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BETWEEN,
AND
3) WHEREAS, the vendor sale the said Flat to the purchaser, which is
fully and properly described in the Schedule written hereunder and
is herein called and referred to as THE SAID Flat, for valuable
consideration AND, after negotiation between the parties hereto,
the Vendor has agreed to sell to the Purchaser and the Purchaser
has agreed to purchase from the Vendor the said flat more
particularly described in Schedule hereto for a consideration
amount of Rs. 50,00,000/- (Rupees Fifty lakhs Only) on the
terms and conditions agreed upon between the
parties. The vendor have handed over their possession to
purchaser, hence the parties decided to finalized the deal.
Therefore this deed is being prepared and executed today.
5) WHEREAS, the value of the said Flat and consideration of total sum
of Rs. 50,00,000/- (Rupees Fifty lakhs Only) which will paid by
the Purchaser to the vendor, from time to time and purchaser has
paid the time of execution of this deed. The vendor have handed
over their possession to purchaser, hence the parties decided to
finalized the deal. Therefore this deed is being prepared and
executed today.
8) The said Flat shall be quietly entered into and upon and held and
enjoyed and the benefits and profits received there from by the
purchaser without any interruptions or disturbance by the vendor
or any person claiming through or under them and without any
lawful disturbance or interruption by any person whomsoever.
The vendor shall at the cost of the person requiring the same
execute and do every such assurance or thing necessary for further
more perfectly assuring the said Flat to the purchaser his heirs etc.
as may be reasonably required.
10) The vendor has not raised or obtained any financial loan or
loan from any Government Semi Government institution or
otherwise from any bank or any private individual or hypothecate
said flat.
11) The vendor shall co-operate with the purchaser in getting the
said flat transferred in the name of the purchaser in all the records
of rights by executing applications, documents, papers etc. and by
giving statements wherever required for the said purpose, at the
total expenses of the purchaser.
12) The purchaser has become the sole, absolute owner and
exclusive occupant of the said Flat, on execution hereof. Hereafter
the purchaser shall be entitled to use, occupy enjoy and possess the
said Flat as its sole, absolute and exclusive occupant of the said Flat.
The said Flat is not encumbered and no other person, except the
vendor, has any right, title, interest, claim or concern over the said
Flat. The vendor shall have no right, title, interest, claim, concern,
demand etc. over the said Flat after execution hereof.
13) The vendor shall be liable to pay all the taxes, assessment etc.
in respect of the said Flat for the period till execution hereof, to all
the concerned authorities, and for the period subsequent to that,
such outgoings shall be liable to be paid by the purchaser.
14) The purchaser shall be entitled to take benefits of the
amenities provided in the said Flat. The vendor declares that he has
not received any notice of acquisition or requisition or reservation
of the land beneath the said society form Government of
Maharashtra or collector of Thane or concerned Navi Mumbai City
Municipal Corporation Dist Thane and or any other concern
authorities and the said Flat is not subject to any disputes before
any court of Law or Arbitrator or Tribunal.
20) The Seller will deliver to the Purchaser the vacant, physical an
peaceful possession of the said Property on completion of the
agreement for sale i.e. on receipt of the “Sale Value/ Total
Consideration” in the Designate Bank A/c as the full and final
consideration mentioned hereinabove.
21) The parties agree that there shall be no requirement for the parties
to formally execute and register the cancellation deed and merely
issuance of termination letter as aforesaid shall treat this
agreement as nullity
22) The Seller will inform the society under the bye law No. 40(a) the
intention of transfer of Flat and shares and the Purchaser shall on execution
of this agreement shall be entitled to apply for the membership of the said
society and transfer of the said Flat and the shares in the said society’s
records to their name. , thereafter will acquit, relaese and discharge seller
from all its obligation.
23) It is mutually agreed by and between the parties that the charges of
stamps duty, registration fees and the charges of this agreement,
application, deeds, legal charges etc shall be borne and paid by the
purchaser alone.
