Agreement For Sale (ABHINAV)

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AGREEMENT FOR SALE

THIS ARTICLES OF AGREEMENT is made and entered into at Mumbai on


this________ day of________, BETWEEN: SHRI Sunderlal A. Jain (HUF)
AND Shri. Naresh S. Riyawala (HUF), adults, Indian Inhabitants, having
address at Shop No. 13, Mrud Kishor, Near Dattpada, Borivali (W),
Mumbai -400 092, hereinafter referred to as the ‘TRANSFERORS’
(which expression shall unless it be repugnant to the context or
meaning thereof, be deemed to mean and include his heirs, executors,
administrators and assigns) of the ONE PART;

AND
M/s. GHANSHYAM CONSTRUCTIONS a Company, incorporated
under the Companies Act, 1956, having its registered office at and
having its administrative office at 63/67, Carmellos Building, L.T Marg,
Pathakwadi, Mumbai- 400 002, hereinafter referred to as the
‘TRANSFEEREE’ (which expression shall unless it be repugnant to the
context or meaning thereof, be deemed to mean and include his her
heirs, executors administrators and assigns) of the OTHER PART;

WHEREAS by an Agreement dated 18 th November, 2006, executed


between Shri. Sunil Laxman Bavle as the Vendor therein and Shri
Sunderlal A.Jain (HUF) AND Shri. Naresh S.Riyawala (HUF), as the
Purchaser therein and the Transferors herein, the Transferors have
acquired all that rights, title and interest in respect of Office,
admeasuring 72 Sq. ft. (carpet) area, lying being and situated at Gokul
shopping Center, Office No. 312, Third Floor, 91 Swami Vivekanand
Road, Borivali (W), Mumbai- 400 092 (hereinafter referred to as the
said office).

AND WHEREAS a Co-operative Society is yet to formed and registered


by the occupants of the said Building known Gokul Shopping Center.

AND WHEREAS in the said circumstances, the Transferors have become


the members and shareholders of the said Society (Proposed), and as
such the Transferors have acquired, what is known ‘OWNERSHIP BASIS’
of the said Office.,
AND WHEREAS the Transferee has approached the Transferors herein
and requested them to sell the said five shares and as incidental to the
sale hereof, the right to use, enjoy and occupy the said Office No. 312.
AND WHEREAS the Transferors have agreed to sell the said Office No.
312 to the Transferee on the terms and condition recorded hereunder:-

NOW THEREFORE, THIS AGREEMENT WITNESSTH AND IT IS HEREBY


MUTUALLY AGREED DECLARED AND RECORDED BY AND BETWEEN THE
PARTIES HERE TO AS UNDER:-

1) The Transferors do hereby sell the said office to the Transferee


and the Transferee hereby purchase from the Transferors all
the rights, title and interest in respect of the said Office free from
all encumbrances and liabilities at or for the consideration of Rs
5,70,000/-, to be paid by the Transferee to the Transferor in the
following manner:-

Cheque No. Date Drawn on Amount


5,70,000/-
Total 5,70,000/-

2) That the Transferors hereby declares that / they have right , title
and absolute authority to sell, transfer and assign the said
shares and the said office to the Transferee. The transferors
also declare that they shall indemnify and shall keep indemnify
the Transferees against all encumbrances, charges, expenses
and liabilities in respect thereof.
3) It is clearly agreed and understood by and between the parties
that the sale will be completed only after the payment of full
consideration or sale price by the Transferee to the Transferors.
4) That the transferors have agreed that they shall handover the
peaceful, vacant and exclusive possession of the said office to
the Transferee along with all original documents / papers
pertaining to the said office on execution of these presents ..
5) That the Transferors hereby declares and confirms that they
have not created any third party rights nor have created
mortgage, charges or any other encumbrances on the said office
or any part thereof, in favor of any other person. The Transferors
further declares that, there is no any such other attachment or
requisition of any nature whatsoever on the said premises by any
Government Department, agency or local authority.
6) The parties do hereby agrees that all the rates and other
outgoings or dues in respect of the said office of whatsoever
nature till the execution of these presents shall be borne by the
Transferors and thereafter shall be paid by the Transferees.
7) The Transferors declares that they have obtained the consent
and permission of the Gokul Shopping Centre Society (Proposed)
to transfer all their rights, title and interest in the said office
and the said Shares (if any ) to the Transferee. The Transferors
agrees and undertakes to transfer all sum lying to the credit of
their account such as towards share monies, sinking funds and
all such other amount to the credit of the Transferee in the
records of the said Society.
8) The Transferors do hereby agrees and undertakes to sign and
execute all such other documents, papers or letters and
assurances that may bee required by the Transferee for the full
and effective transfer of the said shares and the rights, title and
interest of the Transferors in the said premises.
9) The Transferee agrees to comply with all the rules, regulations
and bye-laws of the said Society (Proposed), and shall apply for
the membership of the said Society (Proposed).
10) The Transferee do hereby covenant with the transferors that they
shall pay their share of taxes, all outgoings etc. in respect of the
said office after taking possession of the same, regularly and
shall become a member of the said society and shall abide by
all the rules, regulations and bye-laws of the said Society
(Proposed).
11) All costs, charges and expenses of and incidental hereto related
to the Agreement and other documents and the stamp duty as
per the market value and registration charges, legal expenses
and Society’s transfer charges (if any) shall be borne and paid
only by the Transferee.

IN WITNESS WHEREOF, both the parties hereto have hereunto set


and subscribed their respective hands on the day and year
hereinabove first written.

SCHEDULE ABOVE REFERRED TO

OWNERSHIP Office, admeasuring 72 sq.ft. (Carpet) area, situated at


Gokul Shopping Centre, Office No. 312 Third Floor, 91, Swami
Vivekanand Road, Borivali (W), Mumbai – 400 092. The said Building
was constructed on a piece and parcel of land bearing C.T.S. No.
123; 123/1 2/2 at Village: Kanhari, Taluka – Borivali, Registration
Sub-District Bandra Mumbai Suburban District. The Building
comprising Ground plus floors without Lift facility constructed in the
year 2002.
SIGNED AND DELIVERED by the ]

Within named TRANSFERORS ]

SHRI SUNDERLAL A.JAIN (HUF) AND


SHRI. NARESH S.RIYAWALA (HUF)

In the presence of ……….. ]

SIGNED AND DELIVERED by the ]

Within named TRANSFEREE ]

M/s. GHANSHYAM CONSTRUCTIONS ]

In the presence of ………..

WITNESSES:

1.
2.
RECEIPT

RECEIVED on the day and year hereinabove first written, of and from

the within named TRANSFEREE M/s. GHANSHYAM CONSTRUCTIONS,

the sum Rs.5, 70,000/- being the full and final consideration or price

for the sale of the office to be paid by him to us, in the manner

hereinabove written.

I SAY RECEIVED

SHRI SUNDERLAL A.JAIN (HUF)


AND
SHRI. NARESH S.RIYAWALA (HUF)
TRANSFERORS

WITNESSES:

1.
2.

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