FORMAT OF SALE DEED

June 21, 2018 | Author: EricKankar | Category: Consideration, Deed, Taxes, Property, Writ


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1// SHREE GANESH PRASSANA // SALE DEED THIS SALE DEED is made and executed at PimpriChinchwad on 12th__ day of June October 20154. ____ Pimpri. Dhanraj Complex. . Lane 5. administrators executors and assigns etc.2 MRS. Bougen Villa. Anand Park. PART OF THE FIRST PART AND ________________________________ MR. Pune – 411017 MR. Occ : Business R/at:. include legal himself.. his heirs.Flat No. Occ:– Housewife R/at:. (Which expression shall unless repugnant to the context shall mean and survivors. ANUP PARMANAND JHAMTANI Age : 30 years. Aundh. SARLA DEEPAK DHARMANI Age – 45 years. his successors.101. representative.PWD. Hereinafter referred to as “PURCHASER”. 6/7. VIJAY GOPICHAND RAMCHANDANI Age : 45 years. administrators. 2B. Occ : Business R/at:. Pimpri.) ………. Pune – 411007. ANUP PARMANAND JHAMTANI Age : 30 years.. Pune – 411007.… PARTY OF THE SECOND PART AND MR. Lane 5.) …. ( Hereinafter referred as “Said Property” details of . 131. include legal himself. survivors. Bougan Villa. representative. his heirs. his heirs. administrators. having sheet no.. administrators. area admeasuring 512 Sq. Occ : Business R/at:.… PARTY OF THE THIRD PART All the piece and parcel of property bearing City Survey no. administrators executors and assigns etc. ) ….3 Pune – 411017. 4191. his successors. Hereinafter referred to as “CONSENTING PARTY” (Which expression shall unless it be repugnant to the context shall mean and include himself.Mtrs. legal representative. his successors. Aundh.101. Hereinafter referred to as “VENDOR” (Which expression shall unless repugnant to the context shall mean and survivors. executors and assigns etc. Anand Park. 4 9.10 5 & 116 on the first floor out of which office no 1 and 2 admeasuring area 169. in the building named and style as _______________________ situated at land all that piece and parcel of property bearing City Survey No. having sheet No.9 4 & 105 on floor.mtrs and one residential unit admeasuring area …………. sq. .3.2. e 19.mtr andwith parking place below the said shops and office admeasuring an area about _______ sq.ft each i.ft ( Hereinafter referred as Said Units) details of which are mentioned in the Schedule Of Tenement written hereunder). Offices bearing no.. District – Pune and within the limits of Pimpri Chinchwad Municipal Corporation and within the Jurisdiction of Sub-Registrar Haveli.2 sq.85 sq.8. 1.85181. Taluka – Haveli.mtrsft each i. at village Pimpri Waghere (Pimpri Camp).3.ft.2.ft that is ………… sq.ft and remaining offices admeasuring an area about 215 sq. 1.97 sq. 4191. admeasuring an area about 16.376.37 sq. 131 . Mtrs. e 181.. area admeasuring 512 Sq.4 which are mentioned in Schedule of Property) on which constructions as per sanctioned plan of PCMC construction is carried out .eachmtrs . the vendor after due negotiations and discussion with Purchaser and in consideration of the ratio of units being purchased in the building by the Purchaser in the present building does grant out of which exclusive rights of toilet usage and does hereby sells out shops bearing numbers ground :-no. .Block No. Thereafter the Government of Maharashtra redirected the proposal for the remarks of the District Collector through Divisional Commissioner. The collector of Pune submitted their report to Revenue and forest Department. That the said property described in scheduled abovebelow was owned by Government of Maharashtra. 7. Main Bazaar On or towards West : By PCMC colony road On or towards North : By PCMC colony road On or towards South : By road for B.5 Which properties are bounded as follows : On or towards East : By B-Block. Thereafter an enquiry was conducted by Tahsildar and they had submitted their report to the Government of Maharashtra. Varanda No. Division Pune. The Government of Maharashtra had issued a Government resolution on 27/04/1973 on behalf of which Government lands can be disposed off. The party of the Second Part being a refugee had made application to the Collector of Pune for grant of said scheduled property on 25/07/2000. (hereinafter referred as “Said property” for the sake of convience and brevity ) 2. e. Submitted their report on the valuation of the said property based on market value dated 23/03/2004 of Rs. Thereafter the collector. Thus the party of the second part became owner/holder of the said scheduled property as per the terms and conditions granted by the Government of Maharashtra.K. 18. 