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II SHREE II

DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT MADE AT PUNE ON THIS …. th


…………. 2022.

BETWEEN

1. MRS. APARNA ASHOK PAWAR

Age– 69 years, Occupation- Housewife.

Pan No – AAEPP9309D

2. MR. ASHOK TUKARAM PAWAR

Age– 79 years, Occupation-Retired.

Pan No –AABPP1578M

Both R/at- D-2/10, Pragati nagar, Tilak Road No.6,

Goregaon (W), Mumbai-400062

Hereinafter referred to as "THE ASSIGNOR" (Which expression unless


repugnant to the context or meaning thereof shall mean and include
their heirs, executors, administrators, successors and assigns)

…. THE PARTY OF THE FIRST PART.


AND

MR. VIVEK UMRAO BANGAR

Age- 22 years, Occupation- Service

PAN No. CTTPB6960N

R/at– Flat No.19, 5th floor, G-Building,

Shirin Garden, Parihar chowk,

Aundh, Pune-411007.

Hereinafter referred to as "THE ASSIGNEE (Which expression unless


repugnant to the context or meaning thereof shall mean and include
their heirs, executors, administrators, successors and assigns)

….…... THE PARTY OF THE SECOND PART

WHEREAS Flat No.9 area admeasuring 88.10 Sq. Mtrs. Built up


together with open terrace adm.17.84 Sq. mtrs. with one covered car
parking space adm. 09.29 sq. mtrs, on 2 nd Floor in the building C in
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‘Harileela’ Co-Operative Housing Society constructed on land situated at


S. No.149 Hissa Nos.4 to 7 all adm. 0 H 29 R and S. No.149 Hissa No.8
adm. 0 H 17 R of Village Baner, Tal. Haveli, Dist. Pune within the limits
of the Pune Municipal Corporation Pune (which is more particularly
described in the Schedule-III written hereunder and which is
hereinafter referred to as “the said Flat” for the sake of brevity)

AND WHEREAS the S. No.149 Hissa Nos.4 to 7 all adm. 0 H 29 R


of Village Baner, Tal. Haveli, Dist. Pune within the limits of the Pune
Municipal Corporation Pune was originally owned and possessed by Mr.
Dattatray Khanderao Pradhan & others. Their names appeared in the
village revenue record. (Hereinafter referred as ‘said properties’).

AND WHEREAS the said Owners with intend to develop the said
properties and construct buildings thereon, executed various six
Development Agreements and Power of Attorney within a period of
10/09/1997 to 24/11/1997, in favour of the Promoter M/s. Tejas
Constructions, through its Partner Mr. Vijay Harinarayan Sarda and
Mr. Rahul H. Sarda.

AND WHEREAS The Additional Collector Pune granted


permission for Non-Agricultural use of said properties vide its no.
PRH/NA/SR/49/III/998 Pune dt. 21/05/1998, under section 44 of the
Maharashtra Land Revenue Code.

AND WHEREAS The Promoter Builder prepared the building plan


and submitted to the Pune Municipal Corporation. The Pune Municipal
Corporation sanctioned the building plan vide commencement
Certificate No.DP/BP/67 dt. 28/10/1997, and No.4226 dt 21/01/1998,
which is subsequently revised vide No.3153 Dt.08/10/2000, by
amalgamating said properties described in schedule-I written hereunder
as per the sanctioned building plans and revised building plans from
time to time.

AND WHEREAS as a result of the aforesaid development


agreement the Promoter firm was alone entitled to develop and
construct the building on the said land and has exclusively right to
sale, lease, mortgage etc., the flats, tenements etc, in the building which
was under construction or to be constructed on the said land by the
builder and to enter into agreement with the Assignee mortgagee and
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lessee etc. and to receive the sale price and deposit and other charges in
respect thereof.

AND WHEREAS the Promoter entered into an agreement dated


21st December 2001 with Assignors , to sell the flat bearing No.9
situated on Second floor in the building constructed on the property
described in the schedule-I written hereunder and more particularly
described in the schedule-II hereunder written for the sake of brevity
and hereinafter called the Said Flat for total consideration of
Rs.7,50,000/-. The said Agreement is registered in the office of Sub-
Registrar, Haveli-IV, at Sr. No.15290/2001 on 23/12/2001.

AND WHEREAS Pune Municipal Corporation issued the


completion certificate in respect of the said flat vide completion
certificate No. BCO/14/6/365 bearing No. 004779 dated 22/03/2002.

