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SALE DEED

THIS DEED OF ABSOLUTE SALE is made and executed on this the


Second day of June, Year Two Thousand Sixteen (02/06/2016) at
Bangalore:
:BY:

Sri.T.C.Channakeshava,
Aged about 53 years,
Son of Sri.N.Chikkanna,
Residing at:
No.117, Muneshwara Nagar,
Ramamurthy Nagar,
Bangalore – 560 016.
Represented by his
General Power of Attorney Holder:
M/s. LORVEN REALTORS AND BUILDERS,
A Partnership Firm,
having its Office at:
Flat No. 110, SLV Belmont Apartment,
Next to SBI Bank,
Basavanapura Road,
Bhattarahalli,
Bangalore – 560 049.
Representing by its Managing Partner:
Sri. Thirumala Reddy.

PAN: AAEFL 2247 A

Hereinafter called the VENDOR NO.1/OWNER

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:AND:

M/s. LORVEN REALTORS AND BUILDERS,


A Partnership Firm,
having its Office at:
Flat No. 110, SLV Belmont Apartment,
Next to SBI Bank,
Basavanapura Road,
Bhattarahalli,
Bangalore – 560 049.
Representing by its Managing Partner:
Sri. Thirumala Reddy.

PAN: AAEFL 2247 A

Hereinafter called the ‘VENDOR NO.2/BUILDER’


The VENDOR NO.1 / OWNER and the VENDOR NO.2 /
BUILDER are Hereinafter collectively referred to as
the "VENDOR NOS.1 & 2 / VENDORS”
(which expression shall, unless repugnant to the
context, mean and include their respective heirs,
executors, administrators, nominees and assigns etc.,)
of the ONE PART

:IN FAVOUR OF:

Mrs.Usha S. Moorthi,
Aged about 52 years,
Wife of Mr.M.Sundara Moorthi,
Residing at:
No.41, 7th Cross,
Cambridge Layout,
Bangalore – 560 008.

Hereinafter referred to as the ‘PURCHASER’

(which expression wherever the context so requires or


admits shall mean and include her heirs, legal
representatives, executors, administrators and assigns
etc.,) of the OTHER PART:

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WITNESSETH AS FOLLOWS:

WHEREAS, the Vendor No.1 herein is the full and absolute owner by
title and in actual possession and enjoyment of all that portion of
lands in Old Sy No.11, New Sy No. 11/2, BBMP Katha No. 5, situated
at Kowdenahalli, K.R. Puram Hobli, Bangalore East Taluk, converted
for agriculture to Residential and commercial purpose vide order
No.ALN (EAST) SR (KH) 07/2011-12, dated:28.05.2011, issued by the
Special Deputy Commissioner, Bangalore District, Bangalore, now
comes within the limits of Bruhat Bangalore Mahanagara Palike,
morefully described in Schedule `A' herein and hereinafter referred to
as Schedule `A' Property for convenience.

WHEREAS, the land in Sy No.11 (Old), New Sy No.11/2, situated at


Kowdenahalli, K.R. Puram Hobli, Bangalore East Taluk, measuring 2
Acres 26 Guntas (in which the schedule ‘A’ property forming a
portion). Originally the Schedule ‘A’ Property along with other lands
belonged to one Sri. Anjinappa, Son of Sri.Gurappa. He was the
petitioner in Case No.46/1959-60, filed before the Special Deputy
Commissioner for Inams Abolition, Bangalore, by its order july 1960,
registered the entire land absolutely in the name of Anjinappa, Under
Section 5 of the Act, and also an endorsement dated 18.10.1960,
issued by the Deputy Commissioner, for Inams Abolition, Bangalore,
thereby he said Anjinappa was the occupant of the land in old Sy
No.11, New Sy. No.11/2, measuring 2 Acres 26 Guntas, situated at
Kowdenahalli, K.R. Puram Hobli, Bangalore East Taluk, Bangalore
Dist. The said Sri. Anjinappa S/o Gurappa, he having derived title
over the property, since from the date of grant he was in actual vacant
physical possession of the Schedule ‘A’ Property along with other
properties, by getting Khatha and other records transferred into his
name with the authorities concerned and was also paying the tax
payable in respect thereof to the authorities concerned.

