SALE AGREEMENT THIS AGREEMENT
OF SALE is
made on this … day of …
BETWEEN 1) Mr. Baldev Ramnarayan, son of Mr. Ramnarayan Chellaram aged about 64 yeears. 2) Mrs. Sheila Baldev wife of Mr. Baldev Ramnarayan aged about 5 years.
both residing at !o."4, !o."4, #efen$e $olony, 6th main, %% Stage %ndiranagar Bangalore & 56' '(). *+! of Mr. Baldev Ramnarayan %-6 /"0 B)6 *+! of Mrs. Sheila Baldev %-6 /"0 S(5 1ereinaft 1ereinafter er $alled the “VENDORSS” whi$h term and e23ression shall whenever and wherever the $onte2t so reuires be deemed to mean and in$lude in$lude their their heirs, heirs, e2e$utors e2e$utors,, administ administrator rators, s, legal legal re3resent re3resentative ativess and assigns of the FIRST PART.
AND …………
1ere 1erein inaf afte terr refe referr rred ed to as the the PURCHASER whi$h whi$h e23re e23ressi ssion on shall, shall, wherever the $onte2t so reuires or admits, mean and in$lude, his heirs, e2e$utors, administrators and assigns of the
OTHER P PART
WITNESSES AS FOLLOWS:
17R7+S the 3ro3erty bearing old !o.", /old !o."8"0 Sam3angi an9 Road, Bangalore originally belonged to Sri. :ordhan Bhai C. *atel he having 3ur$hased the same under a sale deed dated ;<"'<"4) registered
as do$ument !o. "==', Boo9 %, in the -ffi$e of the SubRegistrar, Civil and Military Station, Bangalore. 17R7+S the said *ro3erty was 3artitioned between the Sri. :ordhan Bhai C. *atel, his son *rashanth >umar *atel and two daughters Chetana *atel and ru3ti *atel as 3er the final de$ree 3assed in .-.S. =68"; on the files of the = nd +dditional Civil ?udge, Bangalore. 17R7+S the final de$ree was duly registered on ('<)<")' as do$ument !o. =";4, =";5, =";6 and =";; in Boo9 %, in the -ffi$e of the SubRegistrar, :andhinagar, Bangalore 17R7+S in the 3artition above said, Smt. Chetana *atel was allotted an e2tent of "','"; s.ft and under a S3e$ial !oti$e !o. MR8");8)')" + /a0 4( >R 4(8)')" dated ""<"=<")', the +ssistant Revenue -ffi$er, Shiva@inagar Range of the then Cor3oration of the City of Bangalore, registered the 9hata of her share by allotting a new number "8( and the share allotted to Smt. Chetana *atel with the new 9hata number is morefully des$ribed hereunder and hereinafter referred to as the S$hedule A+ *ro3erty. 17R7+S in this manner, the said Mrs. Chetana. . *atel be$ame the the absolute owner of the S$hedule A+ *ro3erty + !# 17R7+S, the Mrs. Chetana. . *atel entered into a develo3ment agreement dated =5<"<"( with M8s Ro$9line Constru$tions /hereinafter referred to as BD%E#7RS0 and formulated a s$heme for the $onstru$tion of a multistoreyed residential $om3le2 9nown as FMulberry EaneG /7ast0 in a$$ordan$e with the 3lan san$tioned vide E.*.!o.=58(4 issued by the Commissioner, Cor3oration of City of Bangalore. + !# 17R7+S 3ursuant to the said s$heme, undivided share in S$hedule A+ *ro3erty was agreed to be sold in favour of the 3ros3e$tive *ur$hasers
