SALE DEED

THIS SALE DEED is entered in further to agreement for sale dated………….wherein

appropriately stamp duty of Rs………. was paid dated …………………..and said agreement

was registered with the sub-registrar Thane-3 dated ……………… under bearing

registration number ……………….

This sale deed made and executed at Vashi, Navi Mumbai on s …………………….day of

………………… between 1) XXX an Adult, Indian Inhabitant aged 46 years having PAN :-

000000000, residing at 403, Kajal -12D,Kopar Khairane, , Thane -400XXX, 2)

MRS. XXX an Adult, Indian Inhabitant aged 41 years having PAN No:- 000000,

residing at A 801, Pearl Majestic, Aqsa Masjid Road, XXXXXX(West), Mumbai:-

XXXXX hereinafter called the “SELLER/TRANSFEROR” The term SELLER/

TRANSFEROR shall mean and include wherever the context may so require its

successors in interest, administrators, executors, nominees, assignees, and heirs, legal

representative etc. of the party of the FRIST PART,

AND

1)MR. XXX, aged 31 years, having PAN:- XXXX and 2) MR. XXX, aged 31 years,

having PAN:- XXX both adult, Indian Inhabitant residing at Room No. XX, Navnath

Chawl, Koyna Western Express Highway, XXX (East), Mumbai:- XXXX, hereinafter

called the “PURCHASERS/TRANSSFEREE” The term PURCHASERS / TRANSSFEREE

shall mean and include wherever the context may so require its successors in interest,
administrators, executors, nominees, assignees, and heirs, legal representative etc. of

the party of the SECOUND PART.

DESCRIPTION OF THE PROPERTY

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FLAT NO. BULD NO./WING Floor Sector

403 -------------- 4th 12D

PLOT NO. : 2A, UNDER 12.5 % (G.E) Scheme

NODE : KHAIRANE, NAVI MUMBAI.

BUILT UP AERA : 653 SQ. FT

BUILDING KNOW AS : XXXXX

BUILDING : GROUND + FOUR UPPER FLOORS.

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SALE PRICE: - RUPEES XX, XX,000 (Rupee lakhs and Thousand only).

WHEREAS
1. The City and Industrial Development Corporation of Maharashtra Ltd. Is the

government company within the meaning of the companies Act 1956, (herein

referred to as “The corporation/CIDCO”) having its registered office at ‘Nirmal’

2nd Floor, Nariman Point, Mumbai-400 021. The Corporation has been declared

as a New Town Development Authority, under the provision of sub section (3-A)

of section 113 of the Maharashtra Regional and Town Planning Act 1966

(Maharashtra Act No. XXXIII of 1966 hereinafter referred to as “The Said Act”)

for the New Town Development Authority declared for the area designated as a

site for the New Town of Navi Mumbai by the Government of Maharashtra in

exercise of its powers of the area designated as Site for New Town under sub-

section(1) of section 113 of the said Act.

2. The state Government has acquired land within the designated area of Navi

Mumbai and vested the same in the Corporation by an order duly made on that

behalf as per the provisions of Section.113 of the said Act.

3. By virtue of being the Development Authority the Corporation has been

empowered under Section 118 of the said Act to dispose off any land acquired by

it or vested into it in accordance with the proposal approved by the state

Government under said Act.

4. The corporation laid down plots in XXX Village, Navi Mumbai, on one of such

piece of land so acquired by the state Government in the corporation for being

leased to its intending leases.

5. By an agreement to lease made on dated XX/XX/2004 between the CIDCO

(therein referred to as "The Corporation") of the ONE PART, AND ORIGINAL

LAND OWNERS SHRI. XXXX and other three, (therein referred to as "The

Lessess") of the OTHER PART, (hereinafter referred to as "The said Agreement to

lease"). And the corporation agreed to lease plot bearing No. 2-A, Admeasuring

about XX Sq. Mtrs., for residential purpose , in 12.5% (G.E) Scheme, Situated at

Sector-12D, XXX, Navi Mumbai, Tal & Dist. Thane,( hereinafter referred to as

'The said Plot') to the Original lessees (land owners) SHRI.XXXX and three

others in proper consideration.

