Deed of Surrender

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DEED OF SURRENDER

THIS DEED OF SURRENDER is made at Mumbai,

on this day MARCH 2008, in the Christian Year

2008 BETWEEN BHARAT GOPAL PANDHRE, An Adult,

Indian Inhabitant of Mumbai Residing Flat No.202,

Saraswati Sadan (RadhaNiwas), Gauthan, P.G. Marg,

Malad (West), Mumbai-400064, hereinafter referred to as

“THE MONTHLY TENANT” (which expression shall

unless it be repugnant to the context or meaning

thereof shall deem to have to mean and include


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his legal heirs, legal representatives, executors,

administrators, and assigns, etc.,) of the FIRST PART

AND

MRS. SANGEETA DEEPAK KADAM ,adult Indian

Inhabitant of Mumbai, residing at Kashi Kunj, S.V. Road,

Malad(West),Mumbai-400 064 hereinafter referred to as

“THE OWNER AND LANDLORD” (which expression

shall unless it be repugnant to the context or meaning

thereof, mean and include her legal heirs, legal

representatives, executors, administrators, and assigns,

etc.,) of the SECOND PART

WHEREAS the Owner and Landlord herein is

absolutely seized and possessed of or otherwise well

and sufficiently entitled to to the piece and parcel of land

heridetaments, tenements, together with Ground Plus

Three Upper Floor Building known as “SARASWATI

SADAN (RADHA NIWAS) standing thereon situate, lying

and being at CTS No.449/1 to 6 of Village: Malad, Taluka:

Borivali, Mumbai Suburban District and Sub District of

Mumbai City and Mumbai Suburban, Bearing Municipal

Ward Assessment No.PN 3339 87 of P/North Ward

situated at Saraswati Sadan (RadhaNiwas), Gauthan, P.G.


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Marg, Malad (West),Mumbai-400 064, and more

particularly described in the First Schedule hereunder

written and hereinafter referred to as “THE SAID

PROPERTY” for the sake of brevity.

AND WHEREAS The Party of the First Part is the

Lawful Monthly Tenant as provided under the provisions of

the Maharashtra Rent control Act in respect of Residential

Premises being Flat No.202 adm.130 sq.ft (Carpet Area)

in the said Building Known as Saraswati Sadan (Radha

Niwas), P.G. Marg, Malad (West),Mumbai-400 064 situate,

lying and being at CTS No.449/1 to 6 of Village: Malad,

Taluka: Borivali, Mumbai Suburban District and Sub

District of Mumbai City and Mumbai Suburban, Bearing

Municipal Ward Assessment No.PN 3339 87 of P/North

Ward, more particularly described in the Second Schedule

hereunder written and hereinafter referred to as “THE

SAID PREMISES”, for the sake of brevity;

AND WHEREAS the party of the First Part has

acquired some other residential accommodation as the

said Premises is not sufficient to accommodate the party

of the first part and his family members and therefore the

party of the First Part offered the Party of the Party of The

Second Part to surrender the said premises more

particularly described in the Second Schedule hereunder


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fr the Lump sump consideration of Rs. (Rupees

________________________ 0nly) and which offer the

Party of the Second part being owner and landlord of the

said premises has accepted on the following terms and

conditions agreed to between the parties hereto.

NOW THIS DEED OF SURRENDER WITNESSETH AND


IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:

1. The parties hereto agrees that the recital recorded in

these presents shall form integral part of this Agreement,

as if the same are set out in the body of this Agreement.

And the parties hereto deem to have recorded, repeated

and confirmed the recitals recorded hereinabove.

2. It is agreed and confirmed by the party of the first

part that he acquired the said premises more particularly

described in the Second Schedule on Monthly tenancy

basis from the Party of the Second Part and thereby he

was in use, occupation and possession of the said

premises along with his family members and accordingly

was paying the monthly rent of the said premises at the

monthly rent of Rs. Per moth to the part of the Second

Part.
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3. That the party of the First Part offered to the Party of

the Second Part to surrender the said premises more

particularly described in the Second Schedule for the

Lump sum Consideration of Rs.

(Rupees____________________ only), which offer has

been accepted by the party of the second part.

4. In Consideration of the Party of the First Part having

surrender his monthly tenancy right in respect of the said

premises more particularly described in the Second

Schedule, The party of the Second Part hereby pays the

said Lump sum Consideration of Rs.

(Rupees____________________ only), the receipt thereof

is hereby acknowledged by the Party of the First Part.

5. On execution hereof the Party of the First Part

hereby surrenders, transfers and relinquishes all his right,

title and interest of whatsoever nature into or upon the

said Premises more particularly described in the Second

Schedule including the said monthly tenancy right

governed under the provisions of The Maharashtra rent

Control Act, 1999 to and in favour of the Party of the

Second Part.

