Professional Documents
Culture Documents
AFFIDAVIT
I, M/s. Indiabulls Commercial Credit Limited, a company incorporated under the provisions of
the companies Act,2013 having its registered office at M-62&63, First Floor, Connaught Place,
New Delhi-110001, through its authorized signatory Mr. duly authorized vide
boards resolution date 23/Aug/2021, do hereby solemnly affirm and declare as under:
2. That no one else, including my family members or my legal representative have any
right, title or interest in the said Apartment/Villa/Plot, whether directly or indirectly.
3. That I have assigned, transferred and conveyed all my rights and obligations in the said
Apartment/Villa/Plot in favour of my nominee, M/s. Wavenet Solutions Private
Limited, a company incorporated under the provisions of the Companies Act, 1956
having its registered office at S 231, GF, Uppal Southend, Sohna Road, Sector 49,
Gurugram, Haryana 122018, through its director Mr. Sanjay Charanlal Bisen.
(hereinafter referred to as the ”Nominee(s)”) finally and irrevocably and have duly
received the entire agreed consideration from the said Nominee(s).
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duly executed by both of us and also by endorsement in favor of the said Nominee(s) on
the back of the above said original documents.
5. That I along with ______________ 4have received a total sum of Rs. _____________
(Rupees___________________ ______________ only) from the said Nominee(s) consisting of a
sum of Rs._____________ on account of the payments already made by me to Company
under the said Apartment/Villa/Plot Buyer’s Agreement and the balance amount of
Rs._____________ on account of premium.
6. That I confirm that neither I nor my family/legal representatives are hereafter left with
any right, title or interest of any kind whatsoever in the said Apartment/Villa/Plot.
7. That I shall not make any claim for any delay in handing over possession or delay
compensation or any rebate under a scheme or otherwise or any other discount, by
whatever name called, from the Company.
8. That the said Apartment/Villa/Plot has not been mortgaged with any bank as no loan is
being availed by me from any Bank or Financial Institutions. /That I have obtained NOC
from the __________Bank which had advanced me the loan against a lien on the said
Apartment/Villa/Plot and I have fully discharged the said loan and no claim is
outstanding against me from the said Bank.5
Date: DEPONENT
Place:
VERIFICATION:
I, the above-named Deponent, do hereby verify that the contents of above affidavit are true to
my knowledge and correct to the best of my belief. No part of it is false and no material fact has
been concealed by me therefrom.
DEPONENT
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(by the Transferee)
AFFIDAVIT
I, M/s. Wavenet Solutions Private Limited, a company incorporated under the provisions of
the Companies Act, 1956 having its registered office at S 231, GF, Uppal Southend, Sohna
Road, Sector 49, Gurugram, Haryana 122018, through its director Mr. Sanjay Charanlal
Bisen. aged about _____ , do hereby solemnly affirm and declare as under:
1. That I along with M/s. Wavenet Solutions Private Limited, a company incorporated
under the provisions of the Companies Act, 1956 having its registered office at S 231,
GF, Uppal Southend, Sohna Road, Sector 49, Gurugram, Haryana 122018, through its
director Mr. Sanjay Charanlal Bisen 6have purchased/acquired the rights of the
current allottee/s i.e. M/s. Indiabulls Commercial Credit Limited , a company
incorporated under the provisions of the companies Act,2013 having its registered
office at M-62&63 , First Floor , Connaught Place, new delhi-110001, through its
authorized signatory Mr.___________________________duly authorized vide boards resolution
date 23/Aug/20217 in the Apartment/Villa/Plot bearing No. OC-VV-B-29-05 measuring
5437 sq.ft./sq.yd. approx.8 in IREO VICTORY VALLEY project at SECTOR-
67(“Apartment/ Villa/Plot” )of M/s._____________________________hereinafter referred to as
“Company” which term includes it associated, collaborative and group companies)
under the Apartment/Villa/Plot Buyer’s Agreement dated_______________ (“Apartment/
Villa/Plot Buyer’s Agreement”), after making payment of entire agreed consideration to
Company.
3. That I have carefully read over the said Apartment/Villa/Plot Buyer’s Agreement and I
consent without any reservation whatsoever to be bound thereunder.
4. That I hereby forego and waive my right to receive any compensation for delay in
handing over possession or any rebate under a scheme or otherwise or any other
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discount, by whatever name called, from the Company and to this extent the
Apartment/Villa/Plot Buyer’s Agreement shall stand modified from this day henceforth.
