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203 Sale Deed Draft
203 Sale Deed Draft
203 Sale Deed Draft
BETWEEN
Purchaser:
Tejalben Jagdishbhai Makwana, Age: 54 years, Occupation:
Housewife, Pan No.: EFVPM7949G, Residing at A-1, Kanchanlal no
Bhattho, Opp. E S I Hospital, Gotri Road, Vadodara-390021. (Hereinafter
will be referred to (jointly) as “the Purchasers” the party of the First Part,
which expression shall mean and include all his/her/their successors,
executors, administrators, assignees, etc.)
AND
Seller:
Sophisticated Transport Services Pvt Ltd, a Registered under the
Companies Act 1956 having Registered office address at 74/80, BABU
GENU RD SOURI BLDG 3RD FLR, KALBADEVI RD, MUMBAI,
MAHARASHTRA-400002 (PAN No.: AAACS6146E) representing
through its Authorized Director Pratik Shirishbhai Pathak Age: 55 years,
Occupation: business, residing at 302, Anjali,26 Vihar Society, Opp. R.C.Patel Estate,
Akota, Vadodara-390020. PAN NO.: AAZPP2001K (hereinafter referred to as the
“OWNER/SELLER/VENDOR” which expression shall unless, repugnant
and opposed to context hereof include their partners, heirs, administrators,
and assigns on the Second Part) which as under:
WHEREAS the Owner/Seller, the party of the Second part is well and
sufficiently entitled to the properties being The Land admeasuring 557.62
Sq. Mtrs., Plot bearing Sub-Plot No.11, FP 165, TP Scheme No.2, land R.S
No. 83/1 Moje Village Gorwa, Vadodara. Which is more particularly
described in the Schedule I hereunder
WHEREAS the Owner/Seller, the party of the Second Part, has purchased
the property being The Land admeasuring 557.62 Sq. Mtrs. o Plot bearing
Sub-Plot No.11, FP 165, TP Scheme No.2, land R.S No. 83/1 Moje Village
Gorwa, Vadodara from its earlier Owner Smt. Ushaben Sanghavi on Dt.
22.01.1993 by registered Sale-deed vide Registration Entry No. 1002 and
thus, the present Owner/Seller became the absolute owner of the said
properties and as on today are in occupation and possession of the said
properties as true and lawful owner without any charge lien or
encumbrances and that the name of the Owner/Seller has been mutated and
entered into all City Survey Records
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WHEREAS the Seller are willing and desirous of developing the said
property by making provision for the construction of Residential
Apartments of premium flats with all latest amenities. Therefore, the Seller
has also obtained the Construction Permission as per approved lay-out plan
in respect of the subject properties from Vadodara Mahanagar Seva Sadan
vide Permission No. 85/ 2021-2022, dated 07/01/2022 for construction of
13 Nos. of flats on First Floor to Fifth Floor.
WHEREAS the party of the First Part has shown their readiness and
willingness to purchase the Residential Flat No.: 203, at Shubham Aura,
having Carpet area of 99.40 Sq.Mt. equivalent to 1069.94 Sq. Ft. and Super
Built up area 152.31 Sq.Mt. equivalent to 1637 Sq.Ft. including rights and
ways attached thereto and belonging to the said property as a part and parcel
thereof including undivided right in the Land of the SHUBHAM AURA,
more particularly described in the Schedule II hereunder. And the party of
the Second Part has agreed to sell the said property to the Party of the First
Part and the terms and condition of this Sale-deed are bindings to the
present parties.
AND WHEREAS the Purchaser i.e., the Party of the First Part has agreed
to purchase the above referred property from the Seller i.e., the party of the
Second Part by executing this Sale Deed in his/their favor as under:
2. Thus, The Party of the Second Part i.e., the Seller hereby acknowledges the
receipt of the above consideration from the Purchaser. In consideration
thereof the Seller has sold the property particularly described in the
Schedule II hereunder together with all the rights, ways, liberties,
privileges, easements and other appurtenances in common whatsoever
together with right in the undivided land of Internal roads of the said
The Seller The Purchaser
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3. The Seller do hereby convey and transfers by way of sale and absolutely
assign unto the Purchaser/s forever all the rights, titles and interest of the
Seller whatsoever at law or otherwise in the said property together with
light, liberties, accesses, ways, waters, water courses, privileges, easements,
path, passages, advantages, rights and appurtenance together with all the
common amenities in the said premises to hold the same and to the use of
the Purchaser forever. Thus, all the rights of the Sellers have been
transferred to the Purchaser by this Sale Deed.
