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DEED OF APARTMENT

This deed of Apartment made and executed on this ____ day of December 2010 at Pune.
BETWEEN
XXX.
Age : Adult , Occupation:- Service ;
Residing at : 126, YYY,
Pune - 411011
(Hereinafter called and referred to as The VENDOR for the sake of brevity and convenience,
which expression, shall unless therebe anything repugnant to the subject or contrary to the
context shall mean and include his heirs, legal representatives , executors, administrators and
assigns, etc.)

PARTY OF THE FIRST PART


AND
ZZZ.
Age : 41 Years , Occupation:- Business;
Residing at : FFF
PAN NO RRR

(Hereinafter called and referred to as The PURCHASER for the sake of brevity and
convenience which expression, shall unless therebe anything repugnant to the subject or
contrary to the context shall mean and include his respective heirs , legal representatives,
executors. Administrators and Assigns etc.)

PARTY OF THE SECOND PART

WHEREAS All that piece and parcel of property bearing C.T.S No 126, Kasba Peth ,
Pune 411 011 admeasuring about 248.30 sq Mtrs situated within the Registration district
of Pune, Registration Sub district of Taluka Haveli and situated within the limits of Pune
Municipal Corporation and within the jurisdiction of Sub-Registrar, Haveli No 1 to 20 was
owned and possessed by the members of Dhere Family , the description of the said property is
more fully and particularly described in the schedule I hereunder written.
ANDWHEREAS

The members of Dhere family made and entered into Development

Agreement dated 12/10/2002 and Power of Attorney incidental to the said Development
Agreement dated 18/10/2002 with M/s. ---- a registered partnership firm .
ANDWHEREAS As per the said Development Agreement

M/s. SUVIDHA

INVESTMENTS has got right to develop and construct the building consisting of residential
premises, shops and offices as per the sanctioned plan of Pune Municipal Corporation and also

got right to enter in to agreement with the tenants/prospective buyers in respect of the said
property.
ANDWHEREAS M/s. ---- thereafter submitted plan for approval and same was
sanctioned by the Pune Municipal Corporation as per commencement certificate bearing No
4703 dated 17/ 7/2002.
ANDWHEREAS An Agreement to sale was made and executed by and between the
Vendor/Assignor herein on the one hand and M/s. ---- on the other hand in June 2004 in respect
of the flat No. 5 B situated on the third floor in the scheme known as GURUDEV DATTA
APARTMENT (The description of the flat is more particularly described in the Scheduled II
and here in after referred to as the said flat), and which agreement to sale was duly executed by
and between the Vendor /assignor and M/s. ---ANDWHEREAS M/s. SUVIDHA INVESTMENTS handed over the vacant and
peaceful possession of the said flat to the Vendor/assignor herein after the receipt of the full
consideration of the said flat from the Vendor/assignor.
ANDWHEREAS By virtue of the Agreement made and executed in June 2004 the said
flat is in actual occupation and possession of the Vendor/Assignor as an absolute and lawful
owner/holder thereof, without any interruption.
ANDWHEREAS Thereafter the original owners and M/s. ---- have submitted the said
property to the provisions of the Maharashtra Apartment Ownership Act, 1970 And executed
Deed of Declaration on 08/3/2006 which was duly registered in the office of Sub-Registrar
Haveli No. -, Pune under Sr. No.---- .
ANDWHEREAS That after having knowledge of the fact that the Vendor was desirous
of transferring/selling the said flat to the Purchaser approached the Vendor and offered to
purchase the said flat for a total consideration of Rs. 3,20,500/- (Rs. Three Lakhs Twenty
Thousand and Five Hundred only).
ANDWHEREAS The offer of the Purchaser being the reasonable among the other offers
and is in accordance with the market rate prevailing in that locality, the Vendor accepted the
same and has agreed to sell the said flat to and in favour of the Purchaser for the total
consideration of Rs. 3,20,500/- (Rs. Three Lakhs Twenty Thousand and Five Hundred only)
NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:-

1)

That the Vendor herein do hereby grants, transfers, conveys, by way of sale a residential
flat bearing No - 5 B admeasuring 19.51 Sq Mtrs built up situated on the third floor in
the building now known as --- in favour of the Purchaser for a total consideration of
Rs. 3,20,500/- (Rs. Three Lakhs Twenty Thousand and Five Hundred only).

2)

That the Purchaser has paid the aforesaid entire agreed consideration of Rs. 3,20,500/(Rs. Three Lakhs Twenty Thousand and Five Hundred only) in respect of the said
Apartment to the Vendor in the following manner:
a) Rs.2,00,000/-

Paid by Demand Draft No --dated 29/11/2020 of --- Co-Op Bank .

b) Rs.1,20,500/-

Paid by the Purchaser to the Vendor by way


of cash from time to time

_______________
Rs 3,20,500/-

( Total Rs. Three Lakhs Twenty Thousand and Five


Hundred only).

