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AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made and entered into at Mumbai on this
____ day of May 2025 BETWEEN MR. MAHENDRA JAGANNATH
DABHANE (age __ years) an adult, Indian Inhabitant, residing at Flat No. 102,
Wing B, First Floor, Viral Co-operative Housing Society Ltd. situated at
Mandpeshwar Road, Off Laxman Mhatre Road, Borivali (West), Mumbai –
400 103, hereinafter called “THE TRANSFEROR” (which expression shall
unless it be repugnant to the context or meaning thereof be deemed to mean and
include his heirs, executors, administrators and assigns) of the ONE PART AND
MR. DNYANDEO BHIMRAO CHAVAN (age 47 years), having address at
Room No. 2, Gaokari Chawl, Waman Bhoir Road, Kandarpada, Dahisar (West),
Mumbai - 400 068, hereinafter called “THE TRANSFEREE” (which expression
shall unless it be repugnant to the context or meaning thereof be deemed to mean
and include his respective heirs, executors, administrators and assigns) of the
OTHER PART.
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WHEREAS THE TRANSFEROR HEREBY EXPRESSLY REPRESENTS
& DECLARES TO THE TRANSFEREE AS FOLLOWS:
a) By the MCGM Allotment Letter dated 25/05/2012 issued from Asst.
Commissioner M/West Ward regarding allotment of PAP flats to people
affected due to widening of Road, the Flat No. 102, Wing B, First Floor,
Viral Co-operative Housing Society Ltd. situated at Mandpeshwar
Road, Off Laxman Mhatre Road, Borivali (West), Mumbai – 400 103
which was allotted free of cost to MR. HARIRAM BALARAM
DABHANE & MRS. LAKSHAMI JAGANNATH DABHANE.
b) The society viz Viral Co-op. Housing Society Ltd., having Registration
Number BOM/WR/HSG/TC/10858/2000-2001, Dated 12/06/2000
[hereinafter referred as the “said Society”] and the said Society has issued
Share Certificate No. ___ and allotted 5 fully paid shares, sum of Rs. 50/-
each bearing Shares distinctive Nos. 061 to 065 [both inclusive]
[hereinafter referred as the “said Shares”] to MR. HARIRAM
BALARAM DABHANE & MRS. LAKSHAMI JAGANNATH
DABHANE.
c) In view of the above, MR. HARIRAM BALARAM DABHANE [50%]
& MRS. LAKSHAMI JAGANNATH DABHANE [50%] owns the Flat
No. 102, Wing B, First Floor, Viral Co-operative Housing Society Ltd.
situated at Mandpeshwar Road, Off Laxman Mhatre Road, Borivali
(West), Mumbai – 400 103 and the said Shares.
d) That by a Deed of Gift dated 24th day of July, 2019 registered before the
Joint Sub Registrar Borivali – 2, under Sr. No.BRL - 2 - 8100 - 2019
Dated 24/07/2019 made and entered into between MR. HARIRAM
BALARAM DABHANE therein called as “the Donor” of the One Part
and the MR. MAHENDRA JAGANNATH DABHANE, therein called
as "the Donee" of the Other Part, MR. HARIRAM BALARAM
DABHANE. gifted his 50% right, title and interest in the said Flat to the
MR. MAHENDRA JAGANNATH DABHANE and accordingly, MR.
MAHENDRA JAGANNATH DABHANE became the owner of 50%
undivided shares in respect of the said flat.
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e) That by a Deed of Gift dated 24th day of July, 2019 registered before the
Joint Sub Registrar Borivali – 2, under Sr. No.BRL - 2 - 8101 - 2019
Dated 24/07/2019 made and entered into between MRS. LAKSHAMI
JAGANNATH DABHANE therein called as “the Donor” of the One Part
and the MR. MAHENDRA JAGANNATH DABHANE, therein called
as "the Donee" of the Other Part, MRS. LAKSHAMI JAGANNATH
DABHANE out of natural love and affection for her Son MR.
