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MEMORANDUM OF SALE AGREEMENT

THIS MEMORANDUM OF SALE AGREEMENT is made and executed on this


20.01.2022 (Twentieth day of January Two Thousand and Twenty-Two) at Bangalore,

By
Smt Manjula, PAN No. DDLPM6645G
W/o Sri H Krishnappa,
Aged about 43 years,

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Presently residing at,
Old No. 70, New No. 74
Janata Colony,
Venkatala Village,
Yelahanka,
Bangalore – 560 064 VENDOR

(Hereinafter referred to as the “VENDOR” which expression shall unless repugnant to the
context or meaning herein, mean and include herein, his legal heirs, executors, administrators,
successors and assigns of the “FIRST PART”)

BETWEEN
Smt. Sowmya V PAN No. EUCPS1794H
W/o Sri V Ramakrishna,
Aged about 31 years,
Presently Residing at,
No. C 65/1,
Janata Colony,
Venkatala Village,
Yelahanka,
Bangalore – 560 064 PURCHASER

(Hereinafter referred to as the “PURCHASER” respectively, which expression shall unless


repugnant to the context or meaning herein, mean and include herein, his legal heirs, executors,
administrators, successors and assigns of the “OTHER PART”)

WHEREAS, the VENDOR is the sole and absolute owner of the residential house property
bearing no. 74/70, Katha no.1134/57/2/74, which is morefully located in Survey No. 57/3,
situated at Venkatala Village, Yelahanka Hobli, Bangalore North Taluk and presently coming
under the limits of BBMP which is morefully mentioned in the schedule and herein after known
as the “SCHEDULE PROPERTY”.

WHEREAS, the VENDOR has purchased the SCHEDULE PROPERTY under partition Deed
bearing no. 9255/2019-20 registered in book 1 in the office of Sub-register, Yelahanka on
24.12.2019 and is in physical possession and enjoyment of the SCHEDULE PROPERTY and is
the absolute owner thereof, and holding the original title deeds and documents pertaining to the
SCHEDULE PROPERTY which is reflected in the records held by the office of the Sub-
Registrar, Yelahanka.

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WHEREAS the VENDOR herein has mortgaged the SCHEDULE PROPERTY as she being in
need of money has mortgaged the SCHEDULE PROPERTY vide Loan agreement No. L
BAN20000010465, to J M Financial Home Loans Limited, a registered body registered under the
statutory provision in force and into the business of providing tailor-made home loans to its
customers having its registered office at 7 th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi,
Mumbai – 400 025, and has availed a home loan to the tune of Rs. 8,76,574/- (Rupees Eight
Lakhs Seventy-Six Thousand and Five Hundred Seventy-Four only) from the aforesaid company
Branch at Bangalore, on 29.10.2020 by depositing the title deeds to the aforesaid company,
paying the rate of 14.5% per annum with equated monthly installment (EMI) to the tune of Rs.
11,970 (Rupees Eleven thousand nine Hundred and Seventy only) payable in 180 calendar
months.

WHEREAS, the vendor after availing housing loan from J M Financial Home Loans Limited, has
now intended to sell the SCHEDULE PROPERTY to the PURCHASER for a total sale
Consideration to the tune of Rs. 14,70,000/- (Rupees Fourteen Lakhs Seventy Thousand Only)
and the PURCHASER has agreed to purchase the SCHEDULE PROPERTY for the aforesaid
amount.

WHEREAS, the VENDOR being in need of money for her immediate family needs, and further
to meet her domestic, legal and financial needs has offered to sell the SCHEDULE PROPERTY
for a valuable total sale consideration of Rs. 14,70,000/- (Rupees Fourteen Lakhs Seventy
Thousand Only) to the PURCHASER and the PURCHASER who is in need of a suitable
residential property have accepted the said offer to purchase the SCHEDULE PROPERTY for
the aforesaid sale consideration, which is having a housing loan encumbrance as per the home
loan agreement dated 29.10.2020 and has agreed to sell the Schedule PROPERTY TO THE
PURCHASER under the terms and conditions as hereunder:

