SALE DEED

THIS SALE DEED is made and entered into at Mumbai this 16 th

day of JULY, 2014 BETWEEN:

MR. CYRUS SHAHRUKH CONTRACTOR (PAN No.

AAAPC7193E), an Adult, Indian inhabitant, Residing at Flat No.
B-62, 6th Floor, Vikas Finlay Towers Co-Op. Housing Society
Ltd., Parel Tank Road, Kala Chowkey, Mumbai – 400 033,
hereinafter referred to as “THE SELLER/TRANSFEROR” (which
expression shall unless otherwise it be repugnant to the context
or meaning thereof be deemed to mean and include his heirs,
representatives, administrators, executors and assigns) of the
ONE PART.

AND

1) MR. BRIJ RAJ TANDON (PAN No. AAPPT6827R)

And
2) MRS. BINA TANDON (PAN No. ABRPT9333R)
And
3) MISS SNEHA TANDON (PAN No. AJWPT5840L)

All Adults, Indian Inhabitants, Residing at: 5-C, Shalimar

Heights, North Wing, 28, Jopling Road, Lucknow, hereinafter
referred to as the “THE PURCHASERS/TRANSFEREES” (which

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expression shall unless otherwise it be repugnant to the context
or meaning thereof be deemed to mean and include their heirs
representatives, administrators, executors and assigns) of the
OTHER PART.

WHEREAS THE SELLER/TRANSFEROR DOES HEREBY EXPRESSLY

REPRESENT AND DECLARE TO THE PURCHASERS/TRANSFEREES AS
FOLLOWS:

a) That, Flat No. 62 admeasuring about 550 sq. fts. Built up,
on the 6th Floor of ‘B’ Wing in Vikas Finlay Towers Co-
Operative Housing Society Ltd. at Parel Tank Road, Kala
Chowkey, Mumbai – 400 033 (hereinafter referred to as
‘the said flat’) was originally owned by and belonged to
DR. DARA RUTTONJI MIRZA.
b) That, as per the Deed of Family settlement dated 18 th
November, 1987, the said flat was acquired by SMT.
MEHER SHARUKH CONTRACTOR, the daughter of
original owner DR. DARA RUTTONJI MIRZA and the
mother of the Seller/Transferor herein.
c) That, vide Agreement for Sale dated 06 th December, 1988,
the said flat along with its Title, Ownership Rights,
Possession etc. was transferred from SMT. MEHER
SHARUKH CONTRACTOR to the Seller/Transferor herein.
d) That the Seller/Transferor is a Registered member of
Vikas Finlay Towers Co-operative Housing Society
Limited, a co-operative housing society registered under
the Maharashtra Co-operative Societies Act, 1960 and
bearing Registration No. BOM/W-F/S/HSG(TC)/405/86
of 1986-87 and having its registered address at Vikas
Finlay Towers Co-Op. Housing Society Ltd., Parel Tank
Road, Kala Chowkey, Mumbai – 400 033. (hereinafter
referred to as “the said society”)

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e) That, later on, vide Agreement for Sale dated 04 th May,
2005, the Seller/Transferor herein purchased/acquired
from M/s. Larsen and Toubro Limited, a closed Garage
12(4) admeasuring approximately 200 sq. ft. built-up area
in the premises of the said Society. (hereinafter referred to
as ‘the said garage’.)
f) That, now the Seller/Transferor herein is the exclusive
owner of the said flat and the said garage having clear
and marketable title, without any charge and/or
encumbrances, in the said Flat and the said garage.
g) That, being a registered member of the said society, the
Seller/Transferor holds a Share Certificate for Five fully
paid shares of the face value of Rs. 50/- (Rupees Fifty
only) each, bearing Share Certificate No. 36 for Five
Shares bearing distinctive Nos. 176 to 180 (both
inclusive). ( hereinafter referred to as “the said shares”)
h) That in the premises aforesaid the Seller/Transferor is
legally entitled to the said Flat and the said garage and
the said shares together with the benefits attached to
them and that neither the Seller/Transferor herein
personally or through any of his agent/s or constituted
attorney have or had at any time heretofore either created
or agreed to create any third party rights or right, title,
interests or claim whatsoever in respect of the said Flat
and the said garage.
i) That the Seller/Transferor is in the exclusive and absolute
possession of the said Flat and the said garage with the
full lock and key control with the actual custody and
dominion over the possession of the said Flat and the said
garage with the said shares and benefits and that neither
the Seller/Transferor had till date hereof at any time
either agreed to induct or inducted any third party in use,
occupation, possession and/or enjoyment of the said flat

