Draft without
DEED OF CONVEYANCE
THIS DEED OF CONVEYANCE IS MADE & EXECUTED AT PUNE ON
THIS
DAY OF THE MONTH IN THE YEAR 2024.
BETWEEN
Mr. Sanjay Revansiddha Bhave. Age: 45 Yrs, Occ.: Business,
(PAN No. AASPB3586A) (UID No. 5075 0021 5051)
Residing at: B-1003, Kapil Abhijat Society, Near Kirloskar Cummins, Dhahanukar
Colony, Kothrud, Pune - 411 038.
Hereinafter referred to as VENDOR / TRANSFEREE (which expression unless
repugnant to the context or meaning thereof shall mean and include their
respective heirs, executors, administrators and assigns)
...PARTY OF THE FIRST PART
AND
Sudarshan Paalavi Sahakari Gruhrachana Sanstha Maryadit, cooperative
housing society formed and registered under the provisions of The Maharashtra
Cooperative Societies Act, 1960, bearing registration no.
PNA/PNA(2)/HSG/(TC)/26167/2023-2024; having its Reg. office at Plot No. 2,
S. No. 34/2, Beverely Hills, Pan card Club Road, Baner, Pune – 411045, through
its representatives which are appointed as per the Resolution passed in its General
Body Meeting dated :
A) CHAIRMAN,
Mr. ,
Age: years, Occupation: Residing at _--
B) SECRETARY,
Draft without
Mr.
Age: years, Occupation: Residing at:
.
C) MANAGING COMMITTEE MEMBER,
Mr. _
Age: years, Occupation: Residing at: _.
Hereinafter referred to as "Society / Assignee / Transferee" (Which
expression unless repugnant to the context or meaning thereof shall
mean and include his/her/their successors, survivors, legal
representative, administrators, executors and assigns) … PARTY OF
THE SECOND PART
AND
1) Sudarshan Alliance,
a Regd. Partnership Firm, (PAN No. ACLFS2316Q)
Through Its Authorized Partners-
a) Mr. Sanjay Revansiddha Bhave Age: 45 Yrs, OCC.: Business,
(PAN No. AASPB3586A) (UID No. 5075 0021 5051)
b) MRS. RENUKA SANJAY BHAVE. Age: 41 yrs, Occ.: Business.
(PAN No. AGMPB4922A) (UID No. 4034 6904 2557)
(a) and (b) both Residing at: B, 1003, Kapil Abhijat Society,
Near Kirloskar Cummins, Dhahanukar Colony, Kothrud, Pune - 411
038.
Hereinafter referred to as "Developer/Promoter/ Consenting Party"
(Which expression unless repugnant to the context or meaning thereof
shall mean and include the person/s who constitute/s to be the
partners of the said partnership firm, its present and future partners,
their executors, administrators and assigns etc.)
…PARTY OF THE THIRD PART
WHEREAS; all that piece and parcel of land bearing S.No.34 Hissa
Draft without
No.2 totally admeasuring 01 H. 79 R assessed at Rs. 3.44 Ps. (for the
sake brevity and convenience hereinafter referred to as the “said
entire land”) situated at Revenue village Baner, Taluka Haveli, Dist
Pune, within the limits of Sub Registrar Haveli Offices, and within
the limits of Pune Municipal Corporation, said entire land owned by
one Mr. Chandrakant Vithoba Murkute, who acquired same by
partition with his family members.
AND WHEREAS; the said entire land purchased by Mr. Anil
Nemichand Bafana, Mr. Dilip Nemichand Bafana, Mr. Rajendra
Nemichand Bafana, and Mr. Pradip Nemichand Bafana, from said
Mr. Chandrakant Vithoba Murkute vide (Sathekahat) Agreement to
sale, dated 11/03/1988, registered in the office of Sub Registrar
Haveli No. 1, Pune, at serial no.3823/1988, and thereafter Sale Deed
was executed on 02/08/1988 and registered in the office of Sub
Registrar Haveli No. 1 at serial No.11205/1988 and by virtue of said
Sale Deed dated 02/08/1988 name of said Mr. Anil Nemichand
Bafana, Mr. Dilip Nemichand Bafana, Mr. Rajendra Nemichand
Bafana, Mr. Pradip Nemichand Bafana, duly mutated in the revenue
record vide mutation entry No.4699, being the Owners of said entire
land.
