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AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and entered into at


Dombivli on this 5th day of March, 2016.

BETWEEN

1). Mr. MANOJ KUMAR G. PILLAAI , aged 42 years, Indian Inhabitant,


Occupation: Business Man, Pan No.AFHPP6121P, and 2). Mrs.
SUBHALEKSHMI M. PILLAI, aged 34 years, Indian Inhabitant, Occupation:
Home Maker , Pan No.AMBPP8531E, Both Residing at: Flat No D-1402,
Utopia Building, Casa-Bella Gold, Palava, Dombivli (East) 421204 Taluka:
Kalyan, District:Thane. hereinafter referred to as “THE TRANSFEROR/S”
(which expression shall unless it be repugnant to the context or thereof
shall mean include her legal heirs, executors, administrators and
assignees) of the Party of the FIRST PART.

AND

1) Mr.RAVI KUMAR B aged 41 years, Occupation: Service, Pan


No.AEFPR9688J, and 2) Mrs.PRASANNA LAKSHMI B, aged 37 years,
Occupation: House Wife, Pan No. CHTPB5331B, Indian Inhabitant, Residing
at :- Flat No.104, A Wing, ASH Building, Regency Estate Co.Op HSG
Society, Asadegolavaali, Dombivli (East) 421201 Taluka: Kalyan,
District:Thane .hereinafter referred to the as “ THE TRANSFEREE/S” (which
expression shall unless it be repugnant to the context or meaning thereof
shall mean and include his legal heirs, executors, administrators and
assignees) of the Party of the SECOND PART.

WHEREAS the Transferor/s Mr. MANOJ KUMAR G. PILLAAI and Mrs.


SUBHALEKSHMI M. PILLAI, are the absolute owner, occupier, possessor of
the Residential Flat Premises identifiable as “ASH Building, Regency Estate
Co.Op HSG Society Ltd,’’ Flat No.103, on 1st Floor, Building No.22, Type B1,
A-wing admeasuring about 104 sq.mtrs. [ Carpet area includes the area
of Door Jam, Cupboard and balacony and flower beds ], in the building
Known as “ASH Building, Regency Estate Co.Op HSG Society Ltd.,’’ at
Asadegolavaali ,Tal-Kalyan ,Dist- Thane. hereinafter referred to as the said
flat.
2.

WHEREAS the Transferor/s Mr. MANOJ KUMAR G. PILLAAI and Mrs.


SUBHALEKSHMI M. PILLAI has purchased the said flat by vide Agreement
for sale dt. 03/09/2012 on name of Mr. RAJESH ATMARAM SARKATE and
Mr.VINOD ATMARAM SARKATE and, the abovesaid Agreement for sale dt.
03/09/2012 registered with sub- registrar office Kalyan-3 on 03/09/2012
under document No. 5759/2012 AND WHEREAS Mr. RAJESH ATMARAM
SARKATE and Mr.VINOD ATMARAM SARKATE had purchased the sad flat
by vide Agreement dt.21/09/2010 from M/s. REGENCY INVESTMENT.

AND WHEREAS Transferor/s are the member of the “ASH Building, Regency
Estate Co.Op HSG Society Ltd., a registered Society under the
Maharashtra Co-operative Housing Act, 1960 vide Registration No.
TNA/KLN/HSG/(TC)/20570/2009-2010 dated 12/05/2009 (hereinafter
referred to as the said society), situated at bearing Old Survey No.64,
Hissa No.1(P), New Survey No.80, Hissa No.1(P) etc., of Asadegolavli,
Dombivli (East) 421201, Taluka: Kalyan, District: Thane,

AND WHEREAS by virtue of the Transferor/s being the holder of 5 shares of


total value of Rs.250/- bearing Nos. from 196 to 200 and share certificate
Serial no.30, hereinafter referred to as the SAID SHARES.

AND WHEREAS the Transferor/s desires to sell, transfer, assign and convey
the flat.

AND WHEREAS the Transferee/s has expressed his desire to purchase,


possess and acquire the flat.

AND WHEREAS both the parties hereto have arrived at certain terms and
conditions which they are desire to record in writing.