WHEREAS, the said Anjinappa S/o Gurappa, and others have sold
the aforesaid property in favour of Sri. Kempanna S/o Doddaiah,
under a registered deed of absolute sale dated:15.01.1966 registered
as Document No.4606/1965-66, Book –I, Pages 247 to 249,
registered in the office of the Sub-Registrar, Bangalore South Taluk,
Bangalore.

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WHEREAS, the said Sri. Kempanna died leaving behind registered
Will dated:26.04.1999 bequeathed the said property in favour of his
adopted son Sri. H. Muniraju, which is registered as Document
No.14/1999-2000, Book –III, Volume-26, at Pages 125 to 129
registered in the office of the Sub-Registrar, K.R.Puram, Bangalore.

The aforesaid Sri. H. Muniraju in turn sold the aforesaid property in


favour of Vendor No.1 herein under two separate registered sale deeds
as under:

i) Portion of the aforesaid property sold under a registered deed of


absolute sale deed dated 31.12.2001, registered as Document
No.11860/2001-02, Book –I, Volume 2284, Pages 1 to 6,
registered in the office of the Sub-Registrar, K.R.Puram,
Bangalore.

ii) Portion of the aforesaid property sold under a registered deed of


absolute sale deed dated 05.01.2002, registered as Document
No.11859/2001-02, Book –I, Volume 2282, Pages 242 to 250,
registered in the office of the Sub-Registrar, K.R.Puram,
Bangalore.

Subsequent to purchase, the Vendor No.1 has got converted the


portion of the property measuring 1 Acre 20 Guntas for residential use
and another portion measuring 20 Guntas for commercial use vide
Order No. BDS ALN (EAST)SR(KH)07/20011-12, dated:28.05.2011
issued by the Spl. Deputy Commissioner, Bangalore District,
Bangalore.

WHEREAS, as Vendor No.1 / Owner has decided to develop the


Schedule ‘A’ Property by constructing a multistoried residential
apartment plus commercial building thereon, as the Vendor No.1 /
Owner has no experience in the field of developing the properties had
approached the Vendor No.2/Builder who has vast experience of
construction of residential apartment building, and offered the
schedule ‘A’ property for development, the Developer had agreed to
develop the Schedule ‘A’ Property into a Residential Apartment plus
commercial Building.

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WHEREAS, Schedule `A’ Property is presently assessed for municipal
property taxes by Bruhat Bangalore Mahanagara Palike and has
assigned with new Municipal Khata No. 05, Ward No.26 of RM Nagar,
Horamavu Sub-Division and registered the name of the Vendor No.1
herein as owner and khatedar of the Schedule ‘A’ Property in its
records and the Vendor No.1 has paid the municipal property taxes in
respect of the Schedule `A’ Property upto date to the Bruhat Bangalore
Mahanagara Palike.

WHEREAS, the Vendor No.1/Owner had also paid Plan approval


charges, security deposit and other statutory deposits to the BBMP
and had obtained Plan approval and License as per vide LP
No.TP/MZ/COMMI/KR/292/2012-13, Ad/COM/MDP/0297/12-13
dated: 23/01/2013 for construction of Residential Apartment plus
commercial Building on the schedule ‘A’ property consisting of Stilt,
Ground, First, Second, Third Floor and Terrace Floors.

WHEREAS, the Vendor No.1/Owner and the Vendor No.2/Builder


herein have entered in to a Registered Joint Development Agreement
dated 30/01/2013 for the development of the Schedule ‘A’ Property by
constructing residential apartment plus commercial building under
registered document bearing No.12441/2012-13 in Book-I and stored
in C.D.No.BNSD264 registered at the Office of the Sub-Registrar,
Banaswadi, Bangalore. In pursuance of the said Joint Development
Agreement, the Vendor No.1/Owner has also executed a Registered
General Power of Attorney in favour of the Vendor No.2/Builder and
the same is registered as Document No.487/2012-13 in Book-IV and
stored in C.D.No.BNSD264 registered at the Office of the Sub-
Registrar, Banaswadi, Bangalore.

WHEREAS, in pursuance of the said Joint Development Agreement


and General Power of Attorney, subsequently, the Vendor No.1/Owner
and the Vendor No.2/Builder (i.e. Vendors herein) have entered in to a
Property Sharing Agreement dated 31/01/2013, identified and
demarcated the flats/apartments and also the commercial units
allotted to each party along with the details of super built area and
undivided share of land.