who se3arately $ontra$ted with the Builders for the $onstru$tion of the +3artments. 17R7+S one Sri. Mr. D3ama9a Raghunath Rao, son of #r. D3ama9a Brahm@i Rao, had @oined the said s$heme as 3ros3e$tive *ur$haser and be$ame the owner of the immovable 3ro3erty being =5;'8="='th undivided share, right, title H interest in the land $om3rised in the S$hedule A+ *ro3erty and the a3artment bearing !o.:= in the :round Iloor, measuring =5;' S.It. together with one reserved $ar 3ar9ing s3a$e, a servant uarters in the basement and e2$lusive 3rivate garden measuring a33ro2imately "''' s.ft in the multistoreyed building 9nown as FMulberry EaneG /7ast0 by virtue of sale #eed dated "; th ?une "6 registered as !o."''586; in Boo9%, Jol.4(4), *ages =6 to ((, in the offi$e of the SubRegistrar, :andhinagar, Bangalore, e2e$uted by the said Smt. Chetana . *atel re3resented by her 3ower of attorney +slam Ka9ria Sait and the a3artment was assessed to Muni$i3al a2 and allotted a se3arate new !o."8(", Iort Road, Sam3angiramanagar, Bangalore whi$h 3ro3erty is morefully des$ribed in S$hedule AB hereunder and hereinafter referred to as S$hedule AB *ro3erty 17R7+S the said Sri. Mr. D3ama9a Raghunath Rao, son of #r. D3ama9a Brahm@i Rao, by the registered sale deed dated =;<"=<" registered in the offi$e of the SubRegistrar, :andhinagar, Bangalore as do$ument !o. (=))8"=''' in Boo9 %, Jolume 4654, at 3ages =( to =4), sold the S$hedule AB *ro3erty in favour of the Jendors herein for valuable $onsideration 17R7+S in this manner, the Jendors have be$ome the absolute owners of the S$hedule AB *ro3erty and their names have been entered in the 9hata register of the then Bangalore City Cor3oration and now Bangalore Mahanagara3ali9e and S$hedule AB *ro3erty is allotted the *ro3erty %# number as ;;5"8(".
the Jendorss have negotiated with the *ur$haser for the sale of the sub@e$t to mutually agreed terms and $onditions and both the 3arties 3ro3ose to redu$e the terms of the sale agreement in writing. 17R7+S the on being a33roa$hed by the *ur$haser, the Jendors have offered to sell S$hedule AB *ro3erty for a total sale $onsideration of Rs. ……..8 LRu3ees ……..-nly and the *ur$haser has agreed to 3ur$hase the same
NOW THEREFORE THIS INDENTURE WITNESSETH
hat in 3ursuan$e of the above and in $onsideration of Rs. ……..8 /Ru3ees ………only0 3aid by the *ur$haser to the Jendors in the following manner. By $heue bearing !o….issued by 1#IC ban9 in favour of the Jendors. the re$ei3t of whi$h sums the Jendors herein hereby a$9nowledge as having been re$eived and a$uit the *ur$haser from ma9ing any further 3ayment, the Jendors do hereby sell, grant, transfer, $onvey and assign unto and to the *ur$haser absolutely and free from all en$umbran$es, the S$hedule FBG *ro3erty namely immovable 3ro3erty being =5;'8="='th undivided share, right, title H interest in the land $om3rised in the S$hedule A+ *ro3erty and the a3artment bearing !o.:= in the :round Iloor, measuring =5;' S.It. together with one reserved $ar 3ar9ing s3a$e, a servant uarters in the basement and e2$lusive 3rivate garden measuring a33ro2imately "''' s.ft in the multistoreyed building 9nown as FMulberry EaneG /7ast0, whi$h is now 9nown as and bearing $or3oration
!o."8(",
Iort Road,
Sam3angiramanagar, Bangalore,
Cor3oration ard !o.;;, Bangalore having *ro3erty %# !o ;;5"8(" with rights to 3ass through all the $ommon 3assage leading to the main road and amenities, +BS-ED7E +!# I-R7J7R and - 1+J7 1-E# and to 7!?- the same and every 3art thereof unto and to the use of
the *ur$haser absolutely free from all en$umbran$es.
