Format Of Sale Deed 4p215a

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// SHREE GANESH PRASSANA //

SALE DEED

THIS SALE DEED is made and executed at PimpriChinchwad on

12th__ day of June October 20154.

____

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MRS. SARLA DEEPAK DHARMANI Age – 45 years, Occ:– Housewife R/at:- PWD, 6/7, Pimpri, Pune – 411017 MR. ANUP PARMANAND JHAMTANI Age : 30 years, Occ : Business R/at:- 101, Bougen Villa, Lane 5, Anand Park, Aundh, Pune – 411007.

Hereinafter referred to as “PURCHASER”.

(Which expression shall unless repugnant to the context shall mean

and

survivors,

include legal

himself,

his

heirs,

representative,

his

successors,

s,

s executors and assigns etc.) ……….. PART OF THE FIRST PART

AND ________________________________

MR. VIJAY GOPICHAND RAMCHANDANI Age : 45 years, Occ : Business R/at:- Flat No. 2B, Dhanraj Complex, Pimpri,

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Pune – 411017.

Hereinafter referred to as “VENDOR”

(Which expression shall unless repugnant to the context shall mean

and

survivors,

include legal

himself,

his

heirs,

representative,

his

successors,

s,

s executors and assigns etc.) …..… PARTY OF THE SECOND PART AND

MR. ANUP PARMANAND JHAMTANI Age : 30 years, Occ : Business R/at:- 101, Bougan Villa, Lane 5, Anand Park, Aundh, Pune – 411007.

Hereinafter referred to as “CONSENTING PARTY”

(Which expression shall unless it be repugnant to the context shall mean and include himself, his heirs, his successors, survivors, legal representative, s, executors and assigns etc. ) …..… PARTY OF THE THIRD PART

All the piece and parcel of property bearing City Survey no. 4191, having sheet no. 131, area easuring 512 Sq.Mtrs. ( Hereinafter referred as “Said Property” details of

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which are mentioned in Schedule of Property) on which constructions as per sanctioned plan of PCMC construction is carried out ,

the vendor after due negotiations and

discussion with Purchaser and in consideration of the ratio of units being purchased in the building by the Purchaser in the present building does grant out of which exclusive rights of toilet usage and does hereby sells out

shops bearing

numbers

ground

:-no.

1,2,3,8,9

4

&

105

on

floor,

easuring an area about 16.85181.37 sq.mtrsft each i. e 181.376.85 sq.ft.eachmtrs , Offices bearing no. 1,2,3,4 9,10 5 & 116

on the first floor out of which office no 1 and 2

easuring

area

169.2

sq.ft

and

remaining

offices

easuring an area about 215 sq.ft each i. e 19.97 sq.mtrs and one residential unit easuring area ………….. sq.ft that is ………… sq.mtr andwith parking place below the said shops and office easuring an area about _______ sq.ft ( Hereinafter referred as Said Units) details of which are mentioned in the Schedule Of Tenement written hereunder).

in

the

building

named

and

style

as

_______________________ situated at land all that piece and parcel of property bearing City Survey

No. 4191, having

sheet No. 131 , area easuring 512 Sq. Mtrs., at village Pimpri Waghere (Pimpri Camp), Taluka – Haveli, District – Pune and within the limits of Pimpri Chinchwad Municipal Corporation and within the Jurisdiction of Sub-Registrar Haveli.

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Which properties are bounded as follows : On or towards East

:

By B-Block, Varanda No. 7,

Main Bazaar On or towards West

:

By PCMC colony road

On or towards North

:

By PCMC colony road

On or towards South :

By road for B- Block

No. (hereinafter referred as “Said property” for the sake of convience and brevity )

2.

That

the

said

property

described

in

scheduled

abovebelow was owned by Government of Maharashtra. The Government of Maharashtra had issued a Government resolution on 27/04/1973 on behalf of which Government lands can be disposed off. The party of the Second Part being a refugee had made application to the Collector of Pune for grant of said scheduled property on 25/07/2000. Thereafter an enquiry was conducted by Tahsildar and they had submitted their report to the Government of Maharashtra. Thereafter the Government of Maharashtra redirected the proposal for the remarks of the District Collector through Divisional Commissioner, Division Pune. The collector of Pune submitted their report to Revenue and forest Department,

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Maharashtra

State,

Mumbai

through

Divisional

Commissioner, Pune along with the enquiry report.

