!! गणपती बाप्पा मोरया !!

DEED OF CONVEYANCE

This Sale deed made and executed at Lonavala, Maval, on this

15th Day of February in the Christian Year 2023

 BETWEEN

1)NUSRAT SALIM DATTOOBHAI, age about 64 years,

Occupation – Housewife, PAN - AAEPD7370C

2)SALIM CASSUMALLI DATTOOBHAI, age about 72 years,

Occupation – Agriculturist & Business, PAN – AABPD2140H

No. 1) and No. 2) both residing at F – 1, Eden Hall, Dr. Annie

Besant Road, Worli, Mumbai – 400 018

3)SHAILESH VITTHAL MURKUTE, age about 41 years,

Occupation – Service, PAN - AGVPM5866H, residing at Himgiri

Building, D/6, Flat No. 703, Lokdhara Complex, Kalyan (E),

Mumbai - 421306

Hereinafter called as “THE VENDORS” (which expression shall

unless repugnant to the context shall mean and include their

executors, members, their successors, nominees, administrators,

and assigns) of the FIRST PART.

AND

MALUTAI SUDHIR GARWAD, age about – 44 Years,

Occupation- Agriculturist & Business, Residing at – Bhaje Tal

Maval District Pune PAN – BKMPG3434M. Hereinafter called as

“PURCHASER” (which expression shall unless repugnant to the

context shall mean and include his executors, members, their

successors, nominees, administrators, and assigns) of the

OTHER PART.
 WHEREAS

a. One M/S. Deccan Development Corporation, a partnership firm

was the owner of all that piece and parcel of land or ground lying

and situate at Village Karla, Taluka Maval, District Pune, within

the limits of Group Gram panchayat Karla, and in the registration

Sub-District of Maval, Taluka Maval, District Pune, bearing Non

Agricultural Plot No. 29 of the layout scheme in Gut No. 299 (old

Survey No. 125/1) admeasuring 507 Sq. meters hereinafter

referred to as the “said Land” for convenience and more

particularly described in the schedule hereunder written.

b. By the Sale Deed dated 30.11.1988 executed between M/S.

Deccan Development Corporation, a partnership firm having its

partners 1) Neelmani Dhairyashil Desai 2) Shrikrishna Natekar

(the Vendors therein) AND 1) Nusrat Salim Dattoobhai 2) Salim

Cassumalli Dattoobhai (the Purchasers therein and Vendor No.

1& 2 herein), registered before the Sub Registrar of Mumbai

bearing No. PBBM – 334/1989 having registration Dated

31.07.1999 the Vendors therein sold, transferred and conveyed

all that piece and parcel of land or ground lying and situate at

Village Karla, Taluka Maval, District Pune, within the limits of

Group Gram panchayat Karla, and in the registration Sub-District

of Maval, Taluka Maval, District Pune, bearing Non Agricultural

Plot No. 29 of the layout scheme in Gut No. 299 (old Survey No.
 125/1) admeasuring 506.81 Sq. meters (the said piece of land)

out of total area admeasuring 507 Sq. meters unto the Purchaser

therein and the Vendor No. 1 & 2 herein for a valuable

consideration mentioned therein. Due to some technical error the

names of the Purchasers therein was not updated on the 7/12

extract.

c. Since the said piece of land was not transferred in revenue

record in the name of said Nusrat Salim Dattoobhai and other

due to some or other reason the said M/S. Deccan Development

Corporation, a partnership firm having its partners 1) Neelmani

Dhairyashil Desai 2) Shrikrishna Natekar taking undue

advantage of this fact, sold for the second time the said land

area admeasuring 507 Sq. meters unto one Kumar Shelters Pvt.

Ltd. Vide doc no. 2612/2003 dated 13.06.2003. thus the said

land was illegally transferred in the name of said Kumar Shelters

Pvt Ltd. The record of rights was updated accordingly by M.E.

no. 1057 dated 13.11.2003 and was approved by the circle

officer on 20.12.2003.

d. The said Kumar Shelters Pvt. Ltd. again sold the said land unto

one Ashok Vyanktesh Shringarpure vide doc no. 1295/2007

dated 13.03.2007. The record of rights was updated accordingly

by M.E. no. 1699 dated 05.11.2009 and was approved by the

circle officer on 29.01.2010.

e. The said Ashok Vyanktesh Shringarpure further sold the said

land unto one Swati Shailesh Murkute vide doc no. 1780/2014

dated 22.05.2014. The record of rights was updated accordingly

by M.E. no. 2077 dated 30.06.2014 and was approved by the

circle officer on 11.08.2014.