+!# that the Jendors do hereby de$lare that he, the Jendors are the true, lawful and absolute -wners of the S$hedule FBG *ro3erty and that the Jendors have not a$ted in any manner with the result that su$h right is $urtailed. +!# in 3arti$ular, the Jendors do hereby de$lare that the S$hedule FBG *ro3erty is free from all en$umbran$es, liens, $harges lease or Court 3ro$eedings and that all ta2es levied u3 to the date in res3e$t thereof have been 3aid and Jendors underta9es to dis$harge any su$h amount found levied or leviable u3to this date +!# that the *ur$haser shall be the absolute -wner of the said +3artment sub@e$t to the rights, restri$tions and liabilities herein below set out +!# that it shall be lawful for the 3ur$haser from time to time and at all times hereafter 3ea$efully and uietly to hold under u3on o$$u3y, 3ossess and en@oy the S$hedule FBG *ro3erty hereby granted, $onveyed, transferred and assured with their a33urtenan$es and re$eive the rents, issues and 3rofit thereof and of every 3art thereof to and for his own use and benefit without any suit, lawful evi$tion interru3tion $laim and demand whatsoever from or by the Jendors or their su$$essors and assigns or any of them from or by any 3erson lawfully or euitably $laiming or to $laim under or in trust for them or any of them. +!# IDR71R that the Jendors and all 3ersons having or lawfully or euitably $laiming any estate, right, or interest at law or in euity in the S$hedule FBG *ro3erty hereby granted, $onveyed, transferred and assured or any 3art thereof by from under or in trust of it the Jendors shall and will from time to time and at all times hereafter at the reuest and $ost of the *ur$haser do and e2e$ute or $ause to be done and e2e$uted all su$h further and other lawful and reasonable a$ts, deeds, matters, things, $onveyan$es and assuran$es in law whatsoever for the better further and more 3erfe$tly and absolutely granting unto and to the use of the further
and more 3erfe$tly and absolutely granting unto the use of the *ur$haser in the manner aforesaid as shall or may be reasonably reuired by the *ur$haser in manner aforesaid as shall or may be reasonable reuired by the *ur$haser its su$$essors or assigns or its or their Counsel in law for assuring the said S$hedule FBG *ro3erty and every 3art thereof hereby granted, $onveyed transferred and assured unto and to the use of the *ur$haser in manner aforesaid. +!# the Jendors doth so far as relates to its own a$ts and deeds on but not further or otherwise doth hereby $ovenant with the *ur$haser that the Jendors hath not at any time heretofore made, done, e2e$uted, omitted or 9nowingly or willingly 3ermitted, suffered or been 3arty to 3rivy to any a$t, deed, matter or thing whereby or by reason or means whereof it is 3revented from $onveying, transferring and assuring the said S$hedule FBG *ro3erty in manner aforesaid or whereby or by reason or means whereof the same or any 3art thereof $an, shall or may be $harged, en$umbered, im3ea$hed or 3re@udi$ially affe$ted in estate title otherwise howsoever.
1. RIGHT OF THE PURCHASER
%n the $ourse of -wnershi3 and en@oyment of S$hedule AB *ro3erty and the said +3artment, the *ur$haser shall have the following rights< a0
Iull right and liberty for the *ur$haser and all 3ersons authoriNed or 3ermitted by the *ur$haser /$ommon with all other 3ersons entitled, 3ermitted or authorised to the li9e right0 at all times by day and night to go, 3ass and re3ass the stair$ase and the 3assage inside and outside the building wherein the said +3artment is lo$ated on the S$hedule F+G *ro3erty.
b0 Iull right and liberty to the 3ersons referred to su3ra in $ommon with all other 3ersons with or without motor $ars or other 3ermitted
vehi$les at all times, by day and night to go, 3ass and by3ass over the land a33urtenant to the buildings the S$hedule F+G *ro3erty. $0
he right to sub@a$ent and lateral su33ort, shelter and 3rote$tion from the other 3arts of the building wherein the said +3artment is lo$ated and from the said and roof thereof.
d0 he right to free uninterru3ted 3assage of running water, soil, gas and ele$tri$ity from and to the said +3artment and the building wherein the said +3artment is lo$ated through the sewers, drain and water $ourses, $ables and wires whi$h now are, or may at any time hereafter be, in, under or 3assing through the said building or any 3art thereof
e0
he right of 3assage for the *ur$haser and the *ur$hasers +gents or wor9men to the other 3arts of the building wherein the +3artment is lo$ated and also to the water tan9s for $leaning, re3airing or maintaining the same at all reasonable times after ta9ing $onsent from the 3erson a33ointed by the +sso$iation of +3artment -wners formed for maintenan$e.
f0
Right to lay $ables or wires through $ommon walls or 3assage for radio, television, tele3hone and su$h other installations and with the 3ermission of +sso$iation of +3artment -wners drawing $ables through $ommon areas however, having due regard to the similar rights of the other -wners of +3artments.
