Professional Documents
Culture Documents
BETWEEN
AND
MATR
…………………..
A Private Limited Company Registered under Companies Act, 1956,
having it’s Registered Office at Office at…………
AND
WHEREAS-
1. One Mrs. Ranjeetkaur Kartarsingh Gandhi was the owner of the Plot of
land and the old building thereto situated at S. No 428 A Mangalwar Peth,
Pune herein after refereed to as the said Plot and more particularly
described in the First Schedule hereunder written.
2. The Vendor proposed to develop plot of land situate at and being S. No.
428/A, Mangalwar Peth, Pune – 411 011 The Vendor therefore on 3 rd
August 1990 executed a Development Agreement and granted the rights
unto M/s Hindustan Builders, a Registered Partnership Firm carrying on
business as Promoter Developers at 836 Sadashiv Peth, Pune, to develop
the said Plot and to sell the flats, shops, tenements in the proposed
building to the third parties.
3. By the said Development Agreement referred to above the Vendor
reserved to herself the rights to allot and sell about 3000 Sq. Ft of built up
of commercial and residential area to be constructed by the said builders to
the existing tenants in lieu of the relinquishment of their tenancy rights.
4. The Promoter got the building plans sanctioned and approved by the
Authorities of Pune Municipal Corporation as per Commencement
Certificate No. 3342 dated 09/11/1990. The building plans were revised
later and Pune Municipal Corporation under the revised Commencement
Certificate No. 162 of 07/02/1992 again sanctioned the plan. The Promoter
Builder thereafter commenced the construction of the building consisting
of ground stilt and upper floors including the parking area and the terraces
on the said land.
5. In the meanwhile said Mrs. Ranjeetkaur Kartarsingh Gandhi died intestate
in the year 1992 leaving behind her the present Vendor as her only heir
and who thus became entitled to the said Plot No. 428 A and to the
benefits of the said Development Agreement.
6. The Confirming Party was a tenant having one room in the old building
standing at the said Plot. The Vendor initiated the legal proceedings
against the tenant to evict them from the said rooms, The said proceedings
unto the Appellate stage in the High Court ended against the Confirming
Party No. 1 but ultimately a settlement was reached between the first
Confirming Party and the second Confirming Party being the son of the
first Confirming Party with the Vendor whereby the Confirming Party
paying to the Vendor a sum of Rs 50,000/- the Vendor should allot and
transfer to the Confirming Party in lieu of the said rooms the premises
having Flat No. 4 situated on the first floor admeasuring about 294 Sq. Ft
along with the adjoining terrace of about 126 Sq. Ft in the new
construction at the said Plot, and to that effect the Vendor executed an
agreement for sale of the said Flat in the name of the Confirming Party on
Ownership Basis under the provisions of Maharashtra Ownership Flats
Act, 1963. The said Flat/ premises is hereinafter referred to as the said Flat
and described in more particulars at the Schedule II written hereinunder.
7. The Vendor and the Confirming Parties executed the said agreement in the
name and style as Deed of Transfer. The Confirming Parties paid the
Vendor the full consideration amount of Rs 50,000/- as agreed by and
between the Confirming Parties and the Vendor and paid the proper stamp
duty thereto and subsequently submitted the same for Registration at the
Office of Sub Registrar Haveli No. II having serial No. 3725 of
17/09/1994 and registered the same.
8. By a Declaration as required by section II of the Maharashtra Apartment
Ownership Act, 1970 (hereinafter called the said act) executed by the
Vendor and the said M/s Hindustan Builders on the 12 th day of April 1996
and registered under Serial No. 1752 at the Office Of the Sub Registrar
Haveli II, Pune on 25th Day of April 1996 under the Indian Registration
Act 1908 and true copies whereof have been duly filed with the Registrar
of Co-operative Societies being the Competent Authority under the said
Act of 1970, the Vendor has submitted the said building known as
`Ranjeet Complex Condominium’ together with the said piece of land to
apartment ownership as provided and required to the provisions of the said
Act of 1970.
9. The Confirming Party has now agreed to transfer his right title and interest
in the said Flat under the said Deed of Transfer executed on September 17,
1994 to the Purchaser for a consideration of Rs 3,93,000/- which is
acceptable to the Confirming Party.
10. The Purchaser has examined the title of the Vendor and the Confirming
Parties to the said property and has seen the documents of title and is
satisfied with the Vendor’s and the Confirming Parties’ title to the said
Flat.
11. The Vendor and the Confirming Party declare that the said Flat is free
from encumbrances and no other person has any right, title and interest or
claim in the plot of land and the building thereon.
