Sale Deed PDF
Sale Deed PDF
Sale Deed PDF
of
Flat No. C-104, on 1ST Floor, in the building known as “Gayatri Sankul” and
society known as “Gayatri Sankul Co-operative Housing Society Limited”,
being constructed on land bearing Plot No. 38, Sector – 20, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 55.99
sq.mtr carpet area and 5.57 Sq. Mtr Terrace Area alongwith Stilt Car Parking
Space no. 16 on the Ground Floor.
BETWEEN
AND
MR. YOGESH SHREERAM GADGIL, Age 30 years, adult, having (Pan NO.
BBJPG9446F) & (Aadhar No. 7520 3803 0848) & MRS. SURABHI YOGESH
GADGIL, Age 28 years, adult, having (Pan NO. BZAPD1565P) & (Aadhar No.
6909 7903 1539) both are Indian inhabitants, residing at Room No.C-18, PLOT
NO-514, SAMARTH CHS LTD, CHARKOP, NR-APNA BAZAR, SECTOR-05,
KANDIVALI WEST, MUMBAI-400067 hereinafter called and referred to as the
“TRANSFEREES/PURCHASERS” (which expression shall, unless repugnant
to the context or meaning thereof be deemed to include their respective legal
heirs, executors, assignees and administrators) of the OTHER PART.
AND WHEREAS the State Government has acquired lands within the
designated area of Navi Mumbai and vested the same in the Corporation by
an order duly made on that behalf as per provision of Section 113 of the Act.
WHEREAS The Building Being constructed on the said plot shall be known as
“GAYATRI SANKUL”.
WHEREAS The Developers alone had the sole and exclusive right to sell the
shop / flat in the said building to be constructed on the said plot and thereon to
enter into agreement with the purchaser’s of the said shop/flat etc and to
receive the sale price in respect thereof.
WHEREAS the Corporation has Issued a Final Transfer Order by their Letter
no. CIDCO/VASAHAT/SATYO/KHARGHAR 61/2007 dated 01/06/2007 in
favour of “GAYATRI SANKUL CHS LTD” (hereinafter referred to as “the
Society”), Plot no.38, Sector-20, Kharghar, Navi Mumbai as the New
Licensee for the Plot No.38, in Sector No.20, Kharghar, Navi Mumbai.
WHEREAS the Society issued Share Certificate No. 052 of 5 fully paid up
shares of Rs.50/- each having distinctive numbers from 0256 to 0260 in the
name of MR. M. JAYASANKAR S/O SANKARAN NAIR & MRS. RANI
JAYASHANKAR alias RANI JAYASANKAR dated 30/11/2007 in respect to
said FLAT and hence it was duly endorsed by them.
AND WHEREAS The parties i.e. Sellers & Purchasers hereto had due
deliberations and discussions, and as a consequence thereof, they have
arrived at an understanding that, The Transferors/Sellers has agreed to sell
transfer and convey her rights & title of said Flat to the
Transferees/Purchasers, relying on the representation and declarations
made by the Transferors/Sellers, the Transferees/Purchasers agreed to
purchase the said Flat by this Sale Deed.
AND WHEREAS by this Sale Deed, “The Transferors/Sellers” sold their right,
title and interest fully to Transferees/Purchasers.
MODE OF PAYMENT
1. The recital mentioned above herein and terms and condition mentioned
below herein are to be treated as an integral part of this Agreement, and the
Transferors/Sellers hereby confirms all the above representations made to the
Transferees/Purchasers as true and correct.
a. That the Transferors has duly paid and discharged in full all the
dues and liabilities in respect of the said flat including the Property
Tax , CIDCO Tax, Municipal outgoings, taxes, rates, Society
maintenance charges or any Dues , cable charges, electricity
charges etc. payable to the said society up to the date hereof and
the Transferors shall pay all the dues till the date the possession of
the said flat is given to the Transferees. That Transferors agrees
and undertakes that if any retrospective tax / Property tax,
Electricity Bills/Arrears, CIDCO taxes, Phone Bills, Society
Maintenance Charges or Dues , Cable Charges , regarding the
said flat is charged by any department regarding the said flat, the
Transferors will pay the same or reimburse the same to the
Transferees for the period till the Transferors was in occupation of
the said flat i.e. till the execution and registration of the final sale
deed.
