SALE DEED FOR Rs.
STAMP DUTY FOR Rs. .....
THIS
DEED OF SALE made this..................... day of.......... . by.............
.......
a company incorporated under the Companies A 1956, with registered office at
(hereinafter referred to as the promoter, which expression shall include
assignees, successors etc. unless the subject and context requires otherwise),
ac through Shri............. duly authorized and is being presented for
registration by Mr.
...............
authorised vide General Power of Attorney No: ...................... dated..
..................... duly registered at Sub-Registrar
Office,...................... on this behalf of the one part, and in favour of
:
..................................................
………………………………………………………….
…………………………………………………………..
(hereinafter
referred to as the Buyer, which expression shall include his/their/ heirs,
executors, assignees, etc., unless the subject or context requires otherwise).
WHEREAS
the promoter alongwith its associate companies i.e., ........................
…………………………………………………………………………………………………………………………..from
the..............................
purchased lands and has obtained licencese and development of a residential
colony, known as............................... for the promotion.............
(hereinafter referred to as the colony). AND WHEREAS the Promoter has entered
into arrangements with , associate companies to develop the entire lands
collectively and to carve ou sell plots of different sizes and dimensions, as
such or built upon, and raise storeyed commercial buildings and to realize the
sale price from the Buyers.
AND
WHEREAS pursuant to the aforesaid arrangements, the companies have executed
General Power of Attorney duly registered of the Sub-Registrar, concerned, in
favour of the Promoter with power to execute the Sale Deed and to get the same
registered.
AND
WHEREAS the promoter has constructed a Commercial complex known.......
....................................in
the colony above mentioned.
AND WHEREAS on the
application of the Buyer, the Promoter to the Buyer a shop space bearing
distinct No. ……………..in………………………............. having its super area of.....
(hereinafter referred to as the flat) vide allotment dated consideration of Rs.
........................... (Rupees............ only) based on super area on
the terms and cor stipulated in the said Allotment letter and duly accepted by
the Buver af satisfied that the promoter had the right and authority to sell
the abo commercial space.
and conditions Buyer after being o
sell the above said
AND WHEREAS the Promoter is in full
and absolute possession and otherwise well and sufficiently entitled to sell
the said Flat which is free from a
1 all sorts of encumbrances, liens,
charges, whatsoever.
AND WHEREAS the Buyer has desired that
the Flat be now transferred to him and the Promoter has agreed to the same.
NOW THEREFORE THIS DEED OF SALE
WITNESSES AS FOLLOWS:
1. That in pursuance of the aforesaid.
Allotment. letter dated.. and in consideration of the sum of
Rs................. (Rupees ..............) already paid by the Buyer to the
Promoter the receipt of which entire sum of Rs. . ............ the Promoter does
hereby admit and acknowledge and of and from the payment of the same does for
ever release and discharge the Buyer, the Promoter does hereby transfer convey
and assign by way of sale unto the Buyer all that commercial space having the
super area ............ Distinct No............................ (referred to
above and hereafter as the Flat) in ............. .................together
with all rights, liberties/privileges, easements necessary for the enjoyment of
the said rial and TO HAVE AND TO HOLD the said flat with all rights, and
appurtenances ever.
The super area inter-alia includes the
proportionate share of the area periphery walls, covered projections, passages,
toilets, lift, lobbie staircases, other common area etc.
2. That the actual physical vacant
possession of the flat hereby so handed over by the Promoter to the Buyer at
the time of registration of
3. That at the time of taking
possession of the Flat the Buyer has himself in all respects regarding the Flat
and has no claims of any kind, against the promoter nor shall the Buyer be
entitled to raise any obje any claim of any kind hereafter.
flat hereby sold has been u
registration of this sale deed.
4.
That the Buyer has undertaken an inspection of docume other related papers
prior to executing this Sale Deed and has satisrie documents of title and as
satisfied himself that the title of the Promoter to the said Flat is perfectly
marketable Th not be entitled to further investigate the title or authority of
Promo and no objection shall be raised on any matter relating thereto at an
However, the Promoter has assured the Buyer that the Promoter has mortgaged or
charged the property hereby sold to anyone nor is the matter of any litigation.
5.
That so long as the Flat is not separately assessed for payme Municipal taxes,
the Buyer shall pay proportionate share of the Municin water taxes as assessed
on the whole building as and when levied an payable. Such proportionate share
shall be made by the Buyer on pro-rata the same shall be conclusive, final and
binding on the buyer.
6.
That the Buyer shall not be entitled to make any additions/alteration the Flat
hereby sold without the prior written permission of the Promoter and the
concerned authorities.
7.
THE BUYER shall abide by all the applicable laws, bye-laws, rules and
regulations of Municipal authorities and other Governmental Authorities as also
the terms of the Government licence, and shall be responsible for all
deviations, violations of rules and regulations governing the said property.
8.
That it is hereby expressly agreed and understood between the parties hereto
that this Sale Deed is only in respect of the area allotted to him. The Buyer
shall have no right title and interest of any kind in any other part of the
building.
9.
That the terrace at the top of the building will always remain the property of
the Promoter or their nominee and they will be fully authorized to use the same
in whatsoever manner they consider fit and proper. The Promoter reserves the
rig to construct additional structures or storeys or to raise any further
structures upon the building as may be deemed fit by the Promoter. The Buyer
shall nou entitled to raise any objection to any additional construction or any
alteratio part of the complex.
10.
That the Buyer shall also be required to pay common main service charges as may
be determined from time to time to the Promoter be fixed on the basis of rate
per sq.ft. on super area basis. Howeve Promoter in the due course of time
nominate any other Person, ASS or a Body Corporate to look after the
maintenance and common service Building, the Buyer shall be obliged to pay the
agreed charges to the Builder. The maintenance and service charges shall be
liable to time to time depending upon the prevalent costs and other circ
relevant time.
