1

// SHREE GANESH PRASSANA //

SALE DEED

THIS SALE DEED is made and executed at PimpriChinchwad on

12th__ day of June October 20154.

____

MRS. SARLA DEEPAK DHARMANI

Age 45 years, Occ: Housewife
R/at:- PWD, 6/7, Pimpri, Pune 411017
MR. ANUP PARMANAND JHAMTANI
Age : 30 years, Occ : Business
R/at:- 101, Bougen Villa, Lane 5, Anand Park,
Aundh, Pune 411007.

Hereinafter referred to as PURCHASER.

(Which expression shall unless repugnant to the context shall

mean

and

survivors,

include
legal

himself,

his

heirs,

representative,

his

successors,

administrators,

administrators executors and assigns etc.)

.. PART OF THE FIRST PART

AND
________________________________

MR. VIJAY GOPICHAND RAMCHANDANI

Age : 45 years, Occ : Business
R/at:- Flat No. 2B, Dhanraj Complex, Pimpri,

Pune 411017.

Hereinafter referred to as VENDOR

(Which expression shall unless repugnant to the context shall

mean

and

survivors,

include
legal

himself,

his

heirs,

representative,

his

successors,

administrators,

administrators executors and assigns etc.)

.. PARTY OF THE SECOND PART
AND

MR. ANUP PARMANAND JHAMTANI

Age : 30 years, Occ : Business
R/at:- 101, Bougan Villa, Lane 5, Anand Park,
Aundh, Pune 411007.

Hereinafter referred to as CONSENTING PARTY

(Which expression shall unless it be repugnant to the

context shall mean and include himself, his heirs, his
successors, survivors, legal representative, administrators,
executors and assigns etc. )
.. PARTY OF THE THIRD PART

All the piece and parcel of property bearing City Survey

no. 4191, having sheet no. 131, area admeasuring 512
Sq.Mtrs. ( Hereinafter referred as Said Property details of

which are mentioned in Schedule of Property) on which

constructions as per sanctioned plan of PCMC construction
is carried out ,

the vendor after due negotiations and

discussion with Purchaser and in consideration of the ratio

of units being purchased in the building by the Purchaser in
the present building does grant out of which exclusive rights
of toilet usage and does hereby sells out

shops bearing

numbers

ground

:-no.

1,2,3,8,9

&

105

on

floor,

admeasuring an area about 16.85181.37 sq.mtrsft each i. e

181.376.85 sq.ft.eachmtrs , Offices bearing no. 1,2,3,4 9,10 5
& 116

on the first floor out of which office no 1 and 2

admeasuring

area

169.2

sq.ft

and

remaining

offices

admeasuring an area about 215 sq.ft each i. e 19.97 sq.mtrs

and one residential unit admeasuring area .. sq.ft
that is sq.mtr andwith parking place below the said
shops and office admeasuring an area about _______ sq.ft (
Hereinafter referred as Said Units) details of which are
mentioned in the Schedule Of Tenement written hereunder).

in

the

building

named

and

style

as

_______________________ situated at land all that piece and

parcel of property bearing City Survey

No. 4191, having

sheet No. 131 , area admeasuring 512 Sq. Mtrs., at village

Pimpri Waghere (Pimpri Camp), Taluka Haveli, District
Pune and within the limits of Pimpri Chinchwad Municipal
Corporation and within the Jurisdiction of Sub-Registrar
Haveli.

Which properties are bounded as follows :

On or towards East

By B-Block, Varanda No. 7,

Main Bazaar
On or towards West

By PCMC colony road

On or towards North

By PCMC colony road

On or towards South :

By road for B- Block

No.
(hereinafter referred as Said property for the sake of
convience and brevity )

2.

That

the

said

property

described

in

scheduled

abovebelow was owned by Government of Maharashtra. The

Government of Maharashtra had issued a Government
resolution on 27/04/1973 on behalf of which Government
lands can be disposed off. The party of the Second Part being
a refugee had made application to the Collector of Pune for
grant of said scheduled property on 25/07/2000. Thereafter
an enquiry was conducted by Tahsildar and they had
submitted their report to the Government of Maharashtra.
Thereafter the Government of Maharashtra redirected the
proposal for the remarks of the District Collector through
Divisional Commissioner, Division Pune. The collector of Pune
submitted their report to Revenue and forest Department,

Maharashtra

State,

Mumbai

through

Divisional

Commissioner, Pune along with the enquiry report.

3.

