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AGREEMENT FOR SALE

ARTICLES OF AGREEMENT is made and entered
into at Lonavala, on this ____ day of March, 2022 BETWEEN
(1) MR. ABDUL SAMAD SHAIKH, S/o. AHMED GULAM NABI
SHAIKH, aged ___ years, an Adult, Indian Inhabitant, residing
at Panchsheel Apartment, 1 s t Hasanabad Lane, Santacruz
(West), Mumbai – 400 054 & (2) MR. AMJAD SHAIKH, S/o.
AHMED GULAM NABI SHAIKH, aged ___ years, an Adult,
Indian Inhabitant, residing at Gulam Nabi Manzil, 2 nd
Hasanabad Lane, Santacruz (West), Mumbai – 400 054 ,
hereinafter referred to as “THE VENDORS” (which expression
shall unless it be repugnant to the context or meaning thereof,
include their respective legal heirs, executors, administrators
and assigns) of the FIRST PART AND MR. MOHD. RIHAN
CHUNAWALA, aged 36 years, an Adult, Indian Inhabitant,
residing at 162, Al Madina Building, Flat No.403, 4 t h Floor,
Chinch Bunder Road, Opp. Hayal Hotel, J.B. Shah Marg,
Mumbai – 400 009, hereinafter called as “THE PURCHASERS”
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(which expression shall unless it be repugnant to the context

or meaning thereof, include their respective legal heirs,
executors, administrators and assigns) of the SECOND PART;
WHEREAS:

(i) The Vendors herein are in use, occupation, possession

and absolute owners and well and sufficiently entitled to
the property being ALL THAT Bungalow/ Row House
No.10, known as SAIGAL HOMES, admeasuring 1500
sq.ft. built-up i.e. 139.41 sq.mtrs. built-up, alongwith
land appurtenant therein, area admeasuring 926 sq.ft.
equivalent to 86.05 sq.mtrs. on plot of land bearing
Survey No.16, Hissa No.7 and Survey No.16, Hissa No.8,
of Village Valvan, in the Lonavala Municipal Council in
its Ward Valvan (hereinafter referred to as “the said
property”); more particularly described in the Schedule
hereunder written; and on the terms and conditions
mentioned therein;

(ii) The Vendors herein declare that pursuant to the Deed of

Assignment, dated 18 t h day of June, 2009, made between
(1) YUSUF HAIDER GHADIALY, (2) JUMANA YUSUF
GHADIALY, & (3) HOZEFA YUSUF GHADIALY, therein
referred to as “the Assignors” of the One Part AND (1)
AHMED GULAM NABI SHAIKH (since deceased), (2) MR.
ABDUL SAMAD SHAIKH, S/o. AHMED GULAM NABI
SHAIKH, & (3) MR. AMJAD SHAIKH, S/o. AHMED
GULAM NABI SHAIKH, therein referred to as “the
Assignees” of the Other Part, latter has purchased and
acquired the abovesaid property on the terms and
conditions mentioned therein. The said Deed of
Assignment, dated 18 t h day of June, 2009, is duly
registered vide Document Sr. No.LVL-1566-2009, dt.
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18.06.2009, Receipt No.1581 with Jt. Sub-Registrar at

Lonavala.

(iii) Said AHMED GULAM NABI SHAIKH, expired on

13.08.2016 at Mumbai, died intestate, leaving behind him
viz. (1) SMT. SHEHNAZ AHMED SHAIKH (Widow/wife),
(2) MR. ABDUL SAMAD SHAIKH (Son), & (3) MR.
AMJAD SHAIKH (Son) as the only surviving legal heirs
and claimants in respect of his share in the said property
and there is no any other legal heir except mentioned
hereinabove.

(iv) Due to death of said AHMED GULAM NABI SHAIKH, the

legal heirs have decided among themselves and
accordingly said SMT. SHEHNAZ AHMED SHAIKH has
executed Consent Affidavit, dated 15.01.2022, and put
her No Objection and free consent for transfer of the said
property in the name of the her sons MR. ABDUL SAMAD
SHAIKH & MR. AMJAD SHAIKH. Thereafter the Chief
officer, Lonavala Nagarparishad has transferred the said
property in the name of MR. ABDUL SAMAD SHAIKH &
MR. AMJAD SHAIKH, vide Ref. No.LONPA-13/TT/521/21-
22, dt. 23.02.2022.

(v) Therefore the Vendors herein are jointly in use,

occupation, possession and absolute owners and well
and sufficiently entitled to the abovesaid property as
mentioned hereinabove.