12. The Purchaser declares that he has taken inspection of the plans and
specifications of the proposed construction and which Pune Municipal
Corporation has approved.
13. As per the said building plans, the said new building consists of ground
and three upper floors, in all consisting of thirty Shop Units, ten Office
Units and thirty two Family Units.
14. A copy of the relevant floor plans of the building filed under Sub-section 2
of section 13 of the Maharashtra Apartment Ownership Act of 1970 and a
certificate of the Architect a required by section 7(1) of the said Act of
1970 have been annexed hereto and marked by Letters ‘B’ and ‘C’
respectively and has been listed in the Documents annexed herewith in
Schedule III.
15. The Confirming Parties have requested to the Vendor to execute this Deed
of Apartment in pursuant to the said Declaration dated Oct 12, 1996
directly I favor of the Purchaser and they have agreed to join as
Confirming Party to the said Deed and to which the Vendor has agreed.
16. This Deed of Apartment is being executed pursuant to and for the
purposed of the Maharashtra Apartment Ownership Act, 1970.
AND the Vendor and the Confirming Parties do and each of them
doth hereby for himself and his heirs, executors and administrators
covenant with the Purchaser that (a) he the Vendor and the Confirming
Party now has in himself good right, full power and absolute authority to
grant, and sell the said premises hereby granted and sold or intended so to
be unto and to the use of the Purchaser in manner aforesaid, (b) the
Purchaser shall and may at all times hereafter peaceably and quietly enter
upon, hold, occupy, possess and enjoy exclusively the said premises
hereby granted or expressed so to be with the said appurtenances and
receive the rents issues income and profits thereof and of every part
thereof for his own use and benefit without any suit, lawful, eviction,
interruption and claim and demand whatsoever from or by the Vendor or
the Confirming Party or any person or persons lawfully claiming or to
claim by from under or in trust for the Vendor or the Confirming Party and
all persons having or lawfully claiming any estate right or interest
whatsoever from or by the Vendor or or the Confirming Party or any
person or persons lawfully claiming or to claim by from under or in trust
for the Vendor or the Confirming Party and all persons having or lawfully
claiming any estate right or interest whatsoever at law in the said premises
hereby granted sold, expressed so to be by from under or in trust for the
Vendor or the Confirming Party And (c) the said premises are free and
clear and freely and clearly and absolutely and for ever released and
discharged or otherwise by the Vendor or the Confirming Party and well
and sufficiently saved ,kept harmless and indemnified of, from and against
all former and other estate, title charges and encumbrances whatsoever
had made executed occasioned or suffered by the Vendor or the
Confirming Party or any other person or persons lawfully claiming or to
claim by from under or in trust for the Vendor or the Confirming Party,
and (d) the Vendor or the Confirming Party shall and will from time to
time and at all times, hereafter at the request and costs of the Purchaser do
and execute or cause to be done and executed all such further and other
lawful and reasonable acts, deeds, things, matters, conveyances and
assurances in the law whatsoever for the better further and more perfectly
and absolutely granting the said premises hereby granted and sold unto
and to the use of the Purchaser in manner aforesaid as by the Purchaser or
his Counsel in law shall be reasonable required,
AND the Vendor doth hereby covenant with the Purchaser that he
will unless prevented by fire or some other inevitable accident from time
to time and at all times hereafter upon every reasonable request and at the
costs of the Purchaser produce or cause to be produced to the Purchaser or
his advocate or agent or at any trial commission, examination or otherwise
as occasion shall require all or any other the deeds and writings comprised
in the third Schedule hereunder written for the purpose of showing his title
to the said land, and premises described in the First and Second Schedules
hereunder written and also at the like request and costs, deliver or cause to
be delivered unto the Purchaser such attested or other copies or extracts of
and from the said Deeds and writings or any of them as the Purchaser such
attested or other copies or extracts of and from the said Deeds and writings
or any of them as the Purchaser may require and will in the meantime,
unless prevented as aforesaid keep the said Deeds and writings safe
unobliterated and uncancelled. AND IT IS HEREBY declared and agreed
that in case the said Deeds and writings herein before covenanted to be
produced or any of them shall at any time hereafter be delivered by the
Vendor to any other person or persons he shall thereupon enter into with
and deliver to the person or persons for the time being entitled to the
benefit of the covenant for production herein before contained and without
expenses to him, a covenant for the production and furnishing copies of
the said Deeds and writings, which shall have been so delivered up,
similar to the covenant herein before contained then and in such case the
said last mentioned covenant shall forthwith be null and avoid so far as
regards the deeds and writings to which the said substituted covenant shall
relate.
Vendor
1.
2.
Confirming Party
2. In the presence of
Name:
R/at: