You are on page 1of 8

SALE DEED

THIS SALE DEED is made and entered into at Mumbai on this ___ day of
_______________, 2024
By and Between
MS. ROSITA M. LOBO, Aged about 59 years, PAN NO. AACPL1199F, Adult Indian
Inhabitant residing at 5A, Sunder Apartments, Sion Trombay Road, Opp. Diamond
Garden, Chembur, Mumbai – 400 071, hereinafter called and referred to as the
“TRANSFEROR/VENDOR” (which expression shall unless it be repugnant to the context
or meaning thereof means and include her legal heirs, executors, administrators, legal
representatives and assigns) the PARTY OF THE FIRST PART;
AND
MS. GEETA AMIN, Age about 56 years, PAN NO. AABPA5426B, Adult Indian
Inhabitant residing at Flat no. 104, Neelkanth Tirth, 6th Road, Near Diamond Garden,
Chembur, Mumbai – 400 071, hereinafter referred to as the
"TRANSFEREE/PURCHASER" (which expression shall unless it be repugnant to the
context or meaning thereof means and include her heirs, executors, administrators, legal
representatives and assigns) the PARTY OF THE SECOND PART;

WHEREAS by an under an agreement dated 1 st June, 1970, executed by and


between Mrs. Saroj Pravin Dalal (therein referred to as the ‘Owner’) and (1) Meyrick
D’Silva, (2) Trafford D’Silva, (3) Osbert D’Silva, (4) Mrs. Una Xavier, (5) Miss Brenda
D’Silva and (6) Miss Venancia D’Silva (therein referred to as the ‘PURCHASER’). The
said Meyrick D’Silva and others acquired Shop No. 1 on the Ground Floor of the Building
known as ‘Sunder Apartments’ belonging to Srisunder Co-operative Housing Society
Limited, constructed on Plot No. 569 (III) Opp. Diamond Garden, Vitthal Narayan Purav
Marg (Sion Trombay Road), Chembur, Mumbai – 400 071.

WHEREAS the building was constructed by the Srisunder Co-operative Housing


Society for its members and completed some time in 1970 and Occupation Certificate
obtained on or about March 13, 1970.

WHEREAS the Shop premises owners’ were sold the shop premises by Mrs.
Saroj Pravin Dalal on ownership basis, pursuant to an agreement between the said Society
and said Mrs. Saroj Pravin Dalal, the shop premises purchasers were however not allotted
Share certificates in the said Society.

WHEREAS by an under an agreement dated June 24, 1977 the said Meyrick
D’Silva and others sold, assigned and transferred all their right, title and interest in, to,
over and upon the said shop premises No. 1 to Smt. Daya Ashok Shahani of M/s Shalimar
Super Foods.

WHEREAS by Agreement dated November 5, 2008, Smt. Daya Ashok Shahani


sold, assigned and transferred all their right title and interest in, to over and upon the said
Shop premises No. 1 to the TRANSFEROR/VENDOR herein.

WHEREAS TRANSFEROR/VENDOR herein was desirous of selling the Said


shop premise No. 1 and TRANSFEREE/PURCHASER came to know about the same and
pursuant to the negotiations held between the parties hereto the
TRANSFEREE/PURCHASER has agreed to purchase and acquire the Said Shop and the
Said Shares together with the appurtenant right, title and interest thereto of the
TRANSFEROR/VENDOR for the lump sum consideration of Rs. 95,00,000/- (Rupees
Ninety Five Lakhs Only) which has been paid in full by the
TRANSFEREE/PURCHASER to the TRANSFEROR/VENDOR upon the terms and
conditions mentioned hereinafter.

NOW THIS SALE DEED WITNESSETH AND IT IS HEREBY AGREED AND


DECLARED BY AND BETWEEN THE PARTIES HERETO AS UNDER :-

1. The recitals made hereinabove shall form an integral part of the operative part of
this Sale Deed.

2. In pursuance of this Sale Deed the TRANSFEREE/PURCHASER has purchased


and acquired from the TRANSFEROR/VENDOR, Shop premise bearing No. 1
admeauring 347 sq. ft. RERA carpet area equivalent to 32.24 sq. mtrs. on ground
Floor of building SUNDER APARTMENTS standing on Plot No. 569 (III), CTS
No. 1738 & 1739 of Chembur, Taluka Kurla, Mumbai Suburban District, Opposite
Diamond Garden,Vitthal Narayan Purav Marg (Sion Trombay Road), Chembur,
Mumabi – 400 071 along with _____ fully paid shares, bearing Distinctive Nos.
_____ to ______ (both inclusive) under Share Certificate No. _____ and Member
Registration No. ______ dated _________________ for the lump sum
consideration of Rs. 95,00,000/- (Rupees Ninety Five Lakhs Only) which is paid
by the TRANSFEREE/PURCHASER to the TRANSFEROR/VENDOR receipt of
which is annexed hereto.
3. It has been agreed between the parties hereto that upon the execution of the present
Sale Deed, the TRANSFEROR/VENDOR shall hand over quiet, vacant and
peaceful possession of the Said Shop to the TRANSFEREE/PURCHASER.