(vi) The Purchaser has approached to the Vendors and

requested them to sell the said Bungalow as mentioned
hereinabove for the consideration and on the terms and
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conditions hereinafter appearing. The Vendors have also

acceded to the request of the Purchaser.

NOW THIS DEED WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:-

1. The Vendors hereby agree to sell and the Purchaser

agree to purchase all the rights, title and interest of the
Vendors in respect of the said Bungalow as mentioned
hereinabove at and for the total consideration of
Rs.99,00,000/- (Rupees Ninety Nine Lakhs only) . The
Purchaser shall pay the said sum of Rs.99,00,000/-
(Rupees Ninety Nine Lakhs only) to the Vendors being
the full and final consideration in respect of the said
Bungalow, in the following manner:-

(a) Rs.10,00,000/- (Rupees Ten Lakhs only) being

the advance/part payment in respect of the sale of
said Bungalow, paid by the Purchaser to the
Vendors by way of cheques/ RTGS, on or before
the execution and Registration of this Agreement
for Sale (the Vendors hereby doth admit and
acknowledge the receipt hereunder);

(b) Rs.14,00,000/- (Rupees Fourteen Lakhs only)

being the part payment in respect of the sale of
said Bungalow, payable by the Purchaser to the
Vendors by way of cheques/ RTGS, on or before
the Registration of this Agreement for Sale (the
Vendors hereby doth admit and acknowledge the
receipt hereunder); including a sum of
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Rs.99,000/- (Rupees Ninety Nine Thousand

only), being 1% T.D.S. of the total consideration
of Rs.99,00,000/- (Rupees Ninety Nine Lakhs
only), in compliance with the provisions of
Section 194-IA of the Income Tax Act, 1961 and
the said sum of Rs.99,000/- (Rupees Ninety Nine
Thousand only) shall be deposited by the
Purchaser with the Government Account on behalf
of the Vendors herein and shall obtain the T.D.S.
Certificate/ Challan and same shall be handed over
to the Vendors;

(c) Rs.75,00,000/- (Rupees Seventy Five Lakhs only)

being the balance/ full & final consideration in
respect of the sale of said Bungalow, shall be
payable by the Purchaser to the Vendors, by
obtaining Loan from Bank/ Financial Institution/
Other sources, by way of Cheques/ RTGS, within
_________ working days from the date of
Registration of this Agreement for Sale; Thereafter
the Vendors shall hand over the peaceful and
vacant possession of the said Bungalow to the
Purchaser alongwith all the original documents and
papers in respect of the said Bungalow.

2. It is hereby agreed by and between the parties that the

Vendors shall provide the required and necessary
original documents in respect of the said Bungalow to
Purchaser for obtaining/ availing Loan in stipulated time.

3. The Vendors have obtained NO OBJECTION

CERTIFICATE as well as NO DUES CERTIFICATE from
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the concerned Authority for transferring the said

Bungalow in the names of the Purchaser herein.

4. The Vendors declare that they have paid all the amounts
due and payable to the concerned Authority till date.

5. The Vendors hereby declare that they have good right

and absolute authority to enter into this Agreement and
transfer the said Bungalow and the Vendors have not
done any act, matter and thing whatsoever whereby the
Vendors are prevented from agreeing to transfer or
assign the said Bungalow in favour of the Purchaser.

6. The Vendors hereby covenant with the Purchaser as

follows:-

i) That the Vendors are the absolute owners of the

said Bungalow and no other person or organization
or persons has or have any right, title, interest,
property claim or demand of any nature whatsoever
unto or upon the said Bungalow either by way of
sale, charge, mortgage, lien, gift, trust, lease,
assignment or otherwise howsoever and have good
right, full power and absolute authority to sell and
transfer the same to the Purchaser.

ii) That the Vendors have not created any charge or

encumbrances of whatsoever nature in respect of
the sale of said Bungalow nor the said Bungalow is
subject matter of any litigation nor are the same or
are attached in execution of any decree, nor the
Vendors have created any tenancy or leave and
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licence or any right in favour of anyone in respect

of the sale of said Bungalow.

iii) That the Vendors have duly observed and

performed terms & conditions and the rules &
regulations of the concerned Authority and paid
upto date their contribution in the nature of
outgoings, taxes, dues, etc. to the concerned
Authority and that the membership of the Vendors
are valid and subsisting and not terminated by the
concerned Authority .

iv) That the Vendors shall whenever required to do so

from time to time and at all the times hereafter
execute and sign or cause to be executed and
signed all such letters, forms, applications, deeds,
documents, writings and papers, if any, for more
perfectly securing, assuring and effectually
transferring the said Bungalow unto and to the use
of the Purchaser forever.

v) That the Vendors shall indemnify and keep

indemnified the Purchaser from and against all
actions, claims, demands, costs, charges and
expenses, etc. claimed as falling due prior to the
execution of these presents and until the date of
handing over the vacant possession of the said
Bungalow alongwith the letter of possession to the
Purchaser.
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7. The Purchaser hereby agree and undertake to

abide by the terms & conditions and the rules,
regulations of the concerned Authority.

