Full Price ATS T12 803 SARE Homes

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AGREEMENT TO SELL

THIS DEED OF AGREEMENT TO SELL is executed at Gurugram on this 14


Day of May, 2024 BETWEEN Ms. Mala Kaul (Aadhaar No.2165 0855
1073 & PAN No. AAAPK6452C) D/o Lt. Sh. B.N.Kaul Resident of
House no 902 floor 3rd,Sector 43 Gurugram Haryana 122002, (hereinafter
collectively called the FIRST PARTY) of the one part:

AND

Mrs. Sonia D/o Sh. Kewal Krishan Sharma, (PAN No. BSWPS9730A and
Aadhaar No. 5311 7994 9028 Resident of B-545 Rishi Nagar Rani Bagh
Shakur Basti Saraswati Vihar North West Delhi 110034 and Mrs. Tripta
Sharma(PAN No.ACGPS9286G and Aadhaar No. 6931 2296 7199) W/o
Mr. Ajay Kumar Sharma resident of House no 496 Near Mugal
Canal,Sector 13 Ext.VTC karnal PO-Karnal District-Karnal Haryana 132001
(here inafter called the SECOND PARTY) of the other part.
THE EXPRESSION FIRST PARTY and SECOND PARTY shall mean and
include their respective heirs, successors, representatives and assigns etc.

WHEREAS the FIRST PARTY is owner and in possession of a Flat No.


T12-803, Building No.T12, on 08 th Floor, having super area
admeasuring approx. 176.12 Sq. Mtrs., (2057 Sq. Fts.,), situated
in Project “Green Parc Crescent ParC”,M/s RamprasthaSare Realty
Pvt ltd. at Village Wazirpur and Mewka in residential Sector-92,
Gurugram, Haryana, by way of Allotment Letter dated 10-09-2015,
issued by Ramprastha SARE Realty Pvt. Ltd., having its registered office
at C-10,C-Block Market, Vasant Vihar, New Delhi-110057.

AND WHEREAS the FIRST PARTY have now agreed to transfer/sell the
said property to the SECOND PARTY at the total sale value of
Rs.1,39,00,000/- (Rs. One Crore thirty nine LAKH only), and the
second party is ready to purchase the same on the following terms and
conditions:

1. An advance of {amounting to Rs. 13,90,000/- (Rs. Thirteen lakh


ninety thousand only)} of the sale value is to be paid by the
Second Party to the First Party as advance/ earnest money.

2. Towards the above the FIRST PARTY has received Rs.13,90,000


(Rs. Thirteen lakh ninety thousand only) as an advance/earnest
money from the SECOND PARTY as under:

Amount in Rs. Cheque Dated Drawn on


Number
Rs. 13,90,000 985919 14-05-2024

A transfer of another Rs. 1,23,91,000/- (Rs. One crore twenty


three lakh ninety one thousand only) will be done on or before
14th JULY 2024 by the Second Party and share TDS certificate of
Rs. 1,19,000/- (Rs. One lakh nineteen thousand only) before
the SALE DEED.

3. The balance amount of Rs. 1,23,91,000/- (Rs. One crore twenty


three lakh ninety one thousand only), of the said property shall
be paid by the SECOND PARTY to the FIRST PARTY on or before the
SALE Deed registration or on transfer of the said property.

4. That the time limit for registration of SALE Deed or transfer of the
said property has been mutually agreed on or before 14-07-2024. A
15 Days Grace period in allowed in case of delay because of loan or
any problem due to government work.

5. The SECOND PARTY is empowered to get the property registered or


get the sale completed through execution of SALE Deed etc. either in
his own name or in the name of his nominee/s person for which the
first party shall have no objection.

6. All the expenses in respect of registration of SALE Deed stamp duty,


registration charges, transfer Charges, and other Misc. expenses
shall be borne by the SECOND PARTY.

