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THIS AGREEMENT TO SELL (Sale) made and entered into on this, the …………..

day of
April, Two Thousand Twenty Three (….-04-2023);

BETWEEN :

01. SMT.SHUBHA SRINIVASAN GOPAL


Alias S G Shubha
Daughter of Sri.S Gopal
Wife of Sri. Aravind Alagu Manickam
Aged about 43 years
Residing at 7400, Mount Veeder Road,
Dublin, California - 94568
United States of America
PAN : AGJPG6706G / AADHAAR : 8688 6311 1696
PASSPORT : 683521483 / OCI : A4724943

Represented by her Sister and GPA Holder


Smt.Prathibha S G (Second Vendor herein)

02. SMT.PRATHIBHA S G
Daughter of Sri.S Gopal
Wife of Sri.Srikanth Murthy D S
Aged about 40 years
Residing at No:524,
Sixth Cross, Sixth Main,
K N Extension, Yeshwanthpur,
BANGALORE – 560 022
PAN : BSOPP9004Q / AADHAAR : 7208 2421 8928

03. SRI.PRABHAKAR S V
Alias Srinivasan Venkatesh Prabhakar
Son of Sri.S Venkatesh
Aged about 56 years
Residing at No:844,
Fifth Cross, Tenth Main,
Indiranagar, BANGALORE – 560 038
PAN : AGLPP1039K / AADHAAR : 9534 9721 3958

04. SRI.S V SESHADRI


Alias Srinivas Venkatesh Seshadri
Son of Sri.S Venkatesh
Aged about 54 years
Residing at No:844,
Fifth Cross, Tenth Main,
Indiranagar, BANGALORE – 560 038
PAN : AKPPS0477E / AADHAAR : 7695 8000 6765

Hereinafter collectively referred to as VENDORS

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Which expression shall mean and include their heirs, legal representatives, administrators,
executors, assigns, etc., of the ONE PART;

AND :

SMT.BHAVYA S
Wife of Sri.Somashekar Gangadhariah
Aged about 36 years
Residing at No:107, Second Cross,
BHS Layout, Near Bunts Choultry, Vijayanagara,
BANGALORE – 560 040
PAN No:CODPS1647L / AADHAAR No:5806 3132 0858

Hereinafter referred to as PURCHASER

Which expression shall mean and include her heirs, legal representatives, administrators,
executors, assigns, etc., of the OTHER PART;

WITNESSETH :

I. WHEREAS one Sri.V G Srinivasan had acquired the entire property bearing Site
No:9, IV T Block, Jayanagar Extension, Bangalore, measuring East to West : 40ft.,
North to South : 52ft. 06 in., under the registered Sale Deed dt:01-03-1973, executed
by the Mysore Housing Board, rep. by its Chairman, registered as document
No:3742/1972-73, Book I, Volume 199, pages 108 to 110, registered in the office of
the Sub Registrar, Jayanagar, Bangalore;

II. WHEREAS Sri.V G Srinivasan had executed a Last Will and Testament dt:09-09-
2001 bequeathing and devising his estate, while granting life interest in the above
property in favour of his wife Smt.Ambujamma and WHEREAS, before the
registration of the above Will, Sri.V G Srinivasan died on 26-02-2002 and in the said
circumstances, at the consent of all surviving legal heirs of V G Srinivasan and as per
his desire, wish and intentions, his wife Smt.Ambujamma was placed in exclusive
possession of the above property;

III. WHEREAS subsequently, in order to confirm and give effect to the desire of V G
Srinivasn, his wife Smt.Ambujamma has executed her Last Will and Testament dt:28-
09-2011, registered in private attendance on 29-09-2011 / 30-09-2011, as document
No:157/2011-12, Book III, stored in CD No:JAYD132 and registered in the office of
the Sub Registrar, Jayanagar, Bangalore and in the said Last Will, Smt.Ambujamma
has confirmed the bequeath of the ground floor residential portion along with the car
shed, along with 50% undivided right title share and interest in the land of the above
composite property, in favour of the FIRST and SECOND VENDORS, jointly in
equal shares and confirmed the bequeath of the first floor residential portion along
with 50% undivided right title share and interest in the land of the above composite
property, in favour of the THIRD and FOURTH VENDORS, jointly in equal shares,
originally desired and bequeathed by her husband V G Srinivasan;