4. The Seller does hereby covenants with the Purchaser that notwithstanding
any act, deed, matter or thing by the Seller done, executed, omitted or
knowingly suffered to the contrary, the Seller now has good title, right, full
power and absolute authority to sell, transfer, convey and absolutely assign
the said premises unto and to the use of the Purchaser in the manner
aforesaid and that the said premises and every part thereof shall remain and
be to the use of the Purchaser in the manner aforesaid and shall be quietly
entered into, upon, held and enjoyed and profits received thereon by the
Purchaser without any interruption or disturbance by the Sellers or any
other person or persons claiming through or under it and without any
disturbance or interruption by any other person whatsoever.
5. The Seller hereby declares that there are no encumbrances, charges, lien,
attachment, claim or demands whatsoever and the property is not the
subject matter of any suit or litigation and the Seller further declares that
the Seller shall at all-time indemnify and keep indemnified the Purchaser
and make good the loss suffered by the Purchaser on account of any defect,
flaw or deficiency in the title of the Seller to the said property or in the
description extent or other particulars of the said property.
6. The Seller hereby declares that all the dues as to the taxes, electricity
charges, land revenues, rates, fees etc. in respect of the said property are
fully paid as on today. If any dues are remaining, the same shall be
discharged by the Sellers up to the date of this sale deed and hereinafter, it
shall be liability of the Purchaser to pay taxes, electricity charges, rates,
fees, etc. of municipality and local authorities and Government.
7. The Seller hereby declares that there is no loan of any Bank or other
financial institutions against the said property. It is further declared that no
adverse doing of any kind exists against the said property. The Seller hereby
declares that the title deeds, documents, writings in respect of the said
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8. The Seller has made full and true disclosure of the nature of their rights in
the said property as well as encumbrances, if any, including any right, title
or claim on the said property.
9. The Seller shall also by executing this sale deed have given consent to take
new Water connection, Drainage connection, Electricity connection, etc. in
the name of the Purchaser and if required, shall execute necessary
documents in this behalf. Also, now on the basis of this present deed, the
Purchaser has become the owner of the said property and the Seller hereby
undertakes to execute necessary documents for effectually transferring the
said property in the name of the Purchaser at all places including records of
Vadodara Mahanagar Seva Sadan, City Survey Office, and other local
Government and Revenue Offices.
10. The Vendor has registered the Project under provisions of the Real Estate
(Regulations and Development) Act, 2016 (Act) and rules made there under
with Real Estate Regulatory Authority (RERA) at Gandhinagar Gujarat
having registration no.
PR/GJ/VADODARA/VADODARA/Others/RAA06206/211019.
11. Within a period of five years from the date of handing over the possession
of the said Premises to the Flat Purchaser(s), the Purchaser(s) or the Society
as the case may be brings to the notice of the Vendor any structural defect
or any defects on account of workmanship, quality or provision of service,
then, wherever possible such defects shall be rectified by the Promoter at
his own cost and in case it is not possible to rectify such defects, then the
Purchaser(s) shall be entitled to receive from the Vendor, compensation for
such defect in the manner as provided under the Act.
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5. That the expenses of and incidental to this Sale Deed such as Stamp Duty,
Registration Fees, Service Tax, GST, VAT, Advocate Fees and other
miscellaneous expenses, shall be payable by the Purchaser only.
6. The Purchaser(s) shall not use the Premises for any purpose other than
Residential purpose or any other activities, as the case may be, without prior
written permission of the Promoters/ co-operative society/ limited
company, as the case may be, and of the local authorities. The Purchaser(s)
shall also not use the Car Parking(s) allotted to him/her/they for any other
purpose other than for parking vehicle(s).