6. AND WHEREAS The Original lessees have paid the land premium in full to the

corporation and the cooperation granted permission or license to the original

lessees to enter upon the said land for the purpose of erecting a residential

building on said plots of land.

7. AND WHEREAS the aforesaid Original lessees for one or the other reasons is not

in a position to look-after /develop the property as a result of which they have

decided to handover their plot for the purpose of development activities to

whosoever interested. Accordingly, the Developers M/S S.X XXX a partnership

concern, through its Partners 1)Shri XXX X X and 2) Shri XX XXXX, having

address at shop No.XX, Ground Floor, XXXX Centre, XXX-, XXX, Navi Mumbai,

approached the respective lessees and expressed their willingness to develop

their property. Thereafter discussion/negotiations were taken place between

them and ultimately it was decided by the parties to enter in to agreement on the
 term and conditions more specifically mentioned in their respective separate

agreement.

8. AND WHEREAS M/XXXX, a partnership concern, through its partners, 1) Shri

XXXXX and 2) XXXX, applied to CIDCO to get plot transferred on their name

and executed Tripartite agreement to lease Between CIDCO LTD as a First part

and the original Lessees as second part and XXXX as a Third part and said

Tripartite agreement is registered with Sub -registrar of Assurance at Thane

under Sr No.XXX of XXXX, dated XX/XX/XXXX.

9. AND WHEREAS the Developer has developed/constructed a building Namely

"XXX HERITAGE" on the said land in accordance with the plane and

specifications approved by the planning Authority of NMMC vide its letter No.

NMMC/TPD/BP/XXXXX/XX/XXX, dated XX/XX/200X, subject to such

modification or modifications and verification that may be required to be made

by the party of First part.

10. AND WHEREAS M/s XXXXX after construction of building “XXX HERITAGE”

sold above mentioned flat to 1) MRS. XXXXX and 2) MR.XXXXX vide serial

number. XX of XxXX dated XX.XX.XXXX THEN party of First part has

purchased a Flat bearing No.XXX, on 4th Floor, Admeasuring about 653 sq.ft

built up, building known as XXX XXXX, standing on plot No.XX, in 12.5% (G.E)

Scheme, in sector-XX , situated XXXX Village, XXXXX X, Navi Mumbai, Tal &
 Dist. Thane. From 1) MRS. XXXX and 2) MR.XXXX, Vide Agreement for sale

dated 21st AUGEST 2007, duly registered with sub-registered of Assurance at

Thane -3, under Serial NO. XXXX dated XX/XX/200x.

11. AND WHEREAS The party of First part i.e. the seller is lawfully owner of Flat

bearing No.XXX, on the 4th Floor, Admeasuring about 653 sq.ft built

up, building known as XXXX HERITAGE, standing on Plot No.XX, in

12.5% (G. E) Scheme, in Sector-12D, situated at XXXXX, XXX Mumbai

Tal & Dist Thane.

12. AND WHEREAS The purchaser has taken inspection of said Agreement to lease

Dated X/XX/XXXX, and Tripartite Agreement dated XX/XXX/XXX, and other

documents has appraised themselves of all the terms and conditions and has also

taken the inspection of all deeds, documents and other papers as also the plans

and fully satisfied themselves about the same as also the title of said Flat.

13. AND WHEREAS the party of the First part has agreed to sell and the party of the

second part has agreed to purchase the above said Flat bearing No.XXX, on

4th Floor, Admeasuring about 653 sq.ft Built up, Building known as XXX

HERITAGE, standing on plot No.XX, in 12.5 %(G.E) scheme, in sector-X,

situated at XXX Village, xXXX, Navi Mumbai, on the terms and conditions

hereinafter contained and mentioned in agreement for sale.

 NOW THESE PRESENT WITNESSETH AND IT IS HERE

AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:-

14. This Agreement shall always be subject to the provision contained in the

Maharashtra Ownership Flat Act 1963, and the Maharashtra Ownership Flats

Rules 1964 or any amendment there in or re-enactment thereof for the time being

in force or any other provision of law applicable from time to time. Under the

provisions contained in the Maharashtra Ownership Flats Act, 1963, the

Promoters ate the promoters under the Maharashtra Ownership Act, 1963 and all

references herein shall be read and construed accordingly.