3. Thereafter on the request of Collector.to the collector Pune.700/. Refugee/PPt/WS/57/2003 dated 18/11/2004 in favour of the Party of the second part had handed over the possession of the said scheduled property to the party of the second part by executing necessary possession receipt.6 Maharashtra State. . the deputy Director Town Planning. Revenue and Forest Department accorded sanction vide their memorandum no. Thus by following all legal formalities and taking into consideration all legal provisions and various laws the said scheduled property was granted to the party of the second part. 2003/P. meter and asked the party of the second part to deposit Rs. Mumbai through Divisional Commissioner.72/R-7 dated 25/02/2004 in which the request of the party of the second part was considered. Pune along with the enquiry report. 3. Pune.per sq. 4. Pune.. Pune issued a land grant order no.94. Accordingly the Party of the second part had deposited the said amount in state Bank of India Pune by challan and presented the same to the collector. Thereafter the Government of Maharashtra i.400/. Accordingly on 16/05/2005 to party of the second part and executing possession receipt. Pune dated 18/11/2004. In the said matter. Delhi. 7. allotting the scheduled land to the party of the second part by its order dated 15/01/2007. Thereafter above person preferred an appeal U/s 247 of Maharashtra Land Revenue Code. 81/2007 before the Hon’ble Revenue Minister. 25991/2005 before the Hon’ble Supreme Court. Thereafter the Vendor preferred RTS appeal no. Mumbai by its order dated 02/07/2008 set aside the order dated 15/01/2007 passed by the Additional Commissioner. Pune. 1996. Thereafter he filedhe filed special leave petition bearing no. State of Maharashtra. Pune bearing RTS/Appeal/Pune/6/2006 on 31/01/2006. the Additional Commissioner. But the said Writ petition was dismissed on merit by Hon’ble High Court. State of Maharashtra.7 5. Butbut the said Special Leave Petition was also dismissed on 04/01/2006. After hearing the parties the Hon’ble Revenue Minister. Mumbai bearing writ petition no. 3085/2005. Mumbai on 13/10/2005. Pune allowed the said appeal and set aside order dated 18/11/2004 of the Collector. Pune and restored the order of the Collector. 6. . Mumbai. That thereafter one Mr Dhanraj Aswani being aggrieved with the same had filed writ petition before the Hon’ble High Court. before the Divisional Commissioner. That in the meantime. . 5731/2009 has been filed. Mumbai on 02/07/2008. Mumbai to re hear the matter. Party of the second part had obtained NA order from the office of Collector. Mumbai by its order dated 16/06/2009 confirmed the earlier order passed by the Hon’ble High Court. Pune by its no. Party of the Second Part had got building plan sanctioned from the office of PCMC by its commencement certificate no. Thereafter the said commencement order was extended from time to time. Similarly on/18/11/2004. passed The said by Writ the Revenue petition was Minister on decided on 05/09/2009 and the Hon’ble High Court.8 8. 9. BP/Pimpri/40/2005 dated 30/05/2005. Accordingly case no. 6358/2008 was filed Mr. State of Maharashtra. 30/2008 proceeded and Hon’ble High Court. The said writ petition is pending before the Hon’ble High Court. Thereafter again writ petition before the Hon’ble High Court. 57/2003 dated 18/11/2004. Thereafter writ petition no. Dhanraj Aswani before the Hon’ble High Court. state of Maharashtra. Mumbai for adjudication. Mumbai had directed by Revenue Minister. Mumbai had directed by Revenue Minister. State of Maharashtra. And Hon’ble High Court has granted interim relief of not creating third party interest in respect of the said property. Mumbai had directed by Revenue Minister. bearing no. Mumbai against order 02/07/2008. AND WHEREAS DUE due to to above litigations the Vendor has not yet executed registered final Sale deed in favor of the Purchaser. ..(Rs. Hence this Deed. FifteenTwo lakh only) by way of Chequeash on 15/7/2008 which has been paid by the Purchaser to the Vendor on the various occasions. That the Purchaser party of the third part has carried out construction on the said scheduled property with its own funds hence in leiu of the payment due to purchaser for the construction carried out by him at his cost. WHEREAS in the year _____ the Vendor has agreed to sell the said units in building constructed on said unitsproperty to the Purchaser and has accepted the part consideration of Rs. And the Vendor has received the same.000/.00. And now the aforesaid Dispute is believed to be resolved Thus the Purchaser has made all the balance Consideration according to the details of payment Schedule .9 10. That Vendor Party of the second part through party of the third part had approached Purchaser to construct building on said property thus Vendor started construction through purchaser on the said scheduled property and which was completed as per sanctioned building plan and as on today there are shops/ offices in the said building consisting of Ground + Two Floors. The Vendor is selling the said units to the Purchaser. 