AGREEMENT TO SALE Suresh

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THIS AGREEMENT OF SALE is made and executed on this the 23rd Day of March Two

Thousand and Twenty Four (23.03.2024) at Nagpur.


BETWEEN:
MR. SURESH BHASKAR RAO DONGRE, aged about 72 Years
(Aadhaar No.821592655520 – Pan Card No. ADDPD8749H)
S/O Sri.Bhaskar Rao Narayan Rao Dongre
Residing at Plot No.53, Door No.4, Vallalar 3rd Cross Street, Chellinagar CHENNAI,
Sembakkam, Kancheepuram, TamilNadu - 600073.
Hereinafter referred to as the VENDOR Which expression shall unless repugnant to the context
deem to include their heirs, legal representatives, administrators, executors, assignees etc of ONE
PART.
IN FAVOUR OF
MR. KALPESH PANJABRAO BHARAMBE aged about 44 years
(Aadhaar No.600871926646 – Pan No.AJWPB1237H)
S/O Mr. Panjabrao Bharambe
And
MRS. RUPALI KALPESH BHARAMBE aged about 40 Years
(Aadhaar No. 604499153549 – Pan No. ANDPP2399H)
W/O Sri. KALPESH PANJABRAO BHARAMBE
Both resident of Plot No.79 Flat 301 Shree Radhe Apartment Pannase Layout, Indraprast Nagar
Ranapratap Nagar, Nagpur, Maharashtra -440022.
Hereinafter referred to as the PURCHASERS (Which expression shall unless excluded by or
repugnant to the context deem to include their heirs, legal representatives, administrators,
executors, assignees etc...) of OTHER PART.
WITNESSETH AS FOLLOWS:
WHEREAS, the VENDOR are the absolute joint Owner of the premises house No.4052/85,
Perfect Co-Operative Housing Society Limited, Nagpur Layout, Owned by Nagpur Municipal
Corporation and Nagpur Improvement Trust, Asun Mouza Bhamti, District Nagpur P.H.Co. 44b
No. Plot Number between 50/1 and 50/2. 85 Yachi Length 18 mtrs width 15 mtrs Total 270 sq
Mtrs. Its City Survey No. 176 and 177/1, sheet No.281/32 and 288/483 are its quadrangle.
WHEREAS, THE Schedule premises house was built on a plot developed by an organization.
The history and details of the purchase is given below.
Seller Organization
Perfect Co-Operative Housing Society Limited, Nagpur is an organization registered under the
Maharashtra Co-Operative Societies Act 1960. NGP/HSG/263/1967 dated 11-11-1967 on behalf
of Chairman Shri. Krishnarao Gangatrao Barskar, age 76 Years, Profession Retired, living in
Plot No.53, Pratap Nagar, Nagpur Tehsil and District Nagpur
The Seller Organization, (Perfect Co-Operative Society Limited, Nagpur) the buyer’s
association’s memorandum states that:
1. Buyer Councilor Shri SURESH BHASKARRAO DONGRE is a member of Perfect Co-
Operative Housing Society Limited, Nagpur.
2. Khasra No.Purchased by the selling Organization. 50/1 and 50/2 p. H.No.44, Mauza
Bhamti Tehsil and Nagpur District Improvement Trust and Nagpur Municipal
Corporation’s Boundary Land Development Organization’s Owner Asun Plot No.85 in
the layout prepared by that organization with a total area of 270 square Meter and more
complete description is given in the appendix below. The Selling organization had
decided tosell the buyer’s membership card at a cost as per the resolution of the executive
board. According to this the buyer membership organization has to pay the same amount
as per the due date and on the date of completion of filing of the membership card, the
selling organization is valid. However, if the selling organization undertakes the work of
layout development or demand, the buyer has agreed to pay the amount to the council
organization and it is accepted that such giving will retain the first right (first charge) on
the sadar plot.
3. Whereas the selling organization has sold the Sadar Bhukhanda to the buyer and
accordingly, the following status of the same has been preserved, due to which the buyer
has become the full owner of the Sadar Bhukhanda.
4. Any and all Non-Constructive taxes, municipal corporation taxes as well as taxes to
government, non-government and local self-government institutions etc. The organization
will not be held responsible for any other tax paid by the purchasing councilor.
5. Sadar Bhukhandwar Ghar Bhandhaikarita Municiapal Corporation, Nagpur Improvement
Trust; Prior Approval will have to be taken from the Town Planning Authority and the
office of the Corresponding Institution and for approval of the house plan, it will be
necessary to obtain a no-failure certificate from the Institution.
6. The Buyer of Sadar Bhukhandwar is required to get the house ready within five years
after obtaining the necessary approval from the councilor, By Canceling the Lease of the
Sadar Plot, the right to take possession of the house remains with the selling organization.
Only if the construction of the house is not possible due to unforeseeable problems faced
by the buyer or councilor, he will have to apply to the organization for extension of time.
7. If the buyer takes a loan from any financial institution, State Government, Central
Government Or Bank for the construction Of Sadar plot, then there will be no hindrance
to the organization, only the buyer will have to take a No Activity certification from the
Organization.
8. The Sadar Plot or the attached house built on the plot cannot be sold within five years
from the date of buyer acquires the plot. If the reward will not be converted in any other
way. If this is not done then the organization will have the first right to buy the Sadar Plot
or the house attached to it. In such a situation, whatever price the selling organization
gave the land to the buyer, that is, if the organization does not make any profit on it, then
the buyer will sell it to the council again. Haya related organization will not accept any
reply from the buyer councilor.
9. If the institution itself refuses to purchase the property and does not obtain the prior
consent of the institution, the purchasing member can sell it to someone else. For Such
Prior consent, the transfer fee/approval fee fixed by the Executive board will have to be
paid by the Councilor. The Institution reserves the right to cancel the Sadar Wiki if such
fees are not accepted. The more property is sold after obtaining prior consent, the more
the person will have to become a member of the organization. If the above mentioned
rules are not followed, the organization can cancel sale deed.
10. The Purchaser is the Councilor and is the full Owner of the plot of land shown in the
following appendix, subject to the rules and regulation of the organization and the related
approved by the Executive Board from time to time, the purchasing member can avail the
benefit, use and enjoyment through lineage.
11. As per Government Rules and Regulation, Purchasers, Councilors, Government/Semi-
government/Local Self-government organizations, Offices Can register and take it. By
completing the measurements as per the rules, the buyer has the full consent of the
councilor and the filling effort of the Organization.
12. Stamp duty paid by the buyer recovered as per the contract agreement dated 4-2-1993,
Rozi Document No.404.
13. The Sale Deed was signed by Mr. Krishnarao ganpatrao Barskar (Chairman Perfect
Co-Operative Housing Society Limited Nagpur Reg No. To be prescribe
NGP/HSG/263/1967 And the Buyer Mr. Suresh Bhaskarrao Dongre.