3.

Thereafter the Government of Maharashtra i.e. Revenue

and

Forest

Department

accorded

sanction

vide

their

memorandum no. 2003/P.K.72/R-7 dated 25/02/2004 in which the request of the party of the second part was considered. Thereafter on the request of Collector, Pune, the deputy Director Town Planning,. Submitted their report on the valuation of the said property based on market value dated 23/03/2004 of Rs. 3,700/- per sq. meter and asked the party of the second part to deposit Rs. 18,94,400/- to the collector Pune. Accordingly the Party of the second part had deposited the said amount in state Bank of India Pune by challan and presented the same to the collector, Pune.

4.

Thereafter the collector, Pune issued a land grant order

no. Refugee/PPt/WS/57/2003 dated 18/11/2004 in favour of the Party of the second part had handed over the possession of the said scheduled property to the party of the second part by executing necessary possession receipt. Accordingly on 16/05/2005 to party of the second part and executing possession receipt. Thus by following all legal formalities and taking into consideration all legal provisions and various laws the said scheduled property was granted to the party of the second part. Thus the party of the second part became owner/holder of the said scheduled property as per the and conditions granted by the Government of Maharashtra.

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5.

That thereafter one Mr Dhanraj Aswani being aggrieved

with the same had filed writ petition before the Hon’ble High Court, Mumbai bearing writ petition no. 3085/2005. But the said Writ petition was dismissed on merit by Hon’ble High Court, Mumbai on 13/10/2005. Thereafter he

filedhe filed

special leave petition bearing no. 25991/2005 before the Hon’ble Supreme Court, Delhi, Butbut the said Special Leave Petition was also dismissed on 04/01/2006.

6.

Thereafter above person preferred an appeal U/s 247 of

Maharashtra Land Revenue Code, 1996, before the Divisional Commissioner, Pune bearing RTS/Appeal/Pune/6/2006 on 31/01/2006.

In

the

said

matter,

the

Additional

Commissioner, Pune allowed the said appeal and set aside order dated 18/11/2004 of the Collector, Pune, allotting the scheduled land to the party of the second part by its order dated 15/01/2007.

7.

Thereafter the Vendor preferred RTS appeal

no.

81/2007 before the Hon’ble Revenue Minister, State of Maharashtra, Mumbai. After hearing the parties the Hon’ble Revenue Minister, State of Maharashtra, Mumbai by its order dated 02/07/2008 set aside the order dated 15/01/2007 ed by the Additional Commissioner, Pune and restored the order of the Collector, Pune dated 18/11/2004.

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8.

Thereafter writ petition no. 6358/2008 was filed Mr.

Dhanraj Aswani before the Hon’ble High Court, Mumbai against

order

02/07/2008.

ed The

said

by Writ

the

Revenue

petition

was

Minister

on

decided

on

05/09/2009 and the Hon’ble High Court, Mumbai had directed by Revenue Minister, State of Maharashtra, Mumbai to re hear the matter. Accordingly case no. 30/2008 proceeded and Hon’ble High Court, Mumbai had directed by Revenue Minister, State of Maharashtra, Mumbai by its order dated 16/06/2009 confirmed the earlier order ed by the Hon’ble High Court, Mumbai had directed by Revenue Minister, state of Maharashtra, Mumbai on 02/07/2008. Thereafter again writ petition before the Hon’ble High Court, bearing no. 5731/2009 has been filed. And Hon’ble High Court has granted interim relief of not creating third party interest in respect of the said property. The said writ petition is pending before the Hon’ble High Court, Mumbai for adjudication.

9.

That in the meantime, Party of the Second Part had got

building plan sanctioned from the office of PCMC by its commencement certificate no. BP/Pimpri/40/2005 dated 30/05/2005. Thereafter the said commencement order was extended from time to time. Similarly on/18/11/2004, Party of the second part had obtained NA order from the office of Collector, Pune by its no. 57/2003 dated 18/11/2004.

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10.

That Vendor Party of the second part through party of

the third part had approached Purchaser to construct building on said property thus Vendor started construction through purchaser on the said scheduled property and which was completed as per sanctioned building plan and as on today there are shops/ offices in the said building consisting of Ground + Two Floors. That the Purchaser party of the third part has carried out construction on the said scheduled property with its own funds hence in leiu of the payment due to purchaser for the construction carried out by him at his cost, The Vendor is selling the said units to the Purchaser..

