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ATS SARE Tower 11 T11-701 Shyam Gaurav Dec24 RD

Ats

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0% found this document useful (0 votes)
57 views5 pages

ATS SARE Tower 11 T11-701 Shyam Gaurav Dec24 RD

Ats

Uploaded by

dearaks17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 5

AGREEMENT TO SELL AND PURCHASE

THIS AGREEMENT IS EXECUTED AT GURUGRAM ON THIS 3rd of December 2024.

BETWEEN

‘‘Mr. Tenzin Phuntsok (Aadhaar No- 5631 0976 1618 and Pan No.- AOPPP1809R) S/O
Late Naku , R/o Tawang , New Lumla (MOYU) , New Lumla Tawang Lumla , Arunachal
Pradesh- 790106 ’’
(herein after referred to as the ‘Seller’ or the FIRST PARTY);
AND

“ Mrs. Rashmi Sharma W/o Vijay Kumar Sharma (AADHAR-6543 6416 0414 and Pan No.-
HLGPS4163C) R/o 361 , Chattar pur , Chattarpur , South Delh, Delhi -110074’’ and
currently residing at Flat No. E-305, Signature Global – The Roselia Society, Sector 95-A,
Gurugram. (herein after called THE ‘Buyer’ or the SECOND PARTY);

Which expression shall unless it be repugnant to the context of meaning hereof, the terms ‘The
Seller’ and ‘The Buyer’ whenever they occur in the body of this Agreement shall mean and
include their respective heirs, successors, legal representatives, executors, attorneys, assigns,
nominees etc.

WHEREAS the “FIRST PARTY” is allotted and is the absolute legal owner and in possession of
residential Unit No. T-110701 , Tower 11, 7th floor admeasuring 1883 sq ft and parking T-11 -
S012 situated in Green Parc - Crescent Parc Sector 92, Gurgaon (hereinafter called “the Property”
or “Said Property”)

WHEREAS now the Seller for their own bonafide needs and requirements have agreed to sell,
assign, nominate, register and convey all their rights, interest and titles of the above said
Property to the Buyer and Whereas the Buyer has agreed to purchase the above Said Property
along with the right of occupation for a mutually settled Total Sale Consideration of Rs.
1,00,00,000/- (Rupees One Crore Only) as per this agreement to Sale and Purchase.

NOW THIS AGREEMENT WITNESSTH AS UNDER: -

1. That in pursuance of the said agreement, the Buyer has paid a sum of Rs.
15,00,000/-(Rupees Fifteen Lacs Only) to the Seller as an earnest money payment at the
time of signing of this Agreement to Sale and Purchase and this is subject to the
realization of cheque/cash/DD/IMPS/RTGS as per the following details:
Cheque No./IMPS Date Name Bank Amount
/RTGS/DD/CASH/UT
R
335573 30/11/202 Tenzin Phuntsok Yes Rs.
4 Bank 15,00,000/-(Ru
pees Fifteen
Lacs Only)
2. That the balance amount of Rs. 85,00,000/- (Rupees Eighty Five Lacs Only) shall be paid
by the Buyer to the Seller at the time of Registry process on or before 15-Jan-2025.

3. The execution and Registration of the sale deed shall be completed on or before 15-Jan-
2025 (“Due Date”). This “Due Date” can be redefined only if there is any unpredictable
delay due to pandemic, God’s action which lead to absence of either of the PARTY or
unavoidable circumstance like closure/non functionality of court then in that case “Due Date”
can be redefined on a mutual agreeable date with effect of normal course of time.

4. That the Total Sales Consideration includes the amount of EDC/IDC, IFMS, TDS, Security
Deposit, Electricity & Water Connection deposit related to the Said Property.