AND WHEREAS the Assignors herein has paid full and final
amount of agreed consideration to the Builder/promoter and the
Promoter after receiving full and final consideration amount, has
handover the vacant and peaceful possession of the said Flat to the
Assignors hereon by issuing a Possession Letter dated 25/03/2002.

AND WHEREAS the all the tenement holder formed a Co-operative


Hsg. Society namely ‘Harileela Co-op. Housing Society Ltd. Pune which
is registered with Dy. Registrar of Co-op. Societies, Pune under the
registration No.PNA/PNA(4)/HSG/(TC)/8821/2007-2008 Dt.
05/11/2007.

AND WHEREAS “Harileela Co-Operative Housing Society Ltd.”


issued share certificate No. 56 of five shares from 276 to 280 of Rs. 50/-
each both inclusive to and in favour of Assignor herein on 06/03/2008.

AND WHEREAS by the Sale Deed dated 19/09/2011, the


promoter M/s. Tejas Constructions, through its Partner Mr. Vijay
Harinarayan Sarda along with the Owners of the properties, has
assigned their all rights, title and interest in the buildings consisting
Wing A of 23 Flats, Wing B of 24 Flats, Wing C of 24 Flats, Wing D of 3
Row Houses, constructed on the property mentioned in schedule-I
herein below totally admeasuring 5500 Sq. Mtrs. in favour of the
Society. The said sale deed is registered in the office of Sub-Registrar,
Haveli-II, at Sr. No.8951/2011 on the same day.
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AND WHEREAS the Assignors are absolutely seized and


possessed of or otherwise well and sufficiently entitled to the said flat
more particularly described in the schedule –II hereunder written.

AND WHEREAS the Assignors wanted to sell the said flat as it


was no longer useful and suitable to them and hence Assignor decided
to sell the said flat. The Assignee was in search of the accommodation
for himself in the nearby vicinity.

AND WHEREAS the price offered by the Assignee is fair,


reasonable and according to the prevailing market price in the said
area.

AND WHEREAS the Assignee agreed to purchase the said flat


from the Assignors, and the Assignors has agreed to sell the said flat to
the Assignee at and for Rs.70,00,000/- (Rupees Seventy Lacks only).

AND WHEREAS subject to, and without in any way limiting, the
representations and warranties of Assignors expressly set forth in this
assignment deed, Assignee agree to purchase the property “as is”,
“where is”, with all faults and conditions thereon, .in purchasing the
property or taking other action hereunder, Assignee have not and shall
not rely on any such disclosures, but rather, Assignee shall rely only on
their own inspection of the property. Assignee acknowledge that the
purchase price reflects and takes into account that the property is being
sold “as is” “where is” basis.

AND WHEREAS the Assignors and Assignee agreed that each of


them would execute all necessary deeds and documents and do all such
acts and things which would be necessary for effective possession and
enjoyment of the said flat by the Assignee and for protecting the right,
title and interest of the Assignee in the said flat.

AND WHEREAS the Assignors and the Assignee have decided to


reduce the terms and conditions of the Deed of Assignment as agreed
between them in respect of the said property.

AND WHEREAS, the Assignee has paid the total agreed


consideration to the Assignor (Subject to realisation of balance amount
Cheque/D. D.), as a set out in the Schedule (I) written hereunder and in
pursuant to the same, the parties hereto are executing this Deed of
Assignment/transfer.
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AND WHEREAS the ‘Harileela Co-Operative Housing Society Ltd


issued their No Objection dated ……/…../2022, for
sale/transfer/Assign the said flat to and in favour of the Assignee.

NOW THEREFORE THIS DEED OF ASSIGNMENT WITNESSES AS


UNDER:-

1. The Assignors agrees to sell and hereby absolutely transfer, assign


all their right, title benefit, interest acquired by them under the
deed dt. 21/12/2001 and all the interest including ownership/
occupancy rights and all the rights in reference of the said flat
bearing No.9 admeasuring 88.10 Sq. Mtrs Built-up, together with
open Terrace adm. 17.84 Sq. Mtrs Built-up, situated on the second
floor and all the rights and interest therein together with the
appartances thereto in favour of the Assignee herein and the
Assignee herein purchased and acquired the same for the total
consideration of Rs.70,00,000/- (Rupees Seventy Lacks only);
which is paid by the Assignee to the Assignors, as set out in the
schedule (I) written hereunder of which payment and receipt
whereof the Assignors doth hereby admit and acknowledge and of
and from the same the Assignors doth hereby release, discharge
and acquit the Assignee forever.