AND WHEREAS; the said Mr. Anil Nemichand Bafana, Mr. Dilip
Nemichand Bafana, Mr. Rajendra Nemichand Bafana, and Mr. Pradip
Nemichand Bafana have prepared the private layout of the said entire
land and carved out the various Plots. That, the piece & parcel of
designated plot No.2; as per private layout having its area
admeasuring about 0 H 5.62 R i.e. 562 sq.mt. out of said entire land
admeasuring 01 H .79 R, situated at Survey No.34 Hissa No.2 at
village Baner, Taluka Haveli, and Dist. Pune within the limits of Sub
Registrar Haveli Offices, and within the limits of Pune Municipal
Corporation, more particularly described in SCHEDULE-1 written
herein under and herein after referred to as the “said property”.
Thereafter said Mr. Anil Nemichand Bafana, Mr. Dilip Nemichand
Bafana, Mr. Rajendra Nemichand Bafana, and Mr. Pradip Nemichand
Bafana have agreed to Sale the said property to Mr. Samir Vinay
Deorukhkar and Mrs. Priyashree Samir Deorukhkar vide Sale Deed
Draft without
dated 19/01/1994, registered in the office of Sub Registrar Haveli No.
4; at serial No. 393/1994, and by virtue of said Sale Deed Dated
19/01/1994; the name of said Mr. Samir Vinay Deorukhkar and Mrs.
Priyashree Samir Deorukhkar were duly recorded in revenue record
vide mutation entry No.6993, being the owners of said property.
AND WHEREAS; Village Baner came under the extended limits of
the Municipal Corporation of the City of Pune, vide the notification
no. PMC 3096/1798/CR 259/UD-22, dated 11/09/1997, issued under
section 3(3) of the Bombay Provincial Municipal Corporation
Act,1949, by the Government of the State of Maharashtra, published
in Maharashtra State Gazette, Part. I-A, Extra-ordinary.
AND WHEREAS; as per the Final Regional plan of Pune region,
which came into force w.e.f. 10/02/1998, the said Entire Land has
been categorized in residential zone.
AND WHEREAS; Mr. Samir Vinay Deorukhkar and Mrs.
Priyashree Samir Deorukhkar got the said property regularized under
the provision of the Gunthewari Act, 2001, vide Regularization
Certificate dated 10/08/2004 bearing No. 0038985 from Pune
Municipal Corporation.
AND WHEREAS; said Mr. Samir Vinay Deorukhkar and Mrs.
Priyashree Samir Deorukhkar has decided to develop the said
property and accordingly have assigned development rights of said
property in favour of Mrs. Tejaswini Narendra Panse vide
Development Agreement dated 24/05/2004 registered with the office
of Sub Registrar Haveli No. 15 at serial No.2097/2004 on 29.05.2004
and in pursuant of the same, the Power of Attorney was registered at
serial No.2098/2004 on 29/05/2004.
AND WHEREAS; thereafter said Mrs. Tejaswini Narendra Panse
sold the said property in favour of Mr. Nandlal Mohanlal Mantri vide
Sale Deed dated 01/07/2011; registered in the office of Sub Registrar
Haveli No. 5; at serial No.6262/2011, and by virtue of said Sale Deed
dated 01/07/2011, the name of said Mr. Nandlal Mohanlal Mantri,
was duly mutated in revenue record by mutation entry No.18247,
Draft without
being the owner of said property.
AND WHEREAS; subsequently, the Vendor / Transferor herein,
has purchased the said plot No.2, having area admeasuring 0H 5.62 R
i.e. 562 sq. mt. out of total land admeasuring 01 H .79 R, situated at
Survey No.34 Hissa No.2, for consideration of Rs. 80,00,000/-
(Rupees Eighty Lakhs Only) vide Sale Deed, dated 14/06/2012,
registered with the office of Sub-Registrar Haveli No. 10 at Sr. No.
6948/2012. In virtue of the said transaction the name of the Vendor /
Transferor, was mutated in the revenue records vide Mutation Entry
No.18885 dated 27/07/2012.
