2023-Sale - Ajinkya-A & O Excellente - Sheeba-1903

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AGREEMENT FOR SALE

ARTICLES OF AGREEMENT made at Mumbai, this __ day of


_________________ 2023 BETWEEN (1) MR. AJINKYA N.
VENGURLEKAR, age 33 years, (2) MRS. POOJA C. WARANG (after
marriage MRS. POOJA AJINKYA VENGURLEKAR), age 33 years, both
Indian Inhabitant, residing at Flat no. 302, Matangi Apartment, N. L.
Cross Road, Somwar Bazar, Malad (West), Mumbai- 400064,
hereinafter called "THE TRANSFERORS" (which expression shall
unless repugnant to the context or meaning thereof mean and
include their heirs, executors, administrators, and assigns) of the
ONE PART
AND
MS. SHEEBA DHARMARAJ age 32 years, Indian Inhabitant, residing at
Shakti Chawl, Indira Nagar No.3, Opp. Munshi Apt., Nahur Road,
Mulund (West), Mumbai-400080, hereinafter called "THE
TRANSFEREE" (which expression shall unless it be repugnant to the
context or meaning thereof means and include her heirs, executors,
administrators, and assigns) of the OTHER PART:

WHEREAS by Agreement for Sale dated 22nd February 2018


registered in the office of Sub-Registrar of Assurances at Kurla under
Serial No. KRL-5/2707/2018, for the consideration and on the terms
and conditions contained therein, (1) MR. AJINKYA N.
VENGURLEKAR, and (2) MRS. POOJA C. WARANG (after marriage
MRS. POOJA AJINKYA VENGURLEKAR) have purchased from the
Developer M/S. RIDDHI SIDDHI CORPORATION, a Residential
Premises, bearing Flat No. 1903, admeasuring 314.85 Square Feet

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Carpet Area equivalent to 29.25 Square Meters carpet area
(excluding the area of balconies) (As per the definition of the term
Carpet Area under Section 2 (k) of RERA) or thereabouts, located on
the 19th Floor, Wing-F, of the building known as “A&O Excellente”,
situated at Bhimwadi, Rajendra Prasad Road, Mulund (West),
Mumbai- 400080, and more particularly described in the schedule
hereunder written (hereinafter for the sake of brevity referred to as
"the Said Flat").

AND WHEREAS incidental to the holding of the said Flat, the


TRANSFERORS are entitled to membership rights of the Co-operative
Society, to be formed and registered under the Maharashtra Co-
operative Societies Act, 1960 (hereinafter for the sake of brevity
referred to as "the said proposed Society").

AND WHEREAS under the circumstances stated herein above,


as of today the TRANSFERORS are the absolute owners of the said
Flat free from all encumbrances.

AND WHEREAS on coming to know the intention of the


TRANSFERORS regarding the sale and transfer of the said Flat, the
TRANSFEREE approached the TRANSFERORS and negotiated for the
sale and transfer of the said Flat, free from encumbrances in her
favor, and the TRANSFERORS made following representations to the
TRANSFEREE in respect of the said Flat, i.e.

a. There are no suits, litigation, civil or criminal, or any other


proceedings pending against them in respect of the said Flat.
b. The building of the said Flat is constructed as per the
sanctioned plan of Brihanmumbai Municipal Corporation.

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c. There are no attachments or prohibitory orders against the
said Flat and the said Flat is not subject matter of any lis-
pendens or attachments either before or after judgments.
d. The TRANSFERORS have not received any notice either from
Income Tax authorities or any other statutory body or
authorities regarding the acquisition or requisition of the said
Flat.
e. There are no encumbrances created against the said Flat, and
the title of the TRANSFERORS to the said Flat is clear,
marketable, and free from all other encumbrances.
f. Except TRANSFERORS, no other person or authority has got
right, title, or interest of whatsoever nature against the said
Flat.
g. The TRANSFERORS have not been adjudicated insolvent nor
they have committed any act of insolvency nor is there any
order of any Court or Authority restraining them or creating
any inability from entering into this agreement.
h. The said Flat is not subject matter of any family dispute and
the TRANSFERORS are legally entitled to sell the said Flat.

Relying upon the aforesaid representations made by the


TRANSFERORS, the TRANSFEREE agreed to purchase the said Flat on
an ownership basis, free from all encumbrances, for the
consideration of Rs. 64,80,000/- (Rupees Sixty-Four Lakhs Eighty
Thousand only), and on the terms and conditions appearing
hereinafter.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED


BY AND BETWEEN THE PARTIES HERETO as follows-

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1. The recitals contained herein shall form an integral part of this
Agreement as if the same are set out and incorporated herein.

2. The TRANSFERORS further agree to sell, convey, and transfer


to the TRANSFEREE their right, title, and interest in respect of the
Residential Premises bearing Flat No. 1903, admeasuring 314.85
Square Feet Carpet Area equivalent to 29.25 Square Meters carpet
area (excluding the area of balconies) (As per the definition of the
term Carpet Area under Section 2 (k) of RERA) or thereabouts,
located on the 19th Floor, Wing-F, of the building known as “A&O
Excellente”, situated at Bhimwadi, Rajendra Prasad Road, Mulund
(West), Mumbai- 400080 and more particularly described in the
Schedule hereunder written together with all profits, advantages,
rights, and appurtenances whatsoever attached with the said Flat for
the total consideration of Rs. 64,80,000/- (Rupees Sixty-Four Lakhs
Eighty Thousand only), inclusive of TDS amount. The said amount of
the consideration shall be paid by the TRANSFEREE to the
TRANSFERORS in the following manner that is to say,

(a) Rs. 16,15,200/- (Rupees Sixteen Lakhs Fifteen Thousand Two


Hundred only) by way of earnest money/part consideration paid on
or before execution hereof (the payment and receipt whereof the
TRANSFERORS DO hereby admit and acknowledge).

(b) Rs. 64,800 /- (Rupees Sixty-Four Thousand Eight Hundred only)


being the amount to be deducted by the TRANSFEREE towards TDS
as applicable by law @ 1% of the total consideration amount. The
TRANSFEREE shall deposit the same in the appropriate Bank and
produce TDS certificate to the TRANSFERORS. The said TDS amount
shall form part of the consideration amount of the said Flat.

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AND

(c) Rs. 48,00,000/- (Rupees Forty-Eight Lakhs only) being the balance
consideration to be paid by way of raising a loan from a Bank or any
financial institution or from own sources of funds on or before
________ from the date of Registration of this Agreement, at the
time of taking over possession of the said Flat.

(The time is the essence of this Contract)

Nothing contained in these presents shall be considered as a


transfer, assignment, demise, sale, or conveyance of the right, title,
and interest in the said Flat in favor of the TRANSFEREE till full
consideration amount is paid to the TRANSFERORS as agreed herein.

3. The TRANSFERORS declare that they are the absolute Owners


of the said Flat as well as entitled to membership rights of the said
proposed Society and holding the said Flat quietly without any claim
or obstruction from any other persons. The TRANSFERORS further
declare that they have good right, full power, and absolute authority
to convey, transfer, and assure the said Flat hereby agreed to be
transferred, conveyed, and assigned to the TRANSFEREE as aforesaid
and they have not done, committed, or omitted any act, deed, matter
or thing whereby the ownership, possession or occupation and
enjoyment of the said Flat may be rendered void or voidable.

4. If any person/s claims any right, title, or interest in the said Flat
through the TRANSFERORS and thereby the TRANSFEREE is put to
any losses or expenses, then in such event the TRANSFERORS agree
and undertake to indemnify and keep indemnified the TRANSFEREE
against all claims, actions, demands, and proceedings arising in

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respect of the said Flat. The TRANSFERORS shall produce the clear
and marketable title, free from all encumbrances in respect of the
said Flat.

5. The TRANSFERORS undertake to give full cooperation and


produce the relevant title documents in their custody, as and when
required for disbursement of loan to the TRANSFEREE.

6. The TRANSFERORS declares that the said flat is free from all
encumbrances and in any manner not charged for payment of any
money to any person or financial institution. The TRANSFERORS
further declare that they have not entered into any agreement for
transfer, sale or leave and license or let out in respect of the said Flat
with any other person or persons.

7. At present the said Flat is in lawful possession of the


TRANSFERORS. Without reserving any right, the TRANSFERORS shall
hand over peaceful physical possession of the said Flat to the
TRANSFEREE, immediately upon receiving the full consideration as
agreed. Thereafter, it shall be lawful for the TRANSFEREE from time
to time and at all times hereinafter peacefully and quietly to hold,
enter upon, occupy possess, enjoy the said Flat hereby granted with
its appurtenances and receive the rents, issues, and profits thereof to
and for her own use and benefit without any suit, lawful, eviction,
interruption, claim, and demand whatsoever from or by the
TRANSFERORS or any person or persons lawfully or equitably
claiming or to claim by, from under or in trust from the
TRANSFERORS.

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8. All the taxes, electricity charges, maintenance charges, and
other outgoings in respect of the said Flat shall be paid by the
TRANSFEREE from the date of taking over possession, and till then,
the TRANSFERORS shall pay to the respective authorities all the
taxes, electricity charges, maintenance charges and other outgoings
demanded by the authorities from time to time for a period, prior to
handing over possession of the said Flat to the TRANSFEREE.

9. The TRANSFEREE confirms that before execution of this


Agreement, she has personally inspected the said Flat and satisfied
herself regarding the area, quality of construction, and condition
thereof. In the future, TRANSFEREE shall not raise any objection or
dispute regarding the said issues. If further renovation or repairs are
required, the same shall be done by the TRANSFEREE.

10. The TRANSFEREE shall abide herself by the rules and


regulations of the said proposed Society when formed and registered
and pay the taxes and all other outgoing in respect of the said Flat
with effect from the date they take over possession of the said Flat as
and when the same become due for payment. The TRANSFERORS
hereby agree to keep indemnified the TRANSFEREE against the
payment of all such outgoings, costs, charges, fees, taxes, stamp
duty, penalties, and other dues, if any, relating to the said Flat of
whatsoever nature pertaining to the period prior to the handing over
of the possession of the said Flat to the TRANSFEREE.

