Rs. 16,51,000/-
(Rupees Sixteen Lakhs Fifty-One Thousand only)
MR. SHRIKANT MOHANRAO PATIL
MRS. MONIKA SHRIKANT PATIL
Witnesses;
1.
2.
SELLER-1 SELLER-2 PURCHASER-1 PURCHASER-2