NOW THIS ARTICLE OF AGREEMENT WITNESSES AND IT IS MUTUALLY AGREED


BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1. The Transferor/s hereby declare records and confirms as under:-


3.

a. The Transferor/s are the sole and absolute owner of ASH Building,
Regency Estate Co.Op HSG Society Ltd,’’ Flat No.103, on 1st Floor, Building
No.22, Type B1, A-wing admeasuring about 104 sq.mtrs. [ Carpet area
includes the area of Door Jam, Cupboard and balacony and flower beds
], in the building Known as “ASH Building, Regency Estate Co.Op HSG
Society Ltd.,’’ situated at bearing Old Survey No.64, Hissa No.1(P), New
Survey No.80, Hissa No.1(P) etc, of Village Asadegolavaali, Taluka Kalyan,
Dist: Thane and within the limits of Kalyan Dombivli Municipal Corporation,
Dombivli Division, Within the Registration Dist: Thane and Sub-Registration
Dist: Kalyan.

b. The Transferor/s has not entered into any agreement for sale, transfer
or letting out the said flat with any other person and that they are in
exclusive and absolute possession & occupation of the said flat and
share.

c. The Transferor/s are abided by and complied with all rules regulation
and bye-laws of the said society still subsisting.

d. The said flat along with the said shares is not affected by any lis
pendens or insolvency proceedings or any prohibitory orders from orders
from income Tax Department or any other Authority, restraining the
Transferor/s from dealing with disposing of or parting with possession of the
said flat/ share or any part thereof.

e. The Transferor/s has paid share of Municipal Taxes, Water Charges,


and maintenance charges and all other outgoings in respect of the said
flat up to date and that no part thereof has remained unpaid.

2. The Transferor/s further declare that they have obtained the necessary
permission from the said society for sale and transfer of the said flat unto
the Transferee/s herein.

3. In consideration of the aforesaid representations of the Transferor/s, the


Transferee/s herein agree to purchase, possess and acquire the said Flat
of the Transferor/s and all his rights, title and interest therein for the lump
sum consideration of Rs.85,00,000/-(Rupees Eight Five Lakh only)
4.

4. The Transferee/s purchaser paid The Transferor/s seller/s the sum of


Rs.85,00,000/-(Rupees Eighty Five Lakh only) by obtaining a loan from
Bank or financial authority. The entire Transaction will be completed within
30 days from the date of registration of the said agreement. Transferor/s
here by agrees to provide necessary documents /papers to Transferee/s
to obtain the loan .
In case if the transferee/s fail to pay the sum Rs. Rs.85,00,000/-(Rupees
Eighty Five Lakh only) within 30 days from execuction of this agreement,
the agreement will be treated as cancelled (i.e.Null & Void )

6. THE TRANSFEROR/S / SELLER/S assures declares THAT: There’s no suit,


litigation, civil, criminal or other proceeding pending against them
personally affecting the said flat. There is no attachment or prohibitory
order against the said flat. Thus the said flat is free from encumbrances
and is not subject to any matter to any segment or attachment either or
before judgment and THAT they have not received any notice either or
before judgment and THAT they have not received any notice either from
Govt., Semi – Govt. or Municipal Corporation regarding acquisition,
requisition or attachment in respect of the said flat.

7. The Transferor/s have not in any way of encumbered or agreed to


encumber by way of mortgage , charge, lien, trust, sale , pledge or
otherwise however their right, title and interest to the said share and / or
the said premises and that the same are free from all encumbrances
whatsoever and the transferors hereby keep indemnified and harmless
the purchaser/s against all claims and demands whatsoever in respect of
the said share and as incidental there of the said flat in the said society
hereby transferred and make good to the purchasers/s all claims
demands, costs, charges and expenses which the purchasers may be put
to or suffer or incur by reason of any defect, deficiency or encumbrance
in the title if the transferor/s to the said share and the said premises in the
said society or any mistake or deficiency in the extent description or other
particulars of the said shares and the said premises in the said society.