11. The Parties hereto will execute necessary documents as and


when required for giving proper effect to what is agreed herein and
to transfer the said Flat to the TRANSFEREE from the TRANSFERORS.

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12. The TRANSFERORS shall further obtain the NOC of the said
Builders/Developers in the format of loan disbursing financial
institution from whom the TRANSFEREE intends to raise a loan.

13. The premium/Transfer fee of the said Proposed


Society/Builder/Developer in respect of the transfer of the said Flat
in the books of the said Proposed Society/Builder/Developer will be
borne and paid by the TRANSFERORS and TRANSFEREE, equally.

14. Maintenance/Electricity/Water meters/Mahanagar Gas


meter/deposits, Sinking Fund, and all the amount standing to the
credit of the TRANSFERORS in the books of the said
Builders/Developers or said Proposed Society, in relation to the said
Flat, shall be transferred in the name of the TRANSFEREE on payment
of full consideration as agreed and the TRANSFERORS shall sign and
execute the necessary forms, application, documents for transferring
the said MSEDCL meter and Mahanagar Gas meter in respect of the
said Flat in the name of the TRANSFEREE.

15. The TRANSFERORS hereby undertake and declare that any


nomination or Will in regard to the said Flat, made by them, if any,
shall hereafter be deemed to be in-operative, canceled, revoked,
withdrawn, and shall become null and void.

16. The Stamp Duty and Registration charges of this Agreement


shall be borne and paid by the TRANSFEREE alone. The TRANSFERORS
and the TRANSFEREE undertake to comply with all the formalities
required for completing the registration of this Agreement in respect
of the said Flat in the record of the Sub-Registrar of Assurances.

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17. The TRANSFERORS shall from time to time and at all
reasonable times do and execute or cause to be done and executed
all such acts, deeds, and things as shall be reasonably required for
more perfectly transferring the right, title, and interest of the
TRANSFERORS in the said Flat to the TRANSFEREE, but subject to the
payment of full consideration as agreed herein.

18. The parties hereto confirm that before execution of this


Agreement, they have read the contents of this Agreement and only
after satisfying regarding its correctness, they have executed this
Agreement.

IN WITNESS WHEREOF the parties hereto have hereunto set


and subscribed their respective signatures the day and year first
hereinabove written.

-THE SCHEDULE ABOVE REFERRED TO-

THE RESIDENTIAL PREMISES bearing Flat No. 1903,


admeasuring 314.85 Square Feet Carpet Area equivalent to 29.25
Square Meters carpet area (excluding the area of balconies) (As per
the definition of the term Carpet Area under Section 2 (k) of RERA)
or thereabouts, located on the 19 th Floor, Wing-F, of the building
known as “A&O Excellente”, situated at Bhimwadi, Rajendra Prasad
Road, Mulund (West), Mumbai- 400080, standing on the plot of
land bearing CTS No. 755 (part) of Village Mulund, Taluka Kurla,
District Mumbai Sub-urban, within the limits of “T” ward of
Brihanmumbai Municipal Corporation. The building was
constructed in the year 2023 and it consists of 1 level Basement +

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Ground/ Stilt + 1st to 23rd upper floors, with a lift Facility (including
OWHT and LMR).

SIGNED SEALED AND DELIVERED


By the within-named TRANSFERORS
(1) MR. AJINKYA N. VENGURLEKAR,
PAN: AQBPV0046J

(2) MRS. POOJA C. WARANG


(after marriage MRS. POOJA AJINKYA VENGURLEKAR)
PAN: ABKPW3488M

In the presence of
1.
2.

SIGNED SEALED AND DELIVERED


By the within-named TRANSFEREE
MS. SHEEBA DHARMARAJ
PAN: BLQPD4013A

In the presence of
1.
2.

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RECEIPT
RECEIVED of and from the within named TRANSFEREE
MS. SHEEBA DHARMARAJ, a sum Rs. 16,15,200/- (Rupees Sixteen
Lakhs Fifteen Thousand Two Hundred only) within expressed under
clause No. 2 (a) herein above towards earnest money/part
consideration of the Flat No. 1903, admeasuring 314.85 Square Feet
Carpet Area equivalent to 29.25 Square Meters carpet area
(excluding the area of balconies) (As per the definition of the term
Carpet Area under Section 2 (k) of RERA) or thereabouts, located on
the 19th Floor, Wing-F, of the building known as “A&O Excellente”,
situated at Bhimwadi, Rajendra Prasad Road, Mulund (West),
Mumbai- 400080, as under,

Cheque No./ UPI TRANSACTION Date Bank Amount


ID./ IMPS No. /NEFT No. / RTGS
No.
000032 13-09-2023 Kotak Rs. 1,00,000/-
Mahindra
Bank

TOTAL PAID AMOUNT: Rs. 16,15,200/-


WE SAY RECEIVED

(1) MR. AJINKYA N. VENGURLEKAR,

(2) MRS. POOJA C. WARANG


(after marriage MRS. POOJA AJINKYA VENGURLEKAR)

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TRANSFERORS
Witnesses.
1.
2.

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