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AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE IS MADE ON THIS DAY OF ,


TWO THOUSNAD TWENTY-FOUR ( / /2024) AT BENGALURU

BETWEEN:

1. MR. GOVINDARAJU S M,
Aged about -- years,
S/o. Mr. Muthuswamy S. K .
PAN: ------
AADHAR CARD NO. --------.

2.MRS. SUGANYA SUBRAMANIAN.


Aged about – years,
W/o. Mr. Govindaraju S. M.
PAN:-----
AADHAR CARD NO:-----

Residing at: -------.

Hereinafter referred to as the “SELLERS” (which expression shall mean and


include his respective heirs, nominees, administrators, executors, assigns,
successors/successor-in-title/or legal representatives) on the ONE PART.

IN FAVOUR OF:

1. MRS. NISHA JAIN,


W/o. Mr. ----- Aged about
-- years,
PAN: -----.
AADHAR CARD NO. -----.

Residing at: Vandana primerose apartment flat 104, 15th main 23rd cross
Near born baby HSR Layout Sector 3 Bangalore-560 102.

Hereinafter collectively, called the “PURCHASER” (which term or


expression shall unless repugnant to the subject or context include their
successors, legal representatives, administrators, executors, assigns etc.) on
the SECOND PART.

WHEREAS the SELLERS are the sole and absolute owner of their ALL that
piece and parcel of immovable property comprising in one residential flat/
apartment unit, i. e., Flat No.501 measuring a super built-up area of 1300
Sq. Ft. (which is also inclusive of balconies and a proportionate share in the
common areas ) situated in Fifth Floor IN ‘B’ Block, with one Covered Car
Parking Space in the Basement Floor, in the multi-storeyed residential
apartment Building known as “N. D. Passion” constructed on the Schedule-A
Property. The said Apartment unit constructed with solid cement block
aluminum windows and jungle wood. Doors and flooring with vitrified tiles,
along with Schedule B Property 390 Sq. Ft., hereinafter referred to as the
“Schedule B and C Property”.

WHEREAS, the SELLERS has purchased the Schedule “B and C”


Property from its previous owner being the SELLERS ------------, through
a registered Sale Deed dated 17-05-08, registered as Document No. SRJ-1-
02498-2014-15 of Book-1, stored in C.D. No. SRJD156 dated 26/9/2014, in
the Office of the Sub-Registrar, Basavangudi (sarjapur), Bengaluru.

WHEREAS the SELLERS ever since, the date of purchase of the SCHEDULE
“B and C” PROPERTY they have become the sole and absolute lawful
owner and has been in possession and enjoyment of the same. The Khatha
of the SCHEDULE “B and C” PROPERTY has been registered in the name
of the SELLERS by the BRUHAT BENGALURU MAHANAGARA PALIKE
Authorities and they have also paid up to date taxes to the BBMP concerning
the SCHEDULE ‘B and C’ PROPERTY AND:

WHEREAS, except the SELLERS there are no other than the SELLERS,
there is no other person/s who has/have any manner of right, title, interest
or charge over the SCHEDULE ‘B and C’ PROPERTY. The SELLERS, thus
in the manner hereinabove mentioned become the sole and absolute lawful
owner and he is in undisturbed enjoyment, peaceful possession, occupation
and enjoyment of the SCHEDULE ‘B and C’ PROPERTY ever since he
purchased the same for valid sale consideration and the same is his self-
acquired property and there is no impediment whatsoever to go through the
sale transaction by the SELLERS AND:
WHEREAS the SELLERS, now in need of funds for the family and other
legal necessities has offered to sell the SCHEDULE ‘B and C’ PROPERTY
for sale price of Rs. 96,00,000/- (Rupees Ninety-Six Lakhs Only) and the
PURCHASER after coming to know of the sale of the SCHEDULE ‘B and
C’ PROPERTY and offer made by the SELLERS have approached the
SELLERS and being satisfied with the title of the SELLERS, PURCHASER
have agreed to purchase the SCHEDULE ‘B and C’ PROPERTY for the sale
price of Rs. 96,00,000/- (Rupees Ninety-Six Lakhs Only) which is the
fair market value thereon, which is under the encumbrance of State Bank of
India.

