AGREEMENT TO SALE
THIS AGREEMENT TO SALE MADE AND EXECUTTED AT PUNE ON
THIS _______ DAY OF ________________ IN THE CHRISTIAN YEAR
TWO THOUSAND AND TWENTY THREE, AT PUNE
BETWEEN
1. MR. SOPAN CHAUDHARI
Age 65 years ; Occ Service
R/at : 16/4074, Great North Rd,
Glen Eden, Aukland, Newzealand.
2. AKSYAY SOPAN CHAUDHARI
Age : 35 years ; Occ : Service.
R/at : 17 Hunter St, Lewisham Sydney 2049.
3. NEHA SOPAN CHAUDHARI
Age : 35 years ; Occ : Service
R/at : 9 Olsen, Crescent, Wakerly,
QLD, 4154, Brisbane.
No. 2 and 3 above Through their Power of Attorney Holder
MR. SOPAN CHAUDHARI
Age 65 years ; Occ Service
R/at : 16/4074, Great North Rd,
Glen Eden, Aukland, Newzealand
(Hereinafter called and referred to as the “VENDORS ” for the
sake of brevity and convenience, which expression unless
repugnant to the context or meaning thereof shall mean and
include her legal heirs, executors, administrators and assigns,
etc.)
PARTY OF THE FIRST PART
1. Ms ARYAA NITIN SHINDE
Age: 21 years; Occ: Student ;
2. MR. NITIN SHINDE
Age: 48 years; Occ: Business;
Both Permanently residing at :
B 62 Rajashri Shau Soc, Pune Satar Rd,
Pune – 37.
(Hereinafter called and referred to as the “VENDORS” for sake
of brevity and convenience, which expression unless repugnant
to the context or meaning thereof shall mean and include their
legal heirs, executors, administrators and assigns, etc.)
PARTY OF THE SECOND PART
WHEREASall that piece and parcel of Flat No.b 23 situated on
the 2NDfloor, Shri Shankaranand Co-operative Housing
society Ltd, Survey No. 63/1+2A, CTS No. 3390 situated at
village Parvati, Taluka Haveli, District Pune situated within the
jurisdiction of sub registrar Haveli Pune and also situated within
the limits of Pune Municipal Corporation, having admeasuring
500 sqft, built up i.e. 46.46 sq.mts. (hereinafter called and
referred to as “THE SAID FLAT ” for the sake of brevity and
convenience, which is more particularly described in the
Schedule- I written hereunder);
AND WHEREAS the Land on which Shri Shankaranand Co-
operative Housing society is constructed and which is
situated at survey no. 63/1+2A, CTS No. 3390 situated at village
Parvati, Taluka Haveli, District Pune was originally owned by Mr.
Ashok Mahadeo Korde and Shri Prakash Mahadeo Korde.
AND WHEREASShri Ashok Mahadeo Korde and Shri Prakash
Mahadeo Korde had assigned development rights of the said land
to Rawat Brothers, Promoters and builders acting through its
partner Mr. Pravin Rawat by executing agreement dated
19/5/1986, along with the Power of Attorney. Hereinafter called
and referred as the “Promoter”.
AND WHEREAS, the Promoter i.e. Rawat Brothers, Promoters
and builders acting through its Partner Shri Pravin Trimbak Rawat
entered into Agreement dated 19/5/1986 with Shri Prakash
Mahadeo Korde who is actual land owner of the said land. The
said Flat was allotted to the land Owner i.e. Shri Prakash Mahdeo
Korde in consideration of the development rights assigned to the
Developer.
AND WHEREAS the Promoter has obtained Completion
Certificate bearing No. 3613 dated 20/10/1987.
AND WHEREASsubsequently, a Co-Operative Housing Society of
all the flat purchasers in the said building was formed and
registered and now the said scheme is known as “Shri
Shankaranand Co-operative Housing Society Ltd.”, which
co-operative housing society has been registered under the
Maharashtra Co-operative Societies Act 1960 on 12/09/1989
bearing registration no. PNA/PNA(6)/HSG/(TC)1685/89-90.
AND WHEREAS the said Mrs Chaya Sopan Chaudhariwas
inducted as member of the said society and have been allotted 5
shares bearing distinctive Nos.S 011 to S 015 vide Share
Certificate dated 11/07/1992 to the Mrs. Chaya Sopan Chaudhari;
AND WHEREASpursuant to the said gift deed dated 17 Feb
1992, and by virtue of the membership in the said society the
Vendors herein are well seized and possessed of the said flat
and are absolute owners thereof and thus are also entitled to
sell, transfer or otherwise dispose of the same;
NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:-
NOW THIS AGREEMENT WITNESSETH & it is mutually agreed by &
between the parties hereto as follows:
1. The Vendor has agreed to sell, transfer & assign all their right, title,
interest and benefits and the Assignees/Purchasers hereby agrees to
purchase, acquire and hold the said Flat bearing No. B 23,built up
area admeasuring 46.46 square meters 500 square feet, Situate on
2nd floor in the “ Shri Shankaranand Co-operative Housing Society” of
Rs. 40,00,000/- (Rupees Fourty Lakh only) which the Purchaser has
agreed to pay to the Assignors/Vendors.
2. The Purchasers upon execution of these presents have paid the
Vendors an amount of Rs. 12,00,000/- ( Rupees Twelve Lakhs Only )
online on 13/2/23 and 17/8/23, as and towards part payment of the
agreed consideration. The Purchasersshall pay the assignors/vendors
remaining balance consideration of Rs._______________/-(Rupees
_________________ only) at the time of execution of
Sale/Conveyance/Assignment deed.the Vendor hereby admit &
acknowledge the receipt of 12,00,000/- ( Rupees Twelve Lakhs Only )
& do hereby forever acquit release & discharge the same & every part
thereof.