WHEREAS in the year _____ the Vendor has agreed to sell the said units in building constructed on said unitsproperty to the Purchaser and has accepted the part consideration of Rs. 152,00,000/- (Rs. FifteenTwo lakh only) by way of Chequeash on 15/7/2008 which has been paid by the Purchaser to the Vendor on the various occasions. And the Vendor has received the same.

AND WHEREAS DUE due to to above litigations the Vendor has not yet executed ed final Sale deed in favor of the Purchaser. And now the aforesaid Dispute is believed to be resolved Thus the Purchaser has made all the balance Consideration according to the details of payment Schedule . Hence this Deed.

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NOW THIS SALE DEED WITNESSETH AS AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:1. The Vendor do hereby convey and transfer by way of sale unnto to the purchaser all that piece and parcel of the said units property and which is further more particularly described in the schedule hereunder written TOGETHER with all the things permanently attached thereto or standing thereon and all the privileges, easements, profits, advantages, rights and appurtenances whatsoever to the said units property or any part thereof belonging or anyway appertaining thereto. And all the estate, rights, title, interest, use possession, benefit, claim anand demand whatsoever at law or otherwise of the Vendors to convey and every part thereof TO HAVE AND TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever, subject to the payment of all rents, rates, taxes, assessments, dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the sale of the said property to the Government of Pimpri Chinchwad Municipal Corporation, City Survey Office, Talathi Office or any other public body of local authority in respect thereof.

2. AND the Vendors do hereby agree with the Purchaser that, a. The Vendor has in himself good right, full power and absolute authority to convey and transfer by way of sale, the said piece of properties and the premises hereby conveyed or intended so to be unto and to the use of the purchaser in the manner aforesaid.

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b. Vendor hereby assures unto & to the purchaser that the said units properties are free from all kinds of encumbrances, liabilities, nor the said units properties isare sold or agreed to sale, by way of sale, Mortgage, Lease, Exchange, Gift, Donation, Maintenance, Attachment etc. & is not the subject matter of Family/ Society/ Civil/ Criminal or any court Dispute. The said units properties are not subject matter of acquisition, requisition and/or reservation. No. notice in that behalf had been received by the Vendor. That no other person other than the Vendors have any right, title or interest in the said units properties or any part thereof. c. The Vendor has handed over the possession of the referred said units property described in schedule hereunder written to the purchaser today which possession is accepted by the purchaser and is confirmed by Vendors and the purchaser shall from time to time and at all times hereafter peacefully and quietly enter upon, occupy, or possess and enjoy the said land and premises hereby conveyed with his appurtenances as Owner thereof, and shall hereafter receive the rents, issues and profits thereof and every part thereof for his own use and benefit without any suit, lawful eviction or interruption, claim and demand whatsoever from the Vendor or his heirs or any of them or by any person or persons claiming or to claim from under or in trust for them. d. The purchaser shall hold the said units property free and clear and absolutely acquired, exonerated and forever released and discharged or otherwise held by the Vendor and well and sufficiently saved, defended kept harmless and indemnified or, from and against all former and other estates, titles, charges, encumbrances whatsoever had, made executed, occasioned and suffered by the Vendors or by any other person or persons claiming or to claim by from, under or in trust for them.

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e. The Vendor shall hereby covenants with the purchaser that they shall co-operate with the purchaser in getting her name recorded in the Pimpri Chinchwad Municipal Corporation, in respect of the said units property and shall make herself present as and when required by the concerned Authorities so as to enable the purchaser to get her name recorded in the concerned record. f. The Vendor agrees that he shall at all times hereafter at the cost of the purchaser shall execute all the necessary documents and cause to be done all such further acts, deeds, things conveyance and assurance in law whatsoever for the better and more perfectly granting the rights of the said properties unto and to the use of the purchaser or has nominees shall reasonably require. g. The Vendor has handed over all the necessary documents of the said units property to the purchaser. h. That the Vendor further assures unto and to the purchaser that they have paid till today, property taxes, revenue taxes and duties if any amount in that behalf is found left unpaid the Vendor hereby assures to pay the same without causing any inconvenience to the purchaser. The purchaser from today is liable to pay all the above future taxes. Vendor shalll co-operate & sign necessary documents in respect of the said units property . i. That party of the first part had already paid Rs. 152,00,000/- to the party of the Second part towards part consideration which is to be adjusted as mentioned above from the total consideration being payable towards the purchase of the said units property. j. That in lieu of consideration the party of the First Part i. e Purchaser has and shall pay following

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consideration to the party of the second part i.e Purchaser.

Rs.- 102,00,000/- Paid by cashheque no 305399 on _______15/7/2008 date Drawn on Seva vikas Bank Rs.- 5,00,00024,66,000/- Paid by cheque no 308591 bearing No. 15/7/2008_______ dated Drawn On Seva vikas Bank Rs – 1,50,00,,000/- Paid by the way of incurring cost for construction of the entire building ________________ Total Rs. 1,265,0066,000/- ( Twenty Six Lakhs Sixty six thousand One crore sixty five lakh Only)

3. That entire cost for the construction of the said building is incurred by the Purchaser himself hence the in lieu of payment of construction cost the vendor do hereby set off the balance consideration payable towards purchase of said units. 4. This particular consideration is decided as per existing construction carried out as per sanctioned plan of PCMC as on Today. That party of the Third part haspart has made all the expenses on behalf of party of the second part andpart and consideration to party of the third part and is to be settled with him. Hence he has given consent to the present Sale deed and has signed this as consenting party.

5. All the Parties shall co-operate with each other to implement, execute and finalize the sale proceeds without causing any inconvenience to each other

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6. All the expenses towards stamp-duty, registration charges, advocate fee, typing & all other incidental charges are borne by the Purchaser.

9.

The consideration for the subject properties as envisaged in this Deed is of Rs26,66,000./-. Accordingly Stamp Duty and Registration Charges are paid on the Consideration Value.

SCHEDULE OF THE PROPERTY All the piece and parcel of property bearing City Survey No. 4191, having sheet No. 131 , area easuring 512 Sq. Mtrs., on which construction as per sanctioned plan of PCMC is carried out area total ground floor easuring area about 3184.5 sq.ft . out of which shops bearing no. 4 and 5 each easuring area 181.37 sq.ft & total easuring area 362.74 sq.ft on ground floor, then first floor total easuring area about 3611sq.ft sq.ft each i. e 215 sq.ft , from that Offices bearing no. 5 & 6 total easuring area about 430 sq.ft each i. e total 39.94 sq.mtrs and parking place below the said shops easuring an area about _______ on which the in the building is constructed as __ACE SHOPPIN STREET_____________________named and style as _______________________ which is situated at village Pimpri Waghere (Pimpri Camp), Taluka- Haveli, DistrictPune and within the limits of Pimpri Chinchwad municipal Corporation and within the jurisdiction of Sub- Registrar Haveli. Which properties are Bounded as follows: On or towards the East

: By B- Block, Varanda No. 7, Main Bazaar

On or towards the West

: By PCMC colony road.

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On or towards the North

: By PCMC colony road.

On or towards the South

: By road for residents of B-Block no. 6.

SCHEDULE OF TENAMENT All

that

is

Shops,

offices

and

residential

units

constructed on aforesaid property, in building named …………………. The location , Sr.no and area details of units, which are subject matter of this Sale deed are in the table hereunder , which are as follows:-

Sr.

Particulars

Location

Area

Total Area

no

per

purchased

1.

Toilet

Ground

unit 181.37 181.37

2.

Shops no 1,2,3,8,9

floor Ground

sq.ft sq.ft 181.37 1088.22

3.

and 10 Office no 1, 2,

floor First floor

sq.ft 169.2

sq.ft 338.4

sq.ft 215

sq.ft 1075 sq.ft

4.

Office no 3, 4, 9, 10 First floor

5.

and 11 Residential flat

Second

Parking space

floor Basement

6

sq.ft

below shops purchased

IN WITNESS WHEREOF the Vendor, purchaser & Consenting

party

have

set

and

subscribed

their

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respective hands on this day, month and year first above written.

MR. ANUP PARMANAND JHAMTANI MRS.SARLA DEEPAK DHARMANI PURCHASER

MR. _____________________________VIJAY GOPICHAND RAMCHANDANI VENDOR

MR. ANUP PARMANAND JHAMTANI CONSENTING PARTY

WITNESS:-

1.

SIGN

:-

NAME

:-

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ADDRESS :-

2.

SIGN

:-

NAME

:-

ADDRESS :-