AND WHEREAS; the Vendor / Transferor, has decided to develop
the said property on his own skill, and accordingly has formed the
partnership firm under the name of “SUDARSHAN ALLIANCE”
and registered the same on 22/08/2013; under the provisions of Indian
Partnership Act.
AND WHEREAS; the said property is beyond the limits of the
agglomeration under the said Urban Land (ceiling and regulation)
Act, 1976 and hence the said Act has no applicability.
AND WHEREAS; the permission to use Non-Agriculture use of the
said property has been granted by the Sub Divisional Officer, Pune
District, Pune, vide its order Ref. No. NA/SR/II/695/2012, dated
14/05/2013.
AND WHEREAS; the authenticated copies of Certificate of Title
issued by the attorney at law or advocate of the Vendor / Developer,
authenticated copies of Property card or extract of Village Forms VI
and VII and XII or any other relevant revenue record including the
NA Order showing the nature of the title of the Vendor
/ Developer to the project land on which the Apartments are
constructed have been annexed hereto and marked as “Annexure-A”
respectively.
AND WHEREAS; thereafter the Vendor / Developer has appointed
Draft without
an Architect and planned to utilize the entire available potential
towards the said property and decided to construct building project
under the name and style as “PAALAVI”; consisting of total 12
(Fourteen) number of units to be constructed in phase-wise manner
and accordingly, have prepared the building Plan and submitted the
same for approval with Pune Municipal Corporation (PMC).
AND WHEREAS; the Vendor / Developer have caused sanction the
building plan; vide commencement certificate bearing No.
CC/0247/14, dated 28/04/2014 and completed construction of parking
plus 4 (Four) floors consisting of total 8 (Eight) number of units and
decided to utilize the balance FSI in second phase and have obtained
the requisite completion / occupancy certificate from PMC on
29/04/2017 vide Completion Certificate No. OCC/0218/17 and the
same is annexed hereto and marked as “Annexure-B.
AND WHEREAS; Vendor / Developer have got the building and
layout plans sanctioned / approved from PMC vide Commencement
Certificate No. CC/0247/14, dated 28/04/2014; which were revised on
January 01, 2021; vide Commencement Certificate No. CC/2303/21
and permitted to construct the residue 4 units upon the upper 5 th & 6th
floors of the said building project. Subsequently, the Vendor /
Developer has completed the construction as per the revised
sanctioned plan and in order to finalize the same, has submitted final
plan for the approval of PMC on 22/06/2023; accordingly, the
PMC has approved the said building plans vide Commencement
Certificate No. CC0688/2023.
AND WHEREAS; while sanctioning the building plans, the
concerned authority and/or the Government has laid down certain
terms, conditions, stipulations and restrictions which are to be
observed and performed by the Vendor / Developer; while developing
the said project on the said property and the said building/s and upon
the due observance and performance of which only the completion or
occupancy certificate in respect of the said building/s shall be granted
by the concerned local authority.
Draft without
AND WHEREAS; the Vendor / Developer have accordingly
commenced and completed the construction of the said entire project
“PAALAVI” in accordance with the layout and building plans
sanctioned by the Pune Municipal Corporation and within the
timelines stipulated under law and contract, Vendor / Developer have
applied for and obtained the full occupancy certificate from PMC vide
Occupancy Certificate bearing No. OCC/0472/2023 dated
07/08/2023; and the same is annexed hereto and marked as
“Annexure-C”. The authenticated copies of the plans of the Layout
as approved by the concerned Local Authority have been annexed
hereto and marked as “Annexure-D”.
AND WHEREAS; the Vendor / Developer have furnished
photocopies of all the requisite documents; including the all the
statutory disclosures thereof relating to the said building project, to
the intending purchasers / the members of the Society; as per the
provisions specified under the Real Estate (Regulation and
Development) Act, 2016 read with the Maharashtra Real Estate
(Regulation and Development) (Recovery of Interest, Penalty,
Compensation, Fine Payable, Forms of Complaints and Appeal, etc.)
Rules, 2017 and regulations there under.
