agreement of sale draft
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8/13/2019 Agreement of Sale Draft
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AGREEMENT OF SALE
This Agreement to Sale made at Hyderabad on this 4 th of febraury, 2014 by andbetween:
M/s. United Enterprises, Represented by its Managing Partner Mr. Syed Anwar,S/o Syed Akbar aged about 66 years Occ: Business, having its office 1-4-523/1,Musheerabad, Hyderabad 5000####.
Hereinafter referred to as the PARTY OF THE FIRST PART / VENDOR , whichexpression shall mean and include all its successors, legal heirs, representatives,successors, executors, administrators and assigns etc.
AND
M/s. Scope Industries (India) Limited Represented by its Chairman & MangingDirector Aged about 34 Years, Occ: Business R/o 608 Teja, My Home NavadeepaHyderabad 5000####
Contd…. 2
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Hereinafter referred to as the PARTIES OF THE SECOND PART / VENDEE , whichterm shall mean and include all his legal heirs, executors,administrators, successors,and assignees of the other part.
And whereas the Party of the Second Part is a Infrastructure Company which hasentered into a purchase Agreement with M/s. United Enterprises (Landlord) for theSale of property bearing Municipal No.12-5-108, On Sy No 14/2 Admeasuring 3583Sq Yds Or 3000 Sq.mts,Situated at Bharath Nagar Colony, Moosapet, Hyderabad,having purchased the same from 1) Sree Vallabh and others vide document no2341/82, Regd at district registrar Rangaredyy District.
And whereas the Party of the First Part is fully competent and entitled to sell its land
and building.
And whereas the Party of the First Part has agreed to sell and the Party of the
Second Part has agreed to purchase bearing Municipal No.12-5-108, On Sy No 14/2
Admeasuring 3583 Sq Yds Or 3000 Sq.mts,Situated at Bharath Nagar Colony,
Moosapet, Hyderabad. which shall herein after be referred to as “the said premises”
and which has been more particularly described in the schedule hereunder written
subject to the terms, conditions and covenants contained herein.
NOW THIS AGREEMENT IS WITNESSETH AND IT IS HEREBY MUTUALLY
AGREED AS FOLLOWS :
1. That the Party of the First Part shall construct premises and building as per
plans, designs and specifications shown in the layout plan as approved by
the Municipal Corporation of Hyderabad and as examined and approved by
the Party of the Second Part subject to such variation and modifications asmay be considered necessary and desirable by the Party of the First Part in
respect of the said premises as well or entire layout of the building and the
consent of the Second Party shall not be necessary for any such alteration
or amendments and changes.2.
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2. That the Party of the Second Part has agreed to purchase propertybearing Municipal No.12-5-108, On Sy No 14/2 Admeasuring 3583 Sq YdsOr 3000 Sq.mts,Situated at Bharath Nagar Colony, Moosapet, Hyderabadmore particularly described in the schedule hereunder for a total saleconsideration of Rs.16,12,35,000 (Rupees Sixteen Crores Twelve Lakhs
Thirty Five Thousand Only) @ 45000 per sq. yrd including the cost of oldbuilding.
3. That the Party of the Second Part has paid an initial amount of sale
Consideration of Rs.1,00,00,000 (Rupees One Crore only) for which
receipts have been taken, that the party of the second part also agreed to pay
the remaining balance amount of Rs.15,12,35,000 (Rupees Fifteen crores
Twelve Lakhs Thirty Five Thousand only ) will be made on or before 21 st
Febraury 2014.
4. That on payment of full consideration as specified in the schedule herein
above the Party of the First Part shall deliver the possession of the Land and
building to the Party of the Second Part and the Party of the Second Part shall be
entitled to enter into the premises and hold and enjoy the same with all rights and
privileges.
5. That the Party of the Second Part shall not have any claim right or titleover the land on which the said premises is constructed and it is hereby
specifically agreed and declared that the land is for the common use of the
owners of all premises and tenements that are proposed for construction in
the said premises as per the rules.