8. That the Vendors hereby declare that no suit,

proceedings, litigation etc. are pending against the said
Bungalow nor the said Bungalow is subject matter in any
Court of Law.

9. That the Vendors hereby declare that there is no

prohibitory order by any Government and/or local
authority or injunction by any Court restraining them from
handing over and/or transferring the said Bungalow. The
Vendors further declares that no attachment has been
levied on the said Bungalow.

10. The Vendors shall handover all original chain of

documents related to the said Bungalow before
disbursement of Loan to the Bank/ Financial Institution
with the co-ordination of Purchaser and also sign and
execute and provide the necessary legal documents/
papers/ Bank/ Financial Institution NOC, etc. for
obtaining Housing Loan by the Purchaser from the Bank/
Financial Institution for smooth sanctioning and
disbursement of the said housing loan.

11. The Vendors further undertake to pay all the

outgoings, maintenance charges, electricity bills, cooking
gas bills, if any, and other outgoings in respect of the
said Bungalow upto the date of handing over the
possession of said Bungalow. After completion of the
sale, the Purchaser shall be liable and responsible to
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pay the necessary outgoings, bills in respect of the said

Bungalow.

12. The Vendors agree and undertake that they will

execute such further writings, transfer forms,
declarations or documents as may be necessary for the
purpose of effectually transferring all their rights, title
and interest in respect of the said Bungalow after receipt
of balance/ full & final consideration from Purchaser.

13. The Vendors hereby declare that they shall

receive the payments as per this Agreement and shall
hand over the possession of the said Bungalow to the
Purchaser alongwith all original documents and papers in
respect of the said Bungalow against the full and final/
balance payment.

14. That the Vendors hereby declares and

undertakes that if any stamp duty, deficit stamp duty or
penalty and/or registration charges is due and pending
on the previous documents and agreements and/or any
taxes, charges, bills in respect of the said Bungalow, the
same shall be cleared and payable by the Vendors
herein upto the date of hand over of possession and the
Purchaser shall not be responsible for the same.

15. That the Vendors have no objection for the

transfer of Electricity Meter & Mahanagar Gas connection
(if any) from the name of Vendors to the name of the
Purchaser herein by the concerned authority alongwith
security deposit.
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16. It is hereby agreed and declared between the

parties herein that after receipt of balance/ full &
final consideration in respect of the said Bungalow
and on handing over the peaceful and vacant physical
possession of the said Bungalow to the Purchaser by
the Vendors as mentioned hereinabove, thereafter for
all the legal purposes, the said Agreement for Sale
shall be treated as SALE DEED forever and hence
separate SALE DEED need not be executed between
the parties herein.

17. The stamp duty and the registration charges on

this Agreement for Sale shall be borne by the Purchaser
alone.

SCHEDULE OF THE PROPERTY

ALL THAT Bungalow/ Row House No.10, known as
SAIGAL HOMES, admeasuring 1500 sq.ft. built-up i.e. 139.41
sq.mtrs. built-up, alongwith land appurtenant therein, area
admeasuring 926 sq.ft. equivalent to 86.05 sq.mtrs. on plot of
land bearing Survey No.16, Hissa No.7 and Survey No.16,
Hissa No.8, of Village Valvan, in the Lonavala Municipal
Council in its Ward Valvan.

IN WITNESS WHEREOF the parties hereto have

hereunto set and subscribed their respective hands the day,
month and year first hereinabove written;
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SIGNED, SEALED AND DELIVERED )

by the withinnamed “VENDORS” )

(1) MR. ABDUL SAMAD SHAIKH, )

S/o. AHMED GULAM NABI )
SHAIKH, )
PAN No.AYSPS1292C )

&

(2) MR. AMJAD SHAIKH, )

S/o. AHMED GULAM NABI )
SHAIKH )
PAN No.BESPS6514J )
in the presence of........................ )

SIGNED, SEALED AND DELIVERED )

by the withinnamed “PURCHASER” )
MR. MOHD. RIHAN CHUNAWALA )
PAN No.AWTPC0671L )
in the presence of........................ )

WITNESSES:
1.

