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The document is an Agreement for Sale of Flat No. 302 in Dhanashree Co-operative Housing Society, Kharghar, Navi Mumbai, with a sale price of Rs. 30,32,000 and additional charges for stamp duty and registration. It outlines the parties involved, including sellers and purchasers, and details the property history, including previous ownership and agreements. The agreement is formalized as of April 2023 and includes provisions for the final sale deed upon completion of payment.

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Robin Chalke
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0% found this document useful (0 votes)
9 views23 pages

Afs 1

The document is an Agreement for Sale of Flat No. 302 in Dhanashree Co-operative Housing Society, Kharghar, Navi Mumbai, with a sale price of Rs. 30,32,000 and additional charges for stamp duty and registration. It outlines the parties involved, including sellers and purchasers, and details the property history, including previous ownership and agreements. The agreement is formalized as of April 2023 and includes provisions for the final sale deed upon completion of payment.

Uploaded by

Robin Chalke
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

AGREEMENT FOR SALE

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).

Sale Price: Rs.30,32,000/-


(Rupees Thirty Lakhs Thirty Two Thousand Only)

Carpet Area : 23.48 Sq. Mtrs.

Building Type : G+4 Upper Floors

Stamp Duty : Rs.2,12,240/-

Registration Charges: Rs. 30,000/-

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
2

AGREEMENT FOR SALE (PART AGREEMENT)

THIS AGREEMENT FOR SALE (FIRST AGREEMENT/ PART PAYMENT


AGREEMENT) is made and entered into at Panvel this ……. day of
April, 2023.

BETWEEN

MR. SHRIKANT MOHANRAO PATIL Age …… years, adult, having (Pan


NO. AXLPP6599D) & (Aadhar No. 3244 5565 2455) & MRS. MONIKA
SHRIKANT PATIL Age …… years, adult, having (PAN NO.
BOHPM5769Q) & (Aadhar No. 9454 0315 2390), Indian inhabitant,
residing at Flat No. 302, on 3rd Floor, B-Wing, in the building and society
known as “Dhanashree Co-operative Housing Society Limited”, Plot No.
146, Sector – 13, Kharghar, Navi Mumbai, Tal- Panvel, Dist-Raigad
410210 hereinafter called and referred to as the
“TRANSFERORS/SELLERS” (which expression shall, unless repugnant to
the context or meaning thereof be deemed to include his legal heirs,
executors, assignees and administrators) of the ONE PART.

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

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
3

include their respective legal heirs, executors, assignees and administrators)


of the OTHER PART.

WHEREAS the City and Industrial Development Corporation of


Maharashtra Limited, a government company within the meaning of the
Companies Act, 1956 (hereinafter referred to as ‘the Corporation / CIDCO
Ltd.’) having its Registered Office at ‘Nirmal’, 2 nd floor, Nariman Point,
Mumbai – 400021, is the New Town Development Authority, under the
provision of subsection (3A) of Section-113 of The Maharashtra Regional
and Town Planning Act, 1966 (Maharashtra Act No. XXXVIII of 1966)
hereinafter referred to as the said Act.

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.

AND WHEREAS Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata


Jawahar Sachdev, Shr. Anil Ramchandra Sachdev were seized off and/or
otherwise well and sufficiently entitled to all that piece and parcel of land
lying and situated at Village- Kharghar, Taluka-Panvel, Raigad being Plot
no.146, at Sector-13, area admeasuring 750 Sq. Mtrs within Limits of Cidco.

AND WHEREAS the said Shri. Jawahar Ramchandra Sachdev, Smt.


Hemlata Jawahar Sachdev, Shr. Anil Ramchandra Sachdev have been
allotted the said plot by CIDCO under 12.50% Scheme vide Allotment Letter
Ref No. CIDCO/LAND/18/12.5%/Kharghar/528/2002 dated 13/05/2002.