WHEREAS, the SELLERS and the PURCHASER have mutually agreed to


the following terms and conditions subject to which the sale contemplated
herein agreed to be made.

NOW, THIS AGREEMENT OF SALE WITNESSETH AS FOLLOWS:

1. THAT IN PURSUANCE of the above said agreement and in


consideration thereof the SELLERSS has agreed to sell and the
PURCHASERS have agreed to purchase the SCHEDULE ‘B and C’
PROPERTY for a sale consideration of Rs. 96,00,000/- (Rupees
Ninety-Six Lakhs Only) and the PURCHASER as part performance of
this contract has paid the SELLERS, an advance sale consideration in the
following manner;

A. Rs. ------(Rupees ------ Only) through UPI with transaction ID


No..-----, dated ------.

B. Rs. ------/- (Rupees Twenty Lakhs Only), by way of DD no.


dated / /2024 drawn on ICICI Bank
has be given by the
PURCHASER and received by SELLERS on the day of the execution
of this sale agreement.

2. The PURCHASER covenant to pay the SELLERS, the balance of the sale
consideration of Rs. ------/-(Rupees -------Only) which includes the
TDS on the total sale consideration amount, by way of
DD/NEFT/RTGS/Direct payment to SELLERS SBI home loan account,
after Submitting Form 26-QB paying TDS on the Total Sale Consideration,
on or before 60 Days (SIXTY DAYS), from the date of this Agreement of
Sale or on execution of a Registered Deed of
Absolute Sale of the SCHEDULE ‘B and C’ PROPERTY conveyance in
favour of the PURCHASER or their nominee/s, duly conveying the
SCHEDULE ‘B and C’ PROPERTY. Time shall be the essence of this
agreement of sale.

3. The Sale shall be completed within 60 days from this day. In the event
due to any unforeseen circumstances like natural calamities, disasters or
lockdown, and Dependencies on the Income Tax Department as well to
seek the TDS payment, which makes the registration of the sale deed
impossible it is hereby mutually agreed between the parties that the
timeline for execution of the sale deed be extended mutually.

4. Title of the SCHEDULE ‘B and C’ PROPERTY:

The sale of the Schedule “B and C” Property to the PURCHASER shall be


subject to the SCHEDULE ‘B and C’ PROPERTY being free from all lien,
charges, disputes, mortgages apart from State Bank of India, and lease or
court proceedings. The SELLERS declare that the SELLERS are the sole,
true, lawful and absolute owner of the Schedule Property and can vest clear
and marketable title in respect of the Schedule “B and C” Property unto
the PURCHASER. The PURCHASER have examined the photocopies
provided by the SELLERS of all the title deeds, approvals, permissions,
and sanctions given by various authorities relating to the SCHEDULE ‘B and
C’ PROPERTY and based on such inspection and after being satisfied about
the title of the SELLERS to the SCHEDULE ‘B and C’ PROPERTY the
PURCHASER have entered into this Agreement of Sale in respect of the
SCHEDULE ‘B and C’ PROPERTY. The SELLERS shall produce and furnish
all the original title deeds, encumbrance certificate, khatha copy, up to date
RTC & Tax-paid receipt copies of all prior deeds of title documents to
establish the title of the SELLERS as to the SCHEDULE ‘B and C’
PROPERTY.

The SELLERS further represent that in any case of dispute arising out
of the above transaction either by third parties or by any competent
government authorities with respect to the SCHEDULE ‘B and C’
PROPERTY the SELLERS agrees to indemnify the PURCHASER in all
the sorts till the SELLERS ownership of the property.

The SELLERS represent that he shall assist and settle any dispute
which may arise with respect to the Title of the SELLERS in the
SCHEDULE ‘B and C’ PROPERTY on his costs and risks till the
SELLERS ownership of the property.
Until the completion of the sale in favour of the PURCHASER, the
SELLERS shall pay all the taxes, cess, maintenance charges and all
other statutory payments and payments for amenities on the
SCHEDULE ‘B and C’ PROPERTY directly to the Statutory
Authority/Local Bodies/Authority or the Layout Owners Association as
the case may be.

