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SALE DEED

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


Twenty Second Day of January Two Thousand Ten (22-01-2010) at
Bangalore

BY:-
Sri.M.Krishnamurthy,
Aged 44 years,
S/o. late Cheluvaswamy,
R/at. No.90,
7th Block, WCR,
Basaveshwara Nagar,
Bangalore - 560079
PAN No.

Hereinafter referred to as “SELLER” (which expression unless repugnant


to the context shall mean and include his legal heirs, representatives,
administrators, executors, successors, assigns, etc.,) of the ONE PART

IN FAVOUR OF:-
Sri. Balakrishna,
Aged 45 years,
S/o. Late. Rangegowda,
R/at. No. 45,
4th Main, Basaveshwaranagar,
Bangalore-560079
PAN No.

Hereinafter referred to as “PURCHASER” (which expression unless


repugnant to the context shall mean and include his legal heirs,
representatives, administrators, executors, successors, assigns, etc.,) of
the OTHER PART

WITNESSETH AS FOLLOWS:-

WHEREAS the Seller herein is the absolute owner by title and in


peaceful possession and enjoyment of the residential property
bearing No.441, 3rd Block, 3rd Stage, West of Chord Road,
Basaveshwara Nagar, ward No.19, new ward no 100, PID No.19-3-441,
Bangalore, measuring East to West 60 feet and North to South 40 feet in
all measuring 2400 Sq., which is more fully and particularly described in
the Schedule and hereinafter referred as ‘SCHEDULE PROPERTY’.

WHEREAS the Seller represents that he got purchased the


Schedule Property under a sale deed dated 05-12-2007 from his vendor
Sri.B.N.Vishwanath, for a valuable sale consideration, which is registered
as Document No.3915/07-08, in Book-I, stored in CD No.RJND117, in the
office of the Sub-Registrar, Rajajinagar, Bangalore. Thereafter the seller
has got changed all revenue records in his name in the office of BBMP,
Bangalore. The seller further states that originally the schedule
property was allotted in favour of his vendor Sri.B.N.Vishwanath
by the then Bangalore City Improvement Trust Board, vide allotment
No.441/III/WCRIII/73-74, vide Board Resolution No.1395, dated
12.9.1973. Thereafter the CITB executed a Lease Cum Sale Agreement in
favour of Sri.B.N.Vishwanath in respect of the site on 21.01.1977 and is
registered as Document No.2847/76-77, Book-I, Volume No.269, at
pages 107-108, in the office of the Sub-Registrar, Rajajinagar, Bangalore.
Subsequently the said Sri.B.N.Vishwanath was put in vacant possession of
the site on 02.02.1977 vide memo No.PR25, by the then CITB.

WHEREAS after completion of the lease period of 10 years and


having complied with the terms and conditions of the lease cum sale
agreement, the Bangalore Development Authority (CITB is now known as
BDA) has executed an absolute sale deed in favour Sri.B.N.Vishwanath on
04.3.1993, which is registered as Document No.4791/92-93, Book-I,
Volume No.1470, at pages 3 to 4, in the office of the Sub-Registrar,
Rajajinagar, Bangalore. That subsequently the property has fallen within
the administrative jurisdiction of Bruhath Bangalore Mahanagara Palike
and Sri.B.N.Vishwanath has got registered the khatha and other revenue
records in his name and has paid upto date taxes to the BBMP. That
Sri.B.N.Vishwanath has extended the building pursuant to the sanctioned
plan and license vide LP No.378/02-03 dated 18.2.03. Thus the seller
herein has acquired the schedule property in the aforesaid manner and is
in peaceful possession and enjoyment of the schedule property, by
exercising all the rights as a true owner, without any hindrance from any
quarters from the date of acquisition.

NOW THIS SALE DEED WITNESSETH AS UNDER:-

1. That in pursuance of the said agreement and sale consideration of


Rs.1,00,04,000.00 (Rupees One Crore Four Thousand Only) the Purchaser
has paid the said sum of Rs.1,00,04,000.00 (Rupees One Crore Four
Thousand Only) as detailed hereunder;

a) Rs. 2,03,000/- (Rupees Two Lakhs and Three Thousand Only) by way
of cheque vide No.006832 dated 12.12.2009, drawn on Bank of India,
Basaveshwara Nagar Branch, Bangalore, under the agreement of sale;

b) Rs.98,01,000/- (Rupees Ninety Eight Lakhs One Thousand Only) by


way of bankers cheque vide No.124937 dated 22.1.2010, drawn on Bank
of India, Basaveshwara Nagar Branch, Bangalore, before the Sub-
Registrar.

2. Thus the seller hereby admits and acknowledges the receipt


of the entire sale consideration amount of Rs.1,00,04,000.00 (Rupees
One Crore Four Thousand Only), in the presence of the witnesses
attesting hereunder and acquits and releases the purchaser forever of any
further payment and in consideration of the same, the seller hereby
conveys, sells, transfers, grants and assigns unto and to the use of
the Purchaser all that part and parcel of the Schedule Property free from
all encumbrances, court attachments, litigations, maintenance charges,
claims and demands whatsoever together with all the right of ways,
easements of necessity, advantages, whatsoever pertaining to or
belonged to the Schedule Property, who shall hold, possess, use and
enjoy all the rights, title, interest and privileges belonging thereto TO
HAVE TO HOLD AND TO ENJOY the Schedule Property and every part
thereof, TO AND UNTO to the Purchaser absolutely and forever.
3. The Seller hereby covenants with the Purchaser that not
withstanding any act, deed or thing hereto before done, excluded or
knowingly suffered, the seller has full power and absolute authority and
indefeasible title to sell the Schedule Property and the said property is
free from all encumbrances like maintenance charges, mortgages,
court attachments, liens and obligations whatsoever and the Purchaser
shall hereafter peacefully and actually HOLD POSSESS AND ENJOY the
Schedule Property without any claim or demands, disturbances or
interruption whatsoever from the Seller, his heirs, legal representatives,
administrators, executors and assigns etc., and the Schedule Property is
also free from all encumbrances, suits, proceedings, costs, claims and
demands.

