Assignment No.03 (18) (Problem No.
18)
       Mr.Manjunath is a resident of Bengaluru and owns a site measuring
1200 Sq.ft. at Rajajinagar. Now with an intention to make investments in
business he wants to sell his property. Mr.Jagadeesh agreed for the general
offer and they settled a deal at Rs.80lakhs. Mr.Jagadeesh agreed to pay the
whole amount on the day of execution of Sale in the Office of the
Sub-Registrar. Draft a Sale Deed.
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                         SALE DEED
      THIS DEED OF ABSOLUTE SALE is made and executed on
this the Tenth Day of June Two Thousand Fifteen (10.06.2015) at
Bengaluru,
BY: / BETWEEN:
Sri. JAGANNATH,
Aged 48 years,
S/o. Late Rameshwar,
R/at. No. 72, Hospital Road,
Bangalore – 560 053.
Hereinafter referred to as ‘SELLER’/‘VENDOR’ (which expression
shall mean and include his heirs, legal representatives,
administrators, executors, successors, assigns etc) of the One
Part/First Part:
IN FAVOUR OF: / AND:
Sri. MANOJ,
Aged 42 years,
S/o. Vishwanath,
R/at. No.225, Sankey Road,
Sadashivanagar,
Bangalore – 560 003.
Hereinafter called the ‘PURCHASER’/BUYER/VENDEE (which
expression shall mean and include his heirs, legal
representatives, administrators, executors, successors, assigns
etc) of the Other Part/Second Part:
     WHEREAS the Seller herein is the sole and absolute owner
by title and in peaceful possession and enjoyment of the
property bearing No.40, Hospital Road, PID No.43-85-28/9,
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Corporation Ward No.28, Bangalore, measuring 1200 square feet
of undivided share in the land, which is more fully and
particularly described in the schedule hereunder and hereinafter
referred to as the “SCHEDULE PROPERTY”.
     WHEREAS the seller herein got purchased the Schedule
Property out of his own funds, for a valuable sale consideration
from his Vendor Sri.N.Lakshminarayana, under a Sale Deed
dated 14.09.1998, registered as Document No. 1692/1998-99 in
Book-I, in the office of the Sub-Registrar, Gandhinagar,
Bangalore. That the seller after purchase of the Schedule
Property has got changed all the revenue entries in his names
in the revenue registry of the Bruhath Bengaluru Mahanagara
Palike and has assessed the property to revenue. The Bruhath
Bengaluru Mahanagara Palike, after the assessment of the
property has fixed the tax payable and has assigned the property
with PID.No.43-85-28/9. Further the Khatha Certificate dated
5.05.2015 discloses the name of the Seller as the Khatedar of the
Schedule Property. The Seller herein has paid the taxes as per
the assessment, which is evidenced by the tax paid receipt for the
year 2014-15 vide No. 642426 dated 10.05.2015. Thus ever since
from the date of purchase, the Seller is in peaceful possession
and enjoyment of the Schedule Property and exercising all the
rights over the same as true and absolute owner, without any
hindrance from any quarter.
     WHEREAS the seller with an intention to make
investment in a wiser sense has agreed to sell the Schedule
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Property to the Purchaser for a valuable sale consideration of Rs.
35,00,000/- (Rupees Thirty Five Lakhs Only) free from all
encumbrances and has received the entire sale consideration.
The sale deed is being executed on this day on the following
terms and conditions:
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:-
1. That in pursuance of the aforesaid agreement and in
consideration of the same, the Purchaser has paid the entire sale
consideration amount of Rs. 35,00,000/- (Rupees Thirty Five
Lakhs Only) to the Seller by cash paid on 10.06.2015. The Seller
do hereby admits and acknowledges the receipt of the entire
sale consideration amount of Rs.35,00,000/- (Rupees Thirty
Five Lakhs Only) through Demand Draft bearing No.313762
drawn on State Bank of India, Gandhinagar Branch, Bengaluru
and in consideration of the same, the Seller hereby conveys, sells,
transfers, grants and assigns unto and to the use of the
Purchaser all that part and parcel of the Schedule Property free
from encumbrances or any settlements, Will, charge, liens,
mortgages, attachments, maintenance charges, claims and
demands either by agreement, court Order or Decree,
pending or threatened legal proceedings of any kind,
whatsoever together with all the right of ways, easements of
necessity, advantages, whatsoever pertaining to or belong to the
Schedule Property, who shall hold, possess, use and enjoy all the
rights, title, interest and privileges belonging thereto TO HAVE,
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TO HOLD AND TO ENJOY the schedule property and every part
thereof, TO AND UNTO to the Purchaser absolutely and forever.