AND WHEREAS by an Agreement to Lease dated 26th day of November,


2002 made at CBD – Belapur Navi Mumbai, between the Corporation of the
ONE PART and Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata
Jawahar Sachdev, Shr. Anil Ramchandra Sachdev through his POA Shri.
Jawahar Ramchandra Sachdev therein referred to as “the Original
Licensees” of the OTHER PART (thereinafter for the sake of brevity referred
to as “said Agreement to Lease”) the said Corporation agreed to grant to the

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
4

Original Licensees under 12.5% Gaothan Expansion Scheme (GES) a


Lease of all that piece or parcel of land being Plot No.146, in Sector No.13,
Kharghar, Navi Mumbai, admeasuring 750.00 sq.mtrs for Residential
Purpose. The said Agreement duly stamped and registered in the office of
Uran (Panvel-2), having registration no. URAN-8599-2002 dated
29/11/2002.

WHEREAS the said Original Licensees relinquished, released and


transferred all their development rights, titles, benefits, interests, in favour of
M/s. SHREE SHASHWAT CONSTRUCTIONS (referred to as “the New
Licensees”) under the Development Agreement executed on 29/11/2003
between the M/s. SHREE SHASHWAT CONSTRUCTIONS and Shri.
Jawahar Ramchandra Sachdev, Smt. Hemlata Jawahar Sachdev, Shr. Anil
Ramchandra Sachdev through his POA Shri. Jawahar Ramchandra
Sachdev, the Original Licensees for the said Plot no. 146. The said
Development Agreement duly stamped and registered on 29/11/2003 at
Sub-Registrar Uran (Panvel 2), having Registration No. URAN-8602-2003
dated 29/11/2003. Whereas the Corporation has issued a Transfer Order by
their Letter No. CIDCO/VASAHAT/ANA/SATYO/KHARGHAR-61/2004 dated
04/11/2004 in favour of the New Licensees for the Plot No.146, in Sector
No.13, Kharghar, Navi Mumbai.

WHEREAS In pursuance of the said Development Agreement dated


29/11/2003, M/s. SHREE SHASHWAT CONSTRUCTIONS, the Developers
are fully entitled to develop the said plot and to construct the building
thereon for Residential purpose in accordance with the said Agreement.

WHEREAS The Plans, designs and specifications for construction of the


building on the said plot approved by the Corporation and other concerned
authorities in respect thereof.

WHEREAS the CIDCO Ltd. by its Commencement Certificate no.


CIDCO:EE(BP)/ATPO/1168 dated 04/03/2003 granted its permission to

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
5

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.

WHEREAS SHRI. SANTOSH M. RANE & MRS. TRUPTI SANTOSH


RANE had jointly purchased 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) (hereinafter referred as “THE SAID FLAT”)
from M/s. SHREE SHASHWAT CONSTRUCTIONS vide Agreement For
Sale dated 25th February, 2004, which was duly registered at sub registrar
office of Uran (Panvel-2), on dt: 03/03/2005 vide Document No.
URAN/02223/2005 vide Receipt No. 2222.

WHEREAS the said Developers constructed building thereon for


residential cum commercial purpose on the said Plot of land and thereafter
CIDCO Ltd. issued Occupancy Certificate bearing No.
CIDCO/BP/SP/440 dated 16/04/2004.

WHEREAS pursuant to application made by purchasers of units in the


building constructed by the Developers on the said plot for the formation of
Co-operative Housing Society under Maharashtra Co-operative Societies
Act, 1960, the Joint Registrar, Co-operative Societies (CIDCO), Navi
Mumbai registered M/S. DHANASHREE CO-OPERATIVE HOUSING

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
6

SOCIETY LTD. under Registration no.


N.B.O.M./CIDCO/HSG(O.H)/2290/JTR/2006-2007 on 17/07/2006 as Co-
operative Housing Society under Maharashtra Co-operative Societies Act,
1960.

WHEREAS Pursuant to Society registration, Conveyance Deed (Deed of


Assignment) was made and entered at Panvel dated 30/12/2009 between
Shri. Jawahar Ramchandra Sachdev, Smt. Hemlata Jawahar Sachdev,
Shr. Anil Ramchandra Sachdev through his POA Shri. Jawahar
Ramchandra Sachdev and M/S. DHANASHREE SANKUL CO-
OPERATIVE HSG SOCIETY LTD., and was duly registered under serial
no. PVL1-00028-2010 dated 02/01/2010 under receipt no 29.