15. The party of Second part has approached and requested to the sellers to transfer

all their rights, title and interest whatsoever in the said agreement hereinafter for

certain consideration.

16. The sellers are absolutely seized and possessed of or otherwise well and

sufficiently entitled the said Flat bearing No.XXX, on 4th Floor,

Admeasuring about xx sq. ft. Built up, Building known as XXX

HERITAGE, standing on plot no.2A, in 12.5% (G.E) Scheme, in sector-X,

situated at XXXX X, X, Navi Mumbai, Tal & Dist. Thane.

17. The Transferors are legally entitled to the said Premises and the said shares

together with benefits attached to it and that neither the Transferors herein

either personally or through any of their 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 Premises

NOW THIS AGREEMENT IS WITNESS AS FOLLOW

1. The purchasers purchased and the sellers have sold the above said flat bearing

No.XX, on Xth floor, Admeasuring 653 sq.ft Built up, building known

as XX HERITAGE, standing on Plot No.XX, in 12.5% (G.E) scheme in

Sector-X situated at X Village, X, Navi Mumbai, Tal & Dist Thane, with all

fittings of electricity, sanitary fittings and built up fixtures to the Purchaser for

the consideration for sum of Rs.XXX,000 (Rupee FX lakhs and X Thousand

only) being the sale price in full agreed and paid by the purchasers to sellers .

2. The purchaser have paid to the sellers full consideration sum of Rs.X, X,000

(Rupee X lakhs and X Thousand only) to the sellers in following manner.

a. An Amount of Rs.X, 00,000/-(Rupees One lakh only) is paid by

the purchaser to the seller by cheque no.x, drawn on State bank of

India, Goregaon (East) dated XX/XX/XXXX.

b. An Amount of Rs.X, 00,000/-(Rupees X lakh only) is paid by the

purchaser to the seller by cheque no.XX, drawn on State bank of

 India, X (East) dated X/X/20XXX, towards part payment on the

execution of this agreement(the receipt thereof the sellers both hereby

acknowledged).

c. Also as per Income Tax Act an amount of Rs.XXX00/-(Rupees X

thousand and X hundred only) is deducted 1% TDS (Tax

Deducted at source) on entire transaction and handed over the TDS

certificate to sellers by the purchasers.(provide Challan copy or

details)

d. Which was agreed between the parties that balance loan amount will be

paid by purchasers, and same will be deducted from agreed

consideration amount hence previous loan outstanding amount of Rs.

X, X, XXX.00 (Rupees X Lac X thousand X Hundred and X

only) was paid from the loan taken by SECOUND PART from ICICI

Bank by directly payment to HDFC Bank loan account which

was balance loan amount of preceding owner i.e FIRST PART via

cheque no.XX dated Xx August XXXX.

e. After adjustment of all above payments, the balance amount of Rs. X /-

(Rupees X X X and X hundred and X only) is paid by the

purchaser to the seller Mr. XXX through cheque no. XX, drawn on

State bank of India, Goregaon (East) dated XX/X/XXX, towards part

payment on the execution of this agreement.

 f. And an Amount of Rs.XXXX(Rupees X XX thousand and X

only) is paid by the purchaser to the seller Mrs. XXX by cheque

no. XXXX, drawn on State bank of India, XXX (East) dated

XX/XX/XXX. Being the full and final payment on the execution of

this sale Deed (the receipt whereof the sellers hereby admits and

acknowledge and of and from the same and every part thereof do

hereby admits, release and discharges the Purchasers forever).

3. The Sellers agrees to clear all the outstanding dues pending against the above

said flat i.e. of CIDCO, NMMC, Society transfer charges and MSEB or any

other concerning authorities till handing over possession of said flat to the

purchaser.

4. The purchaser will pay all the charges, expenses, costs, and taxes etc.

whatsoever in respect of said flat from the date of possession taken over by

them from the party of the first part. And it is also agreed by the purchasers

that stamp duty, registration charges and other expenses for the transfer of

above said premises will be borne by the purchaser only.

