This document is a sale agreement between a vendor/sale deed holder and purchasers for the sale of an apartment located in Bangalore, India. The vendor had previously purchased shares in the development land and constructed an apartment which they are now selling to the purchasers. Key details include the apartment is a two bedroom unit on the 10th floor of the residential complex known as Purva Highlands, with a built up area of 1083 square feet. The purchasers agree to pay the vendor 49.5 lakhs (Rs. 49,50,000) for ownership of the apartment and shares in the development land. The payment will be made in installments, with the balance due within 30 days of signing
1. SALE AGREEMENT
This SALE AGREEMENT is made and executed on this ____th day of June, Two
Thousand Thirteen (___.06.2013) at Bangalore by and between:
Mr. VISHWESHWAR KARKAL,
Aged about 44 years,
S/o. Late Mr. K Sadashiva Rao,
Residing at <<Give your Local Address Only>>___,
_______________________________,
________________________________,
Hereinafter called the ‘VENDOR/SALE DEED HOLDER’ which term shall mean and
include the VENDOR/SALE DEED HOLDER, her heirs, legal representatives,
administrators, executors, assigns, etc., of the ONE PART; AND IN FAVOUR OF:
1. Mr. ________________________,
Aged about _____years,
S/o. __________________________,
2. Mrs. ________________________,
Aged about ___years,
W/o. __________________________,
Both residing at: ___________________,
_________________________________,
_____________________________.
Hereinafter called the ‘PURCHASERS’ which term shall mean and include the
PURCHASERS, her heirs, legal representatives, administrators, executors, assigns,
etc., of the OTHER PART;
WHEREAS, M/s. PURAVANKARA PROJECTS LTD., herein after called as “DEVELOPER”
are the absolute owners of all that piece and parcel of immovable property comprised
in Survey number: 19 of Mallasandra Village, Uttarahalli Hobli, Bangalore South Taluk,
together measuring 17 acres 13 guntas (754677 Square Feet) more fully described in
the Schedule-A hereto and hereinafter referred to as the “SCHEDULE-A PROPERTY”.
WHEREAS the DEVELOPER have formulated a scheme for development of the
SCHEDULE-A PROPERTY into a Residential Apartment Complex known as “PURVA
HIGHLANDS” consisting of several blocks with basement, ground and upper floors,
common compound, entrances, lobbies, staircases, lifts, and passages with rights in
the common areas of the residential complex and persons desirous of owning an
apartment would have to join the scheme of purchase of the undivided share in the
Schedule-A property proportionate to the size of the apartment for the construction of
the apartment and as per the scheme both the agreement for sale of undivided share
in land and the agreement for construction of the apartment are co terminus with each
other.
WHEREAS the Developer has obtained sanction for group housing plans from the
Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICAPA) vide
number BMICAPA:23: Building Plan: 110:06-07 dated 18.08.2006.
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2. WHEREAS the PURSASER has scrutinized and being satisfied with the DEVELOPERS'S
title to the Schedule-A Property and the Sanctioned Plans. PURCHASERS have agreed
to purchase such undivided share in the Schedule-A property proportionate to the
apartment set out in the Schedule-C.
AND whereas under the said Project a person who is interested in owning a
Apartments of their own and could purchase undivided shares in the Schedule A
Property from the predecessor of the VENDOR/SALE DEED HOLDER and construct
apartments for themselves through the predecessor of the VENDOR/SALE DEED
HOLDER in the selected block.
AND whereas the VENDOR/SALE DEED HOLDER herein had entered into an SALE DEED
with the DEVELOPER on 23/07/2012 for purchase of 0.052% or 353.37 Sq. feet
of undivided right and interest in the Schedule A Property, which is more fully
described in the Schedule B hereunder, hereinafter referred to as the Schedule B
Property with a right to construct an Apartment on the Schedule A Property and the
VENDOR has entered into a Sale Deed on 23/07/2012 with the DEVELOPER herein to
own an Two Bedroom Apartment bearing No. G-1001 on Tenth Floor in the
“GLENDEVON” Block of the apartment complex known as “PURVA HIGHLANDS”,
constructed on the Schedule A Property, with the apartment built up area of 1083 Sq.
ft., (which is inclusive of balconies and utility space) and proportionate common area
of 257 Sq ft., (which is inclusive of the floors, ceiling and walls between the
apartments and common areas attributable thereto) together with Covered Car
Parking space, which is more fully described in the SCHEDULE C PROPERTY.
