AGREEMENT TO SELL

This Agreement to Sell (hereinafter, “Agreement”) is made and executed on this …… Day of February
2023 at Gurugram between: -

i. Ms. ---------(AADHAR No. 000000000000 & PAN No. xxxxxxxxxx), D/o Mr. ABC, R/o.
Gurgaon 122000.
Presently residing at --------, Gurgaon, Haryana.
(Hereinafter called the “First Party.)

AND

i. Mrs. abc, (AADHAR No. 0000 0000 0000 & PAN No. xxxxxxxxx), W/o acs
ii. Mr. asd(AADHAR No. 0000 0000 0000 & PAN No xxxxxxxxx), S/o dhg
Both Residents of Flat No. ---------- Gurgaon, Haryana 122101.
(Hereinafter jointly called the “Second Party”.)

RECITALS
WHEREAS the First Party is the absolute owner and in possession of the Residential Apartment
bearing No. 000, Bliss Tower admeasuring a Super Area of 2925 sq. ft. along with all its rights, titles
together with all the fixtures, fittings, and installations on as is where is basis, 2(Two) basement
covered Car Parking space, IFMS, EDC and IDC Charges and Taxes in the property commonly known
as AIPL Peaceful Homes, Sector 70 A, Gurugram, Haryana. (Hereinafter collectively referred to as
“Schedule Property”), developed by M/s HAAMID REAL ESTATES PRIVATE LIMITED (Hereinafter
referred to as “Developer”), by virtue of Builder Buyer Agreement Dates ___________.

WHEREAS the First Party has full and unrestricted right and power to enter into the present
Agreement and the Schedule Property is free from all sorts of encumbrances, charges, sale, gifts,
mortgage and transfers, exchange, court injunction etc.

WHEREAS The First Party has not entered into any Agreement to Sell or any deal, commitment or
settlement of any kind whatsoever in relation to the Schedule Property in favor of any other party
till date.

AND WHEREAS the First party has agreed to sell and Second Party has agreed to purchase the
Schedule Property on terms and conditions which are mentioned below

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS: -

1. PROPOSED SALE OF SCHEDULE PROPERTY:

The First Party hereby agrees to grant, convey, sell, transfer and assign all their rights, title and
interests in the Schedule Property to the Second Party, on the terms and conditions as
contained in this Agreement to Sell.

(First Party) (Second Party)

2. SALE CONSIDERATION:
The First Party has agreed to sell the Schedule Property for a Total Sale Consideration of INR
0,00,00,000/- (Indian Rupees Lakhs Only) all its rights, titles together with all the fixtures,
fittings, and installations on as is where is basis, 2(Two) basement covered Car Parking space,
IFMS, EDC and IDC Charges and Taxes in the property. The Second Party has agreed to purchase
the Schedule Property for the above said Total Sale Consideration.

3. EARNEST MONEY:
The Parties have agreed that simultaneous to the execution of this Agreement, the Second
Party shall pay an Earnest Money payment of INR 00,00,000/- (Indian Rupees ---- Lakhs Only)
consideration to be paid in the manner mentioned below –
i. INR 2,00,000/- (Indian Rupees two Lacs Only) vide cheque on 05th February
2023. The First Party acknowledges the receipt of the same.
ii. INR 00,00,000/- (Indian Rupees Lakh Only) to be paid on or before the xx th of
February 2023.
The Second Party hereby covenants, represents and undertakes to not claim or create any
charge or make any representations as to being legally or otherwise competent to sell, transfer
and convey a valid title to the “Schedule Property” to any third party or create a right, title or
interest in favor of a third party before the final transfer of the Property in the name of Second
Party. Any such act or conduct by the Second Party shall result in forthwith termination of this
Agreement and the First Party shall be duly released and discharged from all their obligations
under this Agreement and the initial consideration paid herein shall be forfeited to the First
Party.