24) It is agreed and declared by the parties hereto that the recitals narrated
herein above contain the factual position relating to the said Property. The
statements, declarations and representations made therein are true and
correct. The parties repeat, reiterate and confirm the contents of the
recitals, and the terms and phrases defined in the recitals as if the same
were incorporated in the operative part of this Agreement for Sale as if the
same are reproduced verbatim.
25) The Seller hereby agrees to transfer all their share, right, title and
interest in the said Property in favour of the Purchaser, subject to receipt of
the tota consideration. In witness whereof, the parties hereto have set and
subscribed their hands at Thane on the day and year first written
hereinabove.
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26) Before the execution hereof the Seller has declared and made
the following representations/ affirmations and covenants to the
Purchaser which they believe to be true and correct and the said
representations and the recitals hereinbefore made shall be an
integral part
28) The Seller doth hereby declare that, except the Outstanding
Loan, the said Property is free from all encumbrances, claims and
demands whatsoever and the said Property is clear and marketable
and that they are fully entitled to deal with or dispose of the same.
29) The Seller is the sole and absolute owner and beneficiary of the
said Property duly standing in the name of the Seller and is
absolutely entitled to the same and to all incidental rights thereto
and to the exclusive right to the use, enjoy and occupy -the said
Property and except the Seller no other person or persons have any
right, title, interest, claim or demand of any nature whatsoever
upon the said Property.
30) The Seller hereby agrees to transfer all their right and interest
in the said Property to the Purchaser and the Purchaser shall be
entitled to hold, possess, occupy and enjoy the said Property
without any interruption from the Seller or anyone else claiming
through them.
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A) The property is free from all encumbrances, charges, mortgages,
prior assignments of sale or lease hold or court attachments and it
is not subject to any other litigation.
D) The Vendor does hereby further agree with the Vendee at all
times hereafter at the cost of the Vendee to do and execute all such
lawful acts, deeds and things for further and more perfectly
assuring the said property to the Vendee according to the true
intent and meaning of this deed.
F) That all expenses of this sale deed such as stamp duty, execution
and registration fee, etc. has been paid by the Purchaser.
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H) That the Vendor hereby agrees and assures the purchaser to
help and assist him in getting the property transferred/mutated in
the relevant records of Revenue department and any other
concerned department and/or the Purchaser shall have full right to
get the property transferred/mutated in his/her own name from
the concerned department on the basis of this Sale Deed even in the
absence of the Vendor.
I) That the Vendor has assured the Purchaser that the said property
under sale is free from all sorts of encumbrances such as sale,
mortgage, gift, transfer, decree, litigation, lease, acquisition/
notification etc. and there is no defect in the title of the Vendor. If it
is prove otherwise at any time and the Purchaser suffers any loss,
then the Vendor shall be fully liable and responsible for the same
and the Purchaser shall be entitled to recover all his/her losses
from the Vendor.
J) That the Purchaser shall have full right to apply and get the water,
electric and sewerage connection regarding the said property from
the concerned authorities and also to get the existing name
changed in his/her own name from the department concerned
without any written consent of the Vendor.
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32) The Purchaser shall on completion of the transfer peaceably
and quietly be entitled to hold and own the said Property and all
incidental thereto including the right to enter upon and remain in
sole occupation and enjoyment of the said Property and/or any
part thereof in the Purchaser’s own right without any interference
disturbance, interruption, claim or demand whatsoever and/or any
person or persons lawfully and equitably claiming by from, though,
under or in trust for the Seller.
35) The said property shall be quietly entered into and upon by the
Vendee who shall hold and enjoy the same as absolute owner
without any interruption from the Vendor or any persons claiming
through the Vendor
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REGULATION OF THE PROMATION OF CONSTRUCTIONS, SALE,
MANAGEMENT AND TRANSFER.) ACT, 1963, AND ITS AMENDENT
THEREAFTER FROM TIME TO TIME. The purchaser
hereby agree that on becoming the member of the said Building
they shall abide by all bye laws, rules and regulation adopted by the
Building.
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SIGNED, SEALED & DELIVERED by
The within named “THE VENDOR ”
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MR. SANTOSH RAMAKBAL TIWARI
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MR. JASBIR ALINDRA SINGH
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