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AGREEMENT TO SALE

This AGREEMENT TO SELL is made and executed on this the ____ th day of March, 2019
BETWEEN: -

1. SMT. C.S. VIDYA, W/o. K.H. Nandish, Aged about 33 years,


R/at No.259, Saraswathinagar, 7th Cross, Vijayanagar,
Govindarajanagar, Bengaluru–560 040.

2. SRI. C.S.VINAY KUMAR, S/o. C. Channegowda, Aged about 35 years,


R/at No.35, 2nd Main, Basaveshwara Layout, Bengaluru – 560 040.

3. SRI. J. JAVANEGOWDA, S/o. Late Javanegowda, Aged about 63 years,


R/at Gopanahalli Village, C.A. Kere Hobli, Maddur Taluk, Mandya District.

4. SRI.N.RAJANNA, S/o Nanjappa, Aged about 58 years,


R/at Sompura Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.

5. SRI. M. RAJASHEKARAIAH, S/o. Marulasiddaiah, Aged about 59 years,


R/at # 85/1, 13th Loop Road, Ideal Homes, RR Nagar, Bangalore-560 098

All are represented herein by their Registered GPA Holder K.N.S. RESIDENCY LLP,
represented by its Designated Partner Mr.K.N.Surendra

(Hereinafter together referred to as the LAND OWNERS)

6. K.N.S. RESIDENCY LLP, having its registered office at No.1125/12, 1st Floor,
Service Road, Hampinagar, Vijayanagar 2nd Stage, Bengaluru – 560 104
represented by its Designated Partner Mr. K N Surendra

(hereinafter referred to as the DEVELOPER)

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The LAND OWNERS and DEVELOPER together referred to as the VENDORS of ONE
PART; AND

Mrs.K.AISHWARYA, W/o R.Chethan Kumar, aged about 25 years,


R/at # 85/1, 13th Loop Road, Ideal Homes, RR Nagar, Bangalore-560 098

(Hereinafter referred to as the `PURCHASER’) of OTHER PART;

The expression `LAND OWNERS / DEVELOPER / VENDORS and PURCHASER’ shall


whenever the context so require or admits shall mean and include their respective heirs,
executors, administrators successors in offices and assigns;

The Vendors and the Purchaser collectively referred to as the Parties.

WITNESSETH AS FOLLOWS:

I. WHEREAS, the land owners are the owners of Converted lands bearing Sy.No.5/53,

extent 02 Acres 02 Guntas, Sy.No.5/49, extent 18 Guntas, Sy.No.5/50, extent 01 Acre 26

Guntas, Sy.No.5/52, extent 08 Guntas, Sy.No.5/55, extent 01 Acre 35 Guntas, Sy.No.5/45,

extent 05 Guntas, Sy.No.5/46, extent 05 Guntas, Sy.No.5/47, extent 05 Guntas, Sy.No.5/48,

extent 15 Guntas, Sy.No.5/42 (Old Sy.No.5/18), extent 03 Acres 03 Guntas, Sy.No.5/24,

extent 01 Acre 26 Guntas, Sy.No.5/43, extent 20 Guntas and Sy.No.5/44, extent 18 Guntas, in

all together measuring 12 Acres 26 guntas, all are situated at B.M. Kaval Village, Kengeri

Hobli, Bengaluru South Taluk. All the above said lands are situated adjacent and conjoined

to each other.

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II. WHEREAS, the LAND OWNERS have entered into a five different joint Development
agreements (in short JDA) with the DEVELOPER all are dated:14.03.2018 registered in the
office of the Sub-Registrar, Jayanagar (Rajarajeshwarinagar), Bengaluru. As per the JDA,
the DEVELOPER has to develop the above said lands belonging to the land owners either
jointly by obtaining consolidated layout plan or severally at the cost and risk of the Developer.
For better and maximum utilization of lands, the Developer prepared consolidated layout plan,
submitted the same and get it approved by the planning authority i.e, BMICAPA got the same
approved vide No.BMICAPA/TP-3/RL/24/2017-18, dated 25.10.2018 and is developing the
same in accordance with the sanctioned layout plan and work order. The Developer
completed the work of marking and bifurcation of sites have already been completed and the
Developer is in the process of getting the release order from the competent authority.