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IV. WHEREAS Smt.Ambujamma died on 15-10-2011 and in pursuance thereof, the terms
of the above Last Will and Testament dt:28-09-2011 has come into effect;

V. WHEREAS the VENDORS have approached the revenue authority of the Bruhat
Bangalore Mahanagara Palike, Bangalore, for bifurcation of katha of the above
property in respect of the portions allocated to them and after following due process
and formalities, the Asst. Revenue Officer has issued a Special Notice dt:25-05-2012
vide No:WA/168/KTR/12/12-13, MTR/11/12-13, wherein the said Authority has
permitted the bifurcation of katha and allotted new Municipal No:9/40/1 in respect of
the first floor portion and undivided share belonging to the THIRD and FOURTH
VENDORS and retained Municipal No:9/40 in respect of the ground floor residential
portion, car shed and undivided share of the FIRST and SECOND VENDORS;

VI. WHEREAS in the above manner, the VENDORS have become the co-owners of the
entire property bearing Municipal Nos:9/40 and 9/40/1 (being the ground and first
floor portions of the composite property bearing Site No:9, old Municipal No:9/40),
presently situated at Thirty Third Cross Road, Fourth T Block, Jayanagar, Bangalore,
Corporation Ward No:168 (old Ward No:58), PID Nos:58-26-40 & 58-26-40/1,
within the limits and administration of Pattabhiramanagar Ward, Bruhat Bangalore
Mahanagara Palike, Bangalore, together with ground and first floor residential
structures standing thereon, morefully described in the schedule hereunder and
hereinafter referred to as the schedule property and the VENDORS each of them have
One-Fourth (1/4th) undivided right title share and interest in the Schedule Property and
the VENDORS are in peaceful and uninterrupted possession and they are paying the
taxes and assessments to the revenue authority and exercising all acts of co-ownership
over the same, with all powers of alienation;

VII. WHEREAS the VENDORS have jointly decided to partition their assets and in the
said circumstances, the VENDORS have decided to dispose off the schedule property
to generate funds to share the sale proceeds generated in equal shares and meet their
family legal necessities and in the said circumstances the VENDORS were looking
for suitable purchasers for the sale of the schedule property;

VIII. WHEREAS the PURCHASER was searching a suitable property for her bonafide
use and occupation and therefore offered to purchase the schedule property for a
valuable sale consideration of Rs.7,23,45,000/- (Rupees Seven Crores Twenty Three
Lakhs Forty Five Thousand Only) free from all kinds of encumbrances, provided the
VENDORS permit the PURCHASER to deduct and remit applicable Tax Deducted at
Source (TDS) to the PAN account of the VENDORS, from and out of the sale
consideration and WHEREAS the VENDORS are agreeable to sell the above property
to the PURCHASER for the said sale consideration of Rs.7,23,45,000/- (Rupees
Seven Crores Twenty Three Lakhs Forty Five Thousand Only) free from all kinds of
encumbrances and permitted the PURCHASER to deduct and remit applicable Tax
Deducted at Source (TDS) to the PAN account of the VENDORS, from and out of

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the sale consideration and both the PARTIES have mutually agreed to certain terms
and conditions as hereunder and felt to reduce the agreed terms into writing;