AND WHEREAS; the Vendor / Developer have executed various
agreements as per Section 4 of the Maharashtra Ownership of Flats
Act, 1963 and Section 13 of The Real Estate (Regulation and
Development) Act, 2016 with the members of the said Society /
Transferee; being flat / unit purchasers in the Project, a copy of the
Index II of all the flats/units in the said Project is annexed hereto as
“Annexure-E”.
AND WHEREAS; as per the provisions of law, the Vendor /
Developer have formed and registered a cooperative housing society
of all the unit purchasers of the Project ‘PAALAVI” under the name
and style “Sudarshan Paalavi Co- operative Housing Society Limited”
and obtained the registration Certificate thereof; bearing no.
PNA/PNA(2)/HSG/(TC)/26169/2023-24 dated 23/10/2023. A
copy of the society registration certificate is annexed hereto as
Draft without
“Annexure-F”.
AND WHEREAS; the Vendor is the absolute owner and is in legal
possession of the said Property. The physical possession of the
respective flat / unit is with the respective flat / unit purchasers. The
charge of the entire project, the land and the structures and all
appurtenants thereto have been handed over to the Society /
Transferee who is maintaining the same. Members of Society /
Transferee are satisfied with their respective flats which are hereby
confirmed and the Society / Transferee is also satisfied with all the
amenities, benefits, etc. provided and confirms that all responsibilities
of the Vendor / Developer have been duly fulfilled to their
satisfaction.
AND WHEREAS; the Society / Transferee convened General Body
Meeting and passed Resolution on / /2024 in the society vide
Resolution No. for getting the conveyance of the project along with
the property, more particularly described in Schedule written
hereunder in its favour, and accordingly the present Conveyance Deed
is being executed by the Vendor in favour of the Society / Transferee.
The Copy of the said resolution is annexed herewith as “Annexure-
G”.
AND WHEREAS; Vendor is now desirous of conveying the entire
Project along with said Property in favour of the Society / Transferee
as required under law for time being in force.
NOW THEREFORE THIS DEED OF CONVEYANCE
WITNESSES AS UNDER:
1. All the statements made in the recitals hereinabove are deemed
incorporated in this operative part of this Deed of Conveyance. It is
not necessary to repeat the same and shall be deemed to have been
incorporated therein.
2. In pursuance of the present Deed of Conveyance and in consideration
as aforesaid, the Vendor hereby grants, conveys, sells, assigns and
Draft without
transfers unto the Society / Transferee, the Property, more particularly
described in the Schedule hereunder written along with
construction/structure standing thereupon being one building
consisting of 12 residential apartments (as per sanctioned Plan) in the
Project known as “PAALAVI” by consuming FSI admeasuring
710.63 sq meters built-up, along with all amenities, facilities,
landscape, Electrical Meter Room, etc., and all common constructed
areas, like terraces, lifts, landings, staircases, walls, boundary wall,
gate, etc. without any restriction or reservation, the project being
more particularly described in Schedule hereinunder written.
3. Vendor has handed over the peaceful and physical possession of the
said Property along with all the appurtenants thereto and the entire
Project to the Society / Transferee herein on the date of execution
hereof.
4. The Vendor herein fully and completely empowers the Society /
Transferee, to have and to hold the said property described in
Schedule-1 along with the Project more particularly described in
Schedule-2 hereunder written and all singular and other premises
hereby granted, conveyed, transferred, assigned, released and assured
or intended so to be with their rights, members and appurtenances into
and of the use and benefit of the Society / Transferee forever. No
individual Allottee/ member, shall claim the exclusive rights over any
of the common areas and open spaces e.g. Common road, Water
Reservoir, Upper Terrace, Garden, lobbies, staircases, lifts, lift room,
society room, etc. save and except on specifically allotted areas like,
attached terrace, parkings, etc.
5. That, the Unit Purchasers / Members of the Society / Transferee
agrees to pay all rents, taxes, assessments, rates, dues and duties
payable/chargeable in respect of the said Property and the Project to
the concerned Government
/ Semi-Government or other concerned body/s and/or authority/ies. All such
rents, taxes, assessments, rates, dues and duties payable/chargeable in
respect of the Property prior to the date of issuance of Occupation
Certificate have been paid by the Vendor.
