SALE DEED
THIS ARTICLES OF DEED made and entered into at Mumbai, on
this ______ day of August 2023 BETWEEN (1) MRS. ZAINAB
KABIRUDDIN SHAIKH, PAN NO. ERXPS0689R, aged about 37
Years, (2) MR. KABIRUDDIN K. SHAIKH, PAN NO. BGXPS3653K,
aged about 40 years, both adult, Indian Inhabitants presently
residing at Flat No. 208, M Wing, Second Floor, CHANDRESH
RESIDENCY Co. Op. Hsg. Soc. Ltd. Lodha Complex, Mira Road
(East) Thane-401107, hereinafter called the “TRANSFEROR”
[which expression shall unless it be repugnant to the context or
meaning thereof, be deemed to include, their heirs, executors,
administrators and assigns] of the FIRST PART:-
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AND
1) MR. AAMIR MANAZIR SAYED, age 31 years, PAN NO.
CLPPS7212E, an adult, Indian Inhabitant presently residing at
Flat No. C-007, DARSHAN GEETA NAGAR A, Geeta Nagar Phase
No. 1, Near Old Petrol Pump, Mira Road (East) Thane-401107,
hereinafter called the “TRANSFEREES” [which expression shall
unless it be repugnant to the context or meaning thereof, be
deemed to include their heirs, executors, administrators and
assigns] of the SECOND PART:-
WHEREAS:
WHEREAS, 1) MR. M. SAMUEL VARGHESE, 2) MRS. MARY
VARGHESE had purchased the SAID FLAT along with all rights, title
and interest vide an Agreement for Sale Dated 17-04-1992 entered
between M/S. LODHA & KANUNGO DEVELOPERS, at 4th Floor,
Vardhman Chambers, Cawasji Patel Street, Fort, Mumbai-400001
hereinafter referred to as “the Builders” therein and 1) MR. M.
SAMUEL VARGHESE, 2) MRS. MARY VARGHESE herein referred to
as “the Purchasers” therein and the said M/S. LODHA & KANUNGO
DEVELOPERS agreed to sell to 1) MR. M. SAMUEL VARGHESE, 2)
MRS. MARY VRGHESE AND 1) MR. M. SAMUEL VARGHESE, 2)
MRS. MARY VARGHESE herein agreed to purchase from M/S.
LODHA & KANUNGO DEVELOPERS the SAID FLAT being FLAT
NO.208/M-WING, admeasuring area 39.40 SQ. MTR. (BUILT UP) ON
THE SECOND FLOOR OF BUILDING KNOWN AS CHANDRESH
RESIDENCY M CO-OPERATIVE HOUSING SOCIETY LTD. situated
at LODHA COMPLEX, MIRA ROAD (EAST), THANE-401107 (here
referred to as the “SAID FLAT”) at the price and on the terms and
conditions mentioned therein on the land more particularly
described in SCHEDULE written hereunder.
AND the said Original Agreement for Sale Dated 17-04-1992 with
M/S. LODHA & KANUNGO DEVELOPERS lodged for registration at
the office of the Sub-Registrar of Assurances at Thane/Mumbai
under No.PBBM-1529-1992 on 20-04-1992 AND 1) MR. M. SAMUEL
VARGHESE, 2) MRS. MARY VARGHESE had paid entire purchase
price of the SAID FLAT to the said M/S. LODHA & KANUNGO
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DEVELOPERS as per the agreement recited herein before and the
said M/S. LODHA & KANUNGO DEVELOPERS admitted and
confirmed that no amount is due and payable by 1) MR. M. SAMUEL
VARGHESE, 2) MRS. MARY VARGHESE herein in respect of
purchase of the SAID FLAT and 1) MR. M. SAMUEL VARGHESE, 2)
MRS. MARY VARGHESE herein had taken actual possession of the
SAID FLAT.
By an Agreement for Sale Dated 14-02-2006 between 1) MR. M.
SAMUEL VARGHESE, 2) MRS. MARY VARGHESE AND MR.
MOHAMMED RAFIQUE ABDUL SATTAR KHAN, who had purchased
and acquired all rights, title and interest in respect of the SAID FLAT
at and for the total consideration set out therein and on the terms
and conditions mentioned therein and lodged the same for
registration at the office of the Sub-Registrar of Assurances Thane
under No. TNN7-01267/2006 on 21-02-2006 and paid entire
consideration as per the agreement and had taken actual possession
of the SAID FLAT.
By an Agreement for Sale Dated 18-02-2008 between MR.
MOHAMMED RAFIQUE ABDUL SATTAR KHAN AND 1) MR.
SULEMAN MOHAMMED AYUB KHATRI, 2) MRS. HAWABI
MOHAMMED AYUB KHATRI, who had jointly purchased and
acquired all rights, title and interest in respect of the SAID FLAT at
and for the total consideration set out therein and on the terms and
conditions mentioned therein and lodged the same for registration
at the office of the Sub-Registrar of Assurances Thane under
No.TNN4-01733/2008 on 20-02-2008 and paid entire consideration
as per the agreement and had taken actual possession of the SAID
FLAT.