f. Aggrieved by these various illegal and fraudulent transactions in

series and transfers, the Vendor No. 1 & 2 herein, filed an appeal

before the Sub Divisional Officer, Maval- Mulshi, bearing Appeal

no. RTS/SR/498/2019 praying for cancellation of above said

illegal transfers by respective mutations bearing no. 1057, 1699

& 2077 and get the names of Vendor no. 1 & 2 mutated in the

revenue record and on 7/12 extract as occupants and owners of

the said piece of land.

g. By the order of the Sub Divisional Officer bearing order no.

RTS/SR/498/2019 dated 26.08.2022, the SDO cancelled the

above-mentioned M.E. No. 1057, 1699 & 2077 and ordered to

transfer the said piece of land in the name of the said 1) Nusrat

Salim Dattoobhai 2) Salim Cassumalli Dattoobhai in revenue

record. The record of rights was updated accordingly by M.E. no.

2876 dated 19.09.2022 and was approved by the circle officer on

31.10.2022.
h. In the meantime during the above said litigation, by the Gift deed

dated 04.12.2020 bearing registration no. 2460/2020, said Swati

Shailesh Murkute gifted, conveyed and transferred said land

unto Shailesh Vitthal Murkute. However due to the above said

order of SDO the said land could not be transferred in the name

of the Purchaser under the present clause to the extent of the

area of the said piece of land i.e. 506.81 Sq. Meters but the

remaining portion of the said Land i.e. 0.19 Sq. meters is duly

transferred in the name of the Purchaser.

i. Now the said Vendors collectively for their respective share in

the said Land are well seized and possessed of all that piece

and parcel of land or ground lying and situate at Village Karla,

Taluka Maval, District Pune, within the limits of Group Gram

panchayat Karla, and in the registration Sub-District of Maval,

Taluka Maval, District Pune, bearing Non Agricultural Plot No. 29

of the layout scheme in Gut No. 299 (old Survey No. 125/1)

admeasuring 507 Sq. meters more particularly described in

Schedule Written hereinunder and hereinafter referred to as

"The Said Land' for convenience.

j. The Purchaser has inspected the title documents which are

supplied by the Said Vendors and also taken the legal search of

the title of the Said Land through their Advocate and is well
 satisfied with the title of the Said Vendors regarding the Said

Land.

k. The SAID VENDORS have agreed to sell to the PURCHASER

and the PURCHASER has agreed to purchase from the SAID

VENDORS for a lump sum consideration of Rs. 30,00,000.00

(Rupees Thirty Lakhs Only) all that piece and parcel of land or

ground lying and situate at Village Karla, Taluka Maval, District

Pune, within the limits of Group Gram panchayat Karla, and in

the registration Sub-District of Maval, Taluka Maval, District

Pune, bearing Non Agricultural Plot No. 29 of the layout scheme

in Gut No. 299 (old Survey No. 125/1) admeasuring 507 Sq.

meters more particularly described in Schedule Written

hereinunder and hereinafter referred to as "The Said Land' for

convenience.

l. The parties to these presents have agreed to reduce the

transaction in writing and execute this deed of conveyance on

the following terms and conditions : -

NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED

BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

That in consideration of the sum of Rs. 30,00,000.00

(Rupees Thirty Lakhs Only) the payment and receipt

whereof the said VENDORS irrespective of

disproportionate share in the consideration do hereby

admit and acknowledge and of and from the same and

every part thereof, do hereby acquit, release and

discharge the PURCHASER absolutely and forever.

Further the Consideration amount of Rs. 30,00,000/-

(Rupees Thirty Lakhs Only) has been paid by the

Purchaser to the Vendor No.1, 2 and 3 in the ratio as

agreed and directed by the Said Vendors with their mutual

consent.

The said Vendors represent that there is no dispute

between and among them in respect of the respective

areas as mentioned on 7/12 extracts owned by them and

irrespective of their share in the consideration of the said

land under present deed of Conveyance they both

confirms present transaction and agreed upon the terms

and conditions of the present conveyance deed and

collectively remains responsible to provide the clean and

marketable title in favor of the purchaser herein for the

entire area of the said Land.