7. The Transferor/s shall deliver to the Transferee/s all receipts,


documents, papers, vouchers and certificates relating to the said flat and
last paid in respect of the outgoing and service charges and electricity
charges.
5.

8. The Electric Meter bearing No.09246231and Consumer No.


020180027042 is affixed to the said flat and the Transferor/s have agreed
to transfer the said flat along with the said Electric Meter & Connection
to the Transferee/s and further agrees to sign all the necessary paper
for transfer of such electric meter.

9. On receiving the remaining balance amount i.e Rs.85,00,000/-(Rupees


Eighty Five Lakh only) by the Transferee/s to the Transferor/s , the
Transferor/s shall put the Transferee/s in vacant and peaceful possession
of the said flat. And the Transferor/s shall at all time hereafter at the
request of the Transferee/s agree to do and execute or cause to be
done or executed all such acts, and assuring in law whatsoever for
further and more perfectly vesting and assuring the said flat unto the
Transferee/s.

10. On and after receiving the remaining balance amount by the


transferee/s, the Transferor/s shall have no right, possession, title and /or
interest of any nature whatsoever in the said Flat and the Transferee/s
shall be solely and exclusively entitled to use, occupy, possess and enjoy
the same without any let, hindrance and / or interference of
whatsoever nature and the Transferee/s shall be entitled to deal with
the said flat in such a manner as they may desire and think, fit and
proper.

11. The Transferee/s shall become members of the said society and shall
abide by rules, regulations and bye- law as amended from time and shall
in the mean time promptly and punctually pay all taxes, charges and
other outgoings in respect of the said flat.

12. All costs and incidental expenses to this agreement will borne by the
Transferee/s.

13. The Transferor/s agrees to co- operate and whenever required sign all
papers pertaining to transfer of this flat.

14. The necessary transfer charges /donation to the society will be borne
by the Transferee/s.
6.

15. In the event of there being any dispute the said dispute shall be
referred to Arbitration of sole Arbitrator (two arbitrator one appointed by
each party) and the said arbitration shall be as per the Provision of
Arbitration and Conciliation Act 1996 or any amendments or re-
enactments as the case may be. The seat of Arbitration shall be at
Dombivli and the proceedings shall be in English of Marathi.

16. This Agreement is subjected to the provision of the Maharashtra


ownership Flat (Regulation of the said promotion of Construction, Sale,
Management & Transfer) Act, 1963 and the Maharashtra Ownership Flat
(Regulation of promotion of construction, sale, Management &
construction, sale, Management & transfer) Rules, 1964 .

THE SCHEDULE OF PROPERTY

Flat No.103, on 1st Floor, Building No.22, Type B1, A-wing admeasuring
about 104 sq.mtrs. [ Carpet area includes the area of Door Jam,
Cupboard and balacony and flower beds ], in the building Known as “ASH
Building, Regency Estate Co.Op HSG Society Ltd.,’’ at Asadegolavaali ,Tal-
Kalyan ,Dist- Thane. situated at bearing Survey No. Old Survey No.64,
Hissa No.1(P), New Survey No.80, Hissa No.1(P) etc, of Village
Asadegolavaali, Taluka Kalyan, Dist: Thane and within the limits of Kalyan
Dombivli Municipal Corporation, Dombivli Division, Within the Registration
Dist: Thane and Sub-Registration Dist: Kalyan and bounded as follow :-
7.

IN WITNESS WHEREOF THE PARTIES HERETO SET AND SUBCRIBE


THEIR RESPECTIVE HANDS ON THE DAY AND YEAR HEREIN ABOVE
WRITTEN:

SIGNED. SEALED AND DELIVERED )

BY the within named “TRANSFEROR/S” )

1) Mr. MANOJ KUMAR G. PILLAAI ) _________________

2) Mrs. SUBHALEKSHMI M. PILLAI )________________

In the presence of ------------------------------ )

_____________________________________ )

SIGNED. SEALED AND DELIVERED )

By the within named “TRANSFEREE/S” )

1) Mr.RAVI KUMAR B ) __________________

2) Mrs.PRASANNA LAKSHMI B )_________________

In the presence of --------------------------- )

___________________________________ )

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