5. That I understand and affirm, based on my personal knowledge and legal advice
obtained by me, that there is no legal incapacity or impediment in effecting the
nomination/transfer/assignment of the rights and obligations from the above
mentioned Mr./Mrs./Ms._______________________________ under the said
Apartment/Villa/Plot Buyer’s Agreement in my favor.
DEPONENT
VERIFICATION:
I, the above-named Deponent, do hereby verify that the contents of my above affidavit are true
to my knowledge and correct to the best of my belief. No part of it is false and no material fact
has been concealed by me therefrom.
DEPONENT
(by the Transferor)
INDEMNITY BOND-CUM-UNDERTAKING
THIS INDEMNITY BOND-CUM-UNDERTAKING is made on this the ____day of_____, 2021 by M/s.
Indiabulls Commercial Credit Limited, a company incorporated under the provisions of
the companies Act,2013 having its registered office at M-62&63, First Floor, Connaught
Place, new delhi-110001, through its authorized signatory Mr. duly
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authorized vide boards resolution date 23/Aug/2021 (hereinafter collectively referred
to as the “Indemnifier” which expression shall include his/her/their heirs, successors,
executors, administrators and assigns) of the ONE PART;
IN FAVOUR OF
M/s. __________________________, a company incorporated under the Companies Act, 1956 having its
registered office at _________________ (hereinafter referred to as the “Beneficiary”, which
expression shall, unless repugnant to the context thereof, be include its successors,
administrators, nominees and assigns) of the OTHER PART.
WHEREAS:
A. The Indemnifier has entered into and is the current allottee under the
Apartment/Villa/Plot Buyer’s Agreement dated ________ with the Beneficiary
_______(“Apartment/Villa/Plot Buyer’s Agreement”) for purchase of an
Apartment/Villa/Plot bearing no. OC-VV-B-29-05 admeasuring 5437 sq. ft. /sq. yd. in
IREO VICTORY VALLEY Project at SECTOR-67 (“ Apartment/Villa/Plot”).
B. Out of the total consideration and other charges payable in accordance with the said
Apartment/Villa/Plot Buyer’s Agreement, the Indemnifier has till date paid an amount
of Rs. _________________/- (Rupees ________________________ only), details whereof are as
follows and the original receipts are annexed hereto:
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Gurugram, Haryana 122018, through its director Mr. Sanjay Charanlal Bisen (hereinafter
collectively11 referred to as the ”Nominee(s)”).
E. That the Indemnifier has requested the Beneficiary to assign/transfer his/her rights in
the said Apartment/Villa/Plot Buyer’s Agreement in the name of the aforesaid
Nominee(s)/ transferee(s)/assignee(s) in place of the Indemnifier and the Indemnifier
further requests the Beneficiary to give effect to such transfer/assignment forthwith.
2. That, the Indemnifier, jointly and severally, undertakes to keep the Beneficiary, its
successors and assigns, saved, harmless and indemnified against any claims, losses,
damages, costs, including litigation costs, taxes, duties, etc., of any kind whatsoever
including stamp duty and registration charges, suffered or incurred, directly or
indirectly at any point of time in present or future or in any manner whatsoever by the
Beneficiary in respect of the said Apartment/Villa/Plot, on account of or resulting from
the nomination/transfer/assignment of the rights of the Indemnifier in favor of the
aforesaid Nominee(s)/ transferee(s)/assignee(s).
IN WITNESS WHEREOF, I/we the above named have set my/our hands on these presents on
the date hereinabove first mentioned in the presence of the witnesses who have also set and
subscribed their respective hands in my/our presence and in the presence of each other.
INDEMNIFIER
WITNESSESS:
1.
2.
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(by the Transferee)
INDEMNITY BOND-CUM-UNDERTAKING
IN FAVOUR OF
M/s. _________________________, a company incorporated under the Companies Act, 1956 having its
registered office at ____________________________________ (hereinafter referred to as the “Beneficiary”,
which expression shall, unless repugnant to the context thereof, be include its successors,
administrators, nominees and assigns ) of the OTHER PART.