g0 Sub@e$t to 3ayment for $ommon fa$ilities and servi$es the right to en@oy the $ommon servi$es and fa$ilities 3rovided in the buildings $onstru$ted on the S$hedule A+ *ro3erty. h0 he right to use in $ommon o3en areas around the buildings $onstru$ted area, the entran$e area of su$h buildings and the $ommon terra$e of su$h buildings /other than terra$e e2$lusively allotted to any s3e$ifi$ 3erson0 without right to ere$t any stru$ture thereon.
i0
+bsolute ownershi3 and 3ossession of the said +3artment
2. RESTRICTIONS ON THE RIGHT/S OF THE PURCHASER:-
he *ur$haser shall be bound by the following restri$tions and $ovenants in the $ourse of ownershi3 and en@oyment of the said +3artment. a0 !ot to raise any $onstru$tion in addition to the said +3artment. b0 !ot to use or 3ermit the use of the said +3artment in a manner whi$h would diminish the value, utility of the 3i3es, $isterns and other $ommon amenities 3rovided in the buildings $onstru$ted on the S$hedule A + A*ro3erty. $0 !ot to use the s3a$e in the land left o3en after the $onstru$tion of the buildings on the s$hedule A+ o3en *ro3erty for 3ar9ing any vehi$le not use the s3a$e left o3en after the $onstru$tion of the building on the S$hedule A+ *ro3erty in a manner whi$h might $ause hindran$e for the free ingress to or egress from any 3art of the building or from the S$hedule A+ *ro3erty. d0 !ot to $onstru$t any thing in the land a33urtenant or the s3a$e meant as garden8lawn. e0
!ot to store any materials in the terra$e and 9ee3 the terra$e $lean.
f0 o be bond by the rules and regulations governing the use of the $ommon fa$ilities as may be determined by the +sso$iation of +3artment -wners formed for maintenan$e.
=. EPENSES TO BE BORNE B! THE PURCHASER: "0 he 3ur$haser has borne the stam3 duty and registration $harges towards the 3resent sale deed. =0 he *ur$haser shall bear all e23enses relating to the said +3artment in$luding internal maintenan$e, Cor3oration ta2 relating thereto.
he
*ur$haser shall also bear 3ro3ortionate share of the $ommon e23enses, the 3ro3ortion being the su3er built area of the +3artment on the S$hedule F+G *ro3erty.
SCHEDULE "A# PROPERT!
+ll that 3ie$e and 3ar$el of immovable 3ro3erty now 9nown and bearing 9hata number "8(, situated at Iort Road, Sam3angiramanagar, Bangalore Mahanagara3ali9e #ivision !o. ;(, Bangalore with the total site area of "','"; s.ft and bounded on the 7ast
*rivate 3ro3erty
est<
*rivate 3assage and 3ro3erty of Smt. ru3ti *atel
!orth<
*rivate 3assage and Ra@aram Mohan Roy Road H *rivate 3ro3erty
South<
Ran9a *ar9.
SCHEDULE "B# PROPERT!
+ll that 3ie$e and 3ar$el of immovable 3ro3erty being =5;'8="='th undivided share, right, title H interest in the land $om3rised in the S$hedule A+ *ro3erty and the a3artment bearing !o.:= in the :round Iloor, measuring =5;' S.It. together with one reserved $ar 3ar9ing s3a$e, a servant uarters in the basement and e2$lusive 3rivate garden measuring a33ro2imately "''' s.ft in the multistoreyed building 9nown as FMulberry EaneG /7ast0, whi$h is now 9nown as and bearing $or3oration
!o."8(",
Iort Road,
Sam3angiramanagar, Bangalore,
Cor3oration ard !o.;;, Bangalore having *ro3erty %# !o ;;5"8(" with rights to 3ass through all the $ommon 3assage leading to the main road and amenities, and bounded.
-n the 7ast by
< Ram3 leading to the Basement
-n the est by
< Common 3assage and est Blo$9
-n the !orth by
< Common 3assage
-n the South by
< Common lobby H Ilat !o.:".
PARTICULARS
he total site area of the s$hedule 3ro3erty wor9s out to "=' S.It. he building was $onstru$ted and $om3leted in the year "45 with burnt bri$9s and $ement 3laster. %t has R.C.C. roofing, Mosai$ flooring.
%! %!7SS 17R7-I the *arties have set their hands to this deed of sale agreement on the day, month and the year first above written. %!7SS7S < ".
J7!#-RS "
J7!#-RS =
=.
*DRC1+S7R