152. use possession. title. a. dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the sale of the said property to the Government of Pimpri Chinchwad Municipal Corporation.10 NOW THIS SALE DEED WITNESSETH AS AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:1. the said piece of properties and the premises hereby conveyed or intended so to be unto and to the use of the purchaser in the manner aforesaid. The Vendor has in himself good right. full power and absolute authority to convey and transfer by way of sale. claim anand demand whatsoever at law or otherwise of the Vendors to convey and every part thereof TO HAVE AND TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever. rights. AND the Vendors do hereby agree with the Purchaser that. And all the estate. City Survey Office. rates. taxes. easements. interest. advantages. 2. profits. Talathi Office or any other public body of local authority in respect thereof. rights and appurtenances whatsoever to the said units property or any part thereof belonging or anyway appertaining thereto. The Vendor do hereby convey and transfer by way of sale unnto to the purchaser all that piece and parcel of the said units property and which is further more particularly described in the schedule hereunder written TOGETHER with all the things permanently attached thereto or standing thereon and all the privileges. . subject to the payment of all rents. assessments. benefit. from and against all former and other estates. or possess and enjoy the said land and premises hereby conveyed with his appurtenances as Owner thereof. & is not the subject matter of Family/ Society/ Civil/ Criminal or any court Dispute. made executed. Vendor hereby assures unto & to the purchaser that the said units properties are free from all kinds of encumbrances. title or interest in the said units properties or any part thereof. under or in trust for them. encumbrances whatsoever had. occupy. notice in that behalf had been received by the Vendor. The said units properties are not subject matter of acquisition. issues and profits thereof and every part thereof for his own use and benefit without any suit. Gift. . nor the said units properties isare sold or agreed to sale. Mortgage. c. occasioned and suffered by the Vendors or by any other person or persons claiming or to claim by from. exonerated and forever released and discharged or otherwise held by the Vendor and well and sufficiently saved. by way of sale. claim and demand whatsoever from the Vendor or his heirs or any of them or by any person or persons claiming or to claim from under or in trust for them. charges. The Vendor has handed over the possession of the referred said units property described in schedule hereunder written to the purchaser today which possession is accepted by the purchaser and is confirmed by Vendors and the purchaser shall from time to time and at all times hereafter peacefully and quietly enter upon. liabilities. defended kept harmless and indemnified or. Maintenance. The purchaser shall hold the said units property free and clear and absolutely acquired. That no other person other than the Vendors have any right. titles. No. lawful eviction or interruption.11 b. Attachment etc. requisition and/or reservation. and shall hereafter receive the rents. Lease. Donation. Exchange. d. things conveyance and assurance in law whatsoever for the better and more perfectly granting the rights of the said properties unto and to the use of the purchaser or has nominees shall reasonably require.12 e. i. The purchaser from today is liable to pay all the above future taxes. Vendor shalll co-operate & sign necessary documents in respect of the said units property . j.000/. That the Vendor further assures unto and to the purchaser that they have paid till today. 