AGREEMENT TO SELL

THIS AGREEMENT TO SELL executed on the 25TH day of October 2023

(25.10.2023) at MALUR
BY:
1. SRI H. S. SUNIL KUMAR
Aged about 43 years
S/o Late. H. Srinivas
R/at No. 402, HSR Grand Apartment
Annaiah Reddy Layout, R. M. Main Road
Banasavadi, Bangalore – 560 043
Mobile No.
Aadhar No. 3484 6717 9559

2. SMT SWETHA. N
Aged about 40 years
W/o Sri H. S. Sunil Kumar
R/at No. 402, HSR Grand Appartment
Annaiah Reddy Layout, R. M. Main Raod
Banasavadi, Bangalore – 560 043
Mobile No.
Aadhar No 3738 9418 1574

(Hereinafter collectively referred to as the “OWNERS /VENDORS”, which

term, wherever the context permits, shall mean and include their legal
heirs, successors, executors, assigns, administrators and legal
representatives) of the FIRST PART;

IN FAVOUR OF:
SRI RAMACHANDRA REDDY. L
Aged about 49 years
S/o Sri A. Lakshmana Reddy
R/at Irabanahalli Village,
Madivala post. Malur Taluk – 563 130
Mobile No. 94485 39448
Aadhar No. 4736 5580 7361

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(Hereinafter referred to as the “PURCHASER” which term, wherever the
context permits, shall mean and include her, successors, executors,
assigns, administrators and legal representatives) of the OTHER PART;

WITNESSES AS FOLLOWS:
WHEREAS the Vendor No. 1 is absolute owner of Sy No. 26/3
measuring 02 acres 31 guntas situated at Chikkakunthuru Village, Kasaba
Hobli, Malur Taluk, Kolar District being more fully and particularly described
in the schedule hereunder and hereinafter called as the ‘SCHEDULE
PROPERTY.

WHEREAS, the Vendor No. 1 is the owner of the schedule property,

who acquired the said property vide Family partition deed dated 30.06.2022
registered as document No. 2984/2022-23 in the office of Sub-registrar,
Malur and subsequently vide MR No. H1/2022-23, the revenue records are
executed in the name of the Vendor No. 1. As on today the all the revenue
records in respect of the Schedule property, are stands in the name of the
Vendor No. 1 in respect of the Schedule property. Further, the vendor has
paid the tax to the concerned authorities. And ever since taking the
possession of the schedule property, the Vendors herein are peaceful
possession and enjoyment of the schedule property, as lawful owners.
Further there is a discrepancy regarding the measurements of the Sy No. 26
and in view of the same, the Vendor No. 1 along with other land owners of
the Sy No. 26, have filed a Case/Appeal No. 224/2023 on the file of Deputy
director of Land Records, Kolar for the rectification of the same.

WHEREAS, the Vendors do hereby declare that except the above

said transactions, they have not raised any loan or taken any advance or
otherwise created any charge on the Schedule Property which is free from
all encumbrances, claims, charges, interest, etc. whatsoever.

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 WHEREAS, the vendors, in order to meet their legitimate demands,
and other legal requirements, have decided and offered to sell, transfer and
convey the entire schedule property for a total sale consideration of Rs.
75,00,000/- (Rupees Seventy-Five Lakhs Only) which is free from all
encumbrances, charges, claims, demands, interests, title, lien, etc.
whatsoever.
AND WHEREAS, based on the aforesaid assurance held by Vendors
herein, the said Purchaser herein has agreed to purchase the schedule
property for the said sale consideration of Rs. 69,00,000/- (Rupees Sixty
Nine Lakhs Only) per acre, on the entire available property to the Vendor
No. 1 in the said Sy No. 26/3 after the disposal of Case/Appeal No.
224/2023 on the file of Deputy director of Land Records, Kolar and
obtaining the mutation registrar extract, and other Revenue records and
except this the schedule property is free from all encumbrances, charges,
attachments, claims, demands, interest, title, lien, etc. whatsoever.
NOW THIS AGREEMENT TO SELL AS AGREED TO BETWEEN THE
PARTIES HEREIN WITNESSES AS FOLLOW:
1. The Vendors have agreed to sell, transfer and convey Sy No. 26/3
measuring minimum 02 acres and maximum 02 acres 31 guntas
situated at Chikkakunthuru Village, Kasaba Hobli, Malur Taluk, Kolar
District, after the disposal of Case/Appeal No. 224/2023 on the file of
Deputy director of Land Records, Kolar, together with all
appurtenances whatsoever, to the Purchaser subject to a good
marketable title being found free from all encumbrances, rights,
claims, title, demands, interests, acquisition, etc., for a total valuable
sale consideration of Rs. 69,00,000/- (Rupees Sixty Nine Lakhs Only)
per acre, on the entire available property to the Vendor No. 1 in the
said Sy No. 26/3, after the disposal of Case/Appeal No. 224/2023 on
the file of Deputy director of Land Records, Kolar and obtaining the

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 mutation registrar extract, and other Revenue records subject to the
terms and conditions herein contained.

2. Based on the above assurances of the said Vendors and also subject to
the terms and conditions herein contained, the purchaser has agreed
to purchase the schedule property for the said valuable consideration
of Rs. 69,00,000/- (Rupees Sixty Nine Lakhs Only) per acre, on the
entire available property to the Vendor No. 1 in the said Sy No. 26/3,
after the disposal of Case/Appeal No. 224/2023 on the file of Deputy
director of Land Records, Kolar and obtaining the mutation registrar
extract, and other Revenue records out of which a part of the sale
price of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) by way of RTGS
from Canara Bank. Malur, having UTR No. ................................
credited to the account of the Vendor No. 1 paid by the purchasers.
The Vendors have acknowledged the receipt of the Rs. 50,00,000/-
(Rupees Fifty Lakhs Only) by way of RTGS from Canara Bank. Malur,
having UTR No. .............................. credited to the account of the
Vendor No. 1 before the following witnesses

3. The total consideration of the Schedule property is Rs. 69,00,000/-

(Rupees Sixty Nine Lakhs Only) per acre, on the entire available
property to the Vendor No. 1 in the said Sy No. 26/3, after the disposal
of Case/Appeal No. 224/2023 on the file of Deputy director of Land
Records, Kolar and obtaining the mutation registrar extract, and other
Revenue records.