3. The parties herein have agreed that payment of consideration as per
the abovementioned schedule is the essence of this Agreement. In
case the Purchaser fail to pay the abovementioned balance
consideration the Vendor may cancel the present Agreement. The
parties further confirm that in case of such cancellation the Vendor
shall immediately refund the Assignee/Purchaser the amount already
received by them towards part consideration without any interest
thereon. Further in the event of cancellation of the present agreement
after the payment of consideration or part thereof, the said flat shall
carry a charge for the amount actually paid by the
assignees/purchasers to the Vendors/assignors herein along with
interest accruable thereon.
4. The vendors does hereby assure unto the Purchaser that the Vendor
are sole & absolute owner of the said flat & no other person except the
Vendor has any right, title, claim or interest of whatsoever nature in the
said Flat. The Vendor further assured unto the Purchaser that the
Vendor has not on or before the present Agreement sold, transferred,
assigned or in any way encumbered or alienated their rights, title, claim
& interest in respect of said Flat in favour of any person/company/Bank
etc. whatsoever, nor Vendor have mortgaged, leased out or charged
with the said Flat& the said Flat is free from all encumbrances,
charges, loans, liabilities, mortgages, lease, lien etc.& title of the
Vendor to the said Flat is good, clear & marketable.
5. The Assignors/Vendors hereby declares that they have paid all the
consideration to the Promoter under the said Agreement against the
said flat. The Assignors/Vendors hereby declares that they have paid
all the dues towards various taxes payable to government and quasi-
government as well as municipal authorities including MSEB till date.
However, if there is/are any previous dues regarding the said flat
including VAT, Service Tax, Society Maintenance, MSEB Meter
installation etc. the Assignors/Vendors shall be liable to pay the same.
It is also agreed by and between the parties hereto that the dues
remaining in respect of the said society prior to date of execution of
these presents if any, shall be borne by the Assignor/Vendors.
6. The vacant, peaceful & physical possession of the said Flat shall be
delivered & handed over by the vendors/Assignors to the
Purchaser/Assignee at the execution of conveyance/assignment Deed
or on or before 31st October 2023 (Whichever is earlier). It is agreed
and understood between the parties hereto that the purchasers herein
upon execution of these presents, are going to avail housing loan from
bank and the purchasers herein assure the vendors to endeavor to
conclude the said loan process and obtain the disbursement on or
before 31st October 2023. However the parties are fully aware that the
bank process are not within the control of the purchasers and hence
the said time period agreed above is directory.
7. The Vendors/Assignors without claiming any additional consideration,
further agrees & undertakes to sign all papers necessary for the
transfer of the said Flat, shares, membership, electricity meter, piped
gas connection, municipal tax receipt, etc. in the name of the
Purchaser/Assignee as & when it is required by the
Purchaser/Assignee.
8. The Vendor further assured that he has paid all the municipal taxes,
maintenance charges, water charges, electricity charges & other out
goings in respect to the said Flat prior to execution of these presents&
Purchaser/Assignee shall be liable to pay for the same post execution
of these presents.
9. The Assignor also agrees to execute the Assignment deed in favour of
the Assignee/Purchasers and the Assignee/Purchasers shall pay the
Balance consideration to the Assignor/Vendors on execution of the
final conveyance/assignment deed.
10. The expenses such as stamp duty, registration fee, and advocate fees
of these presents shall be and are born by the Purchaser/Assignee.
11. That the actual price of the said Flat is fixed at Rs. 40,00,000/- ( Fourty
Lakhs only) which is higher than the government value after due
depreciations & stamp duty & registration charges are paid accordingly
on the higher amount.
VALUATION FOR STAMP DUTY:
AREA OF THE FLAT: Flat bearing No. B 23,Built up area
admeasuring 46.46 Sq. Mtrs. situate on
2nd floor in the building by name "Shri
Shankaranand Co-Op Hsg Soc”
LOCATION: CTS No. 759/116/FP No.245/116
Shivaji Nagar
AGREED CONSIDERATION: Rs. 40,00,000/-
Government Valuation as per
Ready recknor : Rs.
Stamp Duty is paid on the consideration as being higher than the
government ready recknor.
STAMP DUTY PAID: _____________/-
REGISTRATION CHARGES: 30,000/-
SCHEDULE “I” OF THE PROPERTY
SCHEDULE I
(Description of the said flat)
All the piece and parcel of the property being a residential
premises bearing flat No. B-23, admeasuring approximately
500 sq.ft. of area. situated on the Second floor in the society
namely Shri Shankaranand Co-operative Housing Society
Limitedwhich is situated at Survey no. 63/1+2A CTS No. 3390
at Village Parvati Pune.
IN WITNESS WHEREOF the parties hereto have executed these
presents on the day and date first hereinabove written.
SIGNED SEALED AND DELIVERED
By the within-named Assignors
ASSIGNORMR.
Signature L.H.T.I Photograph
ASSIGNORMRS.
Signature L.H.T.I Photograph
SIGNED SEALED AND DELIVERED
By the within-named Assignee
ASSIGNEE MRS.
Signature L.H.T.I Photograph
CONSENTING PARTY MRS.
Signature L.H.T.I Photograph
In the presence of …………….
WITNESSES
1. Name: 2. Name:
Address: Address:
Sign: Sign:
