Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

SALE DEED

The Agreement to Sale is executed at New Delhi on 26/08/2021.

Between

Mr. Shashank Anand S/o Mr. Rakesh Anand, aged about , holding PAN NPLII8009 R/o C5B
Upper Ground Floor, Malviya Nagar, New Delhi, hereinafter referred as First Party.

AND

Ms. Anjana Sharma D/o Mr. Mukesh Sharma, aged about 29 years holding PAN MJPOO1234
R/o 4/74, Raebareli, Uttar Pradesh, presently at New Delhi, hereinafter referred as Second party.

WHEREAS the First Party is the absolute owner, in possession and enjoyment of the piece and
parcel of the property C-5A, Malviya Nagar, New Delhi, having 4 Bedroom, 1 Hall, 1 Kitchen,
slit parking space of 4 cars and 1 full elevator access.

AND WHEREAS it is agreed that the First Party shall sell the said property and the Second
Party shall purchase the said property for a sum of Rs. 2,00,00,000/- (Rupees Two crores only)
free of all encumbrances.

NOW THIS DEED OF ABSOLUTE SALE WITNESSETH AS UNDER:

The price of property by the mutual agreement between the First Party and Second Party have
been fixed at Rs. 2,00,00,000/- (Rupees Two crores only) free of all encumbrances.

1. The First Party and 2nd Party have mutually agreed to bear the charges of the brokerage
and the Stamp duty into equal shares 50% each.
2. The Second Party has paid the earnest money (Bayana) of Rs, 10,00,000/- (Rupees ten
lakh only) in two installments of Rs. 5,00,000/- each (Rupees Five lakh only) for the
purchase of the said property.
3. The First Party acknowledges the receipt of payment of the first installment of the earnest
money for a sum of Rs. 5,00,000/- (Rupees Five Lakh Only) on the 15th Day of August,
Two Thousand Twenty-One, (15/08/2021), however as the Second Party failed to pay the
second installment of the earnest money as promised on 21st day of August, Two

1
Thousand Twenty-One (21/08/2021), the First party has drawn the required payment
from the Post-Dated Cheque no. 692091 of IBFC Bank issued by the Second Party for the
purpose of payment of the second instalment in a condition of default from the Second
Party on the said date.
4. The First Party admits and acknowledges the receipt of full payment of earnest money
(bayana) for a sum of Rs. 10,00,000/- (Rupees ten lakh only) on 23rd day of August Two
Thousand Twenty-One.
5. The First party admits and acknowledges the receipt of payment of Rs. 1,50,00,000/-
(Rupees One Crore Fifty Lakhs Only) vide cheque no. 4536271 dated 25th day of August
Two Thousand Twenty-One (25/08/2021), the amount remaining on the said date is Rs.
40,00,000 (Rupees Forty Lakh Only).
6. The Second Party agrees and acknowledges the remaining amount of Rs. 40,00,000/-
(Rupees Forty Lakh Only) which will be paid by her in cash within 15 days of this
agreement of absolute sale.
7. The First party agrees that he will deliver vacant possession of the property to the
Second Party before the registration of the sale deed or will put the second party in
constructive possession of the property by causing the tenants in occupation of the
property.
8. The Second Party admits and acknowledges the condition that the roof of the said
property will remain in possession, ownership and titleship of the First Party and she and
her family will only have rights to enjoy roof rights.
9. the First Party agrees and acknowledges that the Second Party will have the absolute right
to construct anything on her floor as per the rules and regulations as per the SDMC
10. The First party admits and acknowledges the possession, ownership and titleship of 4 slit
parking spaces of the Second Party in the premises of the said property.
11. The First Party agrees to provide No Objection Certificate of the bank for the said
property to the Second Party within 30 days from the date of this agreement.
12. If by reason of Force Majure where the Second Party is not able to complete the
remaining payment the First party will return the 90% of the payment made by the
Second Party.

2
13. If by reason of Force Majure the First Party is not able to deliver the possession of said
premises to the Second Party the First party agrees to return the complete amount given
by the Second Party for the said consideration along with an interest of 18% per annum.
14. Nothing contained in paragraph 13 and 14 above shall prejudice the rights of the parties
hereto specific performance of this agreement of sale/purchase.
15. In case of any dispute arising out of this agreement the party mutually agrees to amicably
resolve the dispute through negotiation and on failure of which, within 30 days the party
agrees to submit the matter in Arbitration under the Arbitration and Conciliation Act,
1996.
16. Each Party shall mutually agree to appoint the sole arbitrator, and shall use reasonably in
good faith efforts to reach such agreement, failing which such sole arbitrator shall be
appointed in accordance with the Arbitration and Conciliation Act, 1996. The venue of
the arbitration shall be New Delhi only. The language of the Arbitration will be English.
Notwithstanding the foregoing, before the appointment of the sole arbitrator and in
exceptional circumstances even thereafter, a party to the dispute may apply to any court
of competent jurisdiction/Arbitrator to pursue equitable relief (including immediate,
preliminary and permanent injunction) to which it may be entitled in order to preserve the
Status quo pending resolution of the dispute.
17. The cost and expenses of the arbitration, including, without limitation, the fees of the
sole arbitrator, shall be borne equally by the parties to the dispute or claim and each party
shall pay fees, disbursemnets and other charges of its own counsel, unless otherwise
agreed by the sole arbitrator.
18. Any award made by the sole arbitrator shall be final and binding on each of the parties
that were parties to the dispute.
19. This Agreement and all matters relating thereto shall be governed and construed in
accordance with the laws of Republic of India and subject to the Dispute Resolution
clause above, Saket court in New Delhi shall have exclusive jurisdiction to hear disputes
between the parties in relation to this Agreement. Both Parties agree to waive the right to
contest such jurisdiction as agreed.

3
Schedule of Property
House No. C-5A situated in Malviya Nagar, New Delhi.
On its North is
C-4D South is
F-1 East is
C-5B West is
Road 2 of Malviya Nagar.

IN WITNESS WHEREOF the parties have signed and affixed their signatures thump
mark on this Sale Deed after understanding the contents of the same on the day, month
and year first above written in the presence of the following witness:

Witnesses:
(1) Name : Mr. Gautam Singh

S/O Mr. Aman Singh

R/O H.no.- 820, Shyam Gali ,

New Delhi.

Signature:_________________________

(2) Name : Mr. Rihan Rawat

S/O Mr.Manan Rawat

R/O J-223 Friends Colony,

New Delhi

Signature:__________________________

You might also like