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 and the said garage or any part or portion whereof, in any
way or any manner whatsoever.
j) That the title of the Seller/Transferor in respect of the
said Flat and the said garage with the said shares and
benefits is absolutely clear and marketable, free from any
third party adverse deal, arrangements, understanding,
Deed, Sale Deed, transfer or assignment, conveyance,
release, relinquishment, surrender, gift, exchange, lease,
monthly tenancy, leave and license, charge, mortgage or
any other encumbrances.
k) That the Seller/Transferor herein has not been
disqualified or rendered disentitled either at law, equity or
otherwise on account of any action, steps or proceedings
or any act of commission or omission including any
forfeiture, confiscation, acquisition, requisition and/or
reservation and otherwise and there was no and there is
no dispute filed or pending or disposed off in respect of
the said Flat and the said garage or in respect of the said
building and the said property to the knowledge, notice
(expressed and/or implied) and/or information of the
Seller/Transferor.
l) That in the manner aforesaid the Seller/Transferor has
truly, honestly, bonafidely and in good faith disclosed to
the Purchasers/Transferees, all the material facts and
circumstances in respect of the said Flat and the said
garage with said shares and said benefits without making
any untrue, incorrect, dishonest and/or fraudulent and
non-bonafide representations, of anything whatsoever in
that behalf and in any manner whatsoever.

AND WHEREAS upon the strength of the representation and

declaration made by the Seller/Transferor to the
Purchasers/Transferees, the parties have negotiated for sale

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and purchase of the said Flat (along with all furniture and
fixtures and other home appliances/articles on as is where is
basis except personal belongings) and the said garage in the
said building on the said property with said shares and the said
benefits and rights, title, interest, claim, estate, possession and
property rights in respect thereof at law, equity and otherwise
at for lump-sum price of Rs. 1,98,00,000/- (Rupees One
Crore Ninety-Eight Lac only) and the Purchasers/Transferees
have paid to the Seller/Transferor the full and final
consideration on this day for vacant and peaceful possession of
the said Flat and the said garage with said shares and said
benefits with legal rights to have and call for all relevant deeds,
documents, papers and writings from the Seller/Transferor and
the concerned parties contemplated by law as hereinafter
mentioned in this presents with otherwise clear and marketable
title, free from all encumbrances and reasonable doubts.

AND WHEREAS now the parties are desirous of executing this

Sale Deed in respect of the said Flat and the said garage in the
said building on the said property with the said shares and said
benefits and according to the parties, have hereby mutually
agreed upon certain terms, conditions, stipulations and
covenants in that behalf as hereinafter appearing:

NOW THIS DEED WITNESSTH AS FOLLOWS;

1) The Seller/Transferor hereby declares and confirms that

what is recited hereinabove in respect of the said Flat and
the said garage and the said shares shall be treated as
representations and irrevocable declarations on their part
as if the same are reproduced herein in verbatim and form
part of this clause. The Seller/Transferor hereby confirms
that the Purchasers/Transferees have purchased the said

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 Flat and the said garage relying upon the correctness of
the declarations and representations made by the
Seller/Transferor in his presents.

2) The Seller/Transferor has sold, transferred, assigned and

assured and the Purchasers/Transferees have purchased
and acquired the said Flat and the said garage on
ownership basis along with the said Shares, free from all
encumbrances at or for the total price of Rs.
1,98,00,000/- (Rupees One Crore Ninety-Eight Lac
only) being the full and final consideration paid by the
Purchasers/Transferees to the Seller/Transferor in the
following manner:

The total, full and final consideration amount of Rs.

1,98,00,000/- (Rupees One Crore Ninety-Eight Lac
only) has been paid as follows:
a) FIRST PAYMENT:
Rs. 50,00,000/- (Rupees Fifty Lac Only) paid as
First Payment on 28/04/2014 vide Cheque No.
501040 drawn on AXIS BANK LTD., LUCKNOW -
226001 Branch, in favour of MR. CYRUS S.
CONTRACTOR;
b) SECOND PAYMENT:
Rs. 25,00,000/- (Rupees Twenty Five Lac Only)
paid as Second Payment on 25/06/2014 vide
Cheque No. 501041 drawn on AXIS BANK LTD.,
LUCKNOW -226001 Branch, in favour of MR. CYRUS
S. CONTRACTOR;
c) THIRD PAYMENT:
Rs. 1,05,00,000/- (Rupees One Crore Five Lac
Only) paid as Third Payment on 14/07/2014 vide
RTGS Transfer bearing No. UTIBH14195057946

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 through AXIS BANK LTD., PAREL, MUMBAI Branch,
in favour of MR. CYRUS SHAHRUKH CONTRACTOR
from the Account of MR. BRIJ RAJ TONDON;
d) FORTH AND FINAL PAYMENT:
Rs. 18,00,000/- (Rupees Eighteen Lac Only) paid
as Forth and Final Payment on 14/07/2014 vide
RTGS Transfer bearing No. UTIBH14195057849
through AXIS BANK LTD., PAREL, MUMBAI Branch,
in favour of MR. CYRUS SHAHRUKH CONTRACTOR
from the Account of MRS. BINA TONDON.

