Afs 1
Afs 1
of
Flat No. 302, on 3rd Floor, B-Wing, in the building known as
“DHANASHREE” and society known as “Dhanashree Co-operative Housing
Society Limited”, being constructed on land bearing Plot No. 146, Sector –
13, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad 410210, with area
admeasuring about 252.70 Sq.Ft Carpet area ( 23.48 Sq.Mtrs Carpet Area).
BETWEEN
AND
MR. AASHISH MANSUKHLAL JANI, Age ……. years, adult, having (Pan
NO. ALIPJ1320P) & (Aadhar No. 2750 1477 1557 ) & MRS. HEENA
AASHISH JANI NEE HEENA KANAIYALAL JOSHI, Age……..years, adult,
having (Pan NO. AHJPJ4305K) & (Aadhar No. 3661 1890 6881) both are
Indian inhabitants, residing at FLAT NO.2505, B-WING, 25 TH FLOOR,
SHREEJI VILLA CHS LTD, T.H KANTARIA MARG, OPP-GANGA VIHAR
HOTEL, MATUNGA WEST, MAHIM, MUMBAI-400016 hereinafter called
and referred to as the “TRANSFEREES/PURCHASERS” (which expression
shall, unless repugnant to the context or meaning thereof be deemed to
AND WHEREAS the State Government has acquired lands within the
designated area of Navi Mumbai and vested the same in the Corporation by
an order duly made on that behalf as per provision of Section 113 of the Act.
commence the construction work on the said plot subject to the terms and
conditions as contained therein.
WHEREAS The Building Being constructed on the said plot shall be known
as “DHANASHREE”.
WHEREAS The Developer alone had the sole and exclusive right to sell the
shop / flat in the said building to be constructed on the said plot and thereon
to enter into agreement with the purchaser’s of the said shop/flat etc and to
receive the sale price in respect thereof.
2011, which was duly registered at sub registrar office of Uran (Panvel-2),
on dt: 08/09/2011 vide Document No. URAN/08176/2011 vide Receipt No.
8290 & vide SALE DEED dated 23/06/2013 which was duly registered at
sub registrar office of Panvel-5, on dt: 23/06/2013 vide Document No. PVL-
5/3323/2013 vide Receipt No. 3461.
balance full and final payment as per terms and condition mentioned
below;
AND WHEREAS The Transferors has agreed to sell all his right, title and
interest in the said Flat along with said shares and furniture and fixture
attached thereto (the list of the same is attached separately) to the
Transferees herein for a total consideration of Sale Price: Rs.30,32,000/-
(Rupees Thirty Lakhs Thirty Two Thousand Only) and on the terms and
condition hereinafter appearing
a)
1. The recital mentioned above herein and terms and condition mentioned
below herein are to be treated as an integral part of this Agreement, and
the Transferors/Sellers hereby confirms all the above representations
made to the Transferees/Purchasers as true and correct.
a. That the Transferors has duly pay and discharged in full all the
dues and liabilities in respect of the said flat including the
Property Tax , CIDCO Tax, Municipal outgoings, taxes, rates,
Society maintenance charges or any Dues , cable charges,
electricity charges etc. payable to the said society up to the date
hereof and the Transferors shall pay all the dues till the date the
possession of the said flat is given to the Transferees. That
Transferors agrees and undertakes that if any retrospective tax /
Property tax, Electricity Bills/Arrears, CIDCO taxes, Phone Bills,
Society Maintenance Charges or Dues , Cable Charges ,
b. That the Transferors is the sole and absolute owner of the said
flat and the said shares duly standing in the names of the
Transferors in the books and all other records of the said society
and the Transferors is absolutely entitled to the same and to all
incidental rights thereto and to exclusive rights to the use,
enjoyment and occupation of the said Flat and except the
Transferors no other person or persons have any right, title,
interest, claim or demand of any nature whatsoever unto or upon
the said premises;
c. That neither the Transferors nor any one on his behalf has
committed or omitted to do any act, deed, matter or thing
whereby his holding of the said shares and incidental rights
thereto including the right to the peaceful use, occupation,
ownership and enjoyment of the said flat and other rights and
benefits in respect thereof may become or may be prejudicially
affected or encumbered in any manner or whereby the said
shares and his other right, title and interest therein may become
liable to attachment and/or sale whether by a decree or order of
the Competent Court or otherwise;
e. That as on date the title of Transferors/ Seller over the said Flat
is free and marketable and no other person except the
Transferors /Sellers have any right ,claim or demand of the said
Flat (subject to loan pendency).
sole occupation and enjoyment of the said flat and/or any part
thereof in the Transferees own right without any interference
disturbance, interruption, claim or demand whatsoever from the
Transferors, his heirs and/or any person or persons lawfully and
equitably claiming by from, though, under or in trust for the
Transferors;
j. That the Transferors has not received any notice for acquisition
or requisition of the said flat and/or the said shares from any
Court or government or competent authority.
3. The Transferors hereby agrees to grant, assign, transfer and assure all
his right, title and interest in the said flat along with said shares in
favour of the Transferees.
4. The Transferors has agreed to hand over the physical possession of the
said flat to Transferees after receiving the full and final payment and
after the execution & registration of the final Sale Deed.
