AGREEMENT FOR SALE
THIS AGREEMENT is made on this …….. Day of ………………, 2025
(Two Thousand Twenty-Five).
BETWEEN
(1)
(1) SRI RISHAV KEDIA (PAN - DNBPK1065G), S/o Shiv Dayal Kedia,
Hindu by faith, Indian by nationality, Businessman by occupation,
residing at Village – Palojori, P.O. – Palojori, P.S. - Palojori, District -
Deoghar, State – Jharkhand, PIN - 814146,
(2) SRI SAMBHU NATH KEDIA (PAN - ADLPK7943G), S/o Late Badri
Prasad Kedia, Hindu by faith, Indian by nationality, Businessman by
occupation, residing at House No. 55, Village – Palojori, P.O. – Palojori,
P.S. - Palojori, District - Deoghar, State – Jharkhand, PIN - 814146,
Hereinafter jointly called the 'OWNERS/VENDORS' (which expression
shall unless excluded by or repugnant to the context include their heirs,
executors, administrators, legal representatives and assigns) of the
FIRST PART.
AND
(1) SRI SONKAR PAPPUBHAI CHHOTELAL (PAN - CEDPS7836F),
S/o Chhotelal Sonkar, Hindu by faith, Indian by nationality, Businessman
by occupation, residing at 105, Pragati Apartment, Viram Nagar, Near
Akhand Anand College, Ved Road, Surat, Gujarat – 395004 and
(2) BABY SONKAR (PAN – CJGPS6057Q), W/o Sonkar Pappubhai
Chhotelal, Hindu by faith, Indian by nationality, Housewife by
occupation, residing at 101, 25/264/1, 2nd Floor, Rosemary Lane,
Howrah, West Bengal - 711101,
hereinafter collectively called as the “PURCHASERS” (which
expression shall unless excluded by or repugnant to the context or
subject be deemed to mean and include his heirs, executors,
administrators, successors, legal representatives and assigns) of the
THIRD PART.
WHEREAS by a registered Deed of Conveyance dated 9th day of
May, 2016 registered the Office of the Additional District Sub-
Registrar – Howrah and recorded in Book No. 1, Volume No. 0502-
2016, Pages from 79975 to 79998, Being No. 050202923 for the
Year 2016 one SRI DEEP CHAND SHARMA, son of Basantlal Sharma,
therein referred to as the Vendors of the First Part sold, transferred,
conveyed, assigned ALL THAT the demarcated marble flooring
residential flat being Flat No. 402, Block- A on the 4th. Floor measuring
762 Sq. ft. (be the same a little more or less) including 20% super built
up area of the building comprised within HMC Holding No. 34+35/2/1, Sri
Aurobinda Road, P.S. M. P. Ghora District-Howrah Ward No. 75 together
(2)
with undivided proportionate variable impartible share in the land
attributable thereto and the right to use and enjoyment of the common
areas and facilities connected therewith within the jurisdiction of District
and Additional District Sub-Registrar, Howrah unto and in favour of (1)
RISHAV KEDIA, son of Shiv Dayal Kedia and (2) MINOR ANUJ KEDIA,
son of Shambhu Nath Kedia represented by his natural guardian father
SHAMBHU NATH KEDIA therein jointly referred to as the Purchaserss
of the Second Part absolutely and forever and free from
all encumbrances.
AND WHEREAS the said ANUJ KEDIA died intestate on 07/08/2019
leaving behind him his father SHAMBHU NATH KEDIA as his only legal
heir and successor to inherit the shares left by ANUJ KEDIA as per
Hindu Succession Act, 1956.
AND WHEREAS thus, said RISHAV KEDIA and SHAMBHU NATH
KEDIA become the absolute owners of ALL THAT the demarcated
marble flooring residential flat being Flat No. 402, Block- A on the 4th.
Floor measuring 762 Sq. ft. (be the same a little more or less) including
20% super built up area of the building comprised within HMC Holding
No. 34+35/2/1, Sri Aurobinda Road, P.S. M. P. Ghora District-Howrah
Ward No. 75 together with undivided proportionate variable impartible
share in the land attributable thereto and the right to use and enjoyment
of the common areas and facilities connected therewith within the
jurisdiction of District and Additional District Sub-Registrar, Howrah more
fully and particularly mentioned and described in the FIRST SCHEDULE
hereunder each having undivided 50% share i.e. 1/2th share.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED
AND DECLARED BY AND BETWEEN THE PARTIES HERETO as
follows: -
SALE OF PROPERTY AND CONSIDERATION: The Vendors agrees to sell
ALL THAT the demarcated marble flooring residential flat being Flat No.