III. WHEREAS, as per the JDA, the Land Owner and the Developer shall share the
developed sital area after development as per the ratio mentioned therein. Further the each of
the land Owners along with their respective JDA, executed a GPA appointing the
DEVEKLOER as their agent to enable the agent to develop the above said lands and convey
the sites/developed area fallen to his share to the person/s of his choice. In the meanwhile to
rectify the mistakes crept in the JDA and various other issues. the 4 th and 5th of the Land lords
stated above entered into a amendment/rectification deed to the original JDA. After
demarking and development of the sites the LAND LORDS and the DEVELOPER entered
into a sharing agreement dt---------------------- registered vide document No.-----------. As per the
registered JDA, GPA and sharing agreement, the sites fallen to the share of the DEVELOPER
shall belonging to it and it has liberty to dispose of the same as per its desire to the person/s
of its choice.

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IV. WHEREAS, the Land Lords and the Developer decided to sell the sites bearing No.53
fallen to the share of the DEVELOPER formed in the approved consolidated layout plan
approved by the planning authority i.e, BMICAPA vide No.BMICAPA/TP-3/RL/24/2017-18,
dated 25.10.2018 which are morefully described in the Schedule hereunder and hereinafter
referred to as Schedule property to meet the developer financial necessity and in this regard
the office bearers of the DEVELOPER are in search of suitable buyer. After coming to know
that the Purchaser is in search of residential sites in the vicinity in the approved layout, the
vendors approached the purchaser and offered to sell the schedule property for the prevailing
market price. After mutual discussion the parties have finalized the terms and conditions of
the sale. Accordingly the vendors agreed to sell and the piurcahser agreed to purchase the
Schedule property.

V. NOW THIS AGREEMENT OF SALE WITNESSES AS FOLLOWS:- That, the Vendors


have offered to sell and the Purchasers has agreed to purchase residential vacant site more-
fully described in the Schedule hereunder on the following terms and conditions;

1. The parties have mutually agreed that, the total sale consideration for sale of the
schedule property shall be Rs.12,00,000/- (Rupees Twelve Lakhs only).

2. On the request and demand of the vendor/Developer the purchaser has paid a sum of
Rs.50,000/- (Rupees Fifty Thousand only) by cheque bearing No.201136 dt:21.3.2019
drawn on Alahabad Bank, RR Nagar Branch, Bangalore in favour of Developer/Vendor
towards advance sale consideration, receipt of which, the Developer/Vendor accepts and
acknowledges the same before the witnesses attesting hereunder and further confirmed that
payment and mode of payment is made as per his instructions and request by the purchasers.

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3. The balance sale consideration being Rs.11,50,000/- (Rupees Eleven Lakhs Fifty
thousand only).

4. The time is the essence of this contract. The parties herein together agreed that the
sale transaction under this agreement shall be completed within 12 months from the date of
this agreement. In the meanwhile, the DEVELOPER/VENDOR shall complete all the
development work and obtain site release order from the competent authority to sell the sites
formed in the layout to the prospective purchaser

5. The Developer/Vendors shall co-operate with the Purchaser in the event the purchaser
wants to secure financial assistance from the bank or any other financial institution for
purchase of the schedule property, by producing original deeds and documents of the layout
or the schedule property for the purpose of comparing the same with the copies with the bank.

6. The Vendors/Developer hereby declare and assure to the Purchaser that till date it has
not entered into any kind of agreement in respect of the Schedule Property with any other
person and assure that it will not enter any type of agreement with anybody in future.

7. The parties have mutually agreed that, the Vendors shall deliver vacant possession of
the schedule property at the time of execution and registration of the deed of conveyance of
the schedule property in favour of the Purchasers.