5. The seller shall give up their occupancy right and other rights, and interest in

respect of the said Flat, after receiving the consideration amount as

mentioned.

6. The sellers has declare that they have full rights and absolute authority to

assign and transfer the ownership, title and interest in the said flat.

7. The sellers have agree to deliver all necessary receipt sand original documents

and papers in respect of the said flat to the purchases at the time of execution
 and completion of documents and it is also agreed by and between parties

that sale deed will be executed and registered between the parties at the time

of full and final payment.

8. The Transferors have obtained the necessary permission from the said society

to transfer all their rights, title, claim, interest and benefits whatsoever

enjoyed by the Transferors including the shares, deposits, if any, in favour of

the Transferee and shall co-operate for further assuring in law and for better

and more perfectly transferring all the rights, interest and benefits of the

Transferors in respect of the said Premises unto the Transferee for exclusive

use of Transferee thereof as aforesaid.

9. The sellers declare that they have full right and absolute authority to assign

and transfer the ownership, title and interest in the said premises. And

further it is declared that the sellers have in no way created any charge, claim

encumbrances upon or against the said premises nor they have mortgaged the

same to anybody or have dealt with the same in any other manner which is

pending and the sellers shall indemnify all such claims, objections

encumbrances at their own cost and risk.

10. The Transferors further state and declare that they have paid the full

consideration in respect of the said Premises and nothing is due and payable

by them.

11. The sellers shall pay and discharge all their obligation in respect of the said

flat up to date of handing over possession to the purchasers. The sellers

undertake to any provide further or other papers or documents available with

 them, which may be necessary in future to transfer the flat in the name of the

purchasers without raising any objection.

12. The party of the first part shall at all-time thereafter at the cost of and request

of the purchasers execute any documents as the purchaser may require for

more perfectly ensuring unto and to the said purchasers all the rights, title

and interest of the sellers in the said agreement and upon the said flat

thereunder.

SCHEDULE OF LAND

ALL THAT PIECE of land known as Plot No.XX, Sector-XX, Admeasuring XX sq.

Mtrs, situated lying and being at XXX, or thereabout under 12.5% scheme Tal & Dist.

Thane and bounded as follows:-

THAT IS TO SAY

ON THE NORTH BY : XX Mtrs. Wide Road.

ON THE SOUTH BY : Plot No.XX

ON THE EAST BY : XXX building

ON THE WEST BY : Plot XX

 SCHEDULE OF FLAT

Flat bearing No.XX, on 4th Floor, Admeasuring about XXX Sq. Ft Built up,

building known as XXX HERITAGE, standing on Plot No.XX, in 12.5% (G.E)

Scheme, in Sector-XXX, situated at XXX Village, X X, Navi Mumbai, Tal. Dist.

Thane.

ON THE NORTH BY :

ON THE SOUTH BY :

ON THE EAST BY :

ON THE WEST BY :

IN WITNESS WEREOF THE parties hereto have in subscribed their respective hands on

the day and year first herein above mentioned.

SIGNED SEALED AND DELIVERED BY THE

Within named “SELLERS”

MR. XXX
MRS. XXX

In the presence of …………………..

1)

2)

SINGED SEALED AND DELIVERED BY THE

Within named “PURCHASERS”

MR. XXX

MR. XXX

In the presence of………………..

1)

2)
 RECEIPT

I MR. X AND Mrs. X, sellers of the property confirmed that we have received full

and final payment towards said property with thanks a sum of Rs.X/-(Rupees X

Lakhs X thousand Only) from the within named PURCHASER, i.e. the party of

the second part MR. XXX & MR. XXX, payment and property details are

mentioned below. Sale of Flat bearing No.X, on X floor, building known as X

HERITAGE standing on Plot No.2A, in 12.5%(G.E) Scheme, in Sector-X, situated

at X village, X X, Navi Mumbai Tal & Dist Thane.

Mode of Payment:

Payment Bank Branch

Dated Cheque No. Made To Name Name Amount

      Total  

WE SAY RCEEIVED
 MR. SANTOSH PARMESHWARAN NAIR

MRS. XXX

Witness:
1.

2.