MAHENDRA JAGANNATH DABHANE gifted her 50% right, title and
interest in the said Flat to MR. MAHENDRA JAGANNATH
DABHANE and accordingly, MR. MAHENDRA JAGANNATH
DABHANE became the owner of 50% undivided shares in respect of
the said flat.
f) In view of the above, MR. MAHENDRA JAGANNATH DABHANE
owns the Flat No. 102, Wing B, First Floor, Viral Co-operative
Housing Society Ltd. situated at Mandpeshwar Road, Off Laxman
Mhatre Road, Borivali (West), Mumbai – 400 103 and the said Shares.
g) That in the premises aforesaid the Transferor is legally entitled to the said
Flat and the said shares together with benefits attached to it and that
neither the Transferor herein either personally or through any of his agent/s
or constituted attorney has or had at any time heretofore either created or
agreed to create any third party rights or right, title, interest or claim
whatsoever in respect of the said Flat.
h) That the Transferor is in the exclusive and absolute possession of the said
Flat with the said shares and benefits and that neither the Transferor had
till date hereof at any time either agreed to induct or inducted any third
party in use, occupation, possession and/or enjoyment of the said Flat or
any part or portion whereof, in any way or any manner whatsoever.
i) That the title of the Transferor in respect of the said Flat and the said
shares with benefits attached to it is absolutely clear and marketable, free
from all encumbrances and reasonable doubts including free from any
third party adverse deal, arrangements, understanding, agreement,
agreement for sale, transfer or assignment, conveyance, release,
relinquishment, surrender, gift, exchange, lease, monthly tenancy, leave
and licence, charge, mortgage or any other encumbrances.
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j) That the Transferor herein has not been disqualified or rendered disentitled
either at law, equity or otherwise on account of any action, steps or
proceedings or any act of commission or omission including any
forfeiture, confiscation, acquisition, requisition and/ or reservation and
otherwise and there is no dispute filed or pending or disposed off in
respect of the said Flat or in respect of the said building and the said
property to the knowledge, notice (expressed and/or implied) and/or
information of the Transferor.
AND WHEREAS upon the strength of the representation and declaration made by
the Transferor to the Transferee, the parties have negotiated for sale and purchase
of the said Flat in the said building and said benefits with all incidental benefits
and right, title, interest, claim, estate, possession and property rights in respect
thereof at law, equity and otherwise at or for the lump-sum price of Rs.
54,50,000/- (Rupees Fifty four Laks Fifty Thousand Only) payable to the
Transferor with vacant and peaceful possession of the said Flat with said benefits
with legal right to have and call for all relevant deeds, documents, papers and
writings from the Transferor and the concerned parties contemplated by law as
hereinafter mentioned in these presents with otherwise clear & marketable title
free from all encumbrances and reasonable doubts.
AND WHEREAS the Transferor has informed the said society under the Bye-
laws to transfer the shares and interest in the capital/property of the society and
obtained the necessary permission from the said society to sell, transfer and assign
the said Flat and the said Shares to the Transferee.
AND WHEREAS now the parties are desirous of executing this regular agreement
in respect of the said Flat and the said shares in the said building on the said
property with said benefits and accordingly the parties have hereby mutually0
agreed upon certain terms, conditions, stipulations & covenants in that behalf as
hereinafter appearing:
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS;
1. The Transferor hereby declares and confirms that what is recited hereinabove
in respect of the said Flat and the said shares shall be treated as representations
and irrevocable declarations on his part as if the same are reproduced herein in
verbatim and form part of this clause. The Transferor hereby confirms that the
Transferee have agreed to purchase the said Flat relying upon the correctness
of the declarations and representations made by the Transferor in these
presents.
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2. The Transferor shall sell, transfer, assign and assure to the Transferee and the
Transferee shall purchase and acquire the said Flat Viz. Flat No. 102, Wing
B, First Floor, Viral Co-operative Housing Society Ltd. situated at
Mandpeshwar Road, Off Laxman Mhatre Road, Borivali (West),
Mumbai – 400 103 and more particularly described in the schedule herein
under written free from all encumbrances at or for the price of Rs. 54,50,000/-
(Rupees Fifty four Laks Fifty Thousand Only) to be paid by the Transferee
to the Transferor in the following manner:
a) The Transferee have paid an amount of Rs. ______/- (Rupees _______
Only) as a part payment paid by the Transferee to the Transferor, the
Receipt whereof the Transferor doth hereby admits, confirms and
acknowledges at the foot of this agreement.
b) Rs. 54,500/- (Rupees Fifty four Thousand Five Hundred Only) being
the Tax Deduction at Source @ 1% deposited by the Transferee as per
Section 194IA of the Income Tax Act and the same shall be deemed to be
received by the Transferor and the Transfeee shall deposit the said TDS
and shall produce the TDS challan to the Transferor before the completion
of the transaction.
c) The Transferee shall pay balance amount of Rs. 35,00,000/- (Rupees
Thirty five Lakhs Only) being the Balance Consideration amount to be
paid by the Transferee to the Transferor within ____ days from the date of
execution of this agreement provided the Transferor produce all the
necessary title documents and NOC required by the Transferee for availing
housing loan.