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WHEREAS, under the aforesaid said Sharing Agreement apartment /
Flat bearing No.304, on the Third Floor of the building known as
“LORVEN LEO”, constructed on the Schedule ‘A’ Property, having
super built up area of 1218 Square feet, which is more fully and
particularly described in the Schedule ‘C’ hereunder and hereinafter
referred to as the Schedule ‘C’ Property, with 403 Square Feet of
undivided right, title and interest in the Schedule ‘A’ Property, which
is more fully described in the Schedule ‘B’ hereunder and hereinafter
referred to as the Schedule ‘B’ Property, is allotted to the share of the
Vendor No.2/Builder (i.e. Builder’s Share).

WHEREAS the Purchaser who has taken inspection of License and


plan and all other permissions and title deeds of the schedule ‘A’
property and being satisfied with the same agreed to purchase the
schedule ‘B’ property (undivided share of land in schedule “A”
property) and the schedule “C” property have approached the Vendor
No.2/Builder and expressed their desire to purchase schedule ‘B’ & ‘C’
property for a sale consideration of Rs.31,00,000/- (Rupees Thirty
One Lakhs Only) and the Vendors have agreed to sell the schedule ‘B’
& ‘C’ property for the said sale consideration and both the parties are
desirous of reducing the terms agreed upon into writing.
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:

1. As agreed above and in pursuance of this deed of absolute sale


executed by the Vendors in favour of the Purchaser, the Purchaser
has paid full sale consideration of Rs.31,00,000/- (Rupees Thirty
One Lakhs Only) to the Vendor No.2 (as desired and directed by
Vendor No.1) by way of Cheque bearing No.000015, dated
02/03/2016 on HDFC Bank, Cambridge Road Branch, Bangalore
for Rs.1,00,000/-(Rupees One Lakh Only) and Cheque bearing
No.000027 dt.02/06/2016 on HDFC Bank, Cambridge Road
Branch, Bangalore for Rs.30,00,000/-(Rupees Thirty Lakhs Only) .

The Vendors do hereby acknowledge the receipt of the full sale


consideration amount of Rs.31,00,000/- (Rupees Thirty One Lakhs
Only).
2. The Vendors having received the full sale consideration in the
above manner, do hereby hand over the possession of the Schedule
‘C’ Apartment to the Purchaser in the true intent of sale hereby
made by relinquishing all their right, title, interest and claims over
the same. From this day onwards neither the Vendors nor any of
their family members shall have any manner of right, title, interest

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or claims over the schedule “B” & “C” property or any portion
thereof.

3. As per these presents Schedule “B” & “C” Property, have been
transferred and delivered UNTO and to the use of the Purchaser TO
HAVE AND TO HOLD the same absolutely forever. That the
Schedule “B” property and every part thereof shall at all times
remain and UNTO the Purchaser and be quietly entered into, upon,
held and enjoyed by the Purchaser accordingly in common with the
other joint undivided owners.

4. Further the Vendors assure the Purchaser that she is the sole and
absolute owner of the Schedule “B” & “C” Property hereby conveyed
and the same is free from all kinds of encumbrances, court
attachments, litigation, proceedings or maintenance charges, liens,
disputes, etc., and they have got lawful and marketable title to
convey the same in favour of the Purchaser. Further, the Vendors
hereby undertake that they will not be a party or privy to any of the
acts, deeds or things by which they are prevented from dealing
with the schedule “B” & “C” property in the manner appearing
herein.

5. The Vendors at the cost of the person/s requiring shall execute and
do every such assurance or acts, deeds and things necessary for
further more perfectly assuring the said property to the Purchaser,
her heirs, assigns, etc., as may reasonably be required.

6. The property hereby sold is free from all encumbrances. The


Purchaser shall be entitled to change the Khata and other revenue
records of the schedule “B” & “C” property in her name.

7. The Vendors further covenant with and assure the Purchaser that
the Schedule “B” & “C” Property and every part thereof is free from
all and every kind of encumbrances, claims, demands and
attachments whatsoever, that apart from the Vendors and the
other reciprocal rights of the joint undivided owners no one else
has any right, title, interest or claim in or to the Schedule “A”
Property, that the Schedule ‘A’ Property is the Vendors absolute
and exclusive property and they have paid property taxes,
whatsoever due and payable by it in respect of the Schedule “B” &
“C” Property up to date.

