Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Sale agreement draft vishweshwar karkal g 1001[1]

4,773 views

Published on

  • Be the first to comment

  • Be the first to like this

Sale agreement draft vishweshwar karkal g 1001[1]

  1. 1. SALE AGREEMENTThis SALE AGREEMENT is made and executed on this ____th day of June, TwoThousand 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 andinclude 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 thePURCHASERS, 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 comprisedin Survey number: 19 of Mallasandra Village, Uttarahalli Hobli, Bangalore South Taluk,together measuring 17 acres 13 guntas (754677 Square Feet) more fully described inthe Schedule-A hereto and hereinafter referred to as the “SCHEDULE-A PROPERTY”.WHEREAS the DEVELOPER have formulated a scheme for development of theSCHEDULE-A PROPERTY into a Residential Apartment Complex known as “PURVAHIGHLANDS” consisting of several blocks with basement, ground and upper floors,common compound, entrances, lobbies, staircases, lifts, and passages with rights inthe common areas of the residential complex and persons desirous of owning anapartment would have to join the scheme of purchase of the undivided share in theSchedule-A property proportionate to the size of the apartment for the construction ofthe apartment and as per the scheme both the agreement for sale of undivided sharein land and the agreement for construction of the apartment are co terminus with eachother.WHEREAS the Developer has obtained sanction for group housing plans from theBangalore Mysore Infrastructure Corridor Area Planning Authority (BMICAPA) videnumber BMICAPA:23: Building Plan: 110:06-07 dated 18.08.2006.Page 1 of 5
  2. 2. WHEREAS the PURSASER has scrutinized and being satisfied with the DEVELOPERSStitle to the Schedule-A Property and the Sanctioned Plans. PURCHASERS have agreedto purchase such undivided share in the Schedule-A property proportionate to theapartment set out in the Schedule-C.AND whereas under the said Project a person who is interested in owning aApartments of their own and could purchase undivided shares in the Schedule AProperty from the predecessor of the VENDOR/SALE DEED HOLDER and constructapartments for themselves through the predecessor of the VENDOR/SALE DEEDHOLDER in the selected block.AND whereas the VENDOR/SALE DEED HOLDER herein had entered into an SALE DEEDwith the DEVELOPER on 23/07/2012 for purchase of 0.052% or 353.37 Sq. feetof undivided right and interest in the Schedule A Property, which is more fullydescribed in the Schedule B hereunder, hereinafter referred to as the Schedule BProperty with a right to construct an Apartment on the Schedule A Property and theVENDOR has entered into a Sale Deed on 23/07/2012 with the DEVELOPER herein toown 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 areaof 257 Sq ft., (which is inclusive of the floors, ceiling and walls between theapartments and common areas attributable thereto) together with Covered CarParking space, which is more fully described in the SCHEDULE C PROPERTY.AND whereas after paying the full sale consideration by the VENDOR/SALE DEEDHOLDER herein, the predecessor of the DEVELOPER has executed sale deed in favourof the VENDOR/SALE DEED HOLDER hereinin respect to the Schedule B and C Propertyand 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 theDEVELOPER, M/s. Puravankara Projects Ltd., have agreed to construct the ApartmentNo. G-1001, on nineth Floor in the Glendevon Block of the building known asPurva Highlands, constructed on the Schedule A Property, with a built up area of1083 Sq. feet, (which is inclusive of balconies and utility space) and proportionatecommon area of 257 Square feet, (which is inclusive of the floors, ceiling and wallsbetween the apartments and common areas attributable thereto) together withCovered Car parking space, more fully described in the SCHEDULE C HEREUNDERand the said predecessor of the Developer named M/s. Puravankara Projects Ltd., hadconstructed the said Apartment i.e. Schedule C Property and handed over the sameto the VENDOR/SALE DEED HOLDER and till this date the VENDOR/SALE DEEDHOLDER herein are in peaceful possession and enjoyment of the same and it is freefrom all encumbrances.WHEREAS in this manner the VENDOR/SALE DEED HOLDER became the absoluteowner of the Schedule B and C Property and he has acquired the same out of his ownand self earned funds and he has been exercising all the rights of ownership and theVENDOR/SALE DEED HOLDER is legally competent to convey the Schedule B and CProperty by sale, transfer or otherwise dispose off the Schedule B and C Property inany manner at their option and unfettered discretion and there is no legal impedimentor otherwise for sale of the Schedule B and C Property.WHEREAS THE VENDOR/SALE DEED HOLDER REPRESENTS THATa)He is the absolute owner of the Schedule B and C property and his title to theSchedule B and C Property is good, marketable and subsisting and that none else haveany right, title, interest or share therein and that cost of good title shall be that ofVENDOR/SALE DEED HOLDER and he shall transfer the full rights of the Schedule Band C Property to the PURCHASERS as mentioned herein above immediately afterreceipt of the total Sale Consideration as agreed below.Page 2 of 5