b. That the Transferors is the sole and absolute owner of the said flat
and the said shares duly standing in the names of the Transferors
in the books and all other records of the said society and the
Transferors is absolutely entitled to the same and to all incidental
rights thereto and to exclusive rights to the use, enjoyment and
occupation of the said Flat and except the Transferors no other
person or persons have any right, title, interest, claim or demand
of any nature whatsoever unto or upon the said premises;
c. That neither the Transferors nor any one on his behalf has
committed or omitted to do any act, deed, matter or thing whereby
his holding of the said shares and incidental rights thereto including
the right to the peaceful use, occupation, ownership and enjoyment
of the said flat and other rights and benefits in respect thereof may
become or may be prejudicially affected or encumbered in any
manner or whereby the said shares and his other right, title and
interest therein may become liable to attachment and/or sale
whether by a decree or order of the Competent Court or otherwise;
d. That the Transferors has not created or purported to create any
tenancy, license, charge, lease, lien or any kind of third party rights
over the said flat and the said shares and no other person or party
have any right, title or interest, claim or demand in to or upon the
same either by way of mortgage, gift, trust, inheritance, lease or
otherwise and that the same are free from all encumbrances and
there is no pending litigation of any kind whatsoever and further
that the Transferors shall so long as this agreement is valid, not
enter into any agreement/writing with any third party or any person
for sale, mortgage or exchange or for creating any rights of
whatsoever nature in respect of the said flat and the said shares;
e. That as on date the title of Transferors/ Seller over the said Flat is
free and marketable and no other person except the Transferors
/Sellers have any right ,claim or demand of the said Flat.
j. That the Transferors has not received any notice for acquisition
or requisition of the said flat and/or the said shares from any
Court or government or competent authority.
3. The Transferors hereby agrees to grant, assign, transfer and assure all his
right, title and interest in the said flat along with said shares in favour of
the Transferees.
4. The Transferors has agreed to hand over the physical possession of the
said flat to Transferees after receiving the full and final payment and after
the execution & registration of the final Sale Deed.
5. The Transferors hereby agrees that he will execute or cause to be
executed any other agreement, deeds, documents or writings in
consonance with this Agreement To Sell (First Agreement/ Part Payment
Agreement) if required for absolute transfer of the said flat and said shares
in favour of the Transferees after receiving the full and final payment and
execution & registration of final Sale Deed.
6. The Transferors hereby agrees that upon receiving full and final payment
and execution & registration of final Sale Deed, he agrees to execute or
cause to be executed and hand over the transfer forms and all documents
and writings as may be required under the Maharashtra Co- operative
Society Act, 1960. The Maharashtra Co-operative Societies Rules, 1961
and the bye-laws of the said Society for the effectual transfer of the said
flat and said shares with all deposits and meters in respect of the said flat
and said shares to the name of the Transferees.
7. Upon receiving the final payment and execution & registration of final Sale
Deed, the Transferors hereby agrees to execute and hand over to the
Transferees and / or to the said Society a letter addressed to the said
Society requesting them to transfer the said flat and the said shares
together with deposits if any standing in the name of Transferors to the
name of the Transferees.
9. The Transferors further hereby agrees and undertake that after receipt of
the payment and execution & registration of final Sale Deed as agreed
hereinabove, he will from time to time and at all times hereafter and at
the request and cost of the Transferees herein or his successors, assigns
or counsel in law, the Transferors shall do and execute and / or procure or
cause to be done, executed or procured all documents and such deeds
and writings whatsoever for the assurance in law and better and more
perfectly transferring the right, title, interest and benefit in the said flat and
every part thereof and the said shares to the use and benefit of the
Transferees as aforesaid.
10. After making the full and final payment and execution & registration of final
Sale Deed as agreed, the Transferees are entitled to have and hold the
said flat and the shares, together with all deposits and amounts lying to the
credit of the Transferors in the said Society’s account, for, unto and to the
use and benefit of the Transferees, their successors and assigns forever
and without any lien, charge, interest, demand or claim of whatsoever
nature from the Transferors or any person or person claiming through him.
11. On execution of this Agreement and upon receipt of full and final payment
and execution & registration of final Sale Deed, as aforesaid the
Transferees are entitled to apply to the membership of the said Society and
for the transfer of the said flat and to get the shares transfer in their name.
The Transferors hereby agrees to sign and execute all such forms,
documents or writings as may be required for the said purpose as and
when required.
12. The Transferees shall pay to the said Society and all concerned authorities
the monthly out goings and all other dues in respect of the said flat from
the date of handing over the possession to him.
15. Force Majeure: In the event of any Force Majeure conditions like Act of
God, Pandemic, Epidemic, Fire, Earthquake , Explosion, War , Extra
ordinary weather conditions, unfavourable government policy or any other
situation which is beyond the control of either parties then both parties will
have an option of extending the date for Final Registration of the Sale Deed
or Cancelling the Agreement for Sell and in that event the Transferees are
entitled to the refund of amounts paid along with stamp duty & registration
charges.
16. It is hereby expressly provided and agreed by the parties hereto that
both parties are entitled to enforce specific performance of the agreement
against each other in case of breach of any conditions mentioned in this
Agreement.