Draft without
6. The Society / Transferee shall look after and maintain at its cost the
structure standing upon the said Property hereby conveyed to it
including all common areas, amenities and facilities of the project
including CCTV, gates, etc. with effect from handing over the affairs
to the Society.
7. It shall be lawful for the members of the Society / Transferee from
time to time and at all times hereafter to enter upon, possess and enjoy
the said Property and the said project respectively, peacefully and
quietly and to receive all rents, issues and profits and of every part
thereof to and for their own use and benefit without any reservation,
suit, lawful eviction, interruption, claim and demand whatsoever for
and/or by the Vendor and/or by any persons lawfully or equitably
claiming through them.
8. The structure which is being conveyed pursuant to the present Deed
of Conveyance is particularly shown in the approved building plans.
9. The Vendor will do their best & extend necessary co-operation in all
forms in order to mutate the name of the Society / Transferee in to the
Records of Right Column of 7/12 Extracts & other revenue records in
respect of the Property and Project at the cost of the Society /
Transferee.
10. Details of FSI consumption as per the sanctioned plans dated
28/04/2014 bearing Commencement Certificate No. CC/0247/14,
which was revised on 01/11/2021 as per Commencement Certificate
No. CC/2303/2021 and subsequently, finalized on 22/06/2023 bearing
Commencement Certificate No. CC0688/2023, are as under:
Particulars FSI of the FSI in Sq. mtrs.
Project.
Total FSI available for the 712.74 Sq. meters.
project
Total FSI Consumed for 710.63 Sq. meters.
the project
Total Balance FSI 9.28 Sq. meters.
available
Draft without
That, upon the execution and registration of these presents and as per
the provisions of law, the Society / Transferee herein after become the
absolute owner of the said property along with the structure standing
thereupon and all the appurtenant thereto and hereinafter, are entitled
for any of the FSI in respect of the said Property which is made
available in any form of whatsoever nature and are absolutely entitled
to use and utilize the entire potential being absolute owner thereof.
11. The Vendor confirms that its title of the subject property and the
Project is clear and marketable as recorded in the individual
agreements with allottees. The Vendor / Developer hereby declares
and assures that save and except the charge created by the Flat / Unit
holders in respect of their own respective Flats / Units; with financial
institutions; for raising funds for purchase of the said Flat / Unit over
the said property and the building constructed thereon and/or claims
of any person/s against individual flat purchasers, is absolutely free
from all charges and encumbrances based on the fact that the Vendor /
Developer has neither sold nor mortgaged nor gifted nor charged nor
subjected to any contractual and/or equitable rights to anybody, nor
the same is the subject matter of any dispute before any courts or
Authorities, nor is the same acquired, requisitioned or reserved for
any public purpose by any Public or Local Authority or any
Government- Central or State, nor any notices in that behalf have
been issued or received by the Vendor / Developer.
12. The details of the unit Purchasers and their respective flats, attached
terraces, and other restricted common areas for independent
apartments provided to them, agreements, registration details, stamp
duty paid details, etc. are contained in “Schedule-3” and the
individual Index II’s are also annexed hereto as “Annexure-E”. The
Society / Transferee confirms that the persons stated in the schedules
hereinunder written are the present holders of the respective flats and
shall alone be responsible for any mis- representation or mistake
therein.
13. The Vendor / Developer has handed over all documents of title,
Draft without
accounts, etc. to the Society / Transferee, and Society / Transferee
hereby confirms receiving the same and having scrutinized the same
have found them to be in order.
14. The Vendor / Developer hereby declares that, out of total 12 units/
flats / apartments, the Vendor / Developer have sold the total 11
units / flats / apartments and hereby reserving the right to sell the
remaining 1 unit / flat / apartment No. 601 to the intending purchaser
by accepting the consideration thereof and upon sale of the said
remaining unit / flat / apartment No. 601, the prospective purchaser
shall be entitled to become the member of the Society / Transferee
and shall abide by the bye-laws of the Society / Transferee. The
Society / Transferee shall not be entitled to charge any transfer
charges at the time of sale of the said unit / flat / apartment no. 601;
from the Vendor / Developer. The Society / transferee shall require to
grant the membership and the Share Certificate in favour of the
prospective purchaser by accepting the membership charges thereof.