The said VENDORS do hereby SELL, CONVEY,

TRANSFER, ASSIGN AND ASSURE unto the

PURCHASER all that piece and parcel of land or ground

lying and situate at Village Karla, Taluka Maval, District

Pune, within the limits of Group Gram panchayat Karla,

and in the registration Sub-District of Maval, Taluka Maval,

District Pune, bearing Non Agricultural Plot No. 29 of the

layout scheme in Gut No. 299 (old Survey No. 125/1)

admeasuring 507 Sq. meters more particularly described

in Schedule Written hereinunder and hereinafter referred

to as "The Said Land' for convenience TOGETHER WITH

all things permanently standing or attached to the said

Land all and singular the edifices, courtyards, walls,

compound, areas, ways, paths, drains ditches passages,

common gullies, waters, water courses , trees, plants

shrubs, wells, lights liberties sewers, easements, profits,

privileges, advantages, rights, members and

appurtenances whatsoever to the said Land belonging or

in anywise appertaining to or with the same of any part

thereof now or at any time heretofore usually held, used,

occupied or enjoyed or reputed or known as part or

member thereof and to belong or be appurtenant thereto

free from any encumbrances whatsoever .

AND ALSO all estate, right, title, interest, use, trust,

inheritance, property, possession, benefit, claim and/or

demand whatsoever both at the law and in equity of the

SAID VENDORS into, or out of or upon the said Land or

any part thereof. TO HAVE AND TO HOLD the said Land

or any part thereof and all and singular the said Land

hereby granted, conveyed, released, and assured or

intended or expressed so to be with every of its rights,

members and appurtenances UNTO AND to the use and

benefit of the PURCHASER ABSOLUTELY AND

FOREVER. SUBJECT to the payment of all the rents,

rates, taxes, assessments dues and duties, which may

hereafter become payable in respect thereof AND the

SAID VENDORS Do hereby for their heirs, executors and

administrators and assigns covenant with the

PURCHASER that NOTWITHSTANDING any act, deeds,

things, matter or whatsoever by the SAID VENDORS or

any person or persons lawfully or equitably claiming or to

claim by from through under or in trust for them, made

done omitted or knowingly or willingly suffered to the

contrary the SAID VENDORS now has in themselves

good right, full power and absolute authority to grant,

release convey transfer and assure the said Land hereby

granted conveyed transferred and assured or intended so

to be unto and to the exclusive use of the Purchaser free

from all encumbrances in the manner herein appearing.

AND THAT it shall be lawful for the PURCHASER from

time to time and at all times hereafter to peacefully and

quietly enter upon and occupy, possess, hold and enjoy

the said Land hereditaments and premises hereby

granted conveyed transferred and assured with its

appurtenances and receive the rents, issues and profits

thereof and every part thereof to and for her own use and

benefit without any suit eviction, interruption, claim and

demand whatsoever from or by the Said Vendors and or

their heirs executors administrators or any person or

persons whomsoever lawfully or equitably claiming by

from under or in trust for them AND THAT free and clear

and freely and clearly and absolutely acquitted exonerated

released and forever discharged or otherwise by the Said

Vendors well and sufficiently saved defended kept

harmless and indemnified of and from and against all

former estates titles charges and encumbrances

whatsoever either already or hereafter had made executed

occasioned or suffered by the Said Vendors or by any

other person or persons lawfully of equitably claiming

through them or through any of the erstwhile owners of the

said Land or any part thereof or to claim by from or in trust

for them or any of them and that the Said Vendors have
duly paid all rents rates and taxes and outgoings in

respect of the said Land upto the date hereof .

AND FURTHER THAT the SAID VENDORS and all

persons having or lawfully or equitably claiming any estate

right title or interest whatsoever in the said Land or any

part thereof from under or in trust for the SAID VENDORS

or their successors, executors and administrators or any of

them shall and will from time to time and at all times

hereafter at the request of the PURCHASER do and

execute or cause to be done and executed all such further

and other acts, deeds, matters, things, conveyance and

assurances in law whatsoever as shall be required by the

PURCHASER her heirs executors and administrators or

their counsel in law for better and more perfectly assuring

the said Land and every part thereof unto and to the use of

the PURCHASER in the manner aforesaid.

AND FURTHER THAT the SAID VENDORS do hereby

confirm and record that on the execution of these presents

they have put the Purchaser in quiet peaceful and vacant

possession of the said Land as owner thereof and the Said

Vendors hereby indemnifies and agrees to keep

indemnified forever the purchaser her heirs executors

administrators and assigns of from and against all actions

claims damages proceedings costs and expenses that the

Purchaser may incur or suffer as a result of any claim

being made in respect of the said Land by any other

person.