AND whereas after paying the full sale consideration by the VENDOR/SALE DEED
HOLDER herein, the predecessor of the DEVELOPER has executed sale deed in favour
of the VENDOR/SALE DEED HOLDER hereinin respect to the Schedule B and C Property
and the same was registered as Document No. JPN-1-03184/2012-13 of Book-1,
Stored in CD No. JPND171, Dated 23/07/2012, registered in the Office of the Sub-
Registrar, Jayanagar (J P Nagar), Bangalore and the said predecessor of the
DEVELOPER, M/s. Puravankara Projects Ltd., have agreed to construct the Apartment
No. G-1001, on nineth Floor in the Glendevon Block of the building known as
Purva Highlands, constructed on the Schedule A Property, with a built up area of
1083 Sq. feet, (which is inclusive of balconies and utility space) and proportionate
common area of 257 Square feet, (which is inclusive of the floors, ceiling and walls
between the apartments and common areas attributable thereto) together with
Covered Car parking space, more fully described in the SCHEDULE C HEREUNDER
and the said predecessor of the Developer named M/s. Puravankara Projects Ltd., had
constructed the said Apartment i.e. Schedule C Property and handed over the same
to the VENDOR/SALE DEED HOLDER and till this date the VENDOR/SALE DEED
HOLDER herein are in peaceful possession and enjoyment of the same and it is free
from all encumbrances.
WHEREAS in this manner the VENDOR/SALE DEED HOLDER became the absolute
owner of the Schedule B and C Property and he has acquired the same out of his own
and self earned funds and he has been exercising all the rights of ownership and the
VENDOR/SALE DEED HOLDER is legally competent to convey the Schedule B and C
Property by sale, transfer or otherwise dispose off the Schedule B and C Property in
any manner at their option and unfettered discretion and there is no legal impediment
or otherwise for sale of the Schedule B and C Property.
WHEREAS THE VENDOR/SALE DEED HOLDER REPRESENTS THAT
a)He is the absolute owner of the Schedule B and C property and his title to the
Schedule B and C Property is good, marketable and subsisting and that none else have
any right, title, interest or share therein and that cost of good title shall be that of
VENDOR/SALE DEED HOLDER and he shall transfer the full rights of the Schedule B
and C Property to the PURCHASERS as mentioned herein above immediately after
receipt of the total Sale Consideration as agreed below.
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3. b)that the Schedule B and C Property is free from mortgages, encumbrances,
attachments by Court or charges of any kind.
c)that the VENDOR/SALE DEED HOLDER have not entered into any agreement or
arrangement of sale of the Schedule B and C Property with any one else.
And based on the above representations of the VENDOR/SALE DEED HOLDER, the
PURCHASERS have agreed to purchase the Schedule B and C Property from the
VENDOR/SALE DEED HOLDER.
WHEREAS the VENDOR/SALE DEED HOLDER for want of money for their domestic
needs and other legal necessities have offered and agreed to sell the Schedule B and C
Property to the PURCHASERS through their Attorney Holder for valuable sale
consideration of Rs.49,50,000/- (Rupees Forty Nine Lakhs Fifty Thousand Only)
free from all encumbrances and the PURCHASERS have accepted the offer of the
VENDOR/SALE DEED HOLDER and agreed to purchase the Schedule B and C Property
and others for the said sale consideration.
NOW THIS AGREEMENT OF SALE WITNESSETH THAT in pursuance of the above
and in consideration of the sum of Rs.49,50,000/- (Rupees Forty Nine Lakhs Fifty
Thousand Lakhs only) being the part sale consideration / token advance of the
Schedule B and C Property and others is paid by the PURCHASERS to the
VENDOR/SALE DEED HOLDER vide Cheque no: 916787 dated: 05/06/2013
amounting to Rs. 1,00,000/- (Rupees One Lakh Only) drawn on: HDFC Bank, Talao
Pali, Mumbai branch and the balance amount before the under mentioned witnesses in
the following manner:
a)Rs. 5,00,000/- (Rupees Five Lakhs only) by way of Demand Draft/Bankers Cheque
on the day of signing this Sale Agreement.
b)Rs. 43,50,000/- (Rupees Forty Three Lakhs Fifty Thousand only) by way of
Demand Draft/Bankers Cheque trough the buyers home loan bank on the day of
Registration of Scheduled property.