15. All the unit / flat purchasers in the Project have paid their required
stamp duty by separate agreements under the Maharashtra Stamp Act,
1958. The necessary registration fees has also been paid at the time of
registration of the respective Agreement for sale and in case of resale
of units / flats by Agreement of Assignment (Transfer), Deed of
Assignment or Transfer by whatsoever legal mode, by every
individual member in the office of Sub Registrar Haveli Pune.
Notwithstanding the above, in the event any additional stamp duty is
payable, the same shall be paid by the Society / Transferee alone.
16. The Promoter shall transfer, grant, convey and assign by sales
absolutely unto the Society herein forever said project property with
all their rights, title and interest, use, inheritance, estate, property
benefit, claim and demand whatsoever at law and equity together with
all the appurtenances whatsoever and together with all the deeds,
documents and writings relating to the same TO HAVE AND TO
HOLD all and singular the said land hereby granted, conveyed and
assured unto the Society herein forever and absolutely.
17. The Promoter hereby for themselves, successors, executors &
Draft without
administrators and persons claiming through them, covenant with the
Purchasers that notwithstanding any acts, deeds, matters and things
whatsoever done or caused to be done; if any, by owners and the
Promoters herein or any person claiming through them made, done,
committed or omitted or knowingly suffered to the contrary in respect
of the said land property, the promoters herein have in themselves
good title, full power and absolute authority to grant, convey and
assure the said land hereby granted, conveyed and assured to the use
of Purchasers And always indemnified Purchaser Society from all
such claims, encumbrances with the costs and consequences, if any
relating to the said land.
18. The Promoter further agree and undertake that from time to time and
at all times hereafter, whenever required by the Purchaser Society, at
the costs of the Promoter/Builder, to do or cause to be done all such
further acts, deeds, matters and things and to execute and cause to be
executed all further documents, application, affidavits, forms and
writings as may be necessary, proper and expedient for absolutely and
effectively transferring the said building and said property in favour
of the Purchaser Society as mentioned in this Deed. In particular, the
Promoter/Builder will attend before the Sub-Registrar of Assurances
and lodge and admit execution of this Deed of Conveyance.
19. The Promoter has promised to the Purchaser Society to co-operate &
sign wherever needed on the Revenue Records, Record of Rights on
7/12 extract, MSEDCL, Municipal Taxes records, etc., without
demanding any consideration.
20. This Deed of Conveyance will be binding upon the legal heirs,
assignees, legal representatives, trustees, etc., of the promoter as well
as purchaser society and if any claim or litigation arises on the side of
promoter, successors, assignees, trustees & legal representatives of
Promoter in respect of the title of the land & building, then Promoter
will pay all the expenses of the same & purchaser society will not be
bare any expenses of the same.
SCHEDULE -1
Draft without
(Description of “Said Property” referred above)
All that piece & parcel of designated Plot No.2; as per private layout,
having its area admeasuring about 0 H 5.62 R i.e. 562 sq.mt.
consisting of entire available development potential in the form of
permissible built-up area of 712.74 sq. mtrs. out of the total land area
admeasuring 01 H .79 R, situated at Survey No.34 Hissa No.2 at
village Baner, Taluka Haveli, and District Pune within the limits of
Sub Registrar Haveli Offices, and within the limits of Pune Municipal
Corporation, bounded as follows:-
On or towards East: - By S. No.33,
On or towards South: - By Private Plot No.3, On or
towards West: - By 20 ft. common Road, On or
towards North: - By Private Plot No.1.
Along with the earth, stone, water, trees and all easementary rights,
herein above referred to as said property.
SCHEDULE -2
(Description of “PROJECT” referred above)
The project consists of a single building known as "PAALAVI”
consisting of a Parking plus 6 floors including upper common terrace,
consists of total 12 flats; being constructed by consuming FSI
admeasuring 710.63 sq meters built-up, including common areas and
facilities of elevator, Battery backup for lift & common areas, Car
parking (except the parking specifically allotted to the Unit
Purchaser), Advanced automated water level and pump controlling
system including water tank/s, landscape, Electrical Meter Room,
etc., and also includes all common constructed areas, like terraces,
lifts, landings, staircases, walls, boundary wall, gate, etc..