11.
That the buyer shall have no right, claim or lien of an of any of the common
spaces, parkings, lobbies, staircases or any other portion of the said building
except the Flat hereby sold. However, the Buyer and shall have the right of
ingress and egress to the said property by the use of corridors and stairs. The
overall control of the building and the land sh remain with the promoter.
12.
That the buyer shall not use the Flat hereby sold for storage of any hazardous, inflammable or obnoxious material
or such heavy materials whic likely to effect the stability of the building or
likely to cause any annova inconvenience to the neighboring flat
owners/occupants.
13.
That the promoter shall be entitled to view the state and condition of the flat
hereby sold at all reasonable hours after prior notice to the Buyer, in all
overall interest of the building.
14.
That the Buyer herein shall have to contribute proportionately towards the
ground rent and other similar charges which the authorities may on the land
underneath the building and this responsibility shall be with effect from the
date, it may be levied after the date of allotment of the flat.
15.
That the buyer shall not throw or accumulate dirt, rubbish, rags or refuse or
permit the same to be thrown in the flat or in any of the common areas of the
said building
16.
That the Buyer shall have the right to apply for and obtain separate electric
connection in respect of the said flat. However, till such connection is
provided, the Buyer shall pay proportionate charges towards use of electricity
bill. In case it is advisable to install sub-meter in the said flat, the
charges shall be paid by the Buyer on the basis of the meter readings. In case
it is not advisable to install sub-meter, the proportionate charges as worked
out by the Promoter or the maintenance agency nominated by it shall be
conclusive and binding on the Buyer.
17.
That the maintenance agency will get the entire building insured against fire,
riots, earthquake and other risks. The premium for arranging such insurance be
paid by the buyer proportionately in regard to the area of the flat hereby some
God forbid, if the building,or a part thereof is damaged or destroyed then the
ins money so received would be spent on the repairs/rebuilding of the same. In
cas expenditure in excess of the insurance money is required to be met, the sa
be paid by the Buyer proportionately.
18.
That the buyer shall also be liable to pay any charges, levies et by the
Government or local Authority for any external/peripheral/se provided to the
colony and any other charges on prorata basis according of the flat as may be
intimated by the promoter to the buyer.
19.
That the buyer shall not do or cause or permit to be done any which may render
void or viodable any insurance on the building any or cause any increased
premium to be payable in respect thereof.
20.
That the buyer shall be entitled to make use of the toilet facilis common with
the occupants of the other portions of the building.
21.
That the buyer shall pay to the Promoter/Maintenance Ac amounts payable
pursuant to this Sale Deed at all conditions, terms and covenants applicable to
the building and keep the Pro Maintenance Agency indemnified against the said
payments and non-observar non-performance of the said terms, conditions and
covenants. The time for payment of various amounts shall be of the essence of
the contract between the parties in case of default in addition to the remedies
available to the promoter/maintena agency to recover the dues from the Buyer
alongwith interest at the rate of two ne per month or a part of the month the
Promoter shall be at liberty to discontinue the amenities/facilities agreed to
be provided to the Buyer.
22.
That the buyer shall maintain at his/her/its cost the Flat hereby sold in good
repair and condition and shall not do any act or indulge in any negligence so
as to damage any part of the said building. In case of any loss or damage being
caused to the flat hereby sold, or any other portion of the building which is
attributable to the neglect of the Buyer, he/she/it shall be liable to make
good the same.
23.
That the terms and conditions of the licence granted by the Government
..............
in respect of the flat hereby sold, which forms part of the terms hereof, have
been duly notified to the buyer herein who has fully understood the same. In
the event of the property, the subject matter of this sale deed being misused
in any manner against the terms of the said Government licence, the Buyer shall
be. liable for all consequences arising therefrom including payment of any
penalties or composition charges or any other charges or interest due thereon
including the charges which may be claimed for restoring to the cancellation of
licence. The promoter shall be kept harmless and indemnified against all such
eventualities.
24.
That the Buyer will ensure that the space purchased by him/her basement will be
used for storage only. Any violation will make the sale" its cancellation.
based
by him/her in the make the sale liable to
25.
That the Buyer had agreed that the Promoter was to have first charges on the
flat hereby sold in the event of the Buyer FAILING TO PLAY ANY DUES to the
Promoter as may become payable by the Buyer to the Promoter at any time.
26.
That all communications shall be sent by the Promoter at t address of the Buyer
by registered post and the same shall be deemed t received by the Buyer on the
expiry of four days from the dispatch thereol of the fact whether the Promoter
has or has not, in fact, received the san Office shall be the agent of the
Buyer.
at
the last known leemed to have been
thereof
irrespective ed the same. The Post
27.
That the parties hereto agree to comply with all laws rule governing this
transaction including Income Tax department, Munici and other bodies, local or
otherwise under the applicable laws as to the said Flat by the Buyer. Necessary
27. disclosures in the prescribed made by the Buyer to the concerned
authorities within the time alle case of non-compliance of any of the said
applicable laws, the R... responsible for all penalties and consequences
arising from his/her/itsd behalf. The Buyer in such an eventuality will be
liable to reimburse to this if they are made to pay any such penaltics or
charges.
28.
That the Burer, if resident outside India shall be solely resno comply with the
necessary formalities as laid down in the FEMA and other laws including that of
remittance of payment and for acquisition of the flat the required dectaration
in form prescribed by the promoter.
29.
That all costs of stamping, engrossing and registration of this sale deed have
been borne by the Buyer herein.
IN
WITNESS WHEREOF the promoter has signed this deed at .......... on the date,
month and year first above written.
For
XYZ
Witnesses.
Authorised Signatory
[CD1]SALE DEED BY BUILDER.
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