  3. 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 orarrangement 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, thePURCHASERS have agreed to purchase the Schedule B and C Property from theVENDOR/SALE DEED HOLDER.WHEREAS the VENDOR/SALE DEED HOLDER for want of money for their domesticneeds and other legal necessities have offered and agreed to sell the Schedule B and CProperty to the PURCHASERS through their Attorney Holder for valuable saleconsideration of Rs.49,50,000/- (Rupees Forty Nine Lakhs Fifty Thousand Only)free from all encumbrances and the PURCHASERS have accepted the offer of theVENDOR/SALE DEED HOLDER and agreed to purchase the Schedule B and C Propertyand others for the said sale consideration.NOW THIS AGREEMENT OF SALE WITNESSETH THAT in pursuance of the aboveand in consideration of the sum of Rs.49,50,000/- (Rupees Forty Nine Lakhs FiftyThousand Lakhs only) being the part sale consideration / token advance of theSchedule B and C Property and others is paid by the PURCHASERS to theVENDOR/SALE DEED HOLDER vide Cheque no: 916787 dated: 05/06/2013amounting to Rs. 1,00,000/- (Rupees One Lakh Only) drawn on: HDFC Bank, TalaoPali, Mumbai branch and the balance amount before the under mentioned witnesses inthe following manner:a)Rs. 5,00,000/- (Rupees Five Lakhs only) by way of Demand Draft/Bankers Chequeon the day of signing this Sale Agreement.b)Rs. 43,50,000/- (Rupees Forty Three Lakhs Fifty Thousand only) by way ofDemand Draft/Bankers Cheque trough the buyers home loan bank on the day ofRegistration 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 theVENDOR/SALE DEED HOLDER within 30 days from this date of Sale Agreement(subject to handing over the vacant possession of the Schedule B and CProperty by the VENDOR/SALE DEED HOLDER to the PURCHASERS) and theVENDOR/SALE DEED HOLDER has agreed for the same and agreed to receive thebalance sale amount from the PURCHASERS within the said stipulated period of timeand assures the PURCHASERS that they will give the vacant and clear possession ofthe Schedule B and C Property.That the VENDOR/SALE DEED HOLDER hereby agrees to execute the Sale Deed eitherin favour of the PURCHASERS or in favour of the PURCHASERS Nominee/s afterreceiving the full balance sale amount from the PURCHASERS.That the VENDOR/SALE DEED HOLDER hereby assures the PURCHASERS that theSchedule B and C Property is free from lien, charge, chart attachments, minor claims,maintenance claims, family rights, mortgages, etc., and further assures that if anydisputes or litigations arise in future, then the VENDOR/SALE DEED HOLDER shall setright the same at their own cost and risk. And further the VENDOR/SALE DEEDHOLDER through their Attorney Holder indemnifies the PURCHASERS against all or anylosses, damages, costs, charges, etc., which the PURCHASERS may incur, sustain orlegally compelled to pay in consequence of any claim put forward by any person/sover the Schedule B and C Property or in the event of breach of the covenants hereinmade or for any arrears of taxes or encumbrances or defect-in-title, etc. And furtherPage 3 of 5
  4. 4. the VENDOR/SALE DEED HOLDER assures the PURCHASERS that they will produce allthe necessary documents for getting registration of Sale Deed.That both the parties hereby agree that if there is non completion of the Registrationwithin the mentioned 30 days by the PURCHASERS, then the VENDOR/SALE DEEDHOLDER is eligible to refund the advance amount after deduction of Rs.50,000 (FiftyThousand Only) as penalty. And if there is non completion of the Registration from theVENDOR/SALE DEED HOLDER end then the VENDOR/SALE DEED HOLDER have toreturn the entire advance paid by the PURCHASERS along with an additional amountof 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 inSurvey number 19(P) of Mallasandra Village, Uttarahalli Hobli, Bangalore South Taluk,together measuring 17.325 acres (754677 Square Feet) (including the land left for thebuffer zone of 63178.33 sq. ft. at the southern boundry and the land to be providedfor the road expansion at the western boundary of 12,207.45 sq. ft.) and bounded onthe:EAST: Nala.WEST: Road.NORTH: Land in Survey No: 18.SOUTH: Buffer Zone between the Schedule-A property and NICE Raod. PeripheralRoad 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 landcomprised 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 “PURVAHIGHLANDS”, constructed on the Schedule A Property, with the apartment built uparea of 1083 Sq. ft., (which is inclusive of balconies and utility space) andproportionate common area of 257 Sq ft., (which is inclusive of the floors, ceilingand walls between the apartments and common areas attributable thereto) togetherwith a Covered Car Parking spaceThe building is RCC framed structure with vitrified tile flooring, metal windows andwooden doors connected with electricity and water supply.IN WITNESS WHEREOF the Parties have affixed their signatures to this Agreementof Sale on the date mentioned above, at Bangalore.WITNESSES:Page 4 of 5
  5. 5. 1.VENDOR/SALE DEED HOLDER2.PURCHASERSPage 5 of 5
  6. 6. 1.VENDOR/SALE DEED HOLDER2.PURCHASERSPage 5 of 5

×