4. The Seller further covenants that he shall at his own cost and
request of the Purchaser, do or execute or cause to be done or execute all
such lawful acts, deeds, deeds of further assurances, confirmation
deeds, rectification deeds and other things whatsoever for further and
more perfectly and more fully conveying and assuring ownership and
possession of the Schedule Property and every part thereof, in the
manner aforesaid according to the true meaning and intent of this deed.

5. The Seller further covenants with the Purchaser that he being the
absolute owner and having acquired the schedule property out of his
own funds is fully seized and possessed of and has the right to sell
the same in favour of the Purchaser and further there are no
acquisition or legal or departmental proceedings against the
Schedule Property and he has not entered into any agreement to sell
or memorandum of understandings or any other deed in respect of
the Schedule Property or portions thereof with any third party, except in
favour of the seller herein and the Seller hereby agrees to indemnify
and keep indemnified the Purchaser from or against any losses the
Purchaser may suffer consequent upon breach of covenants by the Seller.
6. The Seller hereby assures and covenants with the Purchaser that
there are no encumbrances or any settlements, Will, charge, liens,
mortgages, attachments, maintenance charges, either by agreement,
court order or decree, pending or threatened legal proceedings or land
acquisition proceedings or notifications of any kind or any of the security
or claims on the Schedule Property that may in any manner derogate
from the full and absolute ownership of property hereby conveyed and the
Seller hereby specifically agrees to defend at his own cost or enable
the Purchaser to defend at the cost of the Seller and also compensate the
Purchaser in case he is exposed to losses and claims. In the event of
whole or any part of the Schedule Property is being lost to the Purchaser
or he is exposed to losses and claims, on account of any claim made
hereto by the Seller or his heirs, legal representatives and other persons
claiming under him, the Seller shall compensate the Purchaser for such
losses and consequential losses together with all the expenses and costs
of litigation, if any, which the Purchaser may incur in protecting his title to
the Schedule Property.

7. The Seller has paid up to date taxes and other cesses in respect of
the Schedule Property to BBMP and the Purchaser can pay the same here
afterwards. The Seller has no objections for transfer of Khatha in the
name of the Purchaser and has assured the Purchaser that he will extend
all cooperation in getting the Khatha of the Schedule Property transferred
in his name.

8. The Seller has this day delivered to the Purchaser the following
documents in respect to the schedule property to the purchaser for his
future reference and needful;
a) Letter of allotment issued by CITB
b) Lease cum sale agreement dated 21.01.1977 executed by CITB
c) Possession certificate dated 02.02.1977 issued by CITB
d) Sale deed dated 04.03.1993 executed by BDA in favour of
B.N.Vishwanath
e) Khatha certificate in the name of Sri.B.N.Vishwanath,
f) Khatha extract in the name of Sri.B.N.Vishwanath
g) Tax paid receipt in the name of Sri.B.N.Vishwanath
h) Sanctioned plan for extension of building vide LP No.378/02-03
i) Sale deed dated 05.12.07 executed in favour of seller
j) Deed of declaration dated 7.07.2003
k) Khatha certificate in the name of Sri.K.Srinivasamurthy,
l) Khatha extract in the name of Sri. K.Srinivasamurthy
m)Tax paid receipt in the name of Sri. K.Srinivasamurthy
n) Letter of attornment in respect of existing tenants
o) Encumbrance certificates for the period 01.04.1972 to 31.3.2002,
01.3.1993 to 26.02.2003, 01.04.07 to 05.12.07 and 01.04.2002 to
13.12.09.

9. The purchaser at his cost has taken out paper publications in The
Hindu English Daily News paper and Udayavani Kannada Daily News
paper notifying the general public about his intention to purchase the
schedule property and as on date the purchaser or his advocate have not
received any objections or claims for the sale transaction.

10. The Seller has this day delivered vacant physical possession of
the ground floor portion of the Schedule Property and has put the
purchaser in symbolic possession in respect of the rest of the tenanted
portions of the schedule property. The Purchaser can have hold,
enjoy, possess the same as absolute owner thereof for ever. The seller
has also issued attornment letters to the tenants informing about the
sale transaction in favour of the purchaser.

11. That the Purchaser has borne the necessary stamp duty,
registration charges and other expenses towards getting the sale deed
registered in his name.

SCHEDULE PROPERTY

All the part and parcel of the residential property bearing No.441,
3rd Block, 3rd Stage, West of Chord Road, Basaveshwara Nagar, ward
No.19, present ward no 100, PID No.19-3-441, Bangalore, measuring
East to West 60 feet and North to South 40 feet in all measuring 2400 Sq.
ft, and with a building in ground floor to an extent of 1350 sq. ft., in first
floor 1350 sq.ft. and second floor 250 sq. ft., and bounded on the:
East by : Site No.432,
West by : Road,
North by : Site No. 442,
South by : Site No. 440.

The ground floor portion of the building was constructed about 16


years back and the additional building on the upper floors is constructed
in the year 2003 and the flooring is of mosaic with RCC Roof, windows
and doors are of jungle wood and aluminum frames and the building is
provided with electricity and water connections. The schedule property is
situated in a cross road away from prominent places.

IN WITNESS WHEREOF the Seller and Purchaser have signed this


Deed of Sale on the day, month and year first above mentioned.

WITNESSES:-

1.

SELLER

2.

PURCHASER

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