The receipt whereof the Seller/Transferor doth hereby

admits, acknowledges and confirms at the foot of this Sale
Deed.

3)In performing their part of the contract both the parties

shall be entitled to specific performance of this Sale Deed
together with right to claim costs, charges and expenses
and losses from the other.

4)It has been expressly agreed by the parties herein, that,

time should be essence of the Contract, as far as for
handing over vacant and peaceful possession of the said
flat and the said garage to the Purchasers/Transferees
with clear and marketable Title free from all
encumbrances.

5) As the Seller/Transferor has received full and final

payment from the Purchasers/Transferees as mentioned
herein, all the Title Deeds and Possession of the Garage
have been handed over today itself by the
Seller/Transferor to the Purchasers/Transferees. However,
it is mutually agreed upon by both the parties herein that

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 the Seller/Transferor shall handover peaceful and vacant
possession of the said Flat to the Purchasers/Transferees
in SEPTEMBER – 2014.

6) The Purchasers/Transferees have paid and fulfilled their

part of this Deed as stated herein above and now the
Seller/Transferor shall abide by the terms herein and
shall be bound to complete the contract on his part.

7) It is agreed between the parties that as the

Purchasers/Transferees have paid full and final amount
and fulfilled their part of this Deed, now if there is any
delay or default on the part of the Seller/Transferor in
performing his part of the contract then the
Purchasers/Transferees shall be entitled to have specific
performance of this Deed together with right to claim
costs, charges and expenses and losses from the
Seller/Transferor.

8) On execution of this Deed the Seller/Transferor shall put

the Purchasers/Transferees in vacant and peaceful
possession of the said Flat and the said garage and shall
surrender rights, Title and interest in favour of the
Purchasers/Transferees and the Purchasers/Transferees
shall be entitled to quietly enter upon, leave, hold, occupy,
possess and enjoy the said Flat together with the fittings,
fixtures and other amenities available/ provided in the
said Flat and the said garage.

9) The Seller/Transferor has obtained the necessary

permission from the said society to transfer all his rights,
title, claim, interest and benefits whatsoever enjoyed by
the Seller/Transferor including the shares, deposits if any

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 in favour of the Purchasers/Transferees and shall co-
operate for further assuring in law and for better and more
perfectly transferring all the rights, interests and benefits
of the Seller/Transferor in respect of the said Flat and the
said garage unto the Purchasers/Transferees for the
exclusive use of the Purchasers/Transferees thereof as
aforesaid.

10)The Seller/Transferor covenants with the

Purchasers/Transferees that only he is the absolute owner
of the said Flat and the said garage and the said shares
which he has hereby sold and transferred to the
Purchasers/Transferees. No other person/s has/ have any
right, title, interest in property, claim or demand of any
nature whatsoever in or upon the said shares and in the
said Flat whether by way of sale, charge, mortgage, lien,
gift, trust, inheritance, lease, licenses, easement or
otherwise howsoever and he has good right, full power and
absolute authority to transfer and sell the same to the
Purchasers/Transferees.

11) The Seller/Transferor further covenants with the

Purchasers/Transferees that he has not created any
charge or encumbrance of whatsoever nature on the said
shares or the said Flat and the said garage nor are the
same or any of them the subject matter of any litigation or
stay order nor the same or any of them the subject matter
of any attachment whatsoever (whether before or after
judgment) or any prohibitory order and he has not created
any adverse right whatsoever in favour of any one in
respect of the same or any of them.

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12) The Seller/Transferor hereby undertakes to indemnify
and keep indemnified the Purchasers/Transferees against
all claims, demands, proceedings, costs and expenses in
connection with any liability which the
Purchasers/Transferees may have to suffer or incur due to
the claims from the Society, Govt. authorities, Stamp
authority, Sub-Registrar, competent authorities and/or
any third party relating to the said Flat and the said
garage sustained prior to the execution of these presents.