Thus the entire agreed consideration in respect of the transfer of all the rights, title and
interests in respect of the said apartment has been received by the Vendor from the
Purchaser and the receipt whereof, the vendor doth hereby admits and acknowledge and
release and discharge the Purchaser from and every part thereof.
3)

That the Vendor has today delivered actual and physical possession of the said Flat to the
Purchaser herein.

4)

The Vendor doth hereby declare, assure and undertake unto the Purchaser:(a) that the Vendor has absolute right, title and interest to transfer the said Flat by way of
sale to the Purchaser and that if at all it is found that there is any defect in the title of the
Vendor the same shall be immediately removed by the Vendor entirely at his own risks
and costs.
(b) The Vendor has assured the Purchaser that except the Purchaser he has not agreed to
sell the said Flat orally or in writing to any third party and the Vendor states that the
said flat is free from all encumbrances and having clean and marketable title.
(c) That all the rates, taxes, cesses, common charges, building maintenance, electricity
bills, water charges etc., pertaining to the said Flat till the registration have been borne
and paid by the Vendor and hence forth the same shall be borne and paid by the Purchaser
herein. If at all it is found that there are any arrears in respect of the same prior to the
registration of the Deed of Apartment then the Vendor herein shall immediately pay the

same. In any event the Purchaser is indemnified by the Vendor for any amount
outstanding regarding outgoing charges.
(d) That the Vendor shall entirely co-operate with the Purchaser and shall at his own
expenses produce all the necessary documents, No objection certificates from all the
Authorities concerned for the effectual transfer of the said Flat in favour of the Purchaser.
5)

The Purchaser herein shall become member of the Association of Apartment


---- and shall abide by its bye laws contained in the

Owners in

Deed of Declaration and such

other Rules, and Regulation framed by the said Association of Apartment Owners from
time to time .
6)

That henceforth, the Purchaser herein shall and may at all times peaceably and quietly
enter upon, have hold, /or occupy, possess and enjoy the said flat and other premises and
receive the rents, issues and profits thereof to and for their own use and benefits, without
any suit, interruption, claim and demand whatsoever, from or by the Vendor or his
representatives or any of them or any person/s lawfully or equitably claming or to claim
by from under or in trust for the Vendor herein or any of them and that free from and
clear and freely and clearly and absolutely acquired, exonerated and forever discharged or
otherwise by the Vendor well and sufficiently saved, defended and kept harmless and
indemnified of from and against all former and other estates, titles, charges troubles and
encumbrances whatsoever had made, executed occasioned or suffered by the Vendor or
any other persons or person lawfully or equitably claming or to claim by, from, under or
in trust for him or any of them.

7)

That the Vendor and all persons having lawfully claiming any estate or interest whatsoever
to the said apartment and other premises or any part thereof, from under or in trust for the
Vendor or his administrators and assigns or any of them, shall and will from time to time
and at all times hereafter at the request and cost of the Purchaser do and execute or cause
to be done and executed all such further and other acts, deeds, things, conveyances and
assurances in law, whatsoever, for better and more perfectly assuring in law, whatsoever,
for better and more perfectly assuring the said apartment and premises and every part
thereof unto and to the use of the Purchaser in the manner aforesaid as by the Purchaser
his heirs, executors, administrators and assigns or counsel in law, shall be reasonably
required.

8)

That this Deed of Apartment shall always be subject to the provision of The Maharashtra
Ownership Flats (Regulation of the promotion of construction , sale , management and
transfer ) Act ,1963 & The Maharashta Apartment ownership Act, 1970 and the Rules
made thereunder from time to time .

9)

That all the costs, charges of stamps, registration fees, advocate fees, and other incidental
expenses of this Deed of Apartment has been borne and paid by the Purchaser.
SCHEDULE- I
All that piece and parcel of property bearing C.T.S No ---, --- Peth , Pune 411

011 admeasuring about 248.30 sq Mtrs situated

within

the

Registration district of Pune,

Registration Sub district of Taluka Haveli and situated within the limits of Pune Municipal
Corporation and

within the jurisdiction of Sub-Registrar, Haveli No 1 to 20 and the said

property is bounded as follows :On or towards the East

:- By Road

On or towards the South :- By C.T.S.No 125 Kasba Peth


On or towards the West :- By C.T.S.No 125 Kasba Peth
On or towards the North :-

By C.T.S.No 127 Kasba Peth

.
SCHEDULE II
A residential flat bearing No - 5 B admeasuring 19.51 Sq Mtrs built up situated on the
third floor in the building now known as ---- standing on the land more particularly described
in the Schedule - I hereinabove written .
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands to
this Deed of Apartment on the day and date first hereinabove mentioned.
Witnessess :1) Signature
Name

VENDOR

Address
2) Signature
Name
Address
PURCHASER