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DEED OF APARTMENT

THIS DEED OF APARTMENT made at Pune this day of August 2002,

BETWEEN

Hereinafter referred to as “ the Vendor “ of the One Part,

AND
MATR
…………………..
A Private Limited Company Registered under Companies Act, 1956,
having it’s Registered Office at Office at…………

Hereinafter referred to as PURCHASER which expression unless


repugnant to the context or meaning thereof shall also mean and include
it’s successors and assigns….the PARTY OF THE SECOND PART ;

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.

NOW THIS DEED WITNESSTH that in pursuance to the


Development Agreement dated August 03, 1990, the said Agreement/
Deed of Transfer dated Sept. 17, 1994 and said Declaration dated April
12, 1996 hereinbefore recited and in full consideration payable by M/s
Hindustan Builders to the Vendor under and by virtue of the said
Development Agreement being received by the Vendor and at the request
of the Confirming Party and the Purchaser the Vendor doth hereby grant
and convey and in consideration of the said sum of Rs 4,75,000/- (Rupees
Four Lac Seventy Five Thousand Only) paid upon the execution of these
presents to the Confirming Parties by the Purchaser (the payment and
receipt whereof the Confirming Party hereby admits) they the Confirming
Party do and each of them confirm and grant and transfer by way of sale
unto the Purchaser for ever all that the said Apartment being Flat No 4 on
First Floor (and delineated on the plan thereof hereto annexed and thereon
shown surrounded by red colored boundary lines) in the said building
known as ` Ranjeet Complex Condominium’ standing on the CTS No 428
A, Mangalwar Peth, Pune in the Registration Sub-District of Haveli II and
more particularly described in the Schedule II hereunder written together
with 1.04 per cent undivided interest appurtenant to the said Apartment
in the common areas and facilities (as defined in section 3 (f) read with
section 6 of the said Act of 1970) of the said piece of land more
particularly described in the First Schedule hereunder written and the said
building, and of the divided interest in the limited common areas and
facilities as defined in section 3(n) of the said Act of 1970 being the same
as are specified in the said declaration dated the 12th day of April 1996.

TOGETHER with all the appurtenances belonging to or in


anywise appertaining to or with the same or any part thereof usually held,
used, occupied or enjoyed or reputed or known as part or member thereof
or be appurtenant thereto (and the said Flat and the other premises hereby
granted as aforesaid are hereinafter referred to as “the said premises”) and
all the estate, right, title interest, use, inheritance, property, possession
benefit, claim, and demand whatsoever of the Vendor and the Confirming
Party in to out of or upon the said premises or any part thereof TO HAVE
AND TO HOLD the said premises hereby granted, and sold, or intended
so to be with their and every of their rights, members and appurtenances
unto and to these and benefit of the Purchaser for ever to be held as
heritable and transferable immovable property within the meaning of any
law for the time being in force, subject to the provision s of the
Maharashtra Apartments Ownership Act, 1970,the said Declaration dated
12th April 1996 and the Exhibit ‘B’ attached thereto being bye-laws of the
Condominium and all the rules and regulations and agreements lawfully
made and/ or entered into and/or that may be entered into pursuant to the
provisions or the aforesaid Act, Declaration and bye-laws and also
subjects to the payments of all rents, taxes, assessment, rates, dues and
duties, now chargeable upon the same or which may hereafter become
payable in respect thereof to the Government of Maharashtra, Municipal
Corporation, of Pune and any other concerned Authorities and subject to
the condition that the said Flat or apartment will be used only for
residential/commercial purpose and no other.

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.

IN WITNESS WHEREOF the Vendor, the Purchaser and the


Confirming Party hereto have hereunto put their respective signatures on
the day and year first hereinabove written.

THE FIRST SCHEDULE ABOVE REFERRED TO :


ALL THAT PIECE AND PARCEL of land, ground, hereditaments and
premises bearing CTS No. 428 A situated at Mangalwar Peth, within limits of
Pune Municipal Corporation and within jurisdiction of Sub Registrar Haveli II
and within the Registration District of Pune and admeasuring about 1318.15 Sq.
mt. or 14183. 30 and bounded as follows:-
On or towards East: By Pandit Jawaharlal Nehru Road,
On or towards South: By CTS. No. 428 B of Mangalwar Peth,
On or towards West: By CTS No. 475 and 494 of Old Somwar Peth,
On or towards North: By CTS No.468, Old Somwar Peth, Pune.

THE SECOND SCHEDULE ABOVE REFERRD TO:


ALL THAT PIECE AND PARCEL of the premises known as Flat
No. 4 on 1st floor of the building constructed on the property more
particularly described in First Schedule written herein above, admeasuring
about 294 Sq. ft or 27.32 Sq. Mts. (Built up) and is delineated on the plan
hereto annexed marked `D’, situated on the First Floor of the Building
constructed on the property described in the Schedule I above and known
as `Ranjeet Complex Condominium’ and further bounded as follows:
On or towards East: Front Open Space
On or towards South: Office No. 3
On or towards West: Passage
On or towards North: Office No. 5

THE THIRD SCHEDULE ABOVE REFERRD TO:


a. The Deed of sale DT. July 16, 1958 between Mr. Bhagwant
Vyankatesh Borade to Mrs. Ranjeetkaur Kartarsingh Gandhi and
Shantidevi Jogindersingh Gandhi.
b. The Deed of Partition dated March 28 th 1990 between the Ranjeetkaur
Kartarsingh Gandhi and Mrs. Shantidevi Jogindersingh Gandhi

Location: Nehru Road to Maldhakka Chowk.

Signed and delivered by the within named Vendor


1. In the presence of
Name:
R/at:

Vendor

Signed by the within named Purchaser


Purchaser
MATRIX BIOMEDICS PRIVATE LIMITED
The Person Authorized on it’s behalf Mr.
…………………….

Signed by the with in named Confirming Party

1.

2.
Confirming Party
2. In the presence of
Name:
R/at:

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