WHEREAS:
B. The Current Allottee has already paid an amount of Rs. ___________/- (Rupees
________________________ only) as per the said Apartment/Villa/Plot Buyer’s Agreement
towards the sale consideration for purchase of the said Apartment/Villa/Plot, the
payment details whereof are as follows:
a) Receipt No. __________dated ________ Amount Rs. ___________________
b) Receipt No. __________dated ________ Amount Rs. ___________________
c) Receipt No. __________dated ________ Amount Rs. ___________________
d) Receipt No. __________dated ________ Amount Rs. ___________________
C. The Current Allottee has vide his/her letter dated _________ to the Beneficiary had
requested to nominate/transfer/assign/convey the said allotment of the
Apartment/Villa/Plot in favor of the Indemnifier. That the Indemnifier has also
requested the Beneficiary vide letter dated __________ to transfer the said allotment of the
Apartment /Villa/Plot in his/her name as the nominee(s)/transferee(s)/assignee(s) in
place of the Current Allottee.
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D. That the Indemnifier has carefully read over the said Apartment/Villa/Plot Buyer’s
Agreement and consent without any reservation whatsoever to be bound thereunder.
E. The Indemnifier is ready and willing and undertakes to pay the balance of the total sale
consideration i.e. Rs. ____________/- to the Beneficiary directly in accordance with the said
Apartment/Villa/Plot Buyer’s Agreement. The Indemnifier has also agreed and
undertaken to pay other unpaid charges like, EDC, IDC, PLC, IFMS and other taxes like
service Tax, VAT, stamp duty, registration charges, expenses etc., as a precondition for
effecting the said nomination/transfer/assignment.
1. That the Indemnifier undertakes and agrees with the terms and conditions as set out in
the Apartment/Villa/Plot Buyer’s Agreement dated________ and he/she/they has/have
fully understood the same and undertaken to abide by all the terms and conditions of
the said Apartment/Villa/Plot Buyer’s Agreement for purchase of the said
Apartment/Villa/Plot and more specifically to make timely payment of all installments,
charges and demands as well as other terms imposed by the Beneficiary from time to
time. The Indemnifier hereby agrees to forego and waive his/her right to receive any
compensation for delay in handing over of possession or any rebate under a scheme or
otherwise or any other discount, by whatever name called, from the Beneficiary and to
this extent the Apartment/Villa/Plot Buyer’s Agreement shall stand modified from this
day henceforth.
2. That the Indemnifier shall indemnify the Beneficiary and keep the Beneficiary saved,
indemnified and harmless against the loss and damages whether caused directly or
indirectly, due to any claim of the transferor and/or any other person claiming through
or under him/her/then for any right, title interest in the said allotment or the
nomination/transfer/ assignment of the said Apartment/Villa/Plot in the name of the
Indemnifier.
3. That the Indemnifier, jointly and severally 16 undertakes to keep the Beneficiary, its
successors and assigns harmless and indemnified against any claims, losses, damages,
costs including litigation costs, taxes, duties, etc., of any kind whatsoever, including
stamp duty, registration charges suffered or incurred, directly or indirectly or in any
manner whatsoever by the Beneficiary on account of the
nomination/transfer/assignment of the rights and obligations under the said
Apartment/Villa/Plot in favor of the Indemnifier.
4. That the Indemnifier assures and undertakes to comply with all the terms and
conditions, rules and regulations laid down by the Beneficiary from time to time for the
said nomination/transfer/assignment in favor of the Indemnifier in place of the Current
Allottee with respect to the said Apartment/Villa/Plot.
5. That the Indemnifier assures and undertakes to execute all other documents as the
Beneficiary may feel necessary for the purposes of nomination/transfer/assignment of
the rights and obligations under the said Apartment/Villa/Plot Buyer’s Agreement and
for execution of the Sale Deed/Deed of Apartment/Villa/Plot or any other document at
any point of time in present or future, and whether before or after making the payment
of the entire sale consideration and other dues to the Beneficiary.
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Only in case of joint allottees
6. That the Indemnifier has not violated any applicable provision of law particularly the
provisions of Indian Stamp Act in respect of the aforesaid nomination/
transfer/assignment of the rights and obligations under the said Apartment/Villa/Plot
Buyer’s Agreement for the Apartment/Villa/Plot, and if there shall arise any liability,
duty, penalty of whatever kind in this regard, the Indemnifier shall be exclusively liable
and responsible therefor, and the Indemnifier further undertakes to pay the same and
also hereby indemnifies and undertakes to keep the Beneficiary saved, harmless and
indemnified against any loss, penalty damage that may be caused.
7. The Indemnifier assures and undertakes to pay stamp duty on the total sale
consideration under the said Apartment/Villa/Plot Buyer’s Agreement as increased by
the premium of Rs. ___________________ paid by the Indemnifier under the
Nomination/Transfer Agreement dated __________ between the Indemnifier and the
Current Allottee prior to the registration of the sale deed for the said
Apartment/Villa/Plot.
IN WITNESS WHEREOF, I/we, the above named, have set my/our hands on these presents on
the date hereinabove first mentioned in the presence of the witnesses who have also set and
subscribed their respective hands in my/our presence and in the presence of each other.
INDEMNIFIER
WITNESSESS:
1.
2.
NOMINATION/TRANSFER AGREEMENT
BETWEEN
M/s. Indiabulls Commercial Credit Limited, a company incorporated under the provisions of the
companies Act,2013 having its registered office at M-62 & 63, First Floor, Connaught Place, New
Delhi-110001, through its authorized signatory Mr. _____________________________duly authorized
vide boards resolution date 23/Aug/2021 (hereinafter referred to as the “Transferor” which
expression shall unless repugnant to the context thereof be deemed to mean and include
his/her/their heirs, successors, executors, administrators and assignees) of the ONE PART;
AND
M/s. Wavenet Solutions Private Limited, a company incorporated under the provisions of the
Companies Act, 1956 having its registered office at S 231, GF, Uppal Southend, Sohna Road, Sector
49, Gurugram, Haryana 122018, through its director Mr. Sanjay Charanlal Bisen (hereinafter
referred to as “Transferee” which expression shall unless repugnant to the context thereof be
deemed to mean and include his/her/their heirs, successors, executors, administrators and
assignees) of the OTHER PART;
(The above-mentioned parties to this Agreement shall also be collectively referred to as the
“Parties” and individually as the “Party”).
WHEREAS:
A. The Transferor out of his/her own funds has acquired sole and exclusive rights to
purchase the Apartment/Villa/Plot bearing no. OC-VV-B-29-05 admeasuring 5437 sq. ft.
approx.17 IREO VICTORY VALLEY project at SECTOR-67 (hereinafter referred to as the
said “Apartment/Villa/Plot”) from M/s. IREO Victory Pvt. Ltd. (hereinafter referred to as
“Company” for short), vide the following documents:
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B. No other person(s) except the Transferor has any right, title or interest whatsoever in
the said Apartment/Villa/Plot.
C. The Transferor has not entered into any Agreement to Sell or any deal, commitment or
settlement of any kind whatsoever in relation to the said Apartment/Villa/Plot in favour
of any other party till date.
i.
ii.
iii.
iv.
3. That the Transferee has agreed to pay the stamp duty and registration charges on the
total consideration paid by it i.e. on the total sale consideration in terms of the
Apartment/Villa/Plot Buyer’s Agreement and the premium paid by the Transferee to the
Transferor.
4. That with effect from the date hereof, all rights, titles and interest of the Transferor,
under the said Apartment/Villa/Plot Buyer’s Agreement, in the above said
Apartment/Villa/Plot, subject to obligations thereunder, shall vest exclusively upon the
Transferee who shall have the sole and absolute right to exclusively hold and enjoy the
same subject to obligations thereunder in the same manner and to same extent as the
Transferor. The Transferor shall accordingly cease to have any right whatsoever in the
said Apartment/Villa/Plot in terms of the Apartment/Villa/Plot Buyer’s Agreement.
Neither the Transferor nor any one claiming through or under him/her, shall be entitled
to dispute or claim to the contrary.
5. The following original documents duly endorsed by the Transferor in favour of the
Transferee, have been handed over to the Transferee and the receipt whereof is hereby
acknowledged by the Transferee:-
7. The Transferee hereby undertakes and agrees to forego and waive his/her right to
receive any compensation for delay in handing over of possession or any rebate under a
scheme or otherwise or any other discount, by whatever name called, from the Company
and to that extent the Apartment/Villa/Plot Buyer’s Agreement shall stand modified.
8. The Transferor hereby undertakes not to raise any claim for delay in handing over
possession or delay compensation or any rebate under a scheme or otherwise or any
other discount, by whatever name called, from the Company.