10. TO PERMIT the Promoters and their surveyors and agents, with or without
workmen and others, at all reasonable times, to enter into and upon the said
Building or any part thereof to view and examine the state and condition of
the building and common areas;
12. NOT TO AFFIX any sign boards, neon lights or advertisements either on
the terrace or on the exterior of the building or on the compound wall or
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otherwise in and or upon the Land and not to fix any grills outside the
Premises;
14. NOT TO STORE in the Premises any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the Building or storing of which goods is
objected to by the concerned local or other authority, and not to carry or
cause to be carried heavy packages to upper floors which may damage or
likely to damage the staircase, common passages or any other structure of
the Building, including entrances of the Building; and in case any damage
is caused on account of negligence or default of the Purchaser(s) in this
behalf, the Purchaser(s) shall be liable for the consequences of the breach
and for rectifying such damage and restoring the damaged portion to its
original condition and to keep the Vendor, occupants/Purchasers of the
premises of the Building indemnified from and against any loss, damage or
liability that may be caused or occur by aforementioned acts or negligence
in respect thereof;
15. TO CARRY OUT, at his/her/their own cost, all internal repairs to the
Premises and maintain the same in the same condition, state and order in
which it was delivered by the Vendor to the Purchaser(s) and shall not do
or suffer to be done anything in or to the building or in respect of the
Premises, which may be in contravention of the rules and regulations of the
concerned local authority or any other public authority. In the event of the
Purchaser(s) committing any act in contravention of the above provision,
the Purchaser(s) shall be solely responsible and liable for the consequences
thereof to the concerned local authority and/or other public authority;
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17. NOT TO THROW dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the Premises in the compound or in any portion of
the Land and the Building;
18. NOT TO KEEP anything in the common passage, staircases, terraces, walls
or any other common place and not to hang any sign boards, hoardings,
name boards etc. in passage or inner or outer wall of the building;
20. NOT TO USE the refuge area provided in the building for any purpose
whatsoever as the same is exclusively provided for a refuge in case of fire
in the building;
21. NOT TO DO any act or deed which shall be in violation of the terms and
conditions attached to the various sanctions/approvals/NOCs etc. set out in
the recitals hereinabove;
22. TO STRICTLY comply with the bye-laws, rules and regulations of the
Society and applicable law and SHALL OBSERVE and perform and abide
by all the stipulations and conditions laid down by the Society regarding
the occupation and use of the said Premises and common area and shall pay
and contribute regularly and punctually towards the taxes and/or expenses
and other outgoings in accordance with the bye-laws, rules and regulations
of the Society.
23. NOT TO OBJECT AND CONSENT for any variations in color, size and
design etc. of the tiles, marble, granite, stones or any other construction
material provided in the premises during repairs/replacement which are
beyond control of the Vendor.
24. The Purchaser along with other Purchaser(s)s of Apartments in the building
shall join in forming and registering the Society or Association to be known
by such name as the Promoter may decide and for this purpose also from
time to time sign and execute the application for registration and/or
membership and the other papers and documents necessary for the
formation and registration of the Society or Association and for becoming
a member, including the bye-laws of the proposed Society and duly fill in,
sign and return to the Promoter within seven days of the same being
forwarded by the Promoter to the Purchaser, so as to enable the Promoter
to register the common organization of Purchaser. No objection shall be
taken by the Purchaser if any, changes or modifications are made in the
draft bye-laws, or the Memorandum and/or Articles of Association, as may
be required by the Registrar of Co-operative Societies, as the case may be,
or any other Competent Authority.
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25. At the time of execution of the conveyance deed of the structure to the
association of Purchasers the Promoter shall handover lawful, vacant,
peaceful, physical possession of the Common areas of the Structure to the
Association of the Purchasers.
26. The Promoter/ Vendor has absolutely sold, conveyed and transferred the
premise/ Apartment/ Flat No.203 to the Purchaser under this Sale and no
payment is pending to made/ paid to the Promoter/ Seller and also no
compliance is pending to be complied by the Purchaser. The Purchaser shall
and may at all times peacefully, quietly enter upon, occupy, possess and use
and enjoy the said premises/ Apartment/ Flat hereditaments easement and
benefits appurtenant to it and receive the rents, issues, profits and benefits
thereof and of every part thereof to and for its/ his own use and benefit
without any suit eviction interruption, claim or demand whatsoever from or
by the Vendor/ Promoter or by any person or persons lawfully or equitably
claiming by, from, under or in trust for the Vendor/ Promoter.
27. SEVERABILITY: -
If any provision of this Deed shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made thereunder
or under other applicable laws, such provisions of the Deed shall be deemed
amended or deleted in so far as reasonably inconsistent with the purpose of
this Deed and to the extent necessary to conform to Act or the Rules and
Regulations made thereunder or the applicable law, as the case may be, and
the remaining provisions of this Deed shall remain valid and enforceable as
applicable at the time of execution of this Deed.
29. After receipt of BU Permission or sale deed all future FSI belongs to
Association of Allotee only and then after promoter has no right in that
FSI. The promoter shall not have any claim over F.S.I., additional
F.S.I. and Terrace rights after Building Use Permission has been
obtained. Such rights if any will be enclosed by the society of buyer.
30. The said land/ premises/ Apartment/ Flat fall under the disturbed area and
hence the provisions of Gujarat Prohibition of Transfer of Immovable
Property and Provision for Protection of Tenants from Eviction from
Premises in Disturbed Areas Act, 1991 are applicable.