2.
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R E C E I P T
RECEIVED of and from the withinnamed PURCHASER –
MR. MOHD. RIHAN CHUNAWALA, a sum of Rs.10,00,000/-
(Rupees Ten Lakhs only) being the advance/ part payment in
respect of the sale of said property being ALL THAT Bungalow/
Row House No.10, known as SAIGAL HOMES, admeasuring 1500
sq.ft. built- up i.e. 139.41 sq.mtrs. built-up, alongwith land
appurtenant therein, area admeasuring 926 sq.ft. equivalent to
86.05 sq.mtrs. on plot of land bearing Survey No.16, Hissa No.7
and Survey No.16, Hissa No.8, of Village Valvan, in the Lonavala
Municipal Council in its Ward Valvan , by way of cheques/ RTGS, as
per the terms and conditions of this Agreement for Sale, in the
following manner:-
------------------------------------------------------------------------------
Ch eq ue / Da t e Dra wn o n A mou n t (Rs. )
RTG S No.
------------------------------------------------------------------------------

------------------------------------------------------------------------------
TOTAL Rs.: 10,00,000/-

------------------------------------------------------------------------------
(subject to realization of cheque)
WE SAY RECEIVED Rs.10,00,000/-

Place:
Date:

(1) MR. ABDUL SAMAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH,

(2) MR. AMJAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH
VENDORS
WITNESSES:
1.
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2.
 14

R E C E I P T
RECEIVED of and from the withinnamed PURCHASER –
MR. MOHD. RIHAN CHUNAWALA, a sum of Rs.14,00,000/-
(Rupees Fourteen Lakhs only) being the part payment in respect
of the sale of said property being ALL THAT Bungalow/ Row
House No.10, known as SAIGAL HOMES, admeasuring 1500 sq.ft.
built- up i.e. 139.41 sq.mtrs. built-up, alongwith land appurtenant
therein, area admeasuring 926 sq.ft. equivalent to 86.05 sq.mtrs.
on plot of land bearing Survey No.16, Hissa No.7 and Survey
No.16, Hissa No.8, of Village Valvan, in the Lonavala Municipal
Council in its Ward Valvan , by way of cheques/ RTGS, 1% T.D.S. of
the total consideration of Rs.99,00,000/- (Rupees Ninety Nine
Lakhs only), in compliance with the provisions of Section 194-
IA of the Income Tax Act, 1961, as per the terms and conditions of
this Agreement for Sale, in the following manner:-
------------------------------------------------------------------------------
Ch eq ue / Da t e Dra wn o n A mou n t (Rs. )
RTG S No.
------------------------------------------------------------------------------

1 % T. D. S . 99 ,0 00 / -
------------------------------------------------------------------------------
TOTAL Rs.: 14,00,000/-

------------------------------------------------------------------------------
(subject to realization of cheque)
WE SAY RECEIVED Rs.14,00,000/-

Place:
Date:

(1) MR. ABDUL SAMAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH,

(2) MR. AMJAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH
VENDORS
WITNESSES:
1.
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2.
FINAL RECEIPT
RECEIVED of and from the withinnamed PURCHASER –
MR. MOHD. RIHAN CHUNAWALA, a sum of Rs.75,00,000/-
(Rupees Seventy Five Lakhs only) being the balance/ full & final
consideration in respect of the sale of said property being ALL
THAT Bungalow/ Row House No.10, known as SAIGAL HOMES,
admeasuring 1500 sq.ft. built- up i.e. 139.41 sq.mtrs. built-up,
alongwith land appurtenant therein, area admeasuring 926 sq.ft.
equivalent to 86.05 sq.mtrs. on plot of land bearing Survey No.16,
Hissa No.7 and Survey No.16, Hissa No.8, of Village Valvan, in the
Lonavala Municipal Council in its Ward Valvan , by way of cheques/
RTGS , as per the terms and conditions of the Agreement for Sale,
in the following manner:-
------------------------------------------------------------------------------
Ch eq ue / Da t e Dra wn o n A mou n t (Rs. )
RTG S No.
------------------------------------------------------------------------------

------------------------------------------------------------------------------
TOTAL Rs.: 75,00,000/-

------------------------------------------------------------------------------
(subject to realization of cheque)
WE SAY RECEIVED Rs.75,00,000/-

Place:
Date:

(1) MR. ABDUL SAMAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH,

(2) MR. AMJAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH
VENDORS
WITNESSES:
1.
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2.

DATED THIS ____DAY OF MAY, 2021

B E T WE E N

(1) MR. ABDUL SAMAD SHAIKH,

S/o. AHMED GULAM NABI SHAIKH,
&
(2) MR. AMJAD SHAIKH,
S/o. AHMED GULAM NABI SHAIKH

.... VENDORS

A N D

MR. MOHD. RIHAN CHUNAWALA

..... PURCHASER

AGREEMENT FOR SALE

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