. Which is morefully described in the schedule hereto, and together with such undivided interest,
rights, estates, claims of the sellers into and upon the same and every part thereof To HAVE
AND TO HOLD, subject to the stipulations contained in the Schedule hereto, free from all
encumbrances?
WHEREAS the schedule Property is free from all encumbrances, liens, charges, Lispendens, etc.
Of whatsoever manner and
WHEREAS, the VENDOR, herein has offered to sell the Schedule Property free from all
encumbrances and the PURCHASER has approached the VENDOR and negotiated for the sale
of the Schedule Property.
WHEREAS, after negotiation, the VENDOR has agreed to sell and the PURCHASER has
agreed to Purchase the Schedule Property free from all the encumbrances for a valuable sale
consideration of Rs. 2,30,00,000/- (Two crore Thirty lakh Only).
WHEREAS, it is just and expedient to reduce the terms of this indenture into writing as
hereunder contained;
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
The purchaser requested to see the documents pertaining to the schedule property and the vendor
has provided the copies of the schedule property and after due verification of the document
legally as required and having satisfied to the status of the documents and showed the
willingness to purchase the Property at mutually agreed cost.
That in pursuance of the aforesaid Agreement and in consideration of the obligations undertaken
by the parties hereto the VENDOR shall sell and the PURCHASER shall purchase the Schedule
A property subject to the following terms and conditions: -
1. SALE PRICE
The total consideration for sale of Schedule A property free from all encumbrances whatsoever is
of Rs. 2,30,00,000/- (Rupees Two Crore Thirty Lakh Only).
2. ADVANCE AND MODE OF PAYMENT
The PURCHASER has paid to the VENDOR a sum of Rs. 5,00,000/- (Rupees Five
Lakhs Only) towards advance sale consideration by way of Online Transfer Reference
ID DCR759957 Dated 23-03-2024 Through RTGS Mode from ICICI Bank. The
receipt of which amount the VENDOR hereby admits and acknowledges and discharges
the PURCHASER from the payment thereof.

The remaining balance sale consideration of Rs.2,25,00,000/- (Rupees Two Crore


Twenty-Five Lakhs Only) shall be payable by the PURCHASER to the VENDOR at the
time of execution of registration of the Sale Deed. PURCHASER shall Deduct Tax at
Source (TDS) as per applicable laws from the amount and shall share the relevant
certificate with the VENDOR.

3. PERIOD OF COMPLETION:
The PURCHASER has agreed to complete the sale transaction within 90 days from the
date of the agreement for sale and time is essence of contract.

4. NOMINATION.
The VENDOR shall deliver the Schedule property in favour of the PURCHASER Only.

5. TITLE.
The VENDOR shall deliver to the PURCHASER original of all the title deeds and other
documents relating or pertaining to the Schedule Property on the date of execution and
registration of the Sale Deed.