21. The Transferors shall attend the office of the Sub-Registrar at Panvel,
Navi Mumbai and admit the execution of these present lodges and/or to be
lodged for the registration by the Transferees.
22. That the transaction has taken place at Kharghar, Navi Mumbai, Taluka-
Panvel, Dist-Raigad and as such, Panvel, Navi Mumbai Courts shall have
exclusive jurisdiction to entertain any dispute arising out or in any way
touching or concerning this deed.
FIRST SCHEDULE OF PROPERTY
All that the piece or parcel of land known as Plot No.38, in Village : Kharghar,
Sector-20 of 12.5% GES Scheme, containing by admeasuring 2600.23 sq.mtrs.
of thereabout and boundaries of the said Plot No.38 are as follows :-
THAT IS TO SAY :-
Flat No. C-104, on 1ST Floor, in the building known as “Gayatri Sankul” and
society known as “Gayatri Sankul Co-operative Housing Society Limited”,
being constructed on land bearing Plot No. 38, Sector – 20, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 55.99
sq.mtr carpet area and 5.57 Sq. Mtr Terrace Area alongwith Stilt Car Parking
Space no. 16 on the Ground Floor.
IN WITNESS WHEREOF, the parties, hereto have set their respective hands on
the date, month and year herein above first mentioned in the presence of the
following witnesses.
1………………………………….
2………………………………….
RECEIPT
RECEIVED the sum of Rs.90,00,000/- (Rupees Ninety Lakhs Only) from
MR. YOGESH SHREERAM GADGIL & MRS. SURABHI YOGESH
GADGIL, the Transferees above named, as FULL AND FINAL PAYMENT in
respect of transfer of membership rights Flat No. C-104, on 1ST Floor, in the
building known as “Gayatri Sankul” and society known as “Gayatri Sankul
Co-operative Housing Society Limited”, being constructed on land bearing
Plot No. 38, Sector – 20, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad
410210, with area admeasuring about 55.99 sq.mtr carpet area and 5.57 Sq.
Mtr Terrace Area alongwith Stilt Car Parking Space no. 16 on the Ground
Floor.
MODE OF PAYMENT
We say received
Rs.90,00,000/-
(Rupees Ninety Lakhs Only)
Witnesses;
1.
2.
POSSESSION LETTER
Date:- 29/03/2023
From,
MR. M. JAYASANKAR S/O SANKARAN NAIR Age 52 years, adult, having (Pan
NO. ABEPN3753G) & (Aadhar No. 7453 9415 6875) as NON RESIDENT
INDIAN & MRS. RANI JAYASHANKAR alias RANI JAYASANKAR Age 46
years, adult, having (PAN NO. AGIPJ1829N) & (Aadhar No. 3240 8798 1683),
Indian inhabitant, residing at Surabhi, Valiyapadam, Puthur, Palakkad, Kerala-
678005
TO,
MR. YOGESH SHREERAM GADGIL, Age 30 years, adult, having (Pan NO.
BBJPG9446F) & (Aadhar No. 7520 3803 0848) & MRS. SURABHI YOGESH
GADGIL, Age 28 years, adult, having (Pan NO. BZAPD1565P) & (Aadhar No.
6909 7903 1539) both are Indian inhabitants, residing at Room No.C-18, PLOT
NO-514, SAMARTH CHS LTD, CHARKOP, NR-APNA BAZAR, SECTOR-05,
KANDIVALI WEST, MUMBAI-400067
Sub; Handing Over Possession of Flat No. C-104, on 1ST Floor, in the building
known as “Gayatri Sankul” and society known as “Gayatri Sankul Co-
operative Housing Society Limited”, being constructed on land bearing Plot
No. 38, Sector – 20, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad
410210, with area admeasuring about 55.99 sq.mtr carpet area and 5.57 Sq.
Mtr Terrace Area alongwith Stilt Car Parking Space no. 16 on the Ground
Floor.
Sir/ Madam,
We/I, the undersigned, MR. M. JAYASANKAR S/O SANKARAN NAIR & MRS.
RANI JAYASHANKAR alias RANI JAYASANKAR, state that, we/I have
transferred my above Flat to you MR. YOGESH SHREERAM GADGIL & MRS.
SURABHI YOGESH GADGIL and have since received full and final payment
towards the above Flat and shares.
Since, We/I have received full and Final payment from you, We/I relinquish our/my rights
for the above said Flat and hand over possession of the same, and you are at liberty to
use and/or to sell, transfer, sublet at your Will as you may wish within the rules and
regulations of the Society and we/I will have no objection or rights for the said Flat.
Yours faithfully,
We/I confirm having received the vacant and peaceful possession of the
above mentioned Flat.
(TRANSFEREES/PURCHASERS)