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8. The Vendors have this day delivered to the Purchaser Xerox copies
of all the documents of title pertaining thereto with the assurance
that the original/certified documents whenever reasonably be
required, shall be made available by the owners association to the
Purchaser for inspection.

9. The Purchaser shall be entitled to enjoy the Schedule “B” & “C”
Property hereby sold subject to the restrictions and rights
conferred upon the Purchaser as stated in Schedule “D” and `E’
herein and liable to comply and adhere to the obligations imposed
on the Purchaser as detailed in Schedule “F” herein.

10.The Vendors shall keep the Purchaser fully indemnified and


harmless against any loss or liability, action or proceedings, cost or
claim that may arise against the Purchaser or the Schedule ‘B’
Property hereby conveyed by the reason of any defect in or want of
title on the part of the Vendors.

SCHEDULE “A” PROPERTY


(description of entire property on which the apartment
building is built)

All that piece and parcel of the portion of lands in Old Sy No.11, New
Sy No. 11/2, BBMP Katha No. 5, situated at Kowdenahalli, K.R.
Puram Hobli, Bangalore East Taluk, Converted for agriculture to
Residential and commercial purpose vide order No.ALN (EAST) SR
(KH) 07/2011-12, dated:28.05.2011, issued by the Special Deputy
Commissioner, Bangalore District, Bangalore, now comes within the
limits of Bruhat Bangalore Mahanagara Palike, measuring East to
West 95 Feet and North to South on the Eastern side 106.5 Feet and
on the Western side 103 Feet, in all measuring area of 9948 Sq Feet,
and bounded on the:

East by : Remaining Portion same Sy No.11/2;


West by : Remaining Portion same Sy No.11/2;
North by : Road;
South by : Private Road.

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SCHEDULE ‘B’
(Undivided share hereby conveyed to the Purchaser)

403 Sq. Ft. of undivided share, right, title and interest in the land in
the Schedule `A’ Property.

SCHEDULE ‘C’
(description of the Flat hereby conveyed to the Purchaser)

All that Residential Flat No.304, in the Third Floor, having super
built up area of 1218 Square Feet including common area and one
covered car parking space No.304 in the stilt floor of the building
known as “LORVEN LEO” and common right over the open space,
staircase, lift, passages, lobbies, corridors, community hall,
gymnasium and other areas of common use. The building is
constructed with bricks and cement walls, RCC roofing,
vitrified/ceramic tiles flooring, jungle wood doors and steel frame
windows, with electricity, water and sanitary facility.

SCHEDULE 'D'
(Restrictions on the right of the Purchaser)

The Purchaser so as to bind himself/herself/themselves,


his/her/their success-in-interest, heirs, representatives and assigns
with the consideration of promoting and protecting his/her/their
rights and in consideration of the covenants of the Vendors being
binding in him/them and the owners of the other undivided interest
in the Property described in the Schedule 'A' hereto agrees to be
bound by the following terms and conditions;

1. Not to use or to permit the use of the Property described in the


Schedule 'A' hereto in a manner, which would diminish the
utility of the common amenities to be provided in the proposed
development scheme.

2. Not to use the roadways and side open space in the land
described in the Schedule 'A' hereto for parking any heavy
vehicles or to use them in a manner, which might cause
hindrance for the free ingress or egress from other parts of the
Schedule 'A' Property;

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3. Not to default in the payment of any taxes or levies to be shared
by the other joint owners of the property described in the
Schedule 'A' hereto or the expenses to be shared by the owners
of the proposed development schemes or any part thereof.

4. Not to make any arrangement for the maintenance, servicing


and upkeep of the development scheme on the land described in
the Schedule 'A' hereto and for ensuring the common amenities
therein for the benefit of all concerned.

SCHEDULE 'E'
(Rights included in the transfer to the Purchaser)

1. Full right and liberty for the Purchaser and all persons
authorized by the Purchaser (in common with all persons
entitled, permitted or authorized to the like right) at all times by
day or by night and for all purposes to go, pass and re-pass over
the common areas in the proposed development scheme.

2. Full right and liberty to the persons referred to in common with


all other persons with or without motor cars or other permitted
vehicles at all times, day and night for all purposes to get and
re-pass over the roadways and pathways in the land described
in the Schedule 'A' hereto.