By an Agreement for Sale Dated 28-07-2008 between 1) MR.
SULEMAN MOHAMMED AYUB KHATRI, 2) MRS. HAWABI
MOHAMMED AYUB KHATRI AND 1) MRS. NOORJAHAN ASLAM
KHANZADAH, 2) ASLAM ISMAIL KHANZADAH, 3) SUHEL ASLAM
KHANZADAH, 4) AAFAQUE ASLAM KHANZADAH who had
purchased and acquired all rights, title and interest in respect of the
SAID FLAT at and for the total consideration set out therein and on
the terms and conditions mentioned therein and lodged the same
for registration at the office of the Sub-Registrar of Assurances
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Thane under No.TNN4-06424/2008 on 29-07-2008 and paid entire
consideration as per the agreement and had taken actual possession
of the SAID FLAT.
By an Agreement for Sale Dated 18-01-2010 between 1) MRS.
NOORJAHAN ASLAM KHANZADAH, 2) ASLAM ISMAIL
KHANZADAH, 3) SUHEL ASLAM KHANZADAH, 4) AAFAQUE ASLAM
KHANZADAH AND 1) MRS. HAZRA BI KASAM KHAN, 2) MR. MOHD.
YUNUS KASAM KHAN who had purchased and acquired all rights,
title and interest in respect of the SAID FLAT at and for the total
consideration set out therein and on the terms and conditions
mentioned therein and lodged the same for registration at the office
of the Sub-Registrar of Assurances Thane under No.TNN10-
00823/2010 on 21-01-2010 and paid entire consideration as per
the agreement and had taken actual possession of the SAID FLAT.
By an Agreement for Sale Dated 07-04-2011 between 1) MRS.
HAZRA BI KASAM KHAN, 2) MR. MOHD. YUNUS KASAM KHAN AND
1) MR. FAIYAZUDDIN SHAIKH, 2) MRS. SHAIKH KANEEZ FATIMA
who had purchased and acquired all rights, title and interest in
respect of the SAID FLAT at and for the total consideration set out
therein and on the terms and conditions mentioned therein and
lodged the same for registration at the office of the Sub-Registrar of
Assurances Thane under No.TNN7-02714/2011 on 07-04-2011 and
paid entire consideration as per the agreement and had taken actual
possession of the SAID FLAT.
Whereas, i) Mr. KABIRUDDIN K. SHAIKH ii) Mrs. ZAINAB
KABIRUDDIN SHAIKH, were the owners of Flat bearing No. 208,
located on the Second Floor, in “M” Wing, admeasuring 39.40
Square metres (Built up area), in the Society known as
“CHANDRESH RESIDENCY M CO-OPERATIVE HOUSING
SOCIETY LTD”, situated on N.A. land bearing Survey No. 49/2
Part, lying, being and situate at Village Bhayander, Taluka and
District Thane.
Whereas, i) Mr. KABIRUDDIN K. SHAIKH ii) Mrs. ZAINAB
KABIRUDDIN SHAIKH were jointly purchased the said property
from the i) Mr. Faiyazuddin Shaikh, ii) Mrs. Shaikh Kaneez Fatima,
by and under an Registered Agreement for Sale dated 19.10.2015,
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duly registered in the Office of Sub-Registrar at Thane No. 10,
under Document No. TNN-10-15409/2015, dated 19.10.2015.
Whereas, Mr. KABIRUDDIN K. SHAIKH has gifted his 50% share of
Flat bearing No. 208, located on the Second Floor, in “M” Wing,
admeasuring 19.70 Square metres Built up area out of
admeasuring 39.40 Square metres (Built up area), in the Society
known as “CHANDRESH RESIDENCY M CO-OPERATIVE
HOUSING SOCIETY LTD”, situated on N.A. land bearing Survey No.
49/2 Part, lying, being and situate at Village Bhayander, Taluka
and District Thane to his wife Mrs. ZAINAB KABIRUDDIN SHAIKH,
by and under an Registered Gift Deed dated 04.01.2019, duly
registered in the Office of Sub-Registrar at Thane No. 10, under
Document No. TNN-10-103/2019, dated 04.01.2019.
Whereas, Mrs. ZAINAB KABIRUDDIN SHAIKH became the absolute
owner of Flat bearing No. 208, located on the Second Floor, in “M”
Wing, admeasuring 39.40 Square metres (Built up area), in the
Society known as “CHANDRESH RESIDENCY M CO-OPERATIVE
HOUSING SOCIETY LTD”, situated on N.A. land bearing Survey No.
49/2 Part, lying, being and situate at Village Bhayander, Taluka
and District Thane.