2. The Assignors doth hereby forever Assign, Convey, Transfer, Sale


and or Grant all their rights, title and interests, benefits, claims,
estates and demands whatsoever accrued to them in the said Flat
which is more particularly described in the schedule (III) written
hereunder, by virtue of the above recited allotments letter,
agreements, possession letter UNTO and to the use and benefit of
the Assignee together with common uses of compounds, sewers,
fences, gardens, rights, privileges, easements and appurtenance
whatsoever to the said Flat or in any way appertaining or usually
held or occupied there with in equity of the Assignors of, in and to
the said property, hereditaments and premises and every part
thereof TO HAVE HOLD the said flat property hereby transferred,
assigned, and assured or expressed so to be, UNTO and to the use
and benefit of the Assignees subject to payment of all the taxes
including Income Tax, rents, rates, assessments, dues and duties
now and hereinafter become payable to the Society if any,
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government municipality or any other local body or competent


authority.

3. That the Assignors doth hereby for themselves and their heirs,
executors, successors in interest and title, covenants with the
Assignee that notwithstanding any acts, deeds, things by the
Assignors or by any persons lawfully and/or equitably claiming by,
through under or in the trust for their made, done, committed or
omitted or knowingly suffered to the contrary, the Assignors now
has in themselves good rights, and absolutely authority to sell,
transfer, release, assure and to assign the said flat, hereby granted,
sold, conveyed, released, transferred, assured or assigned or
intended so to be UNTO and to use and benefit of the ASSIGNEE
AND it shall be lawful for the Assignee from time to time hereafter
peacefully enter upon, have, occupy, possess and enjoy the said
property and receive rents, issues, profits thereof and every part
thereof to and for own use and benefit absolutely, without any suit,
eviction, interruption, claim, demand whatsoever, from and by the
assignor or any person/s lawfully claiming or to claim on behalf of
their AND that free and clear and absolutely acquitted, exonerated
and forever discharged or otherwise by the Assignors well and
sufficiently saved, defended and kept harmless and indemnified of,
from and against all former and other encumbrances whatsoever
had made, executed, or suffered by the Assignors or any person
lawfully claiming or to claim by, from, under or in trust for them.

4. AND FURTHER THAT, the Assignors shall and will from time to
time hereafter and at the requests and costs of the Assignee do and
execute or cause to be done all such further acts, deeds, things
and assurances in law whatsoever in better and perfectly assuring
the said flat and every part thereof, UNTO and to the use and
benefit of the Assignee in the manner aforesaid as may be required
by the Assignee or their heir, successors of council in law.

5. That, the Assignors shall at all-time hereafter indemnify and keep


indemnified the Assignee against all or any loss, costs, damages,
charges, expenses if any suffered by the Assignee, by reasons by
any defect in the title of the Assignors to the said flat property or
any breach of covenants herein contained.
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6. The Assignors hereby further declares that their title to the said
Flat is free and marketable and the Assignors has not created any
other third party interest, of whatsoever nature in and upon the
said property and/or any part thereof.

7. That, the Assignors shall deliver the actual and symbolic


possession of the said flat property together with all the rights
appurtenant thereto to the Assigneeand the Assignee has taken the
possession of the said property from the Assignors, after receipt off
full and final consideration amount.

8. That, the Assignors hereby covenant with the Assignee that the
rights accrued to them in respect of the said flat vide the above
recited agreements, are still valid and subsisting and
notwithstanding any act, deed, matter or thing heretofore done,
made, executed or suffered by the Assignor or any person or
persons claiming for them.

9. That, the Assignors hereby further declares that, the Assignors


hereby covenants with the Assignee that the Assignors shall do,
perform and execute all such acts, deeds, things as may be
necessary to transfer the said electricity meter/ connection in the
name of the Assignee.

10. That all the charges and expenses of and incidental to this
indenture including the Stamp duty, registration fees, advocate
fees etc. are borne and paid by the Assignee.

11. This deed shall always be subject to the provisions contained in the
Mah. Ownership of Flats Act 1963 (Mah. Act XV of 1971) and Co-
operative Societies Act 1960 and the rules made there under, as
amended from time to time.