IX. WHEREAS the FIRST VENDOR is presently residing at United Stated of America
and in the said circumstances, she has nominated and appointed her sister
Smt.Prathibha S G (the SECOND VENDOR herein) as her lawful power of attorney,
in pursuance of the Power of Attorney dt:10-04-2023 duly sworn before the Notary
Public Devangi V Chopra, California, Alameda County, United States of America and
subsequently adjudicated as GPA No:…………on………………… before the
District Registrar & Proper Officer, Jayanagar District, Bangalore, by payment of
proper fees, thereby authorizing her to represent the FIRST VENDOR to execute this
Agreement of Sale in favour of the PURCHASER;

X. NOW THIS AGREEMENT TO SELL ( Sale)WITNESSETH :


That in consideration of the foregoing and the price herein hereby
reserved the VENDORS herein hereby agree to sell and the PURCHASER herein
hereby agrees to purchase the entire schedule property for a valuable sale
consideration of Rs.7,23,45,000/- (Rupees Seven Crores Twenty Three Lakhs Forty
Five Thousand Only), free from all kinds of encumbrances, litigation/s, charges, liens,
minor and/or partition rights, on the terms and conditions contained herein;

1. The PURCHASER has paid a sum of Rs.2,00,00,000/- (Rupees Two Crores


Only) to the VENDORS as advance towards the sale consideration as detailed
hereunder;

i) Rs.50,00,000/- (Rupees Fifty Lakhs Only) by way of Demand Draft


bearing No:…………., dated ……………, drawn on
…………. bank, ……………. Branch, Bangalore and
issued in favour of the FIRST VENDOR;

i) Rs.50,00,000/- (Rupees Fifty Lakhs Only) by way of Demand Draft


bearing No:…………., dated ……………, drawn on
…………. bank, ……………. Branch, Bangalore and
issued in favour of the SECOND VENDOR;

iii) Rs.50,00,000/- (Rupees Fifty Lakhs Only) by way of Demand Draft


bearing No:…………., dated ……………, drawn on
…………. bank, ……………. Branch, Bangalore and
issued in favour of the THIRD VENDOR;

iv) Rs.50,00,000/- (Rupees Fifty Lakhs Only) by way of Demand Draft


bearing No:…………., dated ……………, drawn on
…………. bank, ……………. Branch, Bangalore and
issued in favour of the FOURTH VENDOR;

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The VENDORS acknowledges the receipt of the above said sum of
Rs.2,00,00,000/- (Rupees Two Crores Only) as advance towards the sale
consideration from the PURCHASER;

2. The VENDORS have agreed to receive the balance sale consideration from
the PURCHASER, before the Sub Registrar on the date of registration of sale
deed, either from the Bank and / or from the PURCHASER;

3. The VENDORS have permitted the PURCHASER to deduct the applicable


Tax Deducted at Source (TDS) as required under provisions of the Income
Tax Act.1961 and rules made there under from and out of the sale
consideration;

4. The VENDORS shall convey a valid, legal, subsisting marketable title to the
PURCHASER free from all kinds of encumbrances, attachments, charges
maintenance, attachments or partition rights, litigation and acquisition
proceedings;

5. The VENDORS undertake to hand over the vacant possession of the schedule
property to the PURCHASER, on the date of registration of sale deed;

6. THE VENDORS COVENANT WITH THE PURCHASER THAT:

a) The VENDORS covenant that they are the full and absolute co-owners
in possession and enjoyment of the schedule property and that there are
no others who have got any kind of right, title, share or interest over
the same and that there are no impediments or hurdles to sell the
schedule property in favour of the PURCHASER;

b) Except under this Agreement, the VENDORS have not entered into
any Agreement or transaction in respect of the schedule property;

c) The VENDORS assures the PURCHASER that, the schedule property


is free from all kinds of encumbrances, attachments, liens, charges,
maintenance, partition rights, litigation and acquisition proceedings;

d) The VENDORS covenant with the PURCHASER that as on date, the


VENDORS have not entered into any joint development agreement/s
or executed any Power of Attorney/s in favour of third parties in
respect of the schedule property and / or created any charge or
encumbered the schedule property in any manner;

e) In view of this Agreement, the VENDORS are not entitled to enter into
any agreement/s or joint development agreement/s or create any charge
over the schedule property;

f) The VENDORS have no objection to the PURCHASER to approach


any financial institutions to raise loan to purchase the schedule
property and complete the sale transaction. In that event the
VENDORS shall make arrangement for inspection and verification of