Whereas by an Registered Agreement for sale dated
25.01.2023,duly registered in the Office of Sub-Registrar at Thane
No. 10, under Document No. TNN-10-1440/2023, dated
25.01.2023, i) Mr. KABIRUDDIN K. SHAIKH, ii) Mrs. ZAINAB
KABIRUDDIN SHAIKH, jointly sold the said Flat bearing No. 208,
located on the Second Floor, in “M” Wing, admeasuring 39.40
Square metres (Built up area), in the Society known as
“CHANDRESH RESIDENCY M CO-OPERATIVE HOUSING
SOCIETY LTD”, situated on N.A. land bearing Survey No. 49/2
Part, lying, being and situate at Village Bhayander, Taluka and
District Thane to Mr. AAMIR MANAZIR SAYED.
Whereas, Due to typographical error and mistake occurred on
Registered Agreement for sale dated 25.01.2023, duly registered in
the Office of Sub-Registrar at Thane No. 10, under Document No.
TNN-10-1440/2023, dated 25.01.2023, the name of seller Mr.
KABIRUDDIN K. SHAIKH was wrongly mentioned in the said
agreement, as Mrs. ZAINAB KABIRUDDIN SHAIKH is the sole
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owner of the said property and they have sold out the said property
jointly to the Purchaser Mr. AAMIR MANAZIR SAYED.
B] By an Agreement for sale dated 25/01/2023 executed
between the TRANSFEROR & TRANSFEREE duly registered with
the Registrar of Assurances Sub Registrar at Thane No. 10, under
Document No. TNN-1440/2023, dated 25/01/2023, the
TRANSFEROR have agreed to sell the said Flat to TRANSFEREE for
consideration mentioned as Rs. 32,00,000/- (Rupees: Thirty Two
Lakh Only) out of this THE TRANSFEREES have paid the sum of
Rs. 4,00,000/- (Rupees: Six Lakh Only) before execution of said
Agreement for Sale and kept balance consideration Rs.
28,00,000/- (Rupees: Twenty Eight Lakh Only).
C] AND WHEREAS THE TRANSFEREES on or before execution
of this Sale Deed have paid all the balance consideration of Rs.
28,00,000/- (Rupees: Twenty Eight Lakh Only) to the
TRANSFEROR being the FULL & FINAL consideration money
agreed to be paid as aforesaid (the receipt whereof the
TRANSFEROR have admit and acknowledge and of and from the
same and every part thereof forever acquit release and discharge
THE TRANSFEREES). The TRANSFEROR doth hereby grant, sell,
convey, transfer and assure unto THE TRANSFEREES free from
any encumbrances and reasonable doubts.
D] It has been mutually agreed upon by and between the parties
hereto that there are no dues payable by THE TRANSFEREES to
the TRANSFEROR.
E] The TRANSFEROR hereby peacefully handing over the
possession of the said Flat to THE TRANSFEREES.
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THE SCHEDULE OF THE PROPERTY
ALL THAT Flat bearing No. 208, located on the Second Floor, in “M”
Wing, admeasuring 39.40 Square metres (Built up area), in the
Society known as “CHANDRESH RESIDENCY M CO-OPERATIVE
HOUSING SOCIETY LTD”, situated on N.A. land bearing Survey No.
49/2 Part, lying, being and situate at Village Bhayander, Taluka and
District Thane (Hereinafter referred to as “the said flat”)
IN WITNESSES WHEREOF THE PARTIES HERETO HAVE
HEREUNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS
ON THE DAY AND THE YEAR FIRST HEREINABOVE WRITTEN.
SINGED, SEALD AND DELIVERED ]
The within named “THE TRANSFEROR” ]
(1) MRS. ZAINAB KABIRUDDIN SHAIKH, ]
(2) MR. KABIRUDDIN K. SHAIKH ]
In the presence of …………. ]
1.
2.
SIGNED, SEALED AND DELIVERED BY ]
The within named “THE TRANSFEREES” ]
MR. AAMIR MANAZIR SAYED, ]
In the presence of ……………. ]
1.
2.
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RECEIPT
RECEIVED on or before execution hereof, of and from the within
named TRANSFEREE, a sum of Rs. 32,00,000/- (Rupees: Thirty
Two Lakh Only) being FULL & FINAL PAYMENT paid by them to
us in the following manner:-
Sr.No. Date Amount Che.No./D.D/NEFT Drawn
on
1 23/01/2023 Rs.25,000/- REF.NO.22232300233189 HDFC
Bank
2 30/01/2023 Rs.145000/- 524305 SBI
Bank
3 30/01/2023 Rs.150,000/- 524306 SBIBank
4 31/07/2023 Rs.80,000/- SBIN42321227196
5 31/07/2023 Rs. 28,00,000/- 001859 HDFC
( GIC Housing Finance BANK
Ltd.,
* The Cheques are subject to realization of payment.
Rs.32,00,000/-
WE HAVE RECEIVED
(1) MRS. ZAINAB KABIRUDDIN SHAIKH,
(2) MR. KABIRUDDIN K. SHAIKH
(TRANSFERORS)
WITNESSES: -
1.
2.