6. The Party of the First part hereby agrees and

confirm on execution hereof, he has handed over the


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peaceful and vacant possession of the said premises

more particularly described in the second schedule and

the party of the Second Part at present is in

exclusive,use,occupation and possession of the said

premises.

7. The Party of the First Part i.e. the said monthly

tenant of the said premises more particularly described in

the Second Schedule hereunder agrees and confirm on

the execution hereof ,his interest in the said premises

more particularly described in the Second Schedule

hereunder, shall revert back to the Party of the Second

Part i.e. the Owner and Landlord herein to the intent that

the party of the Second Part shall hold the said premises

more particularly described in the Second Schedule

hereunder as Full Owner and free from the said monthly

tenancy and from all libilities,claims,and demands in

respect of all breaches, if any of the covenants contained

therein or otherwise arising under the same and the party

of the First Part covenants and declares that he has not

done any acts, deed or things whereby or by means

whereof he is in anyway prevented from

surrendering,transferring,and relinquishing the said

premises more particularly described in the Second

Schedule to and unto to the Party of the Second Part


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(8) The Party of the First Part herein has represented,

declared, assured to the Party of the Second Part herein

the following and on the basis the Party of the Second part

has agreed to accept the aforesaid offer of the Party of the

First Part

(a) All and whatsoever is recorded in the recitals

hereinabove is true and correct

(b) There is no easement rights created under any

document or by covenant or by prescription in respect of

and/or upon the said premises or any part thereof

(d) There is no mortgage, lien, charge; right or any

other, there is no other encumbrances, or impediments on

the said premises or any rights in respect thereof or any

part thereof

(e) The Party of the First Part before execution hereof

and prior to handover possession of the said premises

was in exclusive use, occupation, possession and

enjoyment of the said premises

(f) The Party of the First part has not sold,

transferred, assigned the said premises or any part thereof

or any part thereof or agreed to do so.


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(g) There is no Estate Duty, Wealth Tax, Sales Tax

or other taxation proceedings whether for recovery, or

otherwise initiated by any Taxation Authorities or local

authorities or pending whereby the rights of the Monthly

Tenant to surrender the said premises or any part thereof

are in any way affected and/or jeopardized

(h) The Monthly tenant shall clear and settle all

defects and claims if any claims by way of

sale,exchange,mortgage,gift,trust,inheritance possession

lien or lease or otherwise.

(9) It is agreed and confirmed between the parties

hereto that within 3 months from the date of signing this

document, they shall execute this deed Registered with

the Registrar of Sub-Assurances and payment of Stamp

Duty and Registration charges shall be borne and paid by

the party of the second part and in the event if the party of

the first part shall not come for registration of this

document, the party of the First Part would be entitle to

lodge this document for registration on its own.


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FIRST SCHEDULE AS HEREINABOVE REFERRED TO

piece and parcel of land heridetaments, tenements,

together with Ground Plus Three Upper Floor Building

known as “SARASWATI SADAN (RADHA NIWAS)

standing thereon situate, lying and being at CTS No.449/1

to 6 of Village: Malad, Taluka: Borivali, Mumbai Suburban

District and Sub District of Mumbai City and Mumbai

Suburban, Bearing Municipal Ward Assessment No.P/N

3339 87 of P/North Ward situated at Saraswati Sadan

(RadhaNiwas), Gauthan, P.G. Marg, Malad

(West),Mumbai-400 064,

SECOND SCHEDULE ABOVE REFERRED HERETO

Flat No.202 adm.130 sq.ft (Carpet Area) in the said

Building Known as Saraswati Sadan (Radha Niwas), P.G.

Marg, Malad (West),Mumbai-400 064 situate, lying and

being at CTS No.449/1 to 6 of Village: Malad, Taluka:

Borivali, Mumbai Suburban District and Sub District of

Mumbai City and Mumbai Suburban, Bearing Municipal

Ward Assessment No.PN 3339 87 of P/North Ward,

SIGNED, SEALED AND DELIVERED )


by the withinnamed “MONTHLY )
TENANT i.e PARTY OF THE FIRST )
PART” )
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MR. BHARAT GOPAL PANDRE )


in the presence of.. )
1.

2.

SIGNED, SEALED AND DELIVERED )


By the withinnamed “OWNER & )
LANDLORD i.e PARTY OF THE )
SECOND PART” )
(1) MRS SANGEETA DEEPAK KADAM )
in the presence of.. )
1.

2.

RECEIPT

Received of and from the OWNER & LANDLORD, a


sum of Rs. /- (Rupees ___________________
______________ only) as under:

Sr. Cheque/Cash Drawn on Amount


No. (Rs.)
1.
2.

WITNESS

1.

. I SAY RECEIVED

2.

MONTHLY TENATN

(PARTY OF THE FIRST PART)

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