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DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT is made and executed at Pune on this 28th


day of June, 2021.
Between

1) Dr. Mr. CHANDRASHEKHAR ANIL SOHONI


Age: 40 years, Profession: Doctor,
PAN: BKZPS7518H
AADHAAR: 5380 6174 4640
Residing at: 18, Professor Colony,
At Post Dondaicha, Dhule – 425 408.

2) Dr. Mrs. DIPTI CHANDRASHEKHAR SOHONI


Age: 41 years, Profession: Doctor,
PAN: BMZPK7946M
AADHAAR: 4520 0394 3050
Residing at: B – 5, Common Wealth Society,
Opposite Bund Garden, at Post,
Pune – 411 001.

Hereinafter called or referred to as `the Purchasers’ (which expression


shall unless repugnant to the context or meaning thereof be deemed to
mean and include their heirs, executors, administrators, representatives
and assignees) of the One Part.

And

Mr. SAGAR NANDKUMAR SHINDE


Age: 40 years, Occupation: Business,
PAN: BATPS0651K
AADHAAR: 2906 6051 3502
Residing at: Flat No.103, Evora Fortaleza
Complex, Opposite Carnival Cinema, Kalyaninagar,
Pune – 411 014.

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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

WHEREAS the project named ‘FORTALEZA’ is developed by


FORTALEZA DEVELOPERS, an Association of Persons formed by
Sanand Properties Pvt. Ltd., and M/s. Raviraj kothari and Co.,( Hereinafter
referred to as the said Developer/Builder) by executing an agreement of
Associations of Persons dated 29th April 2003, on the land bearing 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 which is more particularly
described in Schedule written hereunder.

AND WHEREAS the said Developer/Builder got Layout of building plans


of the proposed development and construction sanctioned from the Pune
Municipal Corporation on the said property vide its commencement
Certificate No. DPO/7026/V/107 dated 14/01/2002. The Collector of Pune
has granted NA. permission vide its NA Order No.
PRN/NA/SR/27/III/2002 dated 10/05/2002.

AND WHEREAS the Developer/Builder thereafter, got the building/s


plans approved from the Pune Municipal Corporation vide
Commencement Certificate No.BCO/505 dated 15/01/2003 and thereafter
Revised Building/s Plans were approved vide Commencement Certificate
No.1446 dated 10/04/2006 from the Pune Municipal Corporation and
constructed building on the said Land known as “FORTALEZA” as per
sanctioned layout plans.

AND WHEREAS the said Developer/Builder has entered into agreement


for sale of the proposed flats on ownership basis to the prospective
Purchasers of their choice as per the provisions of the Maharashtra
Ownership Flats Act.

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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.

AND WHEREAS the said Developer/Builder completed the construction


of building as per the sanction plan and obtained the Completion
Certificate No.03001 vide Outward No.BCO/08/137 dated 31/03/2008 from
the Pune Municipal Corporation and delivered the possession of the said
Flat to Mr. Sagar Nandkumar Shinde, i.e. the Vendor herein.

AND WHEREAS the said Developer/Builder has allotted Single Sheltered


Car Parking Space to Mr. Sagar Nandkumar Shinde vide a Letter of
Allotment dated 17/03/2012.

AND WHEREAS the Electricity Meter No. 05314811252 having Consumer


No. 160231606821 of the said Flat is in the name of the Vendor i.e. Mr.
Sagar Nandkumar Shinde. The said Premises is assessed by the Pune
Municipal Corporation vide Milkat No.O/1/01/02271466 and the name of
the Vendor i.e. Mr. Sagar Nandkumar Shinde is recorded the Tax and
Assessment Register of the Pune Municipal Corporation.

AND WHEREAS the unit holders of the project named “FORTALEZA”


where the said flat is situated have formed a Co-operative Housing Society
by the name “FORTALEZA CO-OPERATIVE HOUSING SOCIETY

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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 is well possessed and sufficiently entitled to


the said Flat more particularly described in the Schedule written
hereunder;

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.

AND WHEREAS the Purchasers after getting knowledge of the intention


of the Vendor, approached the Vendor and requested him to transfer, sell,
convey the said Flat along with all rights, title and interest acquired by the
Vendor in respect of the said Flat and his membership and share certificate
of the said society, in favour of the Purchasers;

AND WHEREAS after negotiations and discussion about consideration,


and terms and conditions of the transfer / sale / assignment, the Vendor
agreed to sell, transfer, assign, convey and dispose of the said Flat along

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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 Vendor and Purchasers


that Purchasers shall pay Rs. 1,05,00,000/- (Rupees One Crore Five Lakhs
only) to the Vendor and Vendor shall execute Agreement to Sale in favour
of the Purchasers and the Purchasers shall pay remaining consideration of
Rs.50,00,000/- (Rupees Fifty Lakhs only) to the Vendor at the time of
execution of the final Assignment Deed

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

Rs.5,00,000/- Paid by Cheque No.000161 dated


20/05/2021 drawn on HDFC Bank.,

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Kalyaninagar Branch, Pune., by the
Purchaser No.1 to the Vendor.