9. That if and when any further documentation formalities are required, the Transferor
undertakes to execute the same without any demur, objection.
10. That the stamp duty and transfer charges/expenses as applicable, will be borne by the
Transferee.
11. The Parties shall jointly apply to Company for giving effect to the said
nomination/transfer/assignment and this Agreement shall be subject to the acceptance
by Company of the nomination/transfer/assignment of the rights of the Transferor to
the Transferee under the said Apartment/Villa/Plot Buyer’s Agreement on such terms
and conditions as may be prescribed by Company for this purpose. In the event of denial
by Company to give effect to such nomination/transfer/assignment, the money paid by
the Transferee to the Transferor under this Agreement shall be refunded forthwith.
IN WITNESS WHEREOF, the Parties have set their hands to this Agreement at the place and on
the day, month and year first above written in the presence of.
WITNESSES:
1. TRANSFEROR
2. TRANSFEREE
(Letter from the Transferor/ current Allottee)
Date: __________
Dear Sir,
Out of the receipts issued by you for the sale consideration, I/We find that the following
Receipts have been misplaced / lost. While I/We declare hereby that these Receipts were not
used by me/us for any other purposes, I/We shall be returning them to you, as and when
located. Meanwhile, I/We am/are furnishing the necessary Affidavit(s) and Undertaking-Cum-
Indemnity Bond indemnifying you from any losses, damages, costs and expenses
caused/incurred due to the lost Receipts as mentioned hereinabove as well as any third party
claim in the basis of lost receipts.
I/We are also enclosing herewith my/our I / We know Mr. / Ms. / Mrs.______personally
signatures duly verified by my/our Bankers. and they have signed in our presence.
Thanking you,
Yours faithfully,
Transferor/Seller
Date: __________
To,
Dear Sir,
The Current Allottee has so far paid Rs. __________/- to the Company in terms of the said
provisional registration/registration/booking/allotment towards part consideration of the said
Plot/Villa/Apartment. The Current Allottee has requested you vide letter dated ________ to take
me/us on record as his/her/their Nominee(s)/Transferee(s)/Assignee(s) in respect of the said
provisional registration/registration/booking/allotment for all future purposes.
I/We assure you and declare that the aforesaid letter has been signed by the Current Allottee
before me/us and that I/we shall be responsible for all consequences in case the executant(s) of
the said letter denies/deny the said execution.
I/We shall be bound by all the terms and conditions of the Company, including and more
particularly by the terms and conditions of the Plot/Villa/Apartment Buyer’s Agreement
executed by the Current Allottee /to be executed by us at any point of time, as may be desired
by the Company as a Nominee/Transferee/Assignee of the Current Allottee, and undertake to
abide by them.
I/We also undertake to pay the entire balance sale consideration, deposits and other charges as
per the terms and conditions of the Company. I/We undertake to execute the
Plot/Villa/Apartment Buyer’s Agreement in the standard format of the Company as and when
desired by the Company, after the request for Nomination/Transfer is accepted by the
Company. (in case the agreement to sell is yet to be executed)/ I/We also agree and undertake
to observe, perform and fulfill all the terms & conditions of the Plot/Villa/Apartment Buyer’s
Agreement. (in case the Agreement is executed ). I/We undertake and agree to forego and waive
my/our right to receive any compensation for delay in handing over of possession or any rebate
under a scheme or otherwise or any other discount, by whatever name called, from the
Company and to this extent the said Apartment/Villa/Plot Buyer’s Agreement shall stand
modified.
I/We now request you to kindly treat me/us as Nominee/Transferee /Assignee of the Current
Allottee under the said Apartment/Villa/Plot Buyer’s Agreement and I/we undertake to
faithfully fulfill all the obligations and comply with all the terms and conditions thereof for all
future purposes. I/We also enclose herewith Receipt dated ________ clearly mentioning therewith
that I/We have already paid the amounts due to the Current Allottee/Transferor of the amounts
which he/she/they have paid to the Company for the said provisional
registration/registration/booking/allotment, which is being transferred in my/our name, and
the said Receipt is attached herewith.
I/We further agree and undertake to execute any document that may be required by the
Company at any point of time in present or future.
I/We are also enclosing herewith my/our signatures duly verified by our Bankers.
Yours faithfully,
Transferee/Nominee/Buyer