402, Block- A on the 4th. Floor measuring 762 Sq. ft. (be the same a little
more or less) including 20% super built up area of the building comprised
within HMC Holding No. 34+35/2/1, Sri Aurobinda Road, P.S. M. P. Ghora
District-Howrah Ward No. 75 together with undivided proportionate variable
impartible share in the land attributable thereto and the right to use and
enjoyment of the common areas and facilities connected therewith within
the jurisdiction of District and Additional District Sub-Registrar, Howrah more
fully described in the First Schedule, together with proportionate
undivided share on the land and undivided, impartible, proportionate and
variable share and/or interest in the Common Portions, driveways amenities
(3)
in the residential part of the project more fully described in the Second
Schedule and the Purchasers agrees to purchase the same at the
consideration amount of Rs. 29,00,000/- (Rupees Twenty-Nine Lakhs
only) only for the entire SAID PROPERTY more fully mentioned in Part-I of
the Fourth Schedule hereunder written payable by the Purchasers to the
Vendors in installments as mentioned in Part-II of the Fourth Schedule
hereunder written on and subject to the terms and conditions contained
herein.
1.1. Time for payment of the consideration and other amounts
hereunder by the Purchasers to the Vendors shall be the essence of the
contract.
2. POSSESSION AND CONVEYANCE: Upon payment of the entire
consideration payable by the Purchasers to the Vendors for sale of the
SAID PROPERTY, the Vendors shall hand over possession of the SAID
PROPERTY to the Purchasers against the letter of possession.
2.1 Simultaneously therewith the Purchasers will have the SAID
PROPERTY duly registered in their favour on payment of the full and
final payment. That after signing of this Agreement for Sale by both the
Parties, it is hereby agreed that the Purchasers will register the SAID
PROPERTY mentioned in this Agreement before the Appropriate Registry
Office within one month from the date of this agreement.
2.2 That an extra 15 days period after the expiration of period as
mentioned in Clause 2.1 would be allowed to both the parties and within
these 15 days the Registration Procedure must be completed, failure to
do so either of the parties have the right to repudiate the Agreement for
Sale and it shall stands as Cancelled.
2.3 It is expressly agreed understood and clarified as follows: The
Vendors will hand over the Original Title of the Said Property along with
every other original documents & evidences, pertaining to the said
property, simultaneously upon the full and final payment by the
Purchasers to the Vendors. Failure to comply these terms, the
Purchasers shall have the liberty to repudiate the Agreement for Sale
and the Vendors shall be bound to refund the Advance consideration
made by the Purchasers to the Vendors within 7 days.
2.4 It is also agreed that the Vendors shall bear the cost and clear all
sorts of outstanding expenses, taxes, charges, fees, if any (Including
(4)
and not limited to only Maintenance charges, utility bills, Panchayet and
govt tax, Land Tax, Khajna and any other Government tax) pertaining to
the said property before the Registration of Sale Deed, It is further
agreed by the Vendors that they are also liable to pay any outstanding
with respect to the said Property if any outstanding accumulate or
demanded by the Concerned Authority for the period before the Sale
Deed.
2.5 That it is also agreed by the Vendors that the Vendors will not
initiate or enter into Agreement for Sale with any third Party during the
Pendency of this Agreement which includes the 15 days Grace Period.
The Vendors also represented that they have not entered into
Agreement for Sale with any other person.
2.6 It is hereby agreed that the Vendors hereto will deliver the vacant,
unfurnished and peaceful possession along with Keys of the said
Apartment with the facilities therein to the Purchasers on execution and
registration of the Deed of Conveyance in respect of the said Apartment
in compliance of the terms and conditions of these presents made by
and between the Vendors and the Purchasers hereto in seriatim.
Purchasers will make a visit to the property along with the Vendors and
jointly inspect the rightful possession of the property on or before the
registration. The property should be free from any visible constructional,
mechanical, electrical, structural damages, as agreed by both parties.
In case of any fixes, repair require to be done, Vendors shall take care
of them and handover to Purchasers, on or before the registration.
2.7 It is agreed between the parties that after the Registration of the
SAID PROPERTY as more fully described in the First Schedule, the
Purchasers herein mentioned will regularly and punctually pay the
proportionate share (Maintenance Charge) in the Common Expenses for
maintenance and upkeep of the Common Portions and Specified
Facilities, more fully described in the Third Schedule below (Collectively
Common Expenses/ Maintenance Charge).
3 ARBITRATION:
Any disputes or differences in relation to or arising out of or touching
this agreement or the validity interpretation, Construction,
performance, breach or enforceability of this agreement (collectively
disputes) shall be referred to and finally resolved by arbitration by an
(5)
Arbitral Tribunal formed in terms of Arbitration and Conciliation Act.
1996 and rules and amendments made thereunder. The arbitration
proceedings shall be conducted at Kolkata.
4 JURISDICTION:
The courts of West Bengal alone shall have jurisdiction to entertain
and try all actions suits and proceedings arising out of this Agreement.