In performing their part of the contract both the parties shall be entitled to
Specific Performance of this Agreement together with right to claim costs,
charges and expenses and losses from the other.
3. It has been expressly agreed by the parties herein, that the time should be
essence of the Contract, as far as ( i ) the payment of above given balance
consideration and ( ii) for handing over vacant and peaceful possession of the
said Flat to the Transferee with clear and marketable title free from all
encumbrances.
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4. It is agreed that the Transferee herein shall be entitled to receive all other title
deeds from the Transferor on the day of the payment of the balance
consideration amount stated in clause 2(c) hereinabove.
5. If the Transferor fails to complete the contract as per this agreement and the
Transferee is willing to pay and fulfil his part of the agreement then the
Transferor shall abide by the terms herein and shall be bound to complete the
contract on his part.
6. It is agreed between the parties that if there is any delay or default on the part
of the Transferor in performing his part of the contract then the Transferee
shall be entitled to specific performance of this Agreement.
7. On receiving the balance consideration, the Transferor shall surrender his
right, title and interest in favour of the Transferee and the Transferee shall be
entitled to quietly enter upon, leave, hold, occupy, possess and enjoy the said
Flat.
8. The Transferor has obtained the necessary permission from the said society to
transfer all his rights, title, claim, interest and benefits whatsoever enjoyed by
the Transferor including the shares, if any, in favour of the Transferee and
shall co-operate for further assuring in law and for better and more perfectly
transferring all the rights, interest and benefits of the Transferor in respect of
the said Flat unto the Transferee for exclusive use of Transferee thereof as
aforesaid.
9. The Transferor covenants with the Transferee that only he is the absolute
owner of the said Flat and the said shares hereby agreed to be transferred and
sold and no other person or persons has or have any right, title, interest in
property claim or demand of any nature whatsoever in or upon the said shares
and in the said Flat whether by way of sale, charge, mortgage, lien, gift, trust,
inheritance, lease, licences, easement or otherwise howsoever and he has good
right, full power and absolute authority to transfer and sell the same to the
Transferee.
10. The Transferor further covenants with the Transferee that he has not created
any charge or encumbrance of whatsoever nature on the said shares or the said
Flat nor are the same or any of them the subject matter of any litigation or stay
order nor are the same or any of them the subject matter of any attachment
whatsoever (whether before or after judgement) or any prohibitory order and
he has not created any adverse right whatsoever in favour of any of one in
respect of the same or any of them.
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11. The Transferor hereby undertakes to indemnify and keep indemnified the
Transferee against all claims, demands, proceedings, costs and expenses in
connection with any liability which the Transferee may have to suffer or incur
due to the claims from Society, Govt. authorities, Stamp authority, Sub-
Registrar, competent authorities and/or any third party relating to the said Flat
sustained prior to the execution of these presents.
12. The Transferor shall hand over to the Transferee all those relevant papers,
documents in his possession and control relating to the said Flat immediately
on receiving the balance consideration amount and shall also sign such other
papers, applications, forms and declarations as may be required by the said
Transferee from time to time for effectual transfer of the said Flat in the name
of the Transferee.
13. The Transferor hereby declares that no one else except him has any right, title
and interest in respect of the said Flat and the Transferee shall after payment
of full consideration quietly and peacefully possess and occupy and enjoy the
said Flat without any let, hindrance, denial, demand, interruption or eviction
by the Transferor or any other person lawfully or equitably claiming through,
under or in trust for the Transferor.
14. That after receiving the full and final payment as aforesaid from the
Transferee, neither the Transferor nor his legal heirs, executors and
administrators shall and will have any right, title, interest or claim to the said
Flat.
15. The Transferor hereby covenants with the Transferee that he shall pay to the
said society all his shares of taxes and outgoings etc. up to handing over the
possession of the said Flat to the Transferee.
16. The Transferee shall become the member of the said society and shall abide
by all and singular bye-laws, rules and regulations made and adopted from
time to time by the said society and shall regularly pay the monthly
maintenance charges in respect of the said Flat to the said society without any
default.