AND FURTHER THAT The SAID VENDORS herein

hereby represents and declares as follows:

a) That they have in no way created any charge, claim

or lien on the said Land and the said Land hereby

agreed to be sold is free from all claims, charge,

lien, mortgage and encumbrances of whatsoever

nature and kind. Should there be any claim whether

demanded as on date or at all times hereafter

pertaining to the period before the execution of this

Deed of Conveyance from any person or persons,

Governments, Semi-Government, Authorities

against the said Land, SAID VENDORS herein do

hereby agrees and undertakes to indemnify the

PURCHASER against all such claims.

b) That they have not done or omitted to do any act or

thing, which may prejudicially or otherwise affect

their rights herein. The SAID VENDORS herein

further declares that they are entitled to sell and

transfer their rights and benefits under these

 presents and that apart from the SAID VENDORS

herein no other person or persons have any right,

title or interest into upon or in respect of the said

Land.

c) Neither the Said Vendors nor their predecessor

belongs to any Scheduled Caste or Adivasi caste or

creed and thus, the present sale purchase

transaction is not affected by the provisions of the

laws relating to the transfer of land from Adivasi to

Non-Adivasi and the Said Vendors have full rights

and absolute title and authority to sell, convey and

transfer the said Land to the Purchaser;

d) That the said Land or any part thereof is not

included in forest or acquired as private forest and

also it has not been acquired or proposed to be

acquired for any public purpose and that no

notifications have been issued under any

Ordinance, Act, Statutes, Rules and Regulations

(State or Central) in respect of the said Land or any

part thereof whereby the Said Vendors are

prevented from selling or disposing of the said Land

or any part thereof unto the Purchaser;

e) The Said Vendors declares and confirms that the

said Land conveyed by these presents is vacant and

that there are no subsisting claims of other persons

and the said Land is not burdened with any

subsisting claim or right of any other person;

f) That the said Land or any part thereof is not subject

to any sale, exchange, tenancy, lease, license, sub-

license, lien, mortgage, charge, gift, inheritance,

easement, trust, injunction or any other

encumbrance whatsoever;

g) That the Said Vendors are the absolute owners of

the said Land and neither the family members nor

anybody else is in any way concerned with the said

Land. The Said Vendors are the owners and

occupiers of the said Land and have every right to

alienate the same and further confirms and declares

that they require no consent from any authority/s or

third person whomsoever to enter into the present

transaction;

h) That there are no suits, claims or other legal

proceedings pending in respect of the said Land or

any part thereof. The Said Vendors declares and

confirms that the Said Vendors are entitled to deal

 with the said Land and every part thereof to the

exclusion of any other person or party whomsoever;

i) The Said Vendors confirms that till the date hereof

they have not entered into any Agreement to sell

(whether oral or written), memorandum of

understanding, transfer, mortgage, assign,

conveyance or agreement nor created any tenancy,

license or third party rights purporting to create any

rights in the said Land or any part thereof nor have

accepted any earnest money, deposit, token or any

other sum in respect of the said Land or any part

thereof;

j) The Said Vendors confirms that the said Land or

any part thereof is not subject to any reservation,

acquisition, or requisition by any Government body,

Town Planning Authority, or any other local or public

authorities for public purpose or any other purposes;

k) That the said Land or any part thereof is not affected

by any attachment including attachment under any

proceedings started at the instance of Income Tax,

Sales Tax, Wealth Tax or Estate Duty Authorities or

other Government Authorities under any provision of

concerned Acts for the time being in force and that

 the said Land or any part thereof is not otherwise

charged, mortgaged or encumbered for any

liabilities, or for the arrears of land revenue or any

other purpose;

l) That the Said Vendors have not raised any loans on

the said Land or any part thereof from any

Nationalized Bank, Scheduled Bank, Urban Co-

operative Bank, Co-operative Credit Society, Non-

Banking Corporation or any other Financial Institute

or any private person by mortgaging the said Land

or any part thereof by an unregistered or registered

mortgage deed or other like instrument or by

depositing the title deeds of the said Land and have

also not stood as sureties or guarantors to anybody

else for any such loans nor have stood as sureties

for personal attendance in any Courts of Law and

therefore, their title to the said Land is clear,

marketable and free from all encumbrances;

m) That all the taxes including land revenue tax, Gram

Panchayat dues etc., amounts, claims, dues, costs

or liabilities in relation to the said Land are fully

paid for the period up-to the date of execution of

these presents and no dues of any nature

 whatsoever in this respect are payable to any

authority or to any bank or credit society or any

individual person whomsoever;

n) That there is no order of injunction from any Court,

Tribunal or Authority restraining or prohibiting the

Said Vendors from selling and/or transferring and

conveying the said Land in favor of the Purchaser

and no Court Receiver or Private Receiver has been

appointed in respect of the said Land.