THE FIRST SCHEDULE ABOVE REFERRED TO
(SAID PROPERTY)
ALL THAT the demarcated marble flooring residential flat being Flat No.
402, Block- A on the 4th. Floor measuring 762 Sq. ft. (be the same a little
more or less) including 20% super built up area of the building comprised
within HMC Holding No. 34+35/2/1, Sri Aurobinda Road, P.S. M. P. Ghora
District-Howrah Ward No. 75 together with undivided proportionate
variable impartible share in the land attributable thereto and the right to
use and enjoyment of the common areas and facilities connected
therewith within the jurisdiction of District and Additional District Sub-
Registrar, Howrah and the same is butted & bounded by :-
ON THE NORTH: Flat No. 403;
ON THE SOUTH: Passage;
ON THE EAST: Flat No. 401;
ON THE WEST: Coridor;
(6)
OR HOWSOEVER OTHERWISE the same hereditaments and premises is
situated bounded called known described or distinguished together with
building and structure for the time being thereon and which the said
piece or parcel of land.
THE SECOND SCHEDULE ABOVE REFERRED TO
(Common Facilities and Enjoyments)
The open/vacant area of the said premises described in First
Schedule herein above written.
stair case in each floor.
Landing of stair case in each floor.
Common paths, passages and areas.
Boundary wall (if any) and main gate/entrance.
Drainage and sewerages.
Electrical installations, electric meter space and all electrical facility
in common places (excluding only those are installed within the
exclusive area on any flat).
Pump room (if any), water pump, motor, water supply pipe (in
outer side), septic tank, deep tubewell and other common
plumbing installation (save only those are within the exclusive area
on any flat).
Outer side wall and root of the building.
All other common apace and ores of the land and building which
are necessary for common areas of flat owners.
Main entrance of the building.
Lift facility is present in the building.
(7)
THE THIRD SCHEDULE ABOVE REFERRED TO
(Common Expenses/Maintenance Charge)
1. All costs of maintenance and cleaning of said building and land
with operating of water pump, replacing, painting, decorating,
lighting on the common parts and also the outer side walls of the
building.
2. The salary of all persons employed for the common purposes.
3. Insurance premium for insuring the building against earthquake,
fire, lighting, mob damage civil commotion etc.
4. All charges and deposits for supplies of common utilities to the
Purchasers of other owners or occupiers of other portions of the
building.
5. Municipal taxes and other outgoings save only those are separately
assessed in the name of Purchasers or other co-owners.
6. All litigation expenses incurred for maintaining of office for
common purposes, if any.
7. Expenses for the electricity consumed in respect of common areas,
water tank, water facilities, electric pump, motor, outer side wall
colour, plastering and other maintenance in common areas
including the salary of darwan, if any, which is common interest
and benefit for all the flat owners/ occupiers.
8. Other expenses in common those are deemed by the
owners/occupiers of the Elata of the said building or the
Association/Society of flat owners as the case may be necessary or
incidental for the maintenance and up-keep of all concerned with
the building.
(8)
THE FOURTH SCHEDULE ABOVE REFERRED TO:
(CONSIDERATION)
PART – I
The consideration payable by the Purchasers to the Vendors for the sale of
the entire SAID PROPERTY shall be as follows: -
Consideration money for the Purchasers for the entire SAID PROPERTY Rs.
29,00,000/- (Rupees Twenty-Nine Lakhs only)
PART – II
(INSTALLMENTS)
The amount mentioned in PART – I of this SCHEDULE hereinabove shall be
paid by the Purchasers to the Vendors in instalments as follows: -
1. At the time of Agreement Rs. 1,00,000/-
2. At the time of possession and registration Rs. 28,00,000/-
---------------------------
Total: Rs. 29,00,000 /-
(Rupees Twenty-Nine Lakhs
only)
(9)
IN WITNESS WHEREOF The parties hereto have set and subscribe their
respective hands and seals on the day, month and year first above written
SIGNED, SEALED AND DELIVERED
By the parties at Howrah in the presence of
Witnesses
1.
2.
SIGNATURE OF THE VENDORS
SIGNATURE OF THE PURCHASERS
(10)
MEMO OF CONSIDERATION
RECEIVED Rs. 1,00,000 /- (Rupees One Lakh Only), on or before
executing this Agreement, as part of the total consideration Rs.
29,00,000/- (Rupees Twenty-Nine Lakhs only) for the said
Apartment, more fully mentioned in the First Schedule herein above
written, from the above-named Purchaserss.
PAYEE NAME Cheque DATE BANK/ AMOUNT
NO. BRANCH (Rs.)
1,00,000/-
(Rupees One Lakh Only)
SIGNATURE OF THE
VENDORS
WITNESSES
(11)
(12)
