Sale Deed

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SALE DEED

THIS SALE DEED is made and entered into at Mumbai this _____ day of September

2007 between Mr. Rajshekhar Vinayak Govilkar adult Indian inhabitant

residing at

__________________________________________________________________

hereinafter referred to as the “VENDOR” (which expression shall unless repugnant

to the context or meaning thereof shall mean and deem to mean and include

their heirs, executors, assigns, administrators and successors, etc) of the One part;

AND

Mr Prithwis Bhabani Krishna Datta , adult Indian inhabitant residing at 301,

Krishna Kunj, 6th Road, Santacrua (E) Mumbai 400055 hereinafter referred

to as the “PURCHASER” (which expression shall unless repugnant to the context

or meaning thereof shall mean and include her heirs, executors, successors,

administrators and assigns) of the Other part.

WHEREAS ;

1. The Vendor is seized and possessed and/or is sufficiently entitled to the Flat No.

303 A, adm. 388 sq. ft. carpet area situate on the 3rd floor in wing A of the building

named Cascade - 2, Kulupwadi Road, CTS no. 518-A/3 (part), Village Kanheri,

Borivali (E), Mumbai 400066 (hereinafter referred to as the "said Premises").


2. The Vendor has purchased the said premises under an Agreement for Sale dated

30/12/1999 duly stamped and registered from Ivory Properties and Hotels Ltd.

3. The Vendor is desirous to sell and transfer the said Premises and the Purchaser

expressed their desire to purchase the same and after negotiations the Vendor has

agreed to sell and Purchaser has agreed to purchase the said Premises with all

incidental benefits and right, title, interest, claim, estate, possession and property

rights in respect thereof at law, equity and otherwise at or for the lump-sum price

of Rs. 19, 56, 225/- (Rupees Nineteen Lac Fifty Six thousand Two

hundred and Twenty Five only) payable to the Vendor with vacant and peaceful

possession of the said premises with said benefits with legal right to have and call

for all relevant deeds, documents, papers and writings from the Vendor.

4. Now the parties are desirous of executing this regular sale agreement in respect

of the said Premises and accordingly the parties have hereby mutually agreed upon

certain terms, conditions, stipulations & covenants in that behalf as hereinafter

appearing:

NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED,

CONFIRMED

AND RECORDED BY AND BETWEEN THE PARTIES HERETO AS UNDER:


1. In consideration of the sum of Rs. 19, 56, 225/- (Rupees Nineteen Lac Fifty

Six thousand Two hundred and Twenty Five only) paid by the purchaser to

the Vendor (receipt whereof the Vendor doth hereby admit) he the Vendor doth

hereby sell, transfer, assign and assure to the Purchaser and the Purchaser hereby

purchase and acquire the said Premises Viz. Flat No. 303 A, adm. 388 sq. ft. carpet

situate on the 3rd floor in wing A of the building named Cascade - 2, Kulupwadi Road,

CTS no. 518-A/3 (part), Village Kanheri, Borivali (E), Mumbai 400066 more

particularly described in the schedule herein under written from the Vendor and the

Vendor shall immediately put the Purchaser in vacant possession of the said

Premises and shall surrender their right, title and interest in favour of the Purchaser

and the Purchaser shall be entitled to quietly enter upon, leave, hold, occupy,

possess and enjoy the said premises together with the fittings, fixtures and other

amenities provided by the Vendor.

2. The Vendor undertakes to handover all the original documents relating to the

title of the said Premises in his possession and other forms and documents duly

signed, executed and endorsed to the Purchaser including forms/applications to be

sent to BSES / Reliance Energy and other statutory Authorities, for better and more

perfectly transferring the right title and interest and benefits to the said Premises

and every part thereof to the Purchaser, on the execution & registration of the

Agreement of Sale/Sale Deed. The Purchaser shall provide necessary assistance to

Vendor to give effect as to what is stated herein above.


3. It is agreed between the parties that if there is any delay or default on the part of

the Vendor in performing his part of the contract then the Purchaser shall be entitled

to specific performance of this Agreement together with right to claim costs, charges

and expenses and losses from the Vendor.