WHEREAS the Corporation has Issued a Final Transfer Order by their


Letter no. CIDCO/VASAHAT/SATYO/KHARGHAR/ 528 /2011 dated
16/11/2011 in favour of “M/S. DHANASHREE CHS LTD” (hereinafter
referred to as “the Society”), Plot no.146, Sector-13, Kharghar, Navi
Mumbai as the New Licensee for said plot.

WHEREAS the Society issued Share Certificate No. 34 of 10 fully paid up


shares of Rs.50/- each having distinctive numbers from 331 to 340 in the
name of MR. MAHENDRA VASANT SONAVANE who is second owner
of said flat dated 26.02.2012 in respect to said FLAT and hence it was
duly endorsed by them.

WHEREAS MR. MAHENDRA VASANT SONAVANE had purchased 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) (hereinafter
referred as “THE SAID FLAT”) from SHRI. SANTOSH M. RANE & MRS.
TRUPTI SANTOSH RANE vide Agreement For Sale dated 8th September,

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
7

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.

WHEREAS MR. SHRIKANT MOHANRAO PATIL & MRS. MONIKA


SHRIKANT PATIL had purchased 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) (hereinafter referred as “THE
SAID FLAT”) from MR. MAHENDRA VASANT SONAVANE vide SALE
DEED dated 14/02/2018 which was duly registered at sub registrar office
of Panvel-3, on dt: 14/02/2018 vide Document No. PVL-3/1313/2018 vide
Receipt No. 1632.

WHEREAS Cidco by its Letter ref no.


CIDCO/VASAHAT/SATYO/KHARGHAR/528/2018/23812 dated
22/02/2018 issued Final Order in name of Seller herein.

WHEREAS the Transferors/Sellers is the absolute allotee / owner of the


said share certificate and in possession of property/flat mentioned in
schedule II and also is fully seized and possessed of the necessary
document relating thereto and further entitled to transfer and assign of their
full rights title and interest in respect of the said flat to and in favor of the
transferee for valuable consideration as agreed herein in these presents.

AND WHEREAS the Transferors have represented to the Purchasers that


they have been holding the above said Flat on ownership basis and are
desirous of transferring their/his right, tittle and interest in the said Flat. The
final Sale Deed will be prepared and executed at the time of making

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
8

balance full and final payment as per terms and condition mentioned
below;

AND WHEREAS The Transferees herein have approached the


Transferors for the purchase of the said Flat along with said shares, along
with his right in respect of the said flat, including right to purchase and as a
member of the said Co-op. Housing Society Ltd.

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)

Date Transaction Details Amount


17/04/2023 Rupees Fifty-One Thousand only paid Rs.51,000/-
vide Cheque bearing no. 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 Rs. 16,00,000/-
cheque bearing no. 000002 drawn on
HDFC Bank Dadar West Branch in
favour of MR. SHRIKANT
MOHANRAO PATIL
Total Rs.16,51,000/-

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
9

b) The Transferees/Purchasers shall pay to the Transferors/Sellers the


balance sum of Rs. 13,81,000/- (Rupees Thirteen Lakhs Eighty One
Thousand Only) by raising loan from any Bank/Branch and/or by
personal fund which is expected to be completed within 60 working
days from the date of execution of this Agreement for Sale or such
extended time as mutually agreed between the Transferors/Sellers
and the Transferees/Purchasers and/or after receiving Transfer NOC
& Mortgage NOC from Cidco Ltd.

NOW THIS AGREEMENT TO SELL (FIRST AGREEMENT / PART


PAYMENT AGREEMENT) WITNESS AS FOLLOWS:

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.

2. The Transferors hereby represents and covenant with the Transferees


as follows: -

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 ,

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
10

regarding the said flat is charged by any department regarding


the said flat, the Transferors will pay the same or reimburse the
same to the Transferees for the period till the Transferors was in
occupation of the said flat i.e. till the execution and registration of
the final sale deed.