3. The Purchaser shall be entitled to have free and uninterrupted


passage of water, Gas, Electricity to the Schedule "C" Property
and waste/sewage, etc., from the Schedule "C" Property through
the pipes, wires, cables, sewer lines, drains which are or may at
any time hereafter, be passing in or under or through the
Schedule "A" Property or other portions constructed on the
Schedule "A" Property.

4. The Purchaser shall be entitled to the subjacent lateral vertical


and horizontal support of the Schedule "C" Property from the
other parts of the building.

5. The Purchaser shall have the right to lay cables/wires/lines for


Radio, Television, Telephone or other communication
installations leading to and from the Schedule "C" Property.

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6. The Purchaser shall have the right to entry and passage with or
without workmen to the other parts of the building for the
purpose of or in connection with repairing and maintaining the
Schedule "C" Property and for repairing, cleaning, maintaining
the water tanks, sewer line, drains, cables, pipes and wires
leading to or from the Schedule "C" Property ensuring that
minimum disturbance is caused to the Owners/Occupiers of
other units.

7. The right to do all or any of the acts, aforesaid without notice in


the case of any emergency.

SCHEDULE 'F'

(Obligations of the Purchaser)

The Purchaser in the proportion of the undivided interest hereby


conveyed along with the other Purchaser in the proportion of the
undivided interest held by them shall be deemed to have accepted the
following expenses;

1. All rates and out goings payable in respect of the land described
in the Schedule 'A' hereto.

2. The expenses of maintaining the common services in the


proposed development scheme and the routine maintenance like
painting, washing, cleaning, etc., and replacing any electrical
and mechanical parts of machines, sanitary and electrical
installations common to the building. The developer/builder
shall without consequential liability carry out the above
services, against payment of the sums as may be determined by
the builder from time to time.

3. Should the Purchaser default payments for any common


expenses, benefits or amenities, the Builder or a majority of the
Purchaser while carrying out the services as contemplated
above, shall have the right, to remove such common amenities
from their enjoyment including water services and electricity.
4. Provided always that the Developer/Builder shall not be liable
for and the Purchasers shall be liable for the expenses of
maintenance of common amenities in the property described in
the Schedule 'A' hereto and the proposed development scheme
from the date of communications of the Developer/Builder to
the Purchaser indicating the formers' willingness to put the

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Purchaser or his/her/their nominee/s in possession of the
property conveyed by this deed.

SCHEDULE 'G'
(THE DEVELOPER/BUILDER COVENANT)
The Developer/Builder hereby covenant with the Purchaser as follows;

1. That the developer/builder will require every person to whom


they shall hereafter transfer, grant or lease any properties
comprised in the property described in the Schedule-A hereto
and in the proposed development scheme to covenant and to
observe the conditions and observe the restrictions set forth in
the scheme above.

2. That the developer/builder and the assigned or trustees


claiming through or in trust for the developer/builder in respect
of the development scheme or any part thereof will always
respect the rights of the Purchaser mentioned in this deed and
in the Schedule 'E' in particular.

3. The Developer/Builder hereafter shall faithfully follow the


covenants herein contained and shall not confer on any other
person or persons any right not reserved for the Purchaser
herein nor shall they contract to exclude for the transferees any
burden expressed to be shared by the Purchaser herein.

4. The Developer/Builder accept and agree that any covenant by


the Developer/Builder in future if any deed or document
reducing or altering the right of the Purchaser herein or
imposing on the Purchaser any restrictions not found herein
before shall be void.

5. The Developer/Builder shall handover the original title deeds to


the Apartment Owners Association on the same being formed;

The present market value of the flat and undivided interest in the
land transferred herein is of Rs.31,00,000/- (Rupees Thirty One
Lakhs Only).

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IN WITNESS WHEREOF, the parties hereunto have affixed their
respective signatures to this Deed of Absolute Sale on the day, month
and year first above mentioned.

WITNESSES:

1.

1. [T.C.Channakeshava],
Represented by his General
Power of Attorney Holder:
M/s. LORVEN REALTORS AND
BUILDERS,
Representing by its Managing Partner:

2.
[Thirumala Reddy].

2. M/s. LORVEN REALTORS AND


BUILDERS,
Representing by its Managing
Partner:

[Thirumala Reddy].

VENDORS

[Usha S. Moorthi],
PURCHASER

Drafted by:

R.R.Devendra Gowda
Advocate
No.39/8, 1st Floor, 7th Main,
Indiranagar, Bangalore – 38.

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