6. The Transferors hereby agrees that upon receiving full and final
payment and execution & registration of final Sale Deed, he agrees to
execute or cause to be executed and hand over the transfer forms and
all documents and writings as may be required under the Maharashtra
Co- operative Society Act, 1960. The Maharashtra Co-operative
Societies Rules, 1961 and the bye-laws of the said Society for the
effectual transfer of the said flat and said shares with all deposits and
meters in respect of the said flat and said shares to the name of the
Transferees.
7. Upon receiving the final payment and execution & registration of final
Sale Deed, the Transferors hereby agrees to execute and hand over to
the Transferees and / or to the said Society a letter addressed to the
said Society requesting them to transfer the said flat and the said shares
9. The Transferors further hereby agrees and undertake that after receipt
of the payment and execution & registration of final Sale Deed as
agreed hereinabove, he will from time to time and at all times
hereafter and at the request and cost of the Transferees herein or his
successors, assigns or counsel in law, the Transferors shall do and
execute and / or procure or cause to be done, executed or procured all
documents and such deeds and writings whatsoever for the assurance
in law and better and more perfectly transferring the right, title, interest
and benefit in the said flat and every part thereof and the said shares to
the use and benefit of the Transferees as aforesaid.
10. After making the full and final payment and execution & registration of
final Sale Deed as agreed, the Transferees are entitled to have and hold
the said flat and the shares, together with all deposits and amounts lying
to the credit of the Transferors in the said Society’s account, for, unto
and to the use and benefit of the Transferees, their successors and
assigns forever and without any lien, charge, interest, demand or claim
of whatsoever nature from the Transferors or any person or person
claiming through him.
11. On execution of this Agreement and upon receipt of full and final
payment and execution & registration of final Sale Deed, as aforesaid
the Transferees are entitled to apply to the membership of the said
Society and for the transfer of the said flat and to get the shares transfer
in their name. The Transferors hereby agrees to sign and execute all
such forms, documents or writings as may be required for the said
purpose as and when required.
12. The Transferees shall pay to the said Society and all concerned
authorities the monthly out goings and all other dues in respect of the
said flat from the date of handing over the possession to him.
16. Force Majeure: In the event of any Force Majeure conditions like Act
of God, Pandemic, Epidemic, Fire, Earthquake , Explosion, War , Extra
ordinary weather conditions, unfavourable government policy or any other
situation which is beyond the control of either parties then both parties
will have an option of extending the date for Final Registration of the Sale
Deed or Cancelling the Agreement for Sell and in that event the
Transferees are entitled to the refund of amounts paid along with stamp
duty & registration charges.
17. It is hereby expressly provided and agreed by the parties hereto that
both parties are entitled to enforce specific performance of the agreement
against each other in case of breach of any conditions mentioned in this
Agreement.
22. The Transferors shall attend the office of the Sub-Registrar at Panvel,
Navi Mumbai and admit the execution of these present lodges and/or to
be lodged for the registration by the Transferees.
23. That the transaction has taken place at Kharghar, Navi Mumbai,
Taluka-Panvel, Dist-Raigad and as such, Panvel, Navi Mumbai Courts
All that the piece or parcel of land known as Plot No.146, in Village: Kharghar,
Sector-13 of 12.5% GES Scheme, containing by admeasuring 750.00 sq.mtrs.
of thereabout and boundaries of the said Plot No.146 are as follows :-
THAT IS TO SAY:-
Flat No. 302, on 3rd Floor, B-Wing, in the building known as “DHANASHREE”
and society known as “Dhanashree Co-operative Housing Society Limited”,
being constructed on land bearing Plot No. 146, Sector – 13, Kharghar, Navi
Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 252.70
Sq.Ft Carpet area ( 23.48 Sq.Mtrs Carpet Area)
IN WITNESS WHEREOF, the parties, hereto have set their respective hands on
the date, month and year herein above first mentioned in the presence of the
following witnesses.
1………………………………….
2………………………………….
RECEIPT
RECEIVED the sum of Rs. 16,51,000/- (Rupees Sixteen Lakhs Fifty One Thousand only) from, the
Transferees above named, as part payment against the total sale price of Rs.30,32,000/- (Rupees Thirty
Lakhs Thirty Two Thousand Only) in respect of transfer of membership rights Flat No. 302, on 3rd
Floor, B-Wing, in the building known as “DHANASHREE” and society known as “Dhanashree Co-
operative Housing Society Limited”, being constructed on land bearing Plot No. 146, Sector – 13,
Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad 410210, with area admeasuring about 252.70 Sq.Ft
Carpet area ( 23.48 Sq.Mtrs Carpet Area).
MODE OF PAYMENT
17/04/2023 Rupees Fifty-One Thousand only paid vide Cheque bearing no. Rs.51,000/-
871903 drawn on SVC Co-operative Bank Ltd Borivli (E) Branch in
favour of MR. SHRIKANT MOHANRAO PATIL
26/04/2023 Rupees Sixteen Lakhs paid vide cheque bearing no. 000002 drawn Rs. 16,00,000/-
on HDFC Bank Dadar West Branch in favour of MR. SHRIKANT
MOHANRAO PATIL
Total Rs.16,51,000/-
We say received
Rs. 16,51,000/-
(Rupees Sixteen Lakhs Fifty-One Thousand only)
Witnesses;
1.
2.