2. The Seller hereby covenants with the Purchaser that he has
full power and absolute authority and indefeasible title to sell
the Schedule Property and the Purchaser shall hereinafter
peacefully and actually HOLD, POSSESS AND ENJOY the
Schedule Property without any claim or demands, disturbances
or interruption whatsoever from the Seller, his heirs, legal
representatives, administrators, executors and assigns etc., and
the Schedule Property is free from all encumbrances, suits,
proceedings, costs, claims and demands.
3. The Seller further covenants that he shall at his own cost
and request of the Purchaser do or execute or cause to be
done or execute all such lawful acts, deeds, deeds of further
assurances, and other things whatsoever for further and more
perfectly and more fully conveying and assuring ownership and
possession of the Schedule Property and every part thereof, in the
manner aforesaid according to the true meaning and intent of
this deed.
4. The Seller further covenants with the Purchaser that he has
fully seized and possessed of and has every right to sell the same
in favour of the Purchaser and further there are no acquisition
or legal or departmental proceedings against the Schedule
Property and he has not entered into any agreement to sell the
Schedule Property or portions thereof with any third person so
far, and the Seller agrees to indemnify and keep indemnified
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the Purchaser from or against any losses, the Purchaser may
suffer consequent upon breach of covenants by the Seller.
5. The Seller hereby assures and covenants with the Purchaser
that there are no encumbrances or any settlements, Will,
charge, liens, mortgages, attachments, maintenance charges,
either by agreement, court order or decree, pending or
threatened legal proceedings of any kind, on the Schedule
Property, that may in any manner derogate full and absolute
ownership of property hereby conveyed and the Seller hereby
specifically agrees to defend at his own cost or enable the
Purchaser to defend at the cost of the Seller and also compensate
the Purchaser in case he is exposed to losses and claims. In case
the Purchaser is exposed to losses or claims on account of any
claim made hereto by the Seller or his heirs, legal representatives
and other persons claiming under him, the Seller shall
compensate the Purchaser for such losses and consequential
losses together with all the expenses and costs of litigation, if
any, which the Purchaser may incur in protecting his title to the
Schedule Property.
6. The Seller has no objection whatsoever to transfer the
Khatha of the Schedule Property in favour of the Purchaser in the
records of Bruhath Bengaluru Mahanagara Palike.
7. The Seller has paid the land tax, property tax and other
taxes in respect of the Schedule Property to the Bruhath
Bengaluru Mahanagara Palike up to date and the Purchaser can
pay the same here afterwards.
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8. The Seller has this day issued no objection letter to
transfer the power connection including the deposits in the name
of the Purchaser in the records of BESCOM.
9. The Seller has on this day delivered to the Purchaser all
the following Original title deeds in his custody relating to the
Schedule Property which are as follows:
a) Sale Deed dated 14.09.1998.
b) Khatha Certificate dated 5.05.2015.
c) Khatha Extract for the year 2006-15 dated 15.05.2015.
d) Tax Paid Receipt dated 10.05.2015.
11. The Purchaser is already in possession of the Schedule
Property. As such the Seller has on this day delivered symbolic
possession of the Schedule Property.
                   SCHEDULE PROPERTY
     All that part and parcel of the property bearing No.40,
Hospital Road, PID No.43-85-28/9, Corporation Ward No.28,
Bangalore, measuring 1200 square feet of undivided share in the
land and bounded on the:
               East by :         Road,
               West by :         House belonging to Ajay Kumar
               North by :        Shop belonging to Vidyadhar,
               South by :        House belonging to Mohan.
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IN WITNESS WHEREOF the Seller has signed this Deed of Sale
on the day, month and year first above mentioned.
WITNESSES:
1.
                                   (Sri.JAGANNATH)
                                   SELLER/VENDOR
2.
                                   (Sri. MANOJ)
                            PURCHASER/BUYER/VENDEE