Professional Documents
Culture Documents
And
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Hereinafter called or referred to as `the Vendor (which expression shall
unless repugnant to the context or meaning thereof be deemed to mean
and include his heirs, executors, administrators, representatives and
assignees) of the Other Part
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AND WHEREAS Mr. Sagar Nandkumar Shinde, the Vendor herein
entered into an Agreement with the said Developers/Builders in respect of
the Flat No.103 admeasuring 1318 sq. ft. which is equivalent to 122.49
sq.mtrs. carpet area, along with chargeable Terrace area admeasuring 123
sq.ft. on the First Floor in the building named EVORA in the scheme
known as FORTALEZA, situated at Survey No. 210(part), corresponding
CTS No. 2107, Plot No. B, Final Plot No. 72 in the T.P. Scheme I situated
at Village Yerwada, (locally known as Kalyani Nagar) Taluka Haveli,
District Pune., within the jurisdiction of Sub-Registrar Haveli No. 1 to 27
and within the limits of Pune Municipal Corporation, more particularly
described in Schedule hereunder written. Hereinafter referred to as the
said Flat for the consideration as mentioned in the Agreement dated
17/01/2012, which is duly registered at the Office of Sub-Registrar Haveli
No. 7 at Serial No. 512/2012 on the same day.
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LTD. bearing Registration No.PNA/PNA(5)/HSG/(TC) /12593/2012-
2013 dated 29/10/2012 (Hereinafter referred to as the said Society) . And
the said Society has issued Ten fully paid up share of Rs.50/- each which is
aggregating to Rs.500/- having distinctive No.3061 to 3070 under Share
Certificate bearing No. 309 to the Vendor herein.
AND WHEREAS the Vendor had raised a housing loan on the said Premises
from Kotak Mahindra Bank having Loan Account No.006-122774-221 and
Mr. Sagar Nandkumar Shinde have repaid the entire loan amount and the
said Bank has Closed Loan Account on 18/02/2015 and issued No Dues
Certificate to the Vendor.
AND WHEREAS the Vendor thereafter had raised a housing loan on the
said Premises from HSBC BANK having Loan Account No.006-122774-220
and Loan Account No.006-122774-221 and an amount of Rs. 5876427.62 of
Home Loan Account No.006-122774-220 and Rs. 2196665.93 of Home Loan
Account No.006-122774-221 was to be repaid by the Vendor.
AND WHEREAS the Vendor for good and sufficient reason decided to sell,
transfer and assign the said Flat along with all his right, title and interest
acquired in respect of the said Flat and his membership and share
certificate of the said society.
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with all rights appurtenant thereto and all rights, title and interest,
benefits, advantages along with his membership and share certificate of
the said society acquired by the Vendor in favour of the Purchasers herein
for total consideration of Rs.1,55,00,000/- (Rupees One Crore Fifty Five
Lakhs Only) which is just, reasonable and higher amongst other offers to
the Vendor for purchase of the said Flat and the Purchaser herein agreed to
purchase and acquire the same for the consideration mentioned
hereinabove;
AND WHEREAS Vendor had raised a housing loan on the said flat from
HSBC BANK having Loan Account No.006-122774-220 and Loan Account
No.006-122774-221 and an amount of Rs. 5876427.62 of Home Loan
Account No.006-122774-220 and Rs. 2196665.93 of Home Loan Account
No.006-122774-221 was to be repaid by the Vendor.
AND WHEREAS it was agreed by and between the Vendor and the
Purchasers that Vendor shall repay his home loans and obtains No Dues
Certificate from the HSBC BANK and the Vendor shall execute
appropriate deed in favour of Purchasers to convey the right title and
interest in the said flat to the Purchaser within one month from the
execution of the Agreement to Sale.
AND WHEREAS the Purchasers have paid part consideration towards the
purchase of the said flat to the Vendor as follows,
Amount Particulars
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Kalyaninagar Branch, Pune., by the
Purchaser No.1 to the Vendor.
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AND WHEREAS the Vendor has accordingly executed Agreement to Sale
in favour of the Purchasers for the sale of the said flat along with all right
title interest appurtenant to it and membership rights of the said society on
09/06/2021 which is registered at the office of Sub-Registrar Haveli No. 10
vide Sr.No. 8604/2021.
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2. The Vendor hereby sale, convey, transfer all his rights, title and interest
in respect of the said flat, covered car parking, his interest in the
capital/property of the said society along with his membership and share
certificate of the said society and other rights appurtenant to the said flat
to the Purchasers for the consideration mentioned herein above which
is more particularly described in the Schedule written hereunder. The
Vendor or any person claiming through him hereafter shall not have
any right title or interest in the said flat and covered car parking and
other rights appurtenant to it. This Deed of Assignment will be binding
upon all the heirs, executors, administrators, representatives and
assignees of the Vendor or any person claiming through the Vendor.
4. The Vendor covenants that he alone has all the right, title and interest
in the said Flat more particularly described in Schedule hereunder
written. The rights of the Vendor in the said Flat are free from
encumbrances, mortgages and/or charge except mentioned herein
above and the Vendor hereby declare and assure that he has clear and
marketable title in respect of said Flat. The Vendor hereby declares and
assures that he alone has a right to dispose of the rights, title and
interest in the said Flat and nobody has a right to do the same. The
Purchaser has gone through all the documents of title in respect of the
said Flat supplied by the Vendor and the Purchaser has satisfied
himself about clear and marketable title of the Vendor to the said Flat
and the Purchasers have no grievance about the same.