8. It is mutually agreed between the parties herein that, the Vendors shall sell the
Schedule property free from all encumbrances’ charges of all kinds.

9. The Vendors /Developer shall get the katha and other revenue records pertaining to
the schedule property with the local competent authority and shall pay the taxes, cess and

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other outgoings in respect of the schedule property up to the date of sale in favour of the
Purchasers.

10. It is mutually agreed by the parties that the Purchaser is at liberty to get the absolute
sale deed so the schedule property either in her name or in the name of her nominee or in the
name of any other person of her choice. The Developer/Vendors shall not object for
transfer or assignment of right to purchase by the Purchaser in favour of any third party and
shall execute the sale deed without any objection.

11. It is mutually agreed between the parties that, the Purchasers shall get the sale deed
of the schedule property registered at her cost. The Purchasers shall pay the necessary
charges towards stamp duty, registration fee, legal fee and all other miscellaneous and
incidental expenses in connection thereto and he shall not be entitled to deduct the same out
of the balance sale consideration due to the Vendors.

12. The Vendors assure that, they have not entered into any agreement of sale with any
other person/s for sale of the schedule-A property and or any portion thereof and that, after
execution of this agreement they shall not deal with the same in any manner.

13. In the event of the Purchasers being ready and willing to purchase the property and the
Vendors/Developer fail, neglect and refuse to receive the balance sale consideration and
convey encumbrance free title of the schedule property to the Purchaser, the Purchaser shall
be entitled to approach the court of law to specifically enforce this agreement of sale and in
such an event, the Vendors/Developer shall not have any defense whatsoever in the said suit
except to receive the balance sale consideration and to execute the deed of conveyance in
favour of the Purchasers. It is further agreed between the parties, that in the event of the

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Purchasers herein are forced to approach the court for specific performance of this
agreement, the Purchaser is entitled to recover the cost of the said proceedings from the
Vendors herein along with interest on such expenditure.

14. In the event of the Vendors/Developer are ready to execute the absolute sale deed in
favour of the Purchaser by fulfilling all the conditions stipulated above, the Purchaser fails to
pay the balance sale consideration and get the absolute sale deed registered, in such an
event the Vendors/Developer are at liberty to cancel the sale agreement, forfeit a sum of
Rs.50,000/- out of the total advance sale consideration received till such time as liquidated
damages or in the alternative they are also at liberty to specifically enforce this agreement to
sell in a court of law against the party in default.

15. The original copy of this agreement to sell shall be with the Purchasers and copy duly
signed both the parties shall be with the vendors/Developer and both shall be treated as
original by the parties.

SCHEDULE PROPERTY

All that piece and parcel of vacant residential Site No.53, in the layout known as “KNS
NEOLIVA” formed under the consolidated layout plan approved vide No.BMICAPA/TP-
3/RL/24/2017-18, dated 25.10.2018, formed out of Converted lands bearing Sy.Nos.5/53,
5/49, 5/50, 5/52, 5/55, 5/45, 5/46, 5/47, 5/48, 5/42 5/24, 5/43, 5/44, situated at B.M.Kaval
Village, Kengeri Hobli, Bengaluru South Taluk, measuring and bounded as follows;

Measurement: East to West 12.19 Mtrs.


North to South 9.14 Mtrs. In all 111.42 Sq.Mtrs

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Boundary; East : Road,
West : By Site No.66,

North : By Site No.52,

South : By Site No.54.

IN WITNESS WHEREOF the parties have entered into this Agreement to sell on the day and
date first above mentioned before the witnesses attesting hereunder at Bangalore.

WITNESSES:

1.

K.N.S. RESIDENCY LLP,


GPA Holder of C.S. VIDYA, C.S.VINAY KUMAR,
J. JAVANEGOWDA, N.RAJANNA, M. RAJASHEKARAIAH,
LAND OWNERS/ VENDOR,

K.N.S. RESIDENCY LLP,


represented by its Designated Partner Mr.K.N.Surendra
DEVELOPER/ VENDOR

K.AISHWARYA,
PURCHASER

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