Thereafter the Government of Maharashtra i.e. Revenue

and

Forest

Department

accorded

sanction

vide

their

memorandum no. 2003/P.K.72/R-7 dated 25/02/2004 in

which the request of the party of the second part was
considered. Thereafter on the request of Collector, Pune, the
deputy Director Town Planning,. Submitted their report on
the valuation of the said property based on market value
dated 23/03/2004 of Rs. 3,700/- per sq. meter and asked the
party of the second part to deposit Rs. 18,94,400/- to the
collector Pune. Accordingly the Party of the second part had
deposited the said amount in state Bank of India Pune by
challan and presented the same to the collector, Pune.

4.

Thereafter the collector, Pune issued a land grant order

no. Refugee/PPt/WS/57/2003 dated 18/11/2004 in favour of

the Party of the second part had handed over the possession
of the said scheduled property to the party of the second part
by executing necessary possession receipt. Accordingly on
16/05/2005 to party of the second part and executing
possession receipt. Thus by following all legal formalities and
taking into consideration all legal provisions and various laws
the said scheduled property was granted to the party of the
second part. Thus the party of the second part became
owner/holder of the said scheduled property as per the terms
and conditions granted by the Government of Maharashtra.

5.

That thereafter one Mr Dhanraj Aswani being aggrieved

with the same had filed writ petition before the Honble High
Court, Mumbai bearing writ petition no. 3085/2005. But the
said Writ petition was dismissed on merit by Honble High
Court, Mumbai on 13/10/2005. Thereafter he

filedhe filed

special leave petition bearing no. 25991/2005 before the

Honble Supreme Court, Delhi, Butbut the said Special Leave
Petition was also dismissed on 04/01/2006.

6.

Thereafter above person preferred an appeal U/s 247 of

Maharashtra Land Revenue Code, 1996, before the Divisional

Commissioner, Pune bearing RTS/Appeal/Pune/6/2006 on
31/01/2006.

In

the

said

matter,

the

Additional

Commissioner, Pune allowed the said appeal and set aside

order dated 18/11/2004 of the Collector, Pune, allotting the
scheduled land to the party of the second part by its order
dated 15/01/2007.

7.

Thereafter the Vendor preferred RTS appeal

no.

81/2007 before the Honble Revenue Minister, State of

Maharashtra, Mumbai. After hearing the parties the Honble
Revenue Minister, State of Maharashtra, Mumbai by its order
dated 02/07/2008 set aside the order dated 15/01/2007
passed by the Additional Commissioner, Pune and restored
the order of the Collector, Pune dated 18/11/2004.

8.

Thereafter writ petition no. 6358/2008 was filed Mr.

Dhanraj Aswani before the Honble High Court, Mumbai

against

order

02/07/2008.

passed
The

said

by
Writ

the

Revenue

petition

was

Minister

on

decided

on

05/09/2009 and the Honble High Court, Mumbai had

directed by Revenue Minister, State of Maharashtra, Mumbai
to re hear the matter. Accordingly case no. 30/2008
proceeded and Honble High Court, Mumbai had directed by
Revenue Minister, State of Maharashtra, Mumbai by its order
dated 16/06/2009 confirmed the earlier order passed by the
Honble High Court, Mumbai had directed by Revenue
Minister, state of Maharashtra, Mumbai on 02/07/2008.
Thereafter again writ petition before the Honble High Court,
bearing no. 5731/2009 has been filed. And Honble High
Court has granted interim relief of not creating third party
interest in respect of the said property. The said writ petition
is pending before the Honble High Court, Mumbai for
adjudication.

9.

That in the meantime, Party of the Second Part had got

building plan sanctioned from the office of PCMC by its

commencement certificate no. BP/Pimpri/40/2005 dated
30/05/2005. Thereafter the said commencement order was
extended from time to time. Similarly on/18/11/2004, Party
of the second part had obtained NA order from the office of
Collector, Pune by its no. 57/2003 dated 18/11/2004.

10.

That Vendor Party of the second part through party of

the third part had approached Purchaser to construct

building on said property thus Vendor started construction
through purchaser on the said scheduled property and which
was completed as per sanctioned building plan and as on
today there are shops/ offices in the said building consisting
of Ground + Two Floors. That the Purchaser party of the third
part has carried out construction on the said scheduled
property with its own funds hence in leiu of the payment due
to purchaser for the construction carried out by him at his
cost, The Vendor is selling the said units to the Purchaser..

WHEREAS in the year _____ the Vendor has agreed to sell the
said units in building constructed on said unitsproperty to
the Purchaser and has accepted the part consideration of Rs.
152,00,000/- (Rs. FifteenTwo lakh only) by way of Chequeash
on 15/7/2008 which has been paid by the Purchaser to the
Vendor on the various occasions. And the Vendor has received
the same.