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original title deeds of the schedule property by the Banker of the
PURCHASER, if found necessary;

g) The VENDORS undertake to deliver and handover the original title


deeds and all other documents in respect of the schedule property, to
the PURCHASER on the date of the registration of the proposed Sale
Deed;

h) The VENDORS shall execute the sale deed in favour of the


PURCHASER and/or her husband Sri.Somashekar Gangadhariah
and/or jointly in their favour;

th
7. The sale transaction shall be finalized on or before 15-06-2023( 10
) or
within two weeks from the production of the following documents, whichever
is later;

i) Latest katha certificate / Endorsement reflecting the correct sital and


built up area

ii) Encumbrance certificate from 01-04-1955 to 31-03-1971 and from 01-


04-2018 to up to date;

iii) Any other documents as may be sought by the Counsel of the


PURCHASER to verify the marketable title of the VENDORS and
conclude the sale transaction;

8. In the event of either party to this agreement committing breach, the aggrieved
party shall be entitled to enforce specific performance of this contract and also
recover cost, expenses and losses incurred by the aggrieved party, as a
consequence of such breach from the party committing breach;

9. The PURCHASER is entitled to publish a Public Notice in daily news paper/s


informing the general public with regard to the sale transaction in respect of
schedule property and calling for objections if any. In the event of any claim/s
are lodged on the basis of the public notice/s, then, the VENDORS at their
cost shall defend all such claim/s and litigation/s and keep the PURCHASER
fully indemnified in this regard. The VENDORS also undertake to reimburse
all expenses that may be incurred by the PURCHASER to defend all such
claim/s and litigation/s;

10. The FIRST and SECOND VENDORS undertake to secure the signatures of
their father Sri.S Gopal, son of Late V G Srinivasan and the THIRD and
FOURTH VENDORS undertake to secure the signatures of their father Sri.S
Venkatesh, son of Late V G Srinivasan, as CONSENTING WITNESSES to
the proposed Sale Deed, to confirm that the VENDORS are the full and
absolute co-owners of the schedule property and that they have no right share
title and interest over the schedule property and that they have no objection for
the VENDORS to sell the schedule property to the PURCHASER;

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11. The PURCHASER at her cost shall meet the stamp duty, registration charges
and drafting charges of the proposed sale deed;

12. The original of this Agreement shall be with the PURCHASER and the
photocopy thereof shall be with the VENDORS;

SCHEDULE

All that piece and parcel of the entire property bearing Municipal Nos:9/40 and 9/40/1 (being
the ground and first floor portions of the composite property bearing Site No:9, old Municipal
No:9/40), presently situated at Thirty Third Cross Road, Fourth T Block, Jayanagar,
Bangalore, Corporation Ward No:168 (old Ward No:58), PID Nos:58-26-40 & 58-26-40/1,
within the limits and administration of Pattabhiramanagara Ward, Bruhat Bangalore
Mahanagara Palike, Bangalore, together with ground and first floor residential structures
standing thereon and together bounded on the:

East By : Property bearing Old No:08;

West By : Property bearing Old No:10;

North By : Thirty Third Cross Road;

South By : Property bearing Old No:24;

MEASURING

East to West : 40ft;

North to South : 52ft. 06.in;

In all ad-measuring 2,100 Sq.Ft.;

IN WITNESS WHEREOF the PARTIES hereto have affixed their signatures, on the day,
month and year first above written in presence of attesting witnesses;

WITNESSES : 1.
1.
2.

3.

2. 4.

VENDORS

PURCHASER

DRAWN BY

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