NOW THIS DEED OF ABSOLUTE SALE FURTHER WITNESSETH AS FOLLOWS


1. That in pursuance to the terms and conditions accepted and agreed between the
VENDOR and the PURCHASER, the PURCHASER have paid a sum of
Rs. 6,07,665/ (Rupees Six Lakhs Seven Thousand Six Hundred Sixty-Five Only) by way of cash
on following dates:
a. 20.12.2018 Rs. 90,000.00
b. 10.03.2020 Rs. 60,000.00
c. 20.06.2020 Rs. 85,000.00
d. 10.09.2020 Rs. 50,000.00

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e. 18.11.2020 Rs. 80,000.00
f. 20.01.2021 Rs. 65.000.00
g. 20.04.2021 Rs. 70,000.00
h. 12.08.2021 Rs. 50,000.00
i. 20.01.2022 Rs. 57,665.00
______________
Total Rs. 6,07,665.00

2. The VENDOR do hereby agrees and acknowledges the said sum of Rs. 6,07,665/
(Rupees Six Lakhs Seven Thousand Six Hundred Sixty-Five Only) as the advance amount to the
total sale consideration and herein acknowledges and receipt of the same.
3. The PURCHASER further covenants that, according to the terms and conditions accepted
and agreed between the VENDOR and the PURCHASER, the PURCHASER has agreed to pay
the outstanding loan amount to the tune of Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two
Thousand Three Hundred Fifty-Five Only) as on 13.01.2022 of the VENDOR’S bank, i.e. J M
Financial Home Loans Limited, as per the closing status report dated 13.01.2022 issued by
VENDOR’s Banker. Accordingly, the PURCHASER has agreed to apply for a housing loan from

J M Financial Home Loans Limited for adjusting the remaining loan amount.
4. The VENDOR hereby covenants that, according to the terms and conditions agreed
between the VENDOR and the PURCHASER, the PURCHASER in total have paid a sum to the
tune of Rs. 6,07,665/ (Rupees Six Lakhs Seven Thousand Six Hundred Sixty-Five Only) in total
in the aforesaid manner and the PURCHASER hereby have agreed to pay the remaining balance
sale consideration to the tune of Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two Thousand Three
Hundred Fifty-Five Only) after and by deducting the out-standing loan amount which is the tune
of Rs. Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two Thousand Three Hundred Fifty-Five Only)
as on 13.01.2022 as per the bank foreclosure statement and have agreed to pay the remaining sale
consideration to the tune of Rs. Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two Thousand Three
Hundred Fifty-Five Only). Further the VENDOR herein agrees to deduct such sum amount which
may be paid by PURCHASER, which may accrue and accumulate in VENDOR’s house loan
account due his non-payment and defaults of the EMI after entering into this agreement in due
course time.
5. The VENDOR further covenants, according to the terms and conditions agreed between
the VENDOR and the PURCHASER, such amount paid by the PURCHASER can be deducted
from the remaining sale consideration to tune of Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two
Thousand Three Hundred Fifty-Five Only), and such

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other incidental penalties, EMI penalties if any paid by the PURCHASER for the house loan also
be deducted from the balance consideration.
6. The PURCHASER covenants that, the PURCHASER shall pay the remaining balance
sale consideration to tune of Rs. 8,62,355/- (Rupees Eight Lakhs Sixty-Two Thousand Three
Hundred Fifty-Five Only) to the VENDOR on or before 12 English calendar month, from the
date signing of this Memorandum of Sale Agreement for the SCHEDULE PROPERTY and shall
get the registered sale deed executed for the SCHEDULE PROPERTY in his favor and at his own
costs. The VENDOR shall execute the sale deed in favour of the PURCHASER in receipt of the
aforesaid balance sale consideration after deducting all EMI, outstanding loan amount and such
incidental loan expenses including the outstanding default EMI’s due to the banker.
7. The PURCHASER covenants that if they fail to pay the balance sale consideration to the
VENDOR and to get the sale deed registered in his name at his costs on or before 12 English
Calendar Months from the date of signing of this Memorandum of Sale Agreement for the
SCHEDULE PROPERTY, the VENDOR has the right to terminate the sale agreement and to
forfeit the advance amount to tune of Rs. 6,07,665/ (Rupees Six Lakhs Seven Thousand Six
Hundred Sixty-Five Only).
8. The VENDOR covenants that, if the VENDOR fails to execute the sale deed for the
SCHEDULE PROPERTY in favor of the PURCHASER when the PURCHASER even when they
are ready and willing to pay the balance sale consideration within the stipulated time, the
PURCHASER is at liberty to seek the specific performance of the contract by closing the
outstanding Home Loan agreement No. L BAN20000010465, to J M Financial Home Loans
Limited due to the banker and shall pay the balance consideration to the VENDOR.
9. The VENDOR and PURCHASER in the event of any disputes arising between them with
regard to any of the terms and conditions agreed by them in this sale agreement. The same shall
be solved between them before jurisdiction Court, Bangalore.
10. The VENDOR covenants that he will fully cooperate to execute such necessary legal,
bank documents, forms, applications, receipts and such other necessary forms and applications
for transferring the SCHEDULE PROPERTY.
11. Furthermore, the VENDOR and all other persons claiming under the VENDOR,
shall and will from time to time, upon the request of the PURCHASER, execute any other
deeds, documents, conveyances and writings required under law, for further and more
particularly assuring the title of the SCHEDULE PROPERTY unto the PURCHASER
according to the true meaning and intent of these presents.