AND WHEREAS DUE due to to above litigations the Vendor

has not yet executed registered final Sale deed in favor of the
Purchaser. And now the aforesaid Dispute is believed to be
resolved Thus the Purchaser has made all the balance
Consideration according to the details of payment Schedule .
Hence this Deed.

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NOW THIS SALE DEED WITNESSETH AS AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:1. The Vendor do hereby convey and transfer by way of sale
unnto to the purchaser all that piece and parcel of the
said units property and which is further more
particularly described in the schedule hereunder
written TOGETHER with all the things permanently
attached thereto or standing thereon and all the
privileges, easements, profits, advantages, rights and
appurtenances whatsoever to the said units property or
any part thereof belonging or anyway appertaining
thereto. And all the estate, rights, title, interest, use
possession, benefit, claim anand demand whatsoever at
law or otherwise of the Vendors to convey and every part
thereof TO HAVE AND TO HOLD the same unto and to
the use and benefit of the Purchaser absolutely and
forever, subject to the payment of all rents, rates, taxes,
assessments, dues and duties now chargeable and
payable and that may become chargeable and payable
from time to time hereafter in respect of the sale of the
said property to the Government of Pimpri Chinchwad
Municipal Corporation, City Survey Office, Talathi
Office or any other public body of local authority in
respect thereof.

2. AND the Vendors do hereby agree with the Purchaser

that,
a. The Vendor has in himself good right, full power and
absolute authority to convey and transfer by way of
sale, the said piece of properties and the premises
hereby conveyed or intended so to be unto and to the
use of the purchaser in the manner aforesaid.

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b. Vendor hereby assures unto & to the purchaser that

the said units properties are free from all kinds of
encumbrances, liabilities, nor the said units
properties isare sold or agreed to sale, by way of sale,
Mortgage,
Lease,
Exchange,
Gift,
Donation,
Maintenance, Attachment etc. & is not the subject
matter of Family/ Society/ Civil/ Criminal or any
court Dispute. The said units properties are not
subject matter of acquisition, requisition and/or
reservation. No. notice in that behalf had been
received by the Vendor. That no other person other
than the Vendors have any right, title or interest in
the said units properties or any part thereof.
c. The Vendor has handed over the possession of the
referred said units property described in schedule
hereunder written to the purchaser today which
possession is accepted by the purchaser and is
confirmed by Vendors and the purchaser shall from
time to time and at all times hereafter peacefully and
quietly enter upon, occupy, or possess and enjoy the
said land and premises hereby conveyed with his
appurtenances as Owner thereof, and shall hereafter
receive the rents, issues and profits thereof and every
part thereof for his own use and benefit without any
suit, lawful eviction or interruption, claim and
demand whatsoever from the Vendor or his heirs or
any of them or by any person or persons claiming or
to claim from under or in trust for them.
d. The purchaser shall hold the said units property free
and clear and absolutely acquired, exonerated and
forever released and discharged or otherwise held by
the Vendor and well and sufficiently saved, defended
kept harmless and indemnified or, from and against
all former and other estates, titles, charges,
encumbrances whatsoever had, made executed,
occasioned and suffered by the Vendors or by any
other person or persons claiming or to claim by from,
under or in trust for them.

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e. The Vendor shall hereby covenants with the

purchaser that they shall co-operate with the
purchaser in getting her name recorded in the Pimpri
Chinchwad Municipal Corporation, in respect of the
said units property and shall make herself present as
and when required by the concerned Authorities so
as to enable the purchaser to get her name recorded
in the concerned record.
f. The Vendor agrees that he shall at all times hereafter
at the cost of the purchaser shall execute all the
necessary documents and cause to be done all such
further acts, deeds, things conveyance and
assurance in law whatsoever for the better and more
perfectly granting the rights of the said properties
unto and to the use of the purchaser or has
nominees shall reasonably require.
g. The Vendor has handed over all the necessary
documents of the said units property to the
purchaser.
h. That the Vendor further assures unto and to the
purchaser that they have paid till today, property
taxes, revenue taxes and duties if any amount in that
behalf is found left unpaid the Vendor hereby assures
to pay the same without causing any inconvenience
to the purchaser. The purchaser from today is liable
to pay all the above future taxes. Vendor shalll
co-operate & sign necessary documents in respect of
the said units property .
i. That party of the first part had already paid Rs.
152,00,000/- to the party of the Second part towards
part consideration which is to be adjusted as
mentioned above from the total consideration being
payable towards the purchase of the said units
property.
j. That in lieu of consideration the party of the First
Part i. e Purchaser has and shall pay following

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consideration to the party of the second part i.e

Purchaser.