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;

d. That the Transferors has not created or purported to create any


tenancy, license, charge, lease, lien or any kind of third party
rights over the said flat and the said shares and no other person

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
11

or party have any right, title or interest, claim or demand in to or


upon the same either by way of mortgage, gift, trust, inheritance,
lease or otherwise and that the same are free from all
encumbrances and there is no pending litigation of any kind
whatsoever and further that the Transferors shall so long as this
agreement is valid, not enter into any agreement/writing with any
third party or any person for sale, mortgage or exchange or for
creating any rights of whatsoever nature in respect of the said
flat and the said shares;

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).

f. The Transferors/Sellers do hereby covenant that there are no


suits, litigations or any proceedings pending thereby affecting
interest and rights of Transferors and /or Transferees over the
said Flat and shares.

g. The Transferors/Sellers covenants with the


Transferees/Purchasers that they shall not do any act, deed or
thing creating any charge, lien or encumbrance in respect of the
Schedule Property during the subsistence of this Agreement.

h. That the Transferees on payment of the entire consideration


amount to the Transferors & after the execution and registration
of the final sale deed, shall be entitled to peacefully and quietly
hold and own the said flat and the said shares and all incidental
rights thereto including the right to enter upon and remain in

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
12

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;

i. That the Transferors has duly complied with observed performed


with all the Rules, Regulations and Bye-Laws of the said Society
and that the Transferors has neither received any notice from the
said Society for or in relation to any breach of any of the Rules,
Regulations and Bye-laws of the said Society nor are there any
actions or proceedings pending against the Transferors
instituted by the said Society or by any member of the said
society in respect of the said flat and the said shares including
any notice or action for expulsion or termination of the
Transferors as the member of the said society;

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.

k. The Transferors/Sellers hereby assure the


Transferees/Purchasers that they have absolute power to convey
the same and there are no encumbrances, liens, charges,
Government dues, attachments, acquisitions , or requisition,
proceedings (subject to loan pendency).

l. That the Transferors herein doth hereby indemnifies and keep


indemnified the Transferees against any defect in title, omission,

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
13

or mischief of any person wrongfully claiming any right, title or


beneficial interest in the said flat and/or the said shares or
compensation, claim, demand, fines, penalties, costs, charges
and expenses or any other liabilities whatsoever made or
bought, against or incurred, suffered, levied or imposed
pursuant to the transfer thereof under the terms of this
Agreement and/or by reason or by virtue of the non-performance
and non- observance of any of the terms and conditions of the
Agreement, covenants and provisions by the Transferors.

m. The Transferors/Sellers declare that they shall handover all the


Original Documents, receipts etc to the Transferees /Purchasers
or directly to the Bank from where the Transferees/Purchasers
have raised loan which are required for the disbursement of the
loan in respect of the said premises.

n. The Transferors/ Seller undertake to indemnify and keep


indemnified the Transferees/Purchasers for any past liablity or
default on the part of the Transferors / Sellers and shall also
provide No Dues Certificate from his Bank for outstanding loan.

o. The Transferees/Purchasers shall have the right to nominate or


assign their right under this agreement to any person/persons of
his/her choice and the Transferors/Sellers shall execute the Sale
Deed as per terms and conditions of this Agreement for Sale in
favour of the Transferees/ Purchasers or his nominee or
assignee.

p. It is hereby expressly provided and agreed by the parties hereto


that both parties are entitled to force specific performance of the

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
14

agreement against each other in case of breach of any


conditions mentioned in this agreement.

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.

5. The Transferors hereby agrees that he will execute or cause to be


executed any other agreement, deeds, documents or writings in
consonance with this Agreement To Sell (First Agreement/ Part
Payment Agreement) if required for absolute transfer of the said flat and
said shares in favour of the Transferees after receiving the full and final
payment and execution & registration of 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

SELLER-1 SELLER-2 PURCHASER-1


PURCHASER-2
15

together with deposits if any standing in the name of Transferors to the


name of the Transferees.

8. The Transferors hereby agrees to execute and help in transferring name


in MSEB, Mahanagar Gas authority, CIDCO, Panvel Municipal
Corporation etc., which are standing in the name of / to the credit of the
Transferors.