4. BALANCE PAYMENT:
The remaining balance of the total sale consideration amount i.e., INR 00,00,000/- (Indian
Rupees Lakhs Only) shall be paid by the Second Party to the first party simultaneously on the
day of Execution of the Sale Deed in favor of Second Party.
I. That the First Party shall deliver the scheduled property to the Second Party on as is
where is basis and discharge all the liabilities, if any, like interest on delayed payments,
holding charges, transfer charges, property tax, maintenance charges, common area
electricity etc. in connection with the above said Scheduled Property due and payable
till the date of execution of the Sale Deed, herein referred as “Closing Date”. THAT time
is of the essence of this Agreement and in the event the Second Party fail to pay the
remaining consideration of. INR 00,00,000/- (Indian Rupees Lakhs Only) (Including
TDS) or any part thereof to the First Party for any reasons whatsoever by the
Completion Date, this Agreement shall stand terminated forthwith and the
i. First Party’s shall be duly released and discharged from all their obligations
under this Agreement and the initial consideration paid herein shall be forfeited
to the First Party’s;
ii. the Second Party shall not be left with any right, title or interest in the said
property and undertake not to stake any claim therein; and
iii. the First Party shall be absolutely free to deal with the said Property or enter
into an agreement with any third party and the Second Party shall have no
objection thereto.

(First Party) (Second Party)

 II. In case the First Party is in breach of his obligations under this Agreement or fails to
execute and get registered the Sale Deed to transfer a good, valid and marketable title
to the Property in favour of the Second Party, despite of the Second Party being ready
and willing to pay the balance sale consideration, then, the Second Party shall have the
right to get the double of paid amount till date or have the right to get the Sale Deed
executed and registered in their favour through Specific Performance of Contract by
Court of Law at the Cost and expenses of the First Party.

5. SALE DEED OF THE PROPERTY:

The Conveyance Deed for the Schedule Property has been executed in the name of the First
Party.
Details of Conveyance Deed is as follows:
It has been agreed between the parties that subject to fulfilment of obligations of both the
parties as afore-stated, the First Party shall get the Sale Deed of the Schedule Property executed
in the name of the Second Party on or before xx th of abc 2023, such a date is termed as “Closing
date”. A Cure Period of 10 working Days shall be available to both the Parties in case any Party
fails to get the Sale Deed Executed by the xxth abc 2023 without any penalty to them.
All the expenses pertaining to the execution of the Sale Deed will be borne by the Second Party.

6. POSSESSION HANDOVER:
The First Party, simultaneous to the execution of the Sale Deed, shall handover the vacant,
peaceful, legal and physical possession of the said Scheduled Property to the Second Party on as
is where is basis condition along with all set of keys of the Scheduled Property and the title
documents including Conveyance Deed, Builder Buyer Agreement, possession letter, and any
other communication with the developer to the Second Party.

7. The Second Party will deduct and deposit 1% TDS from the Sale Consideration and deposit it to
the concerned Govt. Department on or before the closing date. The Second party will hand over
the TDS receipt / Challan to the first party before the execution of Sale Deed.

8. FORCE MAJEURE:
Neither party shall be considered in default or breach of contract in the instance of any delay
pertaining to an Act of God such as fire, explosion, pandemic, lockdown, medical emergencies
due to Covid or acts out of the control of such party. In the event of such acts occurring, the
party invoking the said clause shall notify the other party of such actions as well as a possible
resolution date. However, under any circumstance, the agreement shall be irrevocable and
binding on both the parties.

9. GOVERNING LAW AND JURISDICTION:

This Agreement and all questions of its interpretation shall be construed in accordance with the
laws of the Republic of India. The courts at Gurugram, Haryana shall have the exclusive
jurisdiction in respect of any matter or dispute connected with this Agreement.

(First Party) (Second Party)

10. Both the parties have entered into this Agreement voluntarily, out of free will, and have
executed and signed this Agreement after understanding the consequences and complete
import of all the clauses, terms and conditions of the Agreement without coercion or undue
influence of any kind, whatsoever. It is stated by both the parties that they are competent to
enter into this Agreement.

11. This transaction between the Parties has been facilitated by M/s Ashley Estate and second party
agree to pay an amount of INR 2,50,000/- (Indian Rupees Two Lakhs Fifty Thousand only) to M/s
Ashley Estate for deal facilitation, documentation and brokerage.

12. This Agreement shall form the entire agreement recording the understanding reached between
the Parties hereto in respect of the transaction(s) contemplated herein and the same
supersedes all previous agreement/understanding between the Parties pertaining thereto,
whether oral or written. This agreement is being executed in two counterparts, each of which
shall be deemed an original, but both of which will constitute one and the same instrument.

IN WITNESS WHEREOF the parties have set their respective hands upon these presents on the date
and place above written, in the presence of the following witnesses:

WITNESSES:
1.

2.

(FIRST PARTY)

(SECOND PARTY)

(First Party) (Second Party)