Agreement To Sell - House No. 1484-5 Patel Nagar
Agreement To Sell - House No. 1484-5 Patel Nagar
Agreement To Sell - House No. 1484-5 Patel Nagar
This Agreement to Sell is executed at Gurugram on this 05th day of December 2018
hereinafter referred to as ‘Agreement’
BY AND BETWEEN
SHRI SATBIR SINGH YADAV [PAN No. AWCPS9501J] [Aadhaar No. 3455 3632 2678]
son of Shri Dilip Singh Yadav resident of H.no. 1484/5, Patel Nagar, Gurugram
- 122001, Haryana, hereinafter referred to 'VENDOR' of the FIRST PART.
AND
SHRI GIRISH SHARMA [PAN No. BBDPS6885G] [Aadhaar No. 9014 0731 4563] son of
Shri Shiv Kumar Sharma and SMT. BABITA SHARMA [PAN No. AUEPB8142L]
[Aadhaar No. 3921 1229 4715] wife of Shri Girish Sharma both resident of H.no. 1526/5,
Patel Nagar, Gurugram – 122001, Haryana, hereinafter referred to 'VENDEE ' of the
OTHER PART.
WHEREAS the expressions VENDOR and VENDEE shall mean include their respective,
heirs, successors, administrator, legal representatives, nominees, assigns etc.
WHEREAS the VENDOR is the absolute owner and in possession of Residential Plot
bearing no. 1484/5, admeasuring 151.00 Sq.Yd. approx., having built-up Area of
1275 Sq.Ft. (consisting of Ground Floor, First Floor and ½ Second Floor) situated in the
residential colony known as PATEL NAGAR, Gurugram - 122001, Haryana acquired by
AND WHEREAS the VENDOR has agreed to sell the said Property alongwith furniture
and fixtures therein, for a Total Sale Consideration of Rs. 80,00,000/- (Rupees Eighty
Lacs only) to the VENDEE and the VENDEE has agreed to purchase the same from
the VENDOR on the following terms and conditions of this Agreement.
1) That the VENDOR has agreed to Sell and the VENDEE has agreed to buy the
said Property alongwith furniture and fixtures therein, for a Total Sale
Consideration of Rs. 80,00,000/- (Rupees Eighty Lacs only) excluding any
costs, charges, fees, etc. relating to stamp duty, registration, engrossing and
other incidental charges for the Sale Deed.
2) That simultaneous with the execution of this Agreement, the VENDOR has/have
received a sum of Rs. 10,00,000/- (Rupees Ten Lacs only) in a following
manner :-
a) Rs. 5,00,000/- (Rupees Five Lac Only) vide Cheque No. 000229 dated 05.12.2018
drawn on HDFC Bank Ltd., FIP, MG Road, Gurugram 122002, Haryana
b) Rs. 5,00,000/- (Rupees Five Lac Only) vide Cheque No. 212689 dated 05.12.2018
drawn on Canara Bank, Gurdwara Road Branch, Gurugram 122001, Haryana
from the VENDEE, and this amount is against the Part Payment of Sale
Consideration, as settled, and the VENDOR hereby acknowledges the receipt of
the same.
3) That It has been expressly agreed between the Parties that out of aforesaid
Paid-up amount, a sum of Rs. 8,00,000/- (Rupees Eight Lac Only) shall be
treated as Token/Earnest money (hereinafter referred to as the “Token
Money”), for due performance and observance by the Parties, of their
obligations and covenants set forth in this Agreement. The Token Money paid by
the VENDEE to the VENDOR shall be adjusted against the Sale Consideration.
(a) That VENDOR has full unfettered and unrestricted right to sell the said
Property to the VENDEE by way of this Agreement to Sell, and excepting the
VENDOR nobody else has any right, title, claim or interest of any nature
whatsoever in the said property. It is further declared that the VENDOR
have full & irrefutable rights to sell the said property.