Rs.- 102,00,000/- Paid by cashheque no 305399 on

_______15/7/2008 date
Drawn on Seva vikas
Bank
Rs.- 5,00,00024,66,000/- Paid by cheque no
308591 bearing No. 15/7/2008_______ dated
Drawn On Seva vikas Bank
Rs 1,50,00,,000/- Paid by the way of incurring
cost for construction of the entire building
________________
Total Rs. 1,265,0066,000/- ( Twenty Six Lakhs
Sixty six thousand One crore sixty five lakh Only)

3. That entire cost for the construction of the said building

is incurred by the Purchaser himself hence the in lieu of
payment of construction cost the vendor do hereby set
off the balance consideration payable towards purchase
of said units.
4. This particular consideration is decided as per existing
construction carried out as per sanctioned plan of
PCMC as on Today. That party of the Third part haspart
has made all the expenses on behalf of party of the
second part andpart and consideration to party of the
third part and is to be settled with him. Hence he has
given consent to the present Sale deed and has signed
this as consenting party.

5. All the Parties shall co-operate with each other to

implement, execute and finalize the sale proceeds
without causing any inconvenience to each other

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6. All the expenses towards stamp-duty, registration

charges, advocate fee, typing & all other incidental
charges are borne by the Purchaser.

9.

The consideration for the subject properties as

envisaged in this Deed is of Rs26,66,000./-.
Accordingly Stamp Duty and Registration Charges are
paid on the Consideration Value.

SCHEDULE OF THE PROPERTY

All the piece and parcel of property bearing City
Survey
No. 4191, having sheet No. 131 , area
admeasuring 512 Sq. Mtrs., on which construction as
per sanctioned plan of PCMC is carried out area total
ground floor admeasuring area about 3184.5 sq.ft .
out of which shops bearing no. 4 and 5 each
admeasuring area 181.37 sq.ft & total admeasuring
area 362.74 sq.ft on ground floor, then first floor
total admeasuring area about 3611sq.ft sq.ft each
i. e 215 sq.ft , from that Offices bearing no. 5 & 6
total admeasuring area about 430 sq.ft each i. e total
39.94 sq.mtrs and parking place below the said shops
admeasuring an area about _______ on which the in the
building
is
constructed
as
__ACE
SHOPPIN
STREET_____________________named
and
style
as
_______________________
which is situated at village
Pimpri Waghere (Pimpri Camp), Taluka- Haveli, DistrictPune and within the limits of Pimpri Chinchwad
municipal Corporation and within the jurisdiction of
Sub- Registrar Haveli.
Which properties are Bounded as follows:
On or towards the East

: By B- Block, Varanda No.

7, Main Bazaar

On or towards the West

: By PCMC colony road.

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On or towards the North

: By PCMC colony road.

On or towards the South

: By road for residents of

B-Block no. 6.

SCHEDULE OF TENAMENT
All

that

is

Shops,

offices

and

residential

units

constructed on aforesaid property, in building named

. The location , Sr.no and area details of
units, which are subject matter of this Sale deed are in
the table hereunder , which are as follows:-

Sr.

Particulars

Location

Area

Total Area

no

per

purchased

1.

Toilet

Ground

unit
181.37 181.37

2.

Shops no 1,2,3,8,9

floor
Ground

sq.ft
sq.ft
181.37 1088.22

3.

and 10
Office no 1, 2,

floor
First floor

sq.ft
169.2

sq.ft
338.4

sq.ft
215

sq.ft
1075 sq.ft

4.

Office no 3, 4, 9, 10 First floor

5.

and 11
Residential flat

Second

Parking space

floor
Basement

sq.ft

below shops
purchased

IN WITNESS WHEREOF the Vendor, purchaser &

Consenting

party

have

set

and

subscribed

their

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respective hands on this day, month and year first above

written.

MR. ANUP PARMANAND JHAMTANI

MRS.SARLA DEEPAK DHARMANI
PURCHASER

MR. _____________________________VIJAY
GOPICHAND RAMCHANDANI
VENDOR

MR. ANUP PARMANAND JHAMTANI

CONSENTING PARTY

WITNESS:-

1.

SIGN

:-

NAME

:-

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ADDRESS :-

2.

SIGN

:-

NAME

:-

ADDRESS :-