4. It has been agreed between the parties hereto that upon the execution of the present
Sale Deed, the TRANSFEROR/VENDOR shall execute necessary Transfer Forms
and sign other requisite letters and give undertakings etc. as may be required for
transfer herein contemplated and also deliver the original Documents and/or title
deed in respect of the said Shop to the TRANSFEREE/PURCHASER without any
claim or demand of whatsoever nature against the TRANSFEREE/PURCHASER
or in that behalf.

5. It has been agreed between the parties hereto that upon the execution of the present
Sale Deed, the TRANSFEROR/VENDOR shall also be deemed to have
relinquished all their rights, title, interest etc. in respect of the Said Shop in favour
of the TRANSFEREE/PURCHASER and the TRANSFEREE/PURCHASER shall
become entitled to legally and lawfully seized and possessed and occupy the Said
Shop along with all rights, title, interest, benefits etc. in the shares of the society,
free from all encumbrances.

6. Forthwith upon the payment of the aforesaid consideration of Rs. 95,00,000/-


(Rupees Ninety Five Lakhs Only) less Tax Deduction at Source under Section
195(2) r/w 197 of the Income Tax Act, 1961, of 1 percent which is to be paid by
the TRANSFEREE/PURCHASER to the Central Government Treasury in the
name and on behalf of the TRANSFEROR/VENDOR and the
TRANSFEREE/PURCHASER hereby undertake to issue the TDS Certificate
within __ days from the date of execution hereof, and also provide photo copy of
the challan to the TRANSFEROR/VENDOR.

7. The TRANSFEROR/VENDOR has represented to the


TRANSFEREE/PURCHASER as is basis for this sale that:-
a. The Said Shop was acquired by TRANSFEROR/VENDOR from and out of
their own funds and no one has any claim, shares, right, title and interest
into the same;
b. The TRANSFEROR/VENDOR is exclusively and legally entitled to the
said Shop and the _____ Fully paid up shares of the society;
c. The TRANSFEROR/VENDOR is in exclusive possession of the said Shop
and no one else is in possession of or entitled to possession of the Said
Shop or any part thereof;
d. The TRANSFEROR/VENDOR is competent and entitled to sell and
transfer the Said Shop to the TRANSFEREE/PURCHASER as provided
herein without having to obtain the Consent or concurrence of any other
person or persons except the Society;
e. The TRANSFEROR/VENDOR’s right and authority to sell and transfer the
said Shop is clear and marketable and free from all encumbrances, claims
and reasonable doubt and there are no pending encumbrances or rights of
whatsoever nature subsisting in favour of any third person or persons in
respect of the Said Shop.
f. The TRANSFEROR/VENDOR has not entered into any Agreement or
arrangement of whatsoever nature; with any other person or persons
including for Sale or let out covenant, mortgage, lien, hypothecation or any
other basis and they are competent and entitled to give quiet, vacant and
peaceful possession of the said Shop to the TRANSFEREE/PURCHASER
on completion of the sale pursuant hereto without having to obtain the
consent or concurrence of any other person or persons.
g. As on date there are no litigations or such other proceedings whatsoever
pending in any Court or Forum or before any authority in respect of or
concerning the said Shop and/or their right, title and interest thereto or
therein.
h. No Income Tax Notice or other Public Authorities have issued any Order
restraining sale of the Said Shop and there is no attachment or other
prohibitory order issued by any Competent Court or Authority preventing
or restraining them from dealing with, disposing off, or selling the Said
Shop or any part thereof, as contemplated hereunder.
i. The TRANSFEROR/VENDOR has not mortgaged the Said Shop as
security for payment of any money or for the purposes of any obligations;
as on date the Said Shop is totally free from all encumbrances.
j. There is no dispute regarding the Said Shop in any manner concerning
holding the Said Shop or the payment of its dues.
k. The TRANSFEROR/VENDOR has paid all the dues of the Builders,
Promoter and/or Society Maintenance and/or Property Tax and/or
Electricity Charges and/or Mahanagar Pipe Gas Charges, etc., for the
period up-to-date and nothing is due and payable and/or is still outstanding
and unpaid for the period to the date of completion of this Sale Deed, and
they shall be deemed to be liable and responsible for the same if any
amount is found outstanding.
l. The TRANSFEROR/VENDOR is aware that the
TRANSFEREE/PURCHASER has agreed to enter into this Sale Deed and
paid monies relying upon the correctness of the statements herein; the
TRANSFEROR/VENDOR repeat and confirm the same and none of the
representations are false or incorrect.
m. The TRANSFEROR/VENDOR covenant with the
TRANSFEREE/PURCHASER that all the amounts standing to the name of
TRANSFEROR/VENDOR, credited on this day in the books of account of
the said Society towards, deposits, bonds, stocks, sinking fund, dividend
and other amounts to which the said TRANSFEROR/VENDOR is
legitimately entitled in respect of them being the members of the said
Society, shall be transferred in the name of TRANSFEREE/PURCHASER.