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

SELLER-1 SELLER-2 PURCHASER-1


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16

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.

13. The Transferees hereby covenant with the Transferors as follows: -

a. That the Transferees, as after receiving the possession


regularly pay to the said Society and all concerned
authorities the monthly out goings and all dues
payable in respect of the said flat, and said shares.

b. That the Transferees shall observe and perform and abide


by the bye- laws, rules and regulations of the said Society
from time to time in force.

c. The transfer charges payable to the said Society in


respect of the transfer of the said flat and shares to the
name of the Transferees shall be shared by the
Transferors and Transferee jointly and equally.

d. The stamp duty and registration charges, if any, on all


documents pertaining to the sale and all other expenses of
and / or relating to the sale shall be borne and paid by the
Transferees alone save and except that each party shall
bear and pay the fees of their respective Advocates.

15. Termination Clause:

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17

A] Notwithstanding all the terms & conditions of this


agreement to sell if the Transferors unilaterally withdraws
from this transaction then in such event the Transferors has
to inform the Transferees about his intention by serving a 30
days advance notice communicating his intention to withdraw
and will further refund to the Transferees all the money ie
token amount and Earnest Amount received from the
Transferees along with interest @ 12% per annum from the
due date of payment till the date of realization.

B] If the Transferees unilaterally withdraws from this


transaction due to non sanctioning of home loan because of
not getting relevant documents from the Transferors then in
such event the transferees has to inform the Transferors
about their intention by serving a 30 days advance notice
communicating their intention to withdraw and the
Transferors will refund the Transferees all the money i.e.
token amount and Earnest Amount received from the
Transferees along with interest @ 12% per annum from the
due date of payment till the date of realization.

C] If the Transferees unilaterally withdraws due to any other


reason Transferees are entitled to refund from the
Transferors of only money ie token amount and Earnest
Amount paid to the Transferors without any interest.

D] Further the Transferors will cooperate and co-ordinate with


the Transferees jointly and equally bear all the expenses for
refund of Registration charges & Stamp Duty from the
competent authority in case of cancellation of deal midway.

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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.

18. Time is the Essence of Contract for both the parties.

19. All the notices to be served on “the Transferees/Purchasers” as


contemplated by this Agreement shall be deemed to have been duly
served if sent to “the Transferees/Purchasers” by registered post or under
certificate of posting at their address as specified above in title.

20. This Agreement shall always be subject to the provisions contained in


the Maharashtra Ownership Flats Act. 1963 and the Maharashtra
Ownership Flats Rules. 1964 and/or as amended up to date or any other
provisions of Law applicable thereto.

21. This Agreement is in accordance with the provisions of the Indian


Contract Act, the Transfer of Property Act and other applicable laws.

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

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shall have exclusive jurisdiction to entertain any dispute arising out or in


any way touching or concerning this deed.

FIRST SCHEDULE OF PROPERTY

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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:-

ON THE NORTH BY : Plot No.149

ON THE SOUTH BY : 7.0 Mtr. Wide Road

ON THE EAST BY : 11.0 Mtr. Wide Road

ON THE WEST BY : Plot No.147

SECOND SCHEDULE OF THE PROPERTY/FLAT

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.

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SIGNED AND DELIVERY BY THE


WITHIN NAMED “TRANSFERORS/SELLERS

MR. SHRIKANT MOHANRAO PATIL ………………..

MRS. MONIKA SHRIKANT PATIL ..…..…………..

SIGNED AND DELIVERY BY THE


WITHIN NAMED “TRANSFEREES/PURCHASERS”

MR. AASHISH MANSUKHLAL JANI ………………..

MRS. HEENA AASHISH JANI


NEE HEENA KANAIYALAL JOSHI ………………..
In the presence of………………

1………………………………….

2………………………………….

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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

Date Transaction Details Amount

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)

MR. SHRIKANT MOHANRAO PATIL

MRS. MONIKA SHRIKANT PATIL

Witnesses;

1.

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2.

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PURCHASER-2

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