6. That the Party of the Second Part shall be entitled to the right of
approach and easement rights attached to the property.
7. That the Party of the Second Part is satisfied with the title to the
property held by the Party of the First Part and the power and authority of the
Party of the First Part to deal with the same.
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8. That in the event of any delay in the completion of the construction of
the Flats and in the delivery of the possession by reason of non-availability of
steel, cement etc. or by reason of war, civil commotion etc. due to any act of
God or due to any difficulty or impossibility arising from any Government &
Local authority etc. the party of the First Part shall not be held responsible,
but however, the Party of the First Part assures the Second Party that the
construction of the Flat would be completed within 12 months from the date of
this agreement and the delivery of possession will be made over to the party
of the Second Part within that period.
9. The Party of the Second Part shall take delivery and possession of the
said premises on and within one week of the receipt of intimation, that the
Second Party fails to take delivery within one month, from the date of said
intimation, the Party of the First Part is entitled to cancel this agreement and
allot the said premises to any Third Party Purchaser.
10. The Parties of the Second Part shall become a member of the
cooperative society or an Association registered under Societies Registration Act or any other analogous enactment or regulation, that may be formed with
the owners of the premises as members and shall abide by rules and by-laws
of the said society who shall be administrators and supervisors of common
services (Lift, toilets, staircase, drainage, water supply, electricity and other
properties of common enjoyment). That Party of the Second Part shall
pay to the said society / association his / her / their share of the amount
towards common services etc. as maintenance and rates livable or any other
sum property tax to the Municipality and other taxes to concerned authority of
possession of the premises. The electricity meter for his / her / their premises
shall borne and payable by the Party of the Second Part to the concerned
authorities.
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11. The Parties of the Second Part shall not let out, sublet, transfer or
assign or part with his interest or possession of the said premises or transfer
or assign the rights under this agreement without the previous permission in
writing of the party of the First Part in that behalf. Any Transfer or assignment
or any agreement made in that behalf by the Party of the Second Part in
contravention of this clause shall be null and void and shall not be binding on
the Party of the First Part.
12. That the Parties of the Second Part covenants that he/she/they would
not object to the inconvenience that may caused during the construction of
other above floors, tenements or structures and any buildings in the premises
by gathering of men and material and by erection of scaffolding and such
other acts.
13. The Party of the Second Part shall further deposit with the Party of the
First Part such sum as may be required towards the legal and the other
expenses for registration of incorporation and / or co-operative society and /
or Association.
14. The Party of the Second Part also agrees not to object or obstruct the
laying of any wires and erection of poles and laying of pipes for water,
drainage, telephone and electricity line and other such items.
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15. The Party of the Second Part further covenants with the Party of the
First Part and through them to the Purchasers of the other premises, that he
/ she / shall not demolish or caused to be demolished any structure in the said
building or any portion of the same nor will he/she/they at any time make a
cause to be made any new construction of whatsoever nature on the said
premises or building or any part thereof nor make any additions, alternations
in the said premises without the previous consent of the Party of the First Part
or the proposed society or Association of all purchasers which may be
formed.
16. That the party of the second part is liable to pay VAT on the sale
consideration as applicable by the VAT Act.
17. That the party of the second part intents to sell the flat to any third
party they can do so after paying the full and final payment to the party of
the first part.
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SCHEDULE ‘ A’ OF THE PROPERTY
All that House Property bearing Municipal No.12-5-108, On Sy No 14/2
Admeasuring 3583 Sq Yds Or 3000 Sq.mts,Situated at Bharath Nagar Colony,
Moosapet, Hyderabad, A.P.India and bounded by:
NORTH : Plot Belonging to Smt B. Laxmi and others
SOUTH : Road Housing board
EAST : Land belonging to Housing board
WEST : Land belonging to T. Hanumaiah and others
IN WITNESS WHEREOF both the parties have signed this Agreement of Sale with
free will and consent on this ______________in the presence of the following
witnesses:
WITNESSES:
1. 1) PARTY OF THE FIRST PART
2.2) PARTY OF THE SECOND PART