4. The Vendor covenants with the Purchaser that he is the absolute owner of the

said Premises and no other person or persons has or have any right, title, interest or

claim or demand of any nature whatsoever in or upon the said Premises 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 Purchaser.

5. The Vendor further covenants with the Purchaser that he has not created any

charge or encumbrance of whatsoever nature on the said Premises nor are the same

or any of them the subject matter of any litigation or stay order nor are the same or

any of them the subject matter of any attachment whatsoever (whether before or

after judgment) or any prohibitory order and they have not created any adverse right

whatsoever in favour of any one in respect of the same or any of them.

6. The Vendor also declares that neither the 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 Vendor from selling or disposing

of the said Premises or any part thereof in any manner whatsoever.


7. That the Vendor has not received any notice from the Municipal Corporation of

Greater Mumbai and/or Government and/or any other statutory body or authority

for acquisition or requisition of the said Premises.

8. The Vendor hereby undertake to indemnify and keep indemnified the Purchaser

against all claims, demands, proceedings, costs and expenses in connection with any

liability which the Purchaser may have to suffer or incur due to the claims from Govt.

authorities, Stamp authority, Sub-Registrar, competent authorities and/or any third

party relating to the said Premises and the costs, charges and expenses that may be

incurred or suffered by the Purchaser for defending such claims, demands, actions or

proceedings.

9. The Vendor hereby transfer/consent to transfer in the name of the Purchaser all

amounts or deposits standing to the credit of the Vendor if any in the records of the

Builder/Association and/or the deposit with the concerned authorities or with the

local authorities, BSES / Reliance Energy or Municipal Corporation or Government

Departments in respect of the said Premises.

10. The Vendor shall hand over to the Purchaser all those relevant papers,

documents in his possession and control relating to the said Premises immediately

on the execution & registration of this agreement and shall also sign such other

papers, applications, forms and declarations as may be required by the said

Purchaser from time to time for effectual transfer of the said Premises in the name of

the Purchaser.
11. The Vendor hereby declares that the said Premises is the self acquired property of

himself and that no one else except he has any right, title and interest in respect of

the said Premises and the Purchaser shall after execution of this presents shall

quietly and peacefully possess and occupy and enjoy the said Premises without any

let, hindrance, denial, demand, interruption or eviction by the Vendor or any other

person lawfully or equitably claiming through, under or in trust for the Vendor.

12. The Vendor hereby covenants with the Purchaser that he shall pay to the

Builder/Association all their shares of taxes and outgoings, monthly maintenance

charges etc. up to handing over the possession of the said Premises to the Purchaser.

13. It is also agreed by and between the parties that the Stamp Duty and registration

charges in respect of the present agreement shall be borne and paid by the Purchaser

alone.

SCHEDULE

Flat No. 303 A, adm. 388 sq. ft. carpet situate on the 3rd floor in wing A of the building named

Cascade - 2, Kulupwadi Road, CTS no. 518-A/3 (part), Village Kanheri, Borivali (E), Mumbai

400066

SIGNED & DELIVERED FOR & )


ON BEHALF OF the within )

named Vendor MR. RAJSHEKHAR )

VINAYAK GOVILKAR )

WITNESS :

_____________________

_____________________

SIGNED & DELIVERED by the )

withinnamed Purchaser, MR. PRITHWIS )

BHABANI KRISHNA DATTA )

WITNESS

________________________

________________________
RECEIPT

RECEIVED from the within named Purchaser a sum of Rs. 19, 56, 225/- (Rupees Nineteen

Lac Fifty Six thousand Two hundred and Twenty Five only) being full and final sale

consideration in respect of Flat No. 303 A, adm. 388 sq. ft. carpet situate on the 3 rd floor in wing

A of the building named Cascade - 2, CTS no. 518-A/3 (part), Village Kanheri, Borivali (E),

Mumbai 400066 by Cheque No.__________ dated _____________ drawn on

____________ Bank.

I say Received.

Mr. Rajshekhar Vinayak Govilkar

Witnesses:
1)____________________

2) ___________________

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