13) The Seller/Transferor shall hand over to the

Purchasers/Transferees all those relevant papers,
documents in their possession and control relating to the
said Flat and the said garage and shall also sign such
other papers, applications, forms and declarations as may
be required by the said Purchasers/Transferees from time
to time for effectual transfer of the said Flat and the said
garage in the name of the Purchasers/Transferees.

14) The Seller/Transferor hereby declares that the said Flat

and the said garage are the self acquired property of
himself and that no one else, except he, has any right, title
and interest in respect of the said Flat and the said garage
and the Purchasers/Transferees shall quietly and
peacefully possess and occupy and enjoy the said Flat and
the said garage without any let, hindrance, denial,
demand, interruption or eviction by the Seller/Transferor
or any other person/s lawfully or equitably claiming
through, under or in trust for the Seller/Transferor.

15) That after execution of this Deed neither the

Seller/Transferor nor his legal heirs, executors and

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 administrators shall and will have any right, title, interest
or claim to the said Flat and the said garage.

16) The Seller/Transferor hereby covenants with the

Purchasers/Transferees that he shall pay to the said
society all his shares of taxes and outgoings etc. up to
handing over the possession of the said Flat and the said
garage to the Purchasers/ Transferees.

17) The Purchasers/Transferees shall become the member/s

of the said society and shall abide by all and singular bye-
laws, rules and regulations made and adopted from time
to time by the said society and shall regularly pay the
monthly maintenance charges in respect of the said Flat
and the said garage to the said society without any
default.

18)It is specifically agreed by and between the parties that

the transfer charges of the said society shall be borne by
both the parties equally.

19)The Purchasers/Transferees shall lodge this Deed before

the concerned Registrar of Assurances and the
Seller/Transferor shall admit his signature on this Deed
before the said authority within the prescribed time limit
as per law.

20)Neither any Government nor any public authority has

issued any order under Income Tax Act, Wealth Tax Act,
Maharashtra Land Revenue Code or under any statute
restraining the Seller/Transferor from selling or disposing
off the said Flat and the said garage or any part thereof in
any manner whatsoever.

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 21)That the Seller/Transferor has not received any notice
from the Municipal Corporation of Greater Mumbai
and/or Government and/or any other statutory body or
authority or Bank or financial Institution etc. for
acquisition or requisition of the said Flat and the said
garage.

22)It is also agreed by and between the parties that the

Stamp Duty and the Registration Charges in respect of the
present Deed shall be borne and paid by the
Purchasers/Transferees alone.

IN WITNESS WHEREOF the parties hereto hereunto have set

and subscribed their respective hands on the day, date and
year first hereinabove written.

THE SCHEDULE HEREINABOVE REFERRED TO:

All that self contained Flat on ownership basis viz.
Flat No. 62 admeasuring about 550 sq. fts. Built up, on the
6th Floor of ‘B’ Wing and a closed Garage bearing No. 12(4)
admeasuring approximately 200 sq. ft. built-up in Vikas
Finlay Towers Co-Operative Housing Society Ltd. at Parel
Tank Road, Kala Chowkey, Mumbai – 400 033, situated on

Plot bearing C.T.S. No.: 190, Division: Parel Sewree,

in Registration District and Sub-District of Mumbai
City and Mumbai District.

SIGNED AND DELIVERED }

by the within named the }
SELLER/TRANSFEROR }

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MR. CYRUS SHAHRUKH CONTRACTOR}

in the presence of ……..

1)

2)

SIGNED AND DELIVERED }

by the within named }

PURCHASERS/TRANSFEREES }

1) MR. BRIJ RAJ TANDON }

AND

2) MRS. BINA TANDON }

AND

3) MISS SNEHA TANDON

in the presence of ……….

1)
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2)

RECEIPT

RECEIVED of and from the Purchasers/Transferees the sum of

RS. 1,98,00,000/- (RUPEES ONE CRORE NINETY EIGHT
LAC ONLY) being the full and final Consideration in respect of
Sale of the Flat viz. Flat No. 62 admeasuring about 550 sq. fts.
Built up, on the 6th Floor of ‘B’ Wing and a closed Garage
bearing No. 12(4) admeasuring approximately 200 sq. ft. built-
up in Vikas Finlay Towers Co-Operative Housing Society Ltd. at
Parel Tank Road, Kala Chowkey, Mumbai – 400 033, which I
have sold to them as per the terms of this Deed.

I say received Rs. 1,98,00,000/- (Rupees One Crore Ninety

Eight Lac only).

MR. CYRUS SHAHRUKH CONTRACTOR

SE
LLER/TRANSFEROR

WITNESSES:-

1.

2.

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