152. property taxes. in respect of the said units property and shall make herself present as and when required by the concerned Authorities so as to enable the purchaser to get her name recorded in the concerned record. That party of the first part had already paid Rs. f. The Vendor has handed over all the necessary documents of the said units property to the purchaser. That in lieu of consideration the party of the First Part i.to the party of the Second part towards part consideration which is to be adjusted as mentioned above from the total consideration being payable towards the purchase of the said units property. h. revenue taxes and duties if any amount in that behalf is found left unpaid the Vendor hereby assures to pay the same without causing any inconvenience to the purchaser. g. The Vendor agrees that he shall at all times hereafter at the cost of the purchaser shall execute all the necessary documents and cause to be done all such further acts. deeds. The Vendor shall hereby covenants with the purchaser that they shall co-operate with the purchaser in getting her name recorded in the Pimpri Chinchwad Municipal Corporation. e Purchaser has and shall pay following .00. 00.Paid by the way of incurring cost for construction of the entire building ________________ Total Rs. This particular consideration is decided as per existing construction carried out as per sanctioned plan of PCMC as on Today. Hence he has given consent to the present Sale deed and has signed this as consenting party.13 consideration to the party of the second part i. 5.66.000/. 15/7/2008_______ dated Drawn On Seva vikas Bank Rs – 1.00024.000/.( Twenty Six Lakhs Sixty six thousand One crore sixty five lakh Only) 3.0066. All the Parties shall co-operate with each other to implement..e Purchaser.000/.00. 1.00.. That entire cost for the construction of the said building is incurred by the Purchaser himself hence the in lieu of payment of construction cost the vendor do hereby set off the balance consideration payable towards purchase of said units. 4.Paid by cheque no 308591 bearing No. Rs. execute and finalize the sale proceeds without causing any inconvenience to each other .50.Paid by cashheque no 305399 on _______15/7/2008 date Drawn on Seva vikas Bank Rs.102.5. That party of the Third part haspart has made all the expenses on behalf of party of the second part andpart and consideration to party of the third part and is to be settled with him.000/.265.. SCHEDULE OF THE PROPERTY All the piece and parcel of property bearing City Survey No.Block.66. typing & all other incidental charges are borne by the Purchaser. having sheet No. 7. out of which shops bearing no. The consideration for the subject properties as envisaged in this Deed is of Rs26. 5 & 6 total admeasuring area about 430 sq.ft each i.ft & total admeasuring area 362. 131 . DistrictPune and within the limits of Pimpri Chinchwad municipal Corporation and within the jurisdiction of Sub.37 sq./-.Registrar Haveli. 9. . 4191.000. e total 39.ft each i.74 sq. Accordingly Stamp Duty and Registration Charges are paid on the Consideration Value. registration charges. from that Offices bearing no. on which construction as per sanctioned plan of PCMC is carried out area total ground floor admeasuring area about 3184. Which properties are Bounded as follows: On or towards the East : By B.14 6. Mtrs.ft . All the expenses towards stamp-duty. area admeasuring 512 Sq..Haveli. advocate fee.5 sq. Taluka.94 sq. e 215 sq. Main Bazaar On or towards the West : By PCMC colony road. Varanda No. 4 and 5 each admeasuring area 181.ft sq.ft on ground floor. then first floor total admeasuring area about 3611sq.mtrs and parking place below the said shops admeasuring an area about _______ on which the in the building is constructed as __ACE SHOPPIN STREET_____________________named and style as _______________________ which is situated at village Pimpri Waghere (Pimpri Camp).ft . 9 floor Ground sq.ft 181.4 sq.22 3.ft 338. Particulars Location Area Total Area no per purchased 1. 4. and 10 Office no 1. The location . and 11 Residential flat Second Parking space floor Basement 6 sq.ft 1075 sq.ft 169.8.15 On or towards the North : By PCMC colony road.ft 215 sq.37 181. 6. Shops no 1.37 2.ft 4. purchaser & Consenting party have set and subscribed their . 2. 9.2 sq. Toilet Ground unit 181. in building named …………………. floor First floor sq. which are as follows:- Sr. 10 First floor 5. SCHEDULE OF TENAMENT All that is Shops.no and area details of units. Office no 3.3.ft below shops purchased IN WITNESS WHEREOF the Vendor.37 1088.ft sq. offices and residential units constructed on aforesaid property. Sr.2. On or towards the South : By road for residents of B-Block no. which are subject matter of this Sale deed are in the table hereunder . ANUP PARMANAND JHAMTANI MRS.SARLA DEEPAK DHARMANI PURCHASER MR.16 respective hands on this day. _____________________________VIJAY GOPICHAND RAMCHANDANI VENDOR MR. ANUP PARMANAND JHAMTANI CONSENTING PARTY WITNESS:- 1. MR. month and year first above written. SIGN :- NAME :- . SIGN :- NAME :- ADDRESS :- .17 ADDRESS :- 2.
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