8. Forthwith upon execution of this Sale Deed, the TRANSFEROR/VENDOR shall


transfer all their right, title, interest and claim of the Said Shop in favour of the
TRANSFEREE/PURCHASER. The TRANSFEROR/VENDOR also hereby assure
unto the TRANSFEREE/PURCHASER that she has full right and absolute
authority to enter into this Sale Deed and has not done, performed or caused to be
performed any acts, deeds, matters or things of whatsoever nature whereby she
may be prevented from entering into this Agreement and/or transferring the Said
Shop, incidental to the said transfer or whereby TRANSFEREE/PURCHASER,
upon completion of sale, would be obstructed or prevented from enjoying the
rights that are transferred hereto in their favour or whereby the quite, vacant and
peaceful possession and enjoyment of the TRANSFEREE/PURCHASER under
these presents shall be obstructed on the basis of this Sale Deed and the
TRANSFEROR/VENDOR hereby indemnify the TRANSFEREE/PURCHASER
and shall always keep them indemnified against any actions, demands, claims etc.

9. The TRANSFEROR/VENDOR shall severally defend and indemnify and further


agree at all times to defend and indemnify the TRANSFEREE/PURCHASER,
including her present as well as the successors and assigns of the PURCHASER,
against all costs, losses, damages, claims, suits, actions, demands, and penalties
arising from any breach of any of the VENDOR’s warranties, representations,
covenants and undertaking forming part of this Agreement.

10. The TRANSFEREE/PURCHASER doth hereby covenant with the


TRANSFEROR/VENDOR that she shall became member of the said Society and
shall abide by the Rules and Regulations and Bye-laws of the said Society and that
the TRANSFEREE/PURCHASER further agree and undertake to pay, perform
and discharge all claims, demands, contributions, duties and obligations which the
said Society may lawfully and reasonably hereinafter take in respect of the Said
Shop from the TRANSFEREE/PURCHASER as member of the said Society.

11. The Transfer Fees/other Charges of the said Society at the time of completion of
the transfer of the Said Shop from the name of the TRANSFEROR/VENDOR to
the name of the TRANSFEREE/PURCHASER shall be borne and paid by
TRANSFEREE/PURCHASER alone; the Stamp Duty and Registration Charges
for this Sale Deed shall also be borne and paid by the
TRANSFEREE/PURCHASER alone.

12. The TRANSFEROR/VENDOR shall sign, affirm, execute all deeds, documents,
writings, affidavits, undertakings, forms, applications, etc. as may be necessary
and reasonably required by the TRANSFEREE/PURCHASER from time to time
for the purpose of transferring the Said Shop, in favour of the
TRANSFEREE/PURCHASER.

13. This Sale Deed shall always be subject to the provisions of the Maharashtra
Ownership Flat Act (Maharashtra Act No. XV of 1977) and the rules made under
the said act to the extent that they are mandatory.

IN WITNESS WHEREOF the Parties hereto have set and subscribed their respective
hands to this writing the day and the year hereinabove mentioned.

SCHEDULE OF THE ABOVE PROPERTY

Shop premise bearing No. 1 admeauring 347 sq. ft. RERA carpet area equivalent to 32.24
sq. mtrs. on ground Floor of building SUNDER APARTMENTS standing on Plot No. 569
(III), CTS No. 1738 & 1739 of Chembur, Taluka Kurla, Mumbai Suburban District,
Opposite Diamond Garden,Vitthal Narayan Purav Marg (Sion Trombay Road), Chembur,
Mumabi – 400 071 along with _____ fully paid shares, bearing Distinctive Nos. _____ to
______ (both inclusive) under Share Certificate No. _____ and Member Registration No.
______ dated _________________

SIGNED SEALED AND DELIVERED )


By the withinnamed “TRANSFEROR/VENDOR” )
MS. ROSITA M. LOBO )
In the presence of .........…………………… )
SIGNED SEALED AND DELIVERED )
By the withinnamed “TRANSFEREE/PURCHASER” )
MS. GEETA AMIN )
In the presence of ..........……………………

RECEIPT
RECEIVED OF AND FROM the Withinnamed

TRANSFEREE/PURCHASER, Ms. Geeta Amin the sums aggregating to Rs.

95,00,000/- (Rupees Ninety Five Lakhs Only) as per details set out hereunder

towards full and final payment in respect of Shop premise bearing No. 1
admeauring 347 sq. ft. RERA carpet area equivalent to 32.24 sq. mtrs. on ground

Floor of building SUNDER APARTMENTS standing on Plot No. 569 (III), CTS

No. 1738 & 1739 of Chembur, Taluka Kurla, Mumbai Suburban District, Opposite

Diamond Garden,Vitthal Narayan Purav Marg (Sion Trombay Road), Chembur,

Mumabi – 400 071 along with _____ fully paid shares, bearing Distinctive Nos.

_____ to ______ (both inclusive) under Share Certificate No. _____ and Member

Registration No. ______ dated _________________ as mentioned hereinabove.

The particulars of payments are as under :

I SAY RECEIVED
(Rs. 95,00,000/-)

ROSITA M. LOBO

TRANSFEROR/VENDOR
WITNESSES:
1.
2.

You might also like