6. PROPERTY TAXES.
The VENDOR shall pay all outgoing and other charges and taxes etc, in respect of
Schedule Property up-to-date of sale and shall furnish proof to the PURCHASER, and the
PURCHASER shall be liable to pay all the taxes from the date of execution of the Sale
Deed in respect of the Schedule property.

7. POSSESSION:
The VENDOR shall deliver into and put the PURCHASER in actual and physical
possession of the Schedule Property simultaneously on execution and registration of the
Sale Deed in respect thereof.
8. VENDOR’S COVENANT:
8.1. That during the tenure of this Agreement to sell, the VENDOR shall not deal
with the Schedule Property in any manner prejudicial to the interest of the
PURCHASER and on the other hand they shall keep their title and possession and all
the title deeds intact with them and shall not cause or create any encumbrance over
the Schedule property.
8.2. That the VENDOR undertakes to clear all the Electricity and Water Bills Clear
upto date of the sale premises and handover the receipts to the PURCHASER.
8.3. At the time of registration of the sale deed the VENDOR shall contain NOC from
the seller organization if required and also sign necessary applications for transfer of
all deposits paid by VENDOR for Electricity connection, Water Connection with no
extra costs from the PURCHASER.
8.4. The VENDOR shall not cause or create any Encumbrance over the schedule
property and/or execute any power of Attorney empowering any person to deal with
the Schedule property which affects the rights of the PURCHASER and/for his
nominees as the case may be.

9. CUSTODY
The Original of this Agreement shall be with the PURCHASER and the duplicate thereof
with the VENDOR.

10. STAMP DUTY AND REGISTRATION FEE.


The PURCHASER shall bear and pay the cost of non-judicial stamp papers, registration
fees and other expenses for registration of the Sale Deed.

11. DEFAULT ON EITHER PARTIES.


11.1. If the Vendor makes default in completing the sale within the stipulated period or
in the event the vendor violates any terms of this agreement or if any hidden defects is
found in the title, the purchaser shall have the right to cancel the agreement and have
the right to recover from the vendor the advance already paid to them. This right is
without prejudice to the right of the PURCHASER to seek specific performance of
this agreement through the competent Court of Law.
Without prejudice to the above, the Purchaser shall be entitled to cancel the agreement.
a) If the Vendor fails to provide legal/statutory property documents required by the
purchaser.
b) If the Purchaser find out any legal defect in property before execution of sale deed.
c) If Purchaser/s home loan is rejected by bank due to the same legal/statutory issue in
property documents.
d) If the VENDOR fail to provide all original title documents at the time of execution of
Sale Deed.

11.2. If the PURCHASER makes default in completing the sale within the stipulated
period or violates any terms of this agreement, the VENDOR is at liberty to cancel
the agreement.
11.3. Either party defaulting the transaction will pay Rs.5,00,000/- (Rupees Five Lakhs
Only) as compensation/Penalty FOR cancelling the SALE AGREEMENT.

12. The arrangement envisaged under this Agreement to sell shall be implemented and
effectuated by the execution of all such further acts, deeds and things as may be
necessary for or appropriate to the nature of the transaction and the parties hereto agree
and bind themselves to do and execute all such acts, deeds and things necessary for the
due performance of their respective obligations under these presents.

APPENDIX/SCHEDULE OF THE PROPERTY


4052/85, Perfect Co-Operative Housing Society Limited, Nagpur Layout, Owned by Nagpur
Municipal Corporation and Nagpur Improvement Trust, Asun Mouza Bhamti, District Nagpur
P.H.Co. 44b No. Plot Number between 50/1 and 50/2. 85 Yachi Length 18 Mtrs width 15 Mtrs
Total 270 sq Mtrs. Its City Survey No. 176 and 177/1, sheet No.281/32 and 288/483 are its
quadrangle.
Presently the premises schedule address as SHRI SURESH BHASKARRAO
DONGRE ,4052/85, KHAMLA
BLOCK 3 Perfect Co-Operative Housing Society Limited PANNASE LAYOUT
INDERPRASTH NAGAR BHAMTI NAGPUR.
NAGPUR MUNICIPAL CORPORATION
Zone 001 Ward 075 House Number 4052/85, Index Number 750222370450, UPIN 0750460260
Water Meter No.2012A221073 – BP No.10195964 – MRU Number -O0175AO – Old CIN
75K2429
Bounded by
East - Plot No.86
West - Plot No. 84
North – 9.00 Meter Road
South – Plot No.90 and 91

IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR RESPECTIVE


HANDS THE DAY, MONTH AND THE YEAR FIRST ABOVE WRITTEN.

WITNESSES:

1.
MR.SURESH BHASKAR RAO DONGRE

(VENDOR)

2.

MR. KALPESH PANJABRAO BHARAMBE

MRS. RUPALI KALPESH BHARAMBE

(PURCHASERS)

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