5. That As required under Section 194 IA of Income Tax Act, 1961, It is Agreed by the
FIRST
PARTY that the SECOND PARTY shall deduct applicable 1% TDS of the Total Transaction
Value and deposit the same in PAN Account of the FIRST PARTY. The SECOND PARTY is
also liable to provide the Form 26QB and the copy of Challan on or before the day of
transfer to the FIRST PARTY.

6. That the Seller will be responsible for clearing all outstanding payments, dues, demand,
taxes, maintenance charges, electricity charges etc. if any against the said property up to the
date of registered on the name of the Buyer and the Seller will provide/get the property id
and clear all the property tax due if applicable.

7. That all charges for Stamp duty, sale deed or Registry charges will be paid by the Buyer.

8. That the Buyer is empowered to get the Said Property Registry of sale deed through
execution of Attorney documents etc. from the Sub-Registrar either in his/her name/s or in
the name/s of its nominee/s or in the name/s of any other person for which the Seller shall
have no objection whatsoever after giving full & Final Payment.

9. That the Seller has assured the Buyer that the said property is free from all sorts of
encumbrances such as sales, lien, gift, exchange, dispute, litigation, attachment, pledge,
mortgaged and decree of any court of law at the time of Registration in favor of Buyer and if
proved otherwise the Seller shall be liable and responsible for the same and the Buyer shall
have the rights to recover the entire amount with cost and expenses from the movables and
immovable properties of the Seller through court of law.

10. That all the keys, documents, receipts, papers etc. in original pertaining to the above Said
Property shall be handed over to the Buyer at the time of registration of Sale Deed in the
Office of Sub-Registrar after the receipt of the Full and final payment to the Seller by the
Buyer.

11. That the Seller has not & will not entered into a similar agreement with any other party prior
to this agreement and pending completion of the sale, the Seller neither shall enter into any
agreement of sale in respect of the said Property or any part thereof nor shall create any
further charge, or any arrangement, in respect of the Said Property in any manner
whatsoever.

11. That if in case the Seller refuses to register the said Property due to any reason, the Buyer shall
have the right to get the double of earnest money within 30 days from the Seller or if in case
the Buyer refuses to register the said property due to any reason then the Seller have a full
right to forfeit the advance paid amount by the Buyer.

12. That the SELLER and the BUYER both confirm & declare that this Agreement is irrevocable
and shall be final and binding on both the parties, their heirs, successors, nominees, executors,
administrators and assigns.

12. The Parties are entering into this Agreement in good faith and after careful contemplation of all
the terms and provisions. Neither Party is entering into this Agreement because of duress,
whether financial or otherwise, nor has any such duress been identified. Neither Party has any
intention of later attempting to contest this Agreement on the basis of any duress, influence or
force. This Agreement is executed voluntarily and without any duress or undue influence. Both
the parties’ i.e. SELLER & BUYER acknowledges that they have read this Agreement and
executed it with their full and free consent and whereas both the Parties hereto have
thoroughly understood the facts of this Agreement in vernacular and admit the same as correct
to their knowledge and undertake to abide by the same.

13. That the property is not subjected to any encumbrances, mortgages, charges, lien, attachments,
claim, demand, acquisition proceedings by Government or any kind whatsoever and should
thereby and the SELLER shall discharge the same from and out of his own fund and keep the
BUYER indemnified.

14. This Agreement shall be construed in accordance with the Indian law and the Parties to submit
themselves to the exclusive jurisdiction of District Courts at Gurugram with respect to any or
all matters arising out of this Agreement.

15. That the second party is fully entitled to get the sale deed executed in his/her name, or name of
any other person / third party for which the first party shall have no objection without any
further recourse.
IN WITNESS WHEREOF, BOTH THE SELLER AND THE BUYER HAVE SIGNED THIS AGREEMENT
TO SELL AND PURCHASE, DAY, MONTH AND YEAR FIRST WRITTEN ABOVE, IN THE PRESENCE
OF THE FOLLOWING WITNESSES: -

WITNESSES: -
1.

First Party/Seller

2 Second Party/ Buyer


.

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