The receipt of which sum the VENDOR/SALE DEED HOLDER hereby acknowledges,
admits and confirms the said advance amount.
And the PURCHASERS have also agreed to pay the balance sale amount to the
VENDOR/SALE DEED HOLDER within 30 days from this date of Sale Agreement
(subject to handing over the vacant possession of the Schedule B and C
Property by the VENDOR/SALE DEED HOLDER to the PURCHASERS) and the
VENDOR/SALE DEED HOLDER has agreed for the same and agreed to receive the
balance sale amount from the PURCHASERS within the said stipulated period of time
and assures the PURCHASERS that they will give the vacant and clear possession of
the Schedule B and C Property.
That the VENDOR/SALE DEED HOLDER hereby agrees to execute the Sale Deed either
in favour of the PURCHASERS or in favour of the PURCHASERS Nominee/s after
receiving the full balance sale amount from the PURCHASERS.
That the VENDOR/SALE DEED HOLDER hereby assures the PURCHASERS that the
Schedule B and C Property is free from lien, charge, chart attachments, minor claims,
maintenance claims, family rights, mortgages, etc., and further assures that if any
disputes or litigations arise in future, then the VENDOR/SALE DEED HOLDER shall set
right the same at their own cost and risk. And further the VENDOR/SALE DEED
HOLDER through their Attorney Holder indemnifies the PURCHASERS against all or any
losses, damages, costs, charges, etc., which the PURCHASERS may incur, sustain or
legally compelled to pay in consequence of any claim put forward by any person/s
over the Schedule B and C Property or in the event of breach of the covenants herein
made or for any arrears of taxes or encumbrances or defect-in-title, etc. And further
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4. the VENDOR/SALE DEED HOLDER assures the PURCHASERS that they will produce all
the necessary documents for getting registration of Sale Deed.
That both the parties hereby agree that if there is non completion of the Registration
within the mentioned 30 days by the PURCHASERS, then the VENDOR/SALE DEED
HOLDER is eligible to refund the advance amount after deduction of Rs.50,000 (Fifty
Thousand Only) as penalty. And if there is non completion of the Registration from the
VENDOR/SALE DEED HOLDER end then the VENDOR/SALE DEED HOLDER have to
return the entire advance paid by the PURCHASERS along with an additional amount
of Rs.50,000/- (Fifty Thousand Only) as penalty within one week.
S C H E D U L E - A
(Entire Property in which the Building in constructed)
All that piece and parcel of residetially converted immovable property situated in
Survey number 19(P) of Mallasandra Village, Uttarahalli Hobli, Bangalore South Taluk,
together measuring 17.325 acres (754677 Square Feet) (including the land left for the
buffer zone of 63178.33 sq. ft. at the southern boundry and the land to be provided
for the road expansion at the western boundary of 12,207.45 sq. ft.) and bounded on
the:
EAST: Nala.
WEST: Road.
NORTH: Land in Survey No: 18.
SOUTH: Buffer Zone between the Schedule-A property and NICE Raod. Peripheral
Road and thereafter remaining portion of land in Sy. No.19.
S C H E D U L E – B
(Property conveyed under this agreement)
An Undivided 0.052% share equivalent to 353.37 Square feet in the land
comprised in the Schedule 'A' Property.
S C H E D U L E – C
(Description of the Apartment constructed)
A Two Bedroom Apartment bearing No. G-1001 on Tenth Floor in the
“GLENDEVON” Block/Wing of the residential apartment complex known as “PURVA
HIGHLANDS”, constructed on the Schedule 'A' Property, with the apartment built up
area of 1083 Sq. ft., (which is inclusive of balconies and utility space) and
proportionate common area of 257 Sq ft., (which is inclusive of the floors, ceiling
and walls between the apartments and common areas attributable thereto) together
with a Covered Car Parking space
The building is RCC framed structure with vitrified tile flooring, metal windows and
wooden doors connected with electricity and water supply.
IN WITNESS WHEREOF the Parties have affixed their signatures to this Agreement
of Sale on the date mentioned above, at Bangalore.
WITNESSES:
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