(b) That the VENDOR hereby assures the VENDEE that he has not entered into
any agreement for sale regarding the said property with anybody prior to this
date and that this is the first agreement, which the VENDOR has entered
relating to the said property with the VENDEE. Furthermore, the VENDOR
assures the VENDEE that the said property is free from all kinds of
encumbrances such as prior sale, gift, will, trust, exchange, lease, legal flaw,
claims, prior agreement to sell, security, court injunction, litigation, stay
order, notice charges, family or religious dispute, acquisition, attachment in
the decree of any court, hypothecation, income tax or wealth tax attachment
or any other registered or unregistered encumbrances whatsoever, and if it is
ever proved otherwise, then the VENDOR will be liable and responsible to
make good the loss suffered by the VENDEE and keep the VENDEE saved,
harmless and indemnified against all such losses and damages suffered by
VENDEE .
(c) That in case the VENDOR refuses to get the registration of the sale deed in
respect of the said property in favour of the VENDEE within the above
specified period, for any reasons whatsoever, the VENDEE shall have full
right to get the sale deed registered in his name through the court of law at
the cost of VENDOR. And in case VENDEE fails to get the sale deed
registered by not making full and final payment of the said property to the
VENDOR within the above specified period, then the earnest money paid by
the VENDEE shall be forfeited by the VENDOR .
(d) In case the VENDOR infringe or default on any terms & conditions of this
agreement, then the VENDEE shall have the right to file for specific
performance against the VENDOR in the court of Law, at the cost &
expenses of the VENDOR .
(e) That the VENDOR shall execute Sale Deed on or before 28.02.2019 upon
receipt of Total Sale Consideration and deliver the vacant, peaceful and
physical possession of the said Property to the VENDEE on receipt of full and
final payment of total sale consideration as per terms of this Agreement.
(f) That the VENDOR shall execute Sale Deed on or before 28.02.2019 upon
receipt of Total Sale Consideration and hand over all original papers
pertaining to the said Property to the VENDEE, on receipt of full and final
payments towards Sale consideration as per terms of this Agreement.
(g) That all the applicable charges payable to the Municipal Corporation of
Gurugram (MCG) / Maintenance Agency / DHBVNL, in respect to house
(h) The VENDOR shall obtain the NOC from MCG prior to the execution of Sale
Seed in favour of the VENDEE, at its own cost.
(i) That the VENDOR is/are liable to sign any other document required by
Sub-registrar / MCG / Electricity deptt. or any other concerned authority in
connection with transfer of ownership of the above said residential Plot in the
name of SHRI GIRISH SHARMA and SMT BABITA SHARMA and/or
his/her/their nominee.
(j) That the VENDOR will cooperate with the VENDEE to get the said property
transferred in the name of VENDEE or his/her/their nominee assigned by the
VENDEE, and VENDOR shall have no objection to it.
a) That the timely payment is the essence of this Agreement and the VENDEE shall
remit the payments to the VENDOR in stipulated time on or before 28.02.2019
as stated in this Agreement and if the VENDEE fails to pay the VENDOR , the
balance amount as per clause mentioned hereinabove, then this Agreement to
Sell/ sale transaction shall stand cancelled and the earnest money amount shall
be forfeited by the VENDOR .
b) That all the expenses for the stamp duty, registration, engrossing and other
incidental charges for the Registration of Sale Deed shall be borne and paid by
the VENDEE .
c) That the applicable 1% TDS (Tax) on this transaction shall be paid and submitted
by the VENDEE on behalf of the VENDOR to the Income Tax Department /
Authority and VENDEE shall produce the Challan, Receipt and/or TDS certificate
of the same to the VENDOR prior to execution of Sale Deed.
d) That the TDS amount paid by the VENDEE shall be deducted from the Total Sale
Consideration.
e) That the VENDEE has full right to nominate and/or assign all of its rights in favour
of any person or persons and the VENDOR shall have no objection to it.
That this transaction has taken place at Gurugram and as such Gurugram Courts shall
have exclusive Jurisdiction to entertain any dispute arising out or in any way concerning
this Agreement to Sell
IN WITNESSES WHEREOF, both the parties have signed this Agreement day, month
and year first written above, in presence of the following witnesses :-
WITNESSES:
1. VENDOR
SATBIR SINGH YADAV son of Shri Dilip Singh Yadav
2.
VENDEE
GIRISH SHARMA son of Shri Shiv Kumar Sharma
BABITA SHARMA wife of Shri Girish Sharma