That the SCHEDULE ‘B and C’ PROPERTY is free from lien, charges,


disputes, mortgages apart from State Bank Of India, restrictive
covenants, lis-pendens, acquisition and requisition proceedings,
statutory dues, attachments, minor claims or claims of any other
nature whatsoever, as mentioned earlier to the PURCHASER all the
water bills, maintenance charges, electricity bills, are paid without any
arears till the date of possession of the PURCHASER which is fulfilled
by the SELLERS, which the PURCHASER will continue to pay their
bills from the date of possession with respect to SCHEDULE ‘B and C’
PROPERTY and also the Property Taxes are paid up-to-date till the
financial year of 2023-2024.That it is not mortgaged or offered as a
collateral for securing any loan or for obtaining any advance
whatsoever from any individual, Bank or Financial Institution apart
from State Bank of India and it is not subject to any attachment, court
or acquisition proceedings or charges of any kind, howsoever remote
and that the SELLERS are entitled to sell it without any restraint
otherwise arising due to any Statute in force.

That there is no impediment for this sale under any law, decree, or
contract, will or gift memorandum of understanding oral or written.
That the SELLERS are not a party to any suit or other legal
proceedings and the Schedule “B and C” Property is not subject to
any attachment by the process of the Courts or in the possession or
custody by any receiver, judicial or revenue Court or any officer
thereof and is not the subject matter of any suit, writ, execution or
other legal proceedings nor is subject to any attachment by the
process of the Courts or in the possession or custody by any Receiver,
Judicial or Revenue Court or any officer thereof.

That the SELLERS does not have any pending liabilities regarding
Income Tax, Wealth-Tax, Gift-Tax, or any other tax which would affect
their title to the SCHEDULE ‘B and C’ PROPERTY.
That the SELLERS has not given the Schedule “B and C” Property
by way of rent, lease to any party whatsoever, by way of written
deed or otherwise and that the SELLERS is in actual physical
possession of the SCHEDULE ‘B and C’ PROPERTY to be conveyed.

That the SELLERS confirm that the SCHEDULE ‘B and C’ PROPERTY


is in encumbrance with State Bank of India and the same shall be
discharged by the PURCHASER as part of the execution of this Sale
Deed and make sure that there are no other loans outstanding against
the SCHEDULE ‘B and C’ PROPERTY.

That the SELLERS have agreed to deliver peaceful and vacant


possession of the SCHEDULE “B and C” PROPERTY.

5. Stamp Duty:

The PURCHASER shall pay and bear stamp duty, registration fee, other
statutory levies, all other departmental charges connected with the transfer
and vesting of the Schedule “B and C” Property. The PURCHASER shall
bear the fees and expenses pertaining to transfer of Khatha, electricity and
such related fees and expenses. The SELLERS shall extend full co-operation
to the PURCHASER to facilitate such transfer.

6. Specific Performance & Arbitration:

Without prejudice to the right of specific performance and in the


alternate in the event of the breach being on the part of the SELLERS,
the PURCHASER shall be entitled for the refund from the SELLERS of
the advance sale consideration paid along with Rs. 50,000/- (Rupees
Fifty Thousand Only) as liquidated damages within 15 days from the
date of such breach and after payment of the said amount, the parties
shall enter into cancellation of Agreement to sell.

Likewise without prejudice to the right of specific performance and in


the alternate, in the event of any willful breach being on the part of
the PURCHASER, the SELLERS shall be at liberty to withhold a sum
of Rs ------/-(Rupees ----- Only)) out of the advance sale
consideration as liquidated damages and return the balance sale
consideration to the PURCHASER within 15 days from the date of
such breach and after payment of the said amount the parties shall
enter into cancellation of Agreement to sell.

7. Notices:

Any notice or correspondence to be sent to any Party under this Agreement


with respect to the SCHEDULE ‘B and C’ PROPERTY shall be addressed
and sent to their respective addresses mentioned in this Agreement by
Registered Post A.D, or through an internationally reputed courier. The
Parties shall keep each other informed of any change in their address for
correspondence.