o) That there are no attachments either before or after

judgment levied or pending in respect of the said

Land or any part thereof.

p) That no suit or proceedings have been initiated or

filed before any Courts of Law and other competent

Authorities against the Said Vendors by any creditor

or any other person or persons in respect of the said

Land or any part thereof and that there are no

attachments either before or after judgment levied or

pending in respect of the said Land or any part

thereof and that there is no notice of Lis Pendens

filed before the office of the Sub Registrar of

Assurances in respect of the said Land.

 q) That there are no circumstances and factors which

prevent the Said Vendors from dealing with and/or

selling and/or transferring the said Land or any part

thereof which prevents the Purchaser from acquiring

the rights as hereinafter contemplated.

r) That there are no prohibitory orders or injunction

issued by any Income Tax Authority or any

Government body or authorities prohibiting the Said

Vendors from sale and/or transfer of the said Land.

s) That there are no covenants running with the said

Land which restrict the complete use and enjoyment

of the said Land by the Purchaser and that the said

Land is not subject to any easements.

Further both the parties to these present have mutually

agreed that the stamp duty, registration charges, shall be

borne by the Purchaser alone. Each party shall bear the

costs of their respective legal Counsel and realtors.

AND THIS INDENTURE FURTHER WITNESSETH and the

parties hereto record and declare that having regard to the

various factors, including the location and layout of the said

Land, the consideration amount paid hereunder is the true

market value of the said land hereby granted and conveyed and
stamp duty has been paid on these presents as applicable under

the provisions of The Maharashtra Stamp Act, 1958 as amended

up to date;

IN WITNESS WHEREOF the VENDORS and PURCHASER

have set and subscribed their respective hands and seals the

day and year first hereinabove written.  

Schedule I

Description of the Said Lands

all that piece and parcel of land or ground lying and situate at

Village Karla, Taluka Maval, District Pune, within the limits of

Group Gram panchayat Karla, and in the registration Sub-District

of Maval, Taluka Maval, District Pune, bearing Non Agricultural

Plot No. 29 of the layout scheme in Gut No. 299 (old Survey No.

125/1) admeasuring 507 Sq. meters.

SIGNED SEALED AND DELIVERED

By withinnamed The VENDORS

1) NUSRAT SALIM DATTOOBHAI

2) SALIM CASSUMALLI DATTOOBHAI

3) SHAILESH VITTHAL MURKUTE

In the presence of:

 1.

2.

SIGNED SEALED AND DELIVERED

By withinnamed The PURCHASER

MALUTAI SUDHIR GARWAD

In the presence of:

1.

2.
 RECEIPT

Date: 15/03/2023

Received with thanks from Purchaser a sum of Rs. 30,00,000/-

(Rupees Thirty Lakhs Only) being the total consideration

against the Said Land as follows:-

DESCRIPTION AMOUNT IN
Rs.
Rupees Five Lakhs Only paid by D.D. No. 013960 5,00,000.00
Dated 14/02/2023 drawn on HDFC Bank, Lonavla
Branch, by the Purchaser to Vendor No. 1
Rupees Ten Lakhs Only paid by D.D. No. 013961 10,00,000.00
Dated 14/02/2023 drawn on HDFC Bank, Lonavla
Branch, by the Purchaser to Vendor No. 2
Rupees Five Lakhs Only paid by Cheque No. 5,00,000.00
_________ Dated __/__/2023 drawn on HDFC Bank,
Lonavla Branch, by the Purchaser to Vendor No. 3
Rupees Five Lakhs Only paid by Cheque No. 5,00,000.00
_________ Dated __/__/2023 drawn on HDFC Bank,
Lonavla Branch, by the Purchaser to Vendor No. 3
Rupees Five Lakhs Only paid by Cheque No. 5,00,000.00
_________ Dated __/__/2023 drawn on HDFC Bank,
Lonavla Branch, by the Purchaser to Vendor No. 3
Total consideration (Rupees Thirty Lakhs Only) 30,00,000.00

In the presence of: I say received,

1.
2. MALUTAI SUDHIR GARWAD

(Purchaser)