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and the Vendor has deposited an amount of Rs. 5,00,000/- (Rupees Five
Lakhs only) with the Purchasers by transfer through RTGS from
Vendors account No. HSBC 053-368841-006 to the Purchaser No. 1 s
account No. 05391000037182 on 24/06/2021 towards payment of the
maintenance charges of the said society. The Purchasers shall pay the
outstanding maintenance charges till date to the said Society on
16/07/2021 or thereafter on behalf of Vendor from the amount
deposited by Vendor on 24/06/2021 and Purchasers shall refund the
remaining amount to the Vendor after full and final settlement.
6. The Vendor covenants that he has not entered into any kind of
agreement with any person to transfer any right title or interest in the
said flat except the Purchasers herein
7. The Purchasers shall hereafter occupy, enjoy and dispose the said flat
as per their wishes and Vendor or any other person claiming through
the Vendor shall not in any way obstruct or interrupt the Purchasers
from enjoying and occupying the said flat in any manner.
8. The Purchasers shall not be liable to pay any other amount to the
Vendor under any head and the Vendor shall not be liable to claim any
amount under any head from the Purchasers except herein above
mentioned.
10. The Vendor had raised home loans on the said flat from HSBC Bank, as
mentioned herein above and the same had been repaid entirely by the
Vendor. However, subsequent to the execution of present Deed of
Assignment, if it is found that the said Flat is mortgaged by the Vendor
and any loan amount is due in respect of loan transaction or if Vendor
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has created any third party charge on the said flat other than the home
loans mentioned herein above, then it shall be the responsibility and
liability of the Vendor to repay the said loan and remove the charge at
his own cost and the Purchasers shall not be liable to pay the same.
11. The Vendor has paid all taxes, bills and other outgoings in respect of
the said Flat described in Schedule hereunder written till the execution
of the present Deed except the society maintenance charges as
mentioned herein above. If it is found that the Vendor is in arrears of
any amount in respect of the said Flat described in Schedule hereunder
written prior to the execution of the present Deed then it shall be the
duty of the Vendor to pay the said amount. From the handing over of
the vacant and peaceful possession of the said Flat to the Purchasers it
shall be the responsibility of the Purchasers to pay all outgoings in
respect of the said Flat and the Vendor shall not be responsible for the
same.
12. The Vendor hereby undertakes to sign all the necessary documents so
as to perfect the title of the Purchaser without demanding any
additional consideration except herein above mentioned and shall
extend necessary cooperation for the same in future including
documents for transfer of share certificate in the name of Purchaser and
transferring Corporation tax receipt and electricity meter in the name of
Purchaser.
13. The Vendor has handed over the title deeds (original Agreement to
Sale dated 17/01/2012, copy of Parking Allotment letter dated
17/03/2012 of the said flat, original Share Certificate of the said
Society, original No Dues Certificate of HSBC Bank dated
15/06/2021 to the Purchasers on 24/06/2021.
14. The said Flat described in Schedule is not the subject matter of any
litigation and there is no prohibitory order or any other order of any
Court, Office or Authority in respect of the said Flat. The Vendor has
not received any notice of acquisition, requisition from any
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Government Authority till execution of the present Deed of
Assignment in respect of the said flat mentioned in the Schedule.
15. If anybody raises any objection with respect to the title of Vendor to the
said Flat or claims any right, title and interest in the said Flat or any
charge or lien is raised on the said flat by any third party then it shall
be the responsibility of the Vendor to remove such objection or defend
the same or remove the charge or lien at his own cost. And the Vendor
shall keep the Purchasers indemnified from any such claim, objection,
charge or lien by third party.
16. The Purchasers shall get transferred existing electric meter in their
name at their own expense and for that purpose the Vendor shall
extend all necessary co-operation including execution of any
application, affidavit, NOC etc.
17. The Vendor undertake to obtain all necessary permissions which are
required for the present transaction and transfer of share certificate at
his own cost, viz. no objection from the Society, if any, and the
Purchasers shall not be responsible for the same.
18. It is agreed by and between the parties that Vendor and Purchasers
shall bear 50%-50% share transfer charges of the said Society.
19. The Purchasers has paid the necessary Stamp Duty, Registration Fees
for the transaction of sale-purchaser of the said flat on the document of
Agreement to Sale dated 09/06/2021 registered at Sub-Registrar
Haveli No.10 vide Sr. No. 8604/2021 through Online E-Challan Nos.
GRN MH002012894202122E. Hence Purchasers have paid stamp duty
of Rs. 500/- and registration charges of Rs. 100/- on the present Deed of
Assignment.
All that piece and parcel of Residential Flat No.103 admeasuring 1318 sq.
ft. which is equivalent to 122.49 sq.mtrs. carpet area, along with
chargeable Terrace area admeasuring 123 sq.ft. situated on the First Floor
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along with Single Sheltered Car parking under the stilt floor bearing No.
EV-9 in the building EVORA in the FORTALEZA CO-OPERATIVE
HOUSING SOCIETY LTD., along with the membership rights and Ten
fully paid up shares of Rs.50/- each which is aggregating to Rs.500/-
having distinctive Numbers from 3061 to 3070 under the Share Certificate
No.309 of the said society, standing and lying at standing and lying at
Survey No.210 (part), corresponding CTS No. 2107, Plot No. B, Final Plot
No. 72 in the T.P. Scheme I situated at Village Yerwada, (locally known
as Kalyani Nagar) Taluka Haveli, District Pune., within the jurisdiction of
Sub-Registrar Haveli No. 1 to 27 and within the limits of Pune Municipal
Corporation,
VENDOR
Signature Thumb Impression Photograph
PURCHASERS
Signature Thumb Impression Photograph
Dr. Mr.
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Chandrashekhar Anil
Sohoni
WITNESSES
1. Sign: 2. Sign:
Name: 1. Name:
Address: Address:
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