12. The Assignors have disclosed original documents in his possession


relating to the title of Assignors to the said flat and relying
thereupon Assignee is satisfied about the title of the said flat.

13. The Assignors is aware that relying on the said representation the
Assignee has purchased the said flat.
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14. The Assignors undertake and shall whenever required by the


Assignee, sign any document, declaration, undertaking, affidavit
application, indemnity bond or any other paper to perfect the title
of the Assignee and do all other necessary acts for the transfer of
said flat to the Assignee.

15. The stamp duty, registration charges, legal fees and other charges
and miscellaneous expenses of this indenture shall be borne and
paid by the Assignee only.

16. The market value vibhag No.39/572 and the Government rate is
84630/- per Sq. Meters. The flat having area admeasuring 88.10
Sq. Mtrs built-up, together with open Terrace adm. 17.84 Sq. Mtrs
built-up, with one covered parking and building is of 20 years old.
The Government value of the said property after depreciation is
Rs.66,05,100/- & the agreed consideration is Rs.70,00,000/-.
Hence the appropriate stamp duty of Rs.-------------/- is paid on
Rs.70,00,000/- and Rs.30,000/- as the Registration Fee.

SCHEDULE (I) ABOVE REFERRED TO


(Consideration)

Rupees Particulars

Rs.5,00, 000/- Paid by the Assignees to Assignor by RTGS


Bank-----Branch---- On----, The payment
and receipt whereof the ASSIGNORS do
hereby admit and acknowledge.
Rs.4,00, 000/- Paid by the Assignees to Assignor by
RTGS/Cheque No. Drawn on the Bank, ,
on ----/--/2022, The payment and receipt
whereof the ASSIGNORS do hereby admit
and acknowledge.
Rs. 65,00,000/- Paid by the Assignees to Assignor by
Cheque/DD No. ------------ Drawn On
the -------------- Bank Branch
------------------- On ----/---/2022. The
payment and receipt whereof the
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ASSIGNORS do hereby admit and


acknowledge..
_________________

Rs.70,00,000/- (Rupees Seventy Lacks only)


Total consideration

SCHEDULE – II

(Description of the Land Property)

All that piece and parcel of the S. No.149 Hissa Nos.4 to 7 all
admeasuring 0 H 29 R and S. No.149 Hissa No.8 admeasuring 00 H 17
R of Village Baner, Tal. Haveli, Dist. Pune within the limits of the Pune
Municipal Corporation Pune and also within the jurisdiction of Sub -
Registrar Haveli, Pune and the said property is bounded as under :-

On or Towards East :- By land of S. No.148

On or Towards South :- By land of S. No.135,

On or Towards West :- By land of S. No.134 and approach road to


Balewadi main road,

On or Towards North :- By land of S. No.149/3.

Herein before refer as the said Property.

SCHEDULE – III

(Description of the Flat Property)

All that piece and parcel of the Flat No.9 area admeasuring 88.10
Sq. Mtrs built-up, together with open Terrace admeasuring 17.84 Sq.
Mtrs built-up, on 2nd Floor, together with exclusive car/scooter parking
space No.2 admeasuring 09.29 Sq. Mtrs, in the building-C of Harileela
Co-Operative Housing Society constructed on land situated at S. No.149
Hissa Nos.4 to 7 all admeasuring 0 H 29 R and S. No.149 Hissa No.8
admeasuring 0 H 17 R of Village Baner, Tal. Haveli, Dist. Pune within
the limits of the Pune Municipal Corporation Pune and the said
property is bounded as under:-

On or Towards East :- By Flat No.12

On or Towards West :- By Open space & Wing A


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On or Towards South :- By Open space & Road

On or Towards North :- By Flat No.10

Herein before refer as the said Flat.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE AFFIXED


THEIR SIGNATURES TO THIS DEED OF ASSIGNMENT ON THE DAY
AND DATE AT THE PLACE AS SPECIFIED HEREIN ABOVE.

NAME LEFT THUMB PHOTO


IMPRESSION

1. MRS. APARNA ASHOK PAWAR

2. MR. ASHOK TUKARAM PAWAR

(THE ASSIGNORS)

MR. VIVEK UMRAO BANGAR

(THE ASSIGNEE).

WITNESSES :-

1] SIGN :

NAME :
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ADDRESS :

2] SIGN :

NAME :

ADDRESS :

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