7. The property to be transferred/ sold under this agreement is free


from all encumbrances, sale, dispute, litigation, gift, court
attachment, etc. and the first party shall give the peaceful vacant
physical possession of the said property to the second party at the
time of registration of SALE deed. All the outstanding dues of HUDA/
SARE Gurugram Pvt. Ltd., and other dues such as of water,
electricity, sewer, etc. installed in the said property shall be
cleared/paid by the FIRST PARTY upto the date of registration of the
SALE Deed and thereafter the same shall be the responsibility of the
Second Party. AND whereas after the execution of the SALE Deed if
there will be any charges, dues, demands, enhancement levied by
the HUDA/ SARE Gurugram Pvt. Ltd., shall be paid and borne by the
Second Party.

8. That the concern on the date of transfer of rights registration of SALE


Deed in favor of SECOND PARTY, the FIRST PARTY shall hand over all
documents of the apartment available to him. If the property is
currently under loan, the FIRST PARTY shall provide a No-objection
certificate (NOC) from the bank to the SECOND PARTY before the
SALE DEED.

9. That the SECOND PARTY shall be entitled to get registered SALE


Deed in his own name or in the name of any nominee within
stipulated period mentioned at para 2 above.

10. That if the SECOND PARTY fails to make payments as mentioned at


para 2 and 3 above or to get registered SALE Deed by making full
and final payment of the said property within the stipulated period to
the FIRST PARTY then the above-said advance/earnest money shall
be forfeited without any notice.

11. That if the FIRST PARTY infringes the terms and conditions of this
agreement or refuse to sign SALE Deed within stipulated period then
the second party shall be entitled to get registered SALE deed/
Transfer through court of law or SPECIFIC PERFORMANCE OF
CONTRACT BY COURT OF LAW at the cost and expenses of the FIRST
PARTY.

12. That time being the essence of the contract, it has been expressly
agreed between the Parties that in the event of delay or default by
the SECOND PARTY in making payment towards balance sale
consideration as a single instalment on or before the Stipulated Date,
the FIRST PARTY shall be fully entitled to forfeit the earnest money of
Rs. 13,90,000/- (Rs. THIRTEEN LAKH NINETY THOUSAND
ONLY) paid by the SECOND PARTY towards the signing of this
Agreement To Sell (ATS). Further, the FIRST PARTY shall be free to
sell the Said Property to any other person/ company and this ATS
would be deemed cancelled and void with an immediate effect.

13. That if the SECOND PARTY will back out from this agreement, then
the earnest money shall stand forfeited in favour of FIRST PARTY and
if the FIRST PARTY fails to comply his obligations in agreement to sell
or fails to appear before the office of sub registrar for the purpose of
execution of SALE Deed in favour of Second Party by whatsoever
reason, the FIRST PARTY shall pay double amount of the earnest
money to the SECOND PARTY.

14. That this Deed of Agreement To Sell (ATS) matures through M/S
SSD ENTERPRISES, who shall charge 1% of the total Sale Value
from both the parties, separately on completion of registration.

15. LOAN

a. That the particulars of sale specify that this contract is


subject to a loan being approved, and this contract is subject
to the bank approving the loan on the security of the property
by the stipulated date or any later date mutually agreed
between the two parties.
b. The SECOND PARTY may end the contract if the loan is not
approved by the stipulated date, but only if the SECOND
PARTY:
i. immediately applied for the loan; and
ii. did everything reasonably required to obtain approval of
the loan; and
iii. serves written notice ending the contract, together with
evidence of rejection or non-approval of the loan, within
5 clear business days after the rejection or non-
approval of the loan or any later date mutually agreed
upon between the two parties; and
iv. is not in default under any other condition of this
contract when the notice is given.All advance/ earnest
money must be immediately refunded to the SECOND
PARTY if the contract is ended.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE SIGNED THIS


AGREEMENT IN TOKEN OF THEIR ACCEPTING THE TERMS HEREINABOVE
GIVEN IN THE PRESENCE OF THE FOLLOWING WITNESSES;

WITNESSES

1.

2.

FIRST PARTY

1. Ms. MALA KAUL

SECONDPARTY

1. Mrs. SONIA 2. Mrs. TRIPTA SHARMA

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