31. The Vendor has provided Common areas facility and Specifications as
Mentioned in the Schedule-III.
The Seller The Purchaser
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SCHEDULE II
The property being Flat No. 203 admeasuring 99.40 Sq. Mtrs is equivalent
to 1069.94 Sq. Ft. Carpet Area and Super Built-up area 152.31 Sq. Mtr. Is
equivalent to 1637 Sq. Ft. situated on 2nd Floor of “SHUBHAM AURA”
along with right to park one car and common amenities like terrace garden,
roof-top solar panel space allotted to each flat in the apartment and all the
rights and ways attached thereto and belonging to the said property as a part
and parcel thereof along with appurtenances thereto situated over the Land
Admeasuring 557.62 Sq Mtrs. Plot bearing Sub-Plot No.11, FP 165, TP
Scheme No.2, land R.S No. 83/1 Moje Village Gorwa, Vadodara., and
bounded as under:
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Schedule-III
Specification & Common Area Facilities:
1. Electrical & Air Conditioner Piping
* Premium Modular Switches
* Provision for Air-Conditioner
* Electric Geyser
* Concealed Electrical Wiring in Conduits
2. Floor & Ceiling
* Vitrified Tiles Flooring
* Homogeneous Ceramic Tiles in Toilets
3. Paints
* Internal Wall Finish Acrylic Emulsion Paint
* External Wall Finish with Texture Paint
4. Sanitary Fittings
* Premium Designer Bathroom with Bath Fittings
5. Kitchen
* RO Water Purifying System
* Granite Platform with C.P Fitting and S.S Sink
6. Parking
* Allotted Car Parking for Each Flat
* Reinforced Concrete with Hardener/ Paver Blocks
7. Elevators
* State of the Art Automatic Door Closing Elevator
8. Doors & Windows
* Designer Main Door
* Internal Flush Doors with Both Side Laminate and Mortise Locks
* Natural Stone Sill and Colored Anodized Aluminum Windows
9. Other Common Facilities
* Video Door Phone with Centralized Locking System
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THIS SALE DEED is executed by and between the parties at Baroda on this ______
Day of March 2024 and the same shall be binding to the parties and their
heirs, coparceners, successors, administrators, executors, assignees etc.
“The Sellers”
_______________________________
Sophisticated Transport Services Pvt. Ltd.
Through its Authorised Signatory
Pratik Shirishbhai Pathak
Witness:
___________________________
1. Name: SUKETU KIRANCHANDR BHATT
___________________________
2. Name: RAMESHBHAI RASIKBHAI PADHIYAR
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SCHEDULE
As per the Registration Act 1908 Rule 32 A as Under
The Purchaser & The Seller
Signed, Sealed & Delivered
By the Within Named
=============================
Tejalben Jagdishbhai Makwana
=============================
Sophisticated Transport
Services Pvt. Ltd. Through its
Authorised Signatory Pratik Shirishbhai
Pathak
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Sr. Reply
No. Question Yes/ No
Questions to be asked to Vendor, Consenter or their POA
As stated in deed, for Flat No. 203, Shubham Aura in Land admeasuring
1 557.62 Sq. Mtrs. o Plot bearing Sub-Plot No.11, FP 165, TP Scheme Yes
No.2, land R.S No. 83/1 Moje Village Gorwa?
As Stated In Deed, The deed for property Flat No. 203 admeasuring
2 99.40 Sq. Mtrs is equivalent to 1069.94 Sq. Ft. Carpet Area and Super Yes
Built up area 152.31 Sq. Mtr. Is equivalent to 1637 Sq. Ft. situated on
2nd Floor of “SHUBHAM AURA” is made?
Consideration amount of Rs. 53,00,000/- Only as per details mentioned
3 in the Deed has been received? Yes
The details mentioned in the deed have been read, caused reading,
4 understanding and signed made yourself is admitted by you? Yes
Donor of Power of Attorney is alive on the date of deed? Not
5 Applicable
In the Power of Attorney Deed, person donating power of attorney has Not
6 signed/made TI? Applicable
The deed of Power of Attorney is in force on the date of deed? Not
7 Applicable
For giving Identification, have you brought persons known to you? Yes
8
Questions to be asked to identifiers
1 Writer person/s of the deed who have given admission, you do know Yes
them personally?
2 Name written in the deed and persons/s giving admission are same Yes
person?
3 Do you give assurance that no person has given admission by holding Yes
false name?
“The Sellers”
_______________________________________
Sophisticated Transport Services Pvt. Ltd.
Through its Authorised Signatory Pratik Shirishbhai Pathak
Witness:
1.____________________________ 2. ___________________________
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