8. Nomination:

The SELLERS have agreed to execute the Sale Deed in favour of the
PURCHASER or in favour of his nominees or assigns of the PURCHASER,
as the case may be and undertakes to execute and perform all acts, deeds
that may become necessary for effectively conveying the Schedule Property.

9.Dispute:

If any dispute arises out of this Agreement concerning the SCHEDULE ‘B


and C’ PROPERTY both the Parties agree to submit to the jurisdiction
courts at Bengaluru, Karnataka.

10. Original Documents:

The SELLERS represent that he is in absolute possession of all the original


documents with respect to the Schedule “B and C” Property including “No
Dues certificate” and other required “Exit Documents” from the PRESTIGE
KEW GARDENS APARTMENTS OWNERS’ ASSOCIATION and further agree to
make the same available to the PURCHASER for physical verification of the
documents whenever requested by the PURCHASER herein and all such
original documents shall be handed over to PURCHASER at the time of the
registration of the sale deed.
This document is prepared in two sets. Original is with the PURCHASER and
the copy of the same duly signed by both the parties is with the SELLERS.
SCHEDULE “A” PROPERTY

All that piece and parcel of Immovable property being the converted
land measuring 150740 Sq. Ft. out of the land comprising in item No.
1 to 5 mentioned hereunder, viz., Sy. No.86/1 measuring 32 Guntas,
Sy. No. 86/2, measuring 25 Guntas Sy. No. 88/1 measuring 1 acre
21 Guntas, Sy. No. 88/2 measuring 18 Guntas, Sy No. 88/3
measuring 20 Guntas, (totally measuring 3 acre 36 Guntas or
1,69,884 Sq. Ft) Katha No. 1399/521, situated in kudlu Village,
Sarjapur Hobli, Anekal Taluk, ( excluding 19,144 Sq. Ft.) of land
appurtenant to the club House as described in the Schedule A(a)
hereunder to the said Club House is as marked in the Building Plan
approved by the Bangalore Development Authority Vide No.
AS/AA3/E/116/2007-08 dtd.23/2/2008, and further modified vide
No. AS/AA3/E/29/2010-11 dtd.6/04/-2010, and further modified
vide No. JDTP(S)BDA/PS/AS/AA-3/E/29/10-11 dated 28/02/2013.
Along with all rights of way, water, light, electricity, drainage,
easementary and other rights and appurtenances attached thereto,
and having common boundaries as under:.

East by: Sobha Cinnamon Apartment.


West by: N. D. Passion Elite Apartment..
North by: Road.
South by: Property in Sy. No. 80/2. .

SCHEDULE "B" PROPERTY

All that piece and parcel of 390 Sq. Ft. of undivided right, title,
interest in Schedul-A Property which is the proportional
corresponding undivided share in respect of the Schedule-C
Apartment unit. and ownership in the land in Schedule "A" Property
above.

SCHEDULE “C” PROPERTY

All that piece and parcel of immovable property comprising in one


residential flat/ apartment unit, i. e., Flat No.501 measuring a super
built-up area of 1300 Sq. Ft. (which is also inclusive of balconies and
a proportionate share in the common areas ) situated in Fifth Floor
IN ‘B’ Block, with one Covered Car Parking Space in the Basement
Floor, in the multi-storeyed residential apartment Building known as
“N. D. Passion” constructed on the Schedule-A Property. The said
Apartment unit constructed with solid cement block aluminum
windows and jungle wood. Doors and flooring with vitrified tiles.
IN WITNESS WHERE OF the SELLER and the PURCHASER have
hereunto set and subscribe their thumb and signatures and seals to
this Agreement of Sale on the day, month, and year aforementioned,
before the attesting witnesses, at BENGALURU.

SINGED AND DELIVERED


By and within named

(SELLERS) ATTESTING WITNESSES:

1. MR. Govindaraju S M

2. MRS. Suganya Subramaniah.

(PURCHASER)

1. MRS. Nisha Jain

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