4. The purchasers today i. e., on 25.10.2023 have paid Rs. 50,00,000/-

(Rupees Fifty Lakhs Only) in the above said manner to the Vendor and
the Confirming party as advance towards the purchase of the Schedule
property. The balance sale consideration of shall however, be paid by
the Purchaser at the time of registration of the conveyance.

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5. The Vendors hereby covenant that, the Schedule property is free from
all encumbrances, court, attachment, of any kind and the Schedule
property are not the subject matter of any acquisition or requisition
proceedings, minor claims, maintenance claims, restrictive covenants,
or any other claims of whatsoever nature from statuary authorities
including taxation authorities and that they shall not create any lien,
charge, mortgage of any kind on the Schedule property during the
subsistence of this agreement.

6. That the vendors will not enter into any other agreement/s,
arrangement/s or understanding/s with any other person or persons in
any manner whatsoever for the sale of or transfer of the Schedule
property as a whole or in parts thereof during the period this
agreement is in force.

7. AND THAT the Vendors hereby covenant that, they will at all times
execute every such lawful deeds, assurances or things, as shall be
reasonably required for further and more perfectly assuring the
Schedule property and every part thereof unto, in favour of the
purchaser and/or his nominee/s. The vendors hereby undertake to
indemnify the purchaser and/or his nominee/s from all losses, claims
or damages of whatsoever nature that the purchaser and/or his
nominee/s might incur due to there being any defect in title of the
vendor to the Schedule property or due to any restrictions which
prohibit the Vendor from executing a deed of absolute sale and
conveyance in favour of purchaser and/or his nominee/s.

8. That the vendors shall duly hand over physical and vacant possession
of the Schedule property in favour of the purchaser and/or his
nominee/s at the time of the due execution and registration of the
absolute Sale deed in favour of the purchaser and/or his nominee/s.

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9. The time for this contract is Three (3) months from the date of
obtaining the orders in Case/Appeal No. 224/2023 on the file of Deputy
director of Land Records, Kolar and the redemption of mortgages, if
any. And before the registration of the Schedule property, the Vendors
have to give all the original and required documents i. e. the all the
title deeds, Mutation extract regarding separate No. of the schedule
property after the disposal of Case/Appeal No. 224/2023 on the file of
Deputy director of Land Records, Kolar, R.T.C’s, Mutations, Latest Tax
paid receipts, latest Akarabandu, latest Tippannis, latest Sketches,
Encumbrance certificates, Etc. to the purchasers for the purpose of
scrutiny of title and also to facilitate the registration of the schedule
property. Further the Vendors have agreed that, they will obtain the
orders in Case/Appeal No. 224/2023 on the file of Deputy director of
Land Records, Kolar and the redemption of mortgages, on or before
25.03.2024.

10. All property taxes and other liabilities down to the day of the
registration of the conveyance, income tax, capital gains tax, if any
and other dues and levies concerning the schedule property shall be
borne and discharged by the Vendors.

11. The Purchaser herein shall have the right to nominate any other
person or persons and assign his rights under this agreement in favour
of such person or persons at a sale price and consideration and other
terms and conditions as he deems fit only after the purchaser pay the
entire sale consideration payable to the vendors under this agreement
and the vendors shall duly recognize any nomination or assignment
and shall duly execute a deed of absolute sale and conveyance in
favour of such nominees and assignees.

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12. If the Vendors fail or neglect to perform their part of the contract after
obtaining the orders in Case/Appeal No. 224/2023 on the file of Deputy
director of Land Records, Kolar and the redemption of mortgages, with
in stipulated period, the purchaser are at liberty to move the court of
law for Specific performance of the agreement after issuing a legal
notice to the Vendors. Further the purchasers have agreed that, they
will obtain the orders in Case/Appeal No. 224/2023 on the file of
Deputy director of Land Records, Kolar and the redemption of
mortgages, on or before 25.03.2024.

13. The parties hereby agree that, the agreed sale consideration is for the
entire property of the Vendor No. 1 in Sy No. 26 (minimum 02 acres
00 guntas and maximum 02 acres 31 guntas) and after the disposal of
Case/Appeal No. 224/2023 on the file of Deputy director of Land
Records, Kolar and obtaining the mutation registrar extract, on the
conditions stipulated above, register the sale deed in favour of
Purchaser.

14. No error, miss-statement or omission in the description of the schedule

property shall annul the sale.

15. The expenses on stamp duty, registration Charges and other charges
shall be borne by the Purchasers as agreed to between the parties
herein.
SCHEDULE PROPERTY
All that pieces and parcel of Sy No. 26/3 measuring 02 acres 31 guntas
situated at Chikkakunthuru Village, Kasaba Hobli, Malur Taluk, Kolar
District, bounded on the:
East by : Road
West by : Kodaginabele Boundary
North by : Sy No. 26/2

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 South by : Sy No. 26/6 belongs to Sri Santhosh Kumar
IN WITNESS WHEROF, the vendors and the Purchaser have signed
this Agreement to sell before the following witnesses at the place and on
the day, month and year, first above written.
WITNESSES:

1)

VENDORS

2)

PURCHASER
DRAFTED BY

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