12. The VENDOR hereby covenants with the PURCHASER that the VENDOR has got
clear, valid and absolute right, title and interest to convey the SCHEDULE PROPERTY in
favour of the PURCHASER herein and that there are
no rival claimants except his banker to the SCHEDULE PROPERTY. Encumbrances.
13. The VENDOR further covenants with the PURCHASER that the SCHEDULE
PROPERTY is his own absolute and his self-acquired property and the property is free

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from, lien, charge, court attachments, minors’ claims, maintenance claims, family rights,
defect in title, acquisition proceedings, etc., and if any disputes or litigations arise, any
time in future, the VENDOR, shall clear the same at his own cost and risk.
14. The VENDOR undertakes to save harmless and to fully indemnify the
PURCHASER against all the losses, damages, charges, costs etc., which the PURCHASER
may sustain in future due to defect in the title or breach of any of the covenants herein
contained or against any rival claims etc., made by any persons.
15. The VENDOR hereby assures the PURCHASER that all taxes, cess and other
outgoings in respect of the SCHEDULE PROPERTY have been paid upto the date of this
sale. The VENDOR agrees that if any of the said payments are found to be due, upto the
date of this sale, the VENDOR shall make good the same to the PURCHASER.
16. The VENDOR further covenants that, the physical possession of the SCHEDULE
PROPERTY shall be handed over to the PURCHASER at the time of registration of the
absolute sale deed for the SCHEDULE PROPERTY.

SCHEDULE
All the piece and parcel of the property Residential house constructed in residential Site No. Old
No. 70 New No. 74, a residential house property bearing no. 74/70, Katha no.1134/57/2/74,
which is morefully located in Survey No. 57/3, situated at Venkatala Village, Yelahanka Hobli,
Bangalore North Taluk, measuring East to West: 30-0 feet, North to South: 15-0 feet, in all total
450 Sq. ft and bounded on:-

EAST BY :: 15” feet Public Road,


WEST BY :: Private Property of Smt. Muniyamma,
NORTH BY :: Remaining Portion of Site No. Old No.70
New No. 74 belonging to Smt. Venkatamma and
Sri Venkatesh,
SOUTH BY :: Vacant Site of Sri Chinnappa.

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RESIDENTIAL HOUSE BETTER PARTICULARS
1. Hakkupathara dated 26.05.1984 issued by Government of Karnataka in the
name of Sri. Hanumanthappa for the site No. 74 in Sy No. 57/2 measuring 30 x
30 Sq feet ( lease period 25 years)
2. 17.10.2020 Affidavit Sworn by Smt. Manjula cum family tree of Late Sri
Muniyappa which reflects legal heirs of the SCHEDULE PROPERTY
3. Death Certificate of Late Sri Hanumanthappa dated 24.05.2018.
4. Registered Partition deed No. 9255 of 2019-20 dated 24.12.2019.
5. Khatha Certificate issued by BBMP and Tax paid receipts dated 16.10.2020 in
favour of Smt. Manjula for the southern portion of the Schedule Property dated
27.02.2020.

IN WITNESSES WHEREOF both the parties have signed this MEMORANDUM


OF SALE AGREEMENT on the date, month and the year first herein above written, in the
presence of following witnesses.

WITNESSES:
1. VENDOR

______________________ ________________________

______________________

2. PURCHASER

______________________ ________________________

Drafted by

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