Rs. 48,00,000/- Paid and transferred by the Purchaser


No.1 from his Saving Account
No.05391000037182 maintained with
HDFC Bank, dt. 8/6/2021 vide UTR
No. HDFCR52021060896170129 in the
Vendor’s Saving Account No. in the
Vendor’s Saving Account No.
053368841006 maintained with HSBC
AdvanceBank, New Delhi.

Rs. 29,00,000/- Paid and transferred by the Purchaser


No.2 from his Saving Account No.
564302010007069 maintained with Union
Bank of India, dt. 8/6/2021 vide UTR No.
UBINH21159142628 in the Vendor’s
Saving Account No. 053368841006
maintained with HSBC Advance Bank,
New Delhi.

Rs. 23,00,000/- Paid and transferred by the Purchaser


No.2 from his Saving Account
No.5010018112968 maintained with
HDFC Bank, dt. 8/6/2021 vide UTR
No.HDFCR52021060896234551 in the
Vendor’s Saving Account No.
053368841006 maintained with HSBC
AdvanceBank, New Delhi.

Rs.1,05,00,000/- (Rupees One Crore Five Lakhs Only)

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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.

AND WHEREAS after the execution and registration of Agreement to Sale,


the Vendor has repaid his home loans with HSBC Bank and HSBC Bank
has issued letters of closure and ‘No Objection Certificate’ of the home
loans dated 15/06/2021 for the home loans bearing Account No.006-
122774-220 and 006-122774-221.

AND WHEREAS the Purchasers have issued Demand Draft dated


28/06/2021 drawn on HDFC bank bearing No. ___________ of remaining
consideration of the said flat of Rs. 48,45,000/- (Rupees Forty Eight Lakhs
Forty Five Thousand only) in favour of the Vendor. The Vendor hereby
acknowledge the receipt of the said payment Rs. 48,45,000/- (Rupees Forty
Eight Lakhs Forty Five Thousand only).

AND WHEREAS the Purchasers shall pay 1% amount of consideration in


respect of payment of TDS in the account of Vendor and FORM 26QB and
Challan of payment shall be provided to the Vendor within 7 days from
the date of registeration of this deed.

NOW THEREFORE THIS DEED OF ASSIGNMENT WITNESSETH as


under,

1. The Vendor hereby acknowledge the receipt of total consideration of


Rs.1,55,00,000/- (Rupees One Crore Fifty Five Lakhs Only) from the
Purchasers as mentioned above.

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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.

3. The Purchaser No. 1 Dr. Mr. Chandrashekhar Anil Sohoni has


contributed 66% of the total consideration of the said Flat and the
Purchaser No. 2 Dr. Mrs. Dipti Chandrasekhar Sohoni has contributed
34% of the total consideration and accordingly the Purchaser No. 1
shall have 66% undivided share and Purchaser No. 2 shall have 34%
undivided share in the said Flat.

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.

5. The Vendor covenants that maintenance charges of Rs. 2,77,575.79/-


(Rupees Two Lakhs Seventy Seven Thousand Five Hundred Seventy
Five and Seventy Nine Paise only) of the said Society are outstanding

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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
Vendor’s 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.

9. At the time of execution of this Deed of Assignment, the Vendor has


handed over the actual and physical possession of the said Flat together
with all fixtures and fittings therein and sheltered covered car parking
to the Purchasers by handing over keys of the said flat to the
Purchasers and the Purchasers have received the actual, physical and
vacant possession of the said flat and car parking from the Vendor.

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.

SCHEDULE OF THE FLAT

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,

IN WITNESS WHEREOF the parties hereto have signed this Deed of


Assignment at Pune on this 28th day of June 2021.

VENDOR
Signature Thumb Impression Photograph

Mr. Sagar Nand


Kumar Shinde

PURCHASERS
Signature Thumb Impression Photograph

Dr. Mr.

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Chandrashekhar Anil
Sohoni

Dr. Mrs. Dipti


Chandrashekhar
Sohoni

WITNESSES
1. Sign: 2. Sign:

Name: 1. Name:

Address: Address:

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