17. It is specifically agreed by and between the parties that the transfer charges of
the said society shall be borne and paid by both the parties equally..
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18. The Transferee shall lodge the present agreement before the concerned
Registrar of Assurances and the Transferor shall admit his signature on the
said agreement before the said authority within the prescribed time limit as per
law.
19. Neither the Government nor any public authority has issued any order under
Income Tax Act, Wealth Tax Act, Maharashtra Land Revenue Code or under
any statute restraining the Transferor from selling or disposing of the said Flat
or any part thereof in any manner whatsoever.
20. That the Transferor has not received any notice from the Municipal
Corporation of Greater Mumbai and/or Government and/or any other statutory
body or authority for acquisition or requisition of the said Flat.
21. It is specifically agreed by and between the parties that once the entire
consideration amount of the said Flat is paid to the Transferor, this agreement
shall be deemed to be treated as Sale Deed.
22. It is also agreed by and between the parties that the Stamp Duty and the
registration charges in respect of the present agreement shall be borne and paid
by the Transferee.
23. It is mutually agreed between both the parties that the Transferor shall
handover the vacant and peaceful possession of the said flat to the Transferees
within ____ days from the date of Full and Final payment.
THE SCHEDULE HEREINABOVE REFERRED TO:
All that self contained flat on ownership basis viz. Flat No. 102, Wing B,
admeasuring 227 Sq. Ft. Carpet area on First floor, in the Building known as
Viral Co-operative Housing Society Ltd., situated at Mandpeshwar Road,
Off Laxman Mhatre Road, Borivali (West), Mumbai – 400 103, in
Registration District and Sub-district of Mumbai City and Mumbai Suburban on
land bearing C.T.S. No. 105 of Village Mandpeshwar, Taluka Borivali, Mumbai
Suburban District. The Building is Ground + 2 upper floors without lift facility..
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IN WITNESS WHEREOF the parties hereto hereunto have set and subscribed
their respective hands on the day and year first hereinabove written.
SIGNED AND DELIVERED }
by the within named the TRANSFEROR }
MR. MAHENDRA JAGANNATH DABHANE}
PAN NO. AJPPD1475J }
in the presence of ……….. }
SIGNED AND DELIVERED }
by the within named the TRANSFEREE }
MR. DNYANDEO BHIMRAO CHAVAN }
PAN NO. ALIPC2039A }
in the presence of ……….. }
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RECEIPT
RECEIVED of and from the Transferee MR. DNYANDEO BHIMRAO
CHAVAN, a sum of Rs. ____________/- (Rupees ______________Only), being
the Part Payment in respect of Flat No. 102, Wing B, First Floor, Viral Co-
operative Housing Society Ltd. situated at Mandpeshwar Road, Off Laxman
Mhatre Road, Borivali (West), Mumbai – 400 103 which I have agreed to sell
as per the terms of this agreement.
The said amount is received by me in the following manner:-
Amount Cheue/NEFT/UPI No. Date Banker’s Name and Branch
_________________________________________________________________
I say received Rs. _____________/-
MR. MAHENDRA JAGANNATH DABHANE
(TRANSFEROR)
WITNESSES :-
1.
2.
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RECEIPT
RECEIVED of and from the Transferee MR. DNYANDEO BHIMRAO
CHAVAN, a sum of Rs. 35,00,000/- (Rupees Thirty five Lakhs Only) being the
Full & Final Consideration in respect of Flat No. 102, Wing B, First Floor,
Viral Co-operative Housing Society Ltd. situated at Mandpeshwar Road, Off
Laxman Mhatre Road, Borivali (West), Mumbai – 400 103, which I have sold
as per the terms of the Agreement For Sale dated / /2025.
The said amount is received by me in the following manner:-
Amount Cheque/RTGS/NEFT No. Date Banker’s Name and Branch
______________________________________________________________
I say received Rs. 35,00,000/-/-
MR. MAHENDRA JAGANNATH DABHANE
(TRANSFEROR)
WITNESSES :-
1.
2.
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AGREEMENT FOR SALE
Dated ____ day of_____, 2025
BETWEEN
MR. MAHENDRA JAGANNATH DABHANE
….Transferor
AND
MR. DNYANDEO BHIMRAO CHAVAN
….Transferee
