Anda di halaman 1dari 9

1

DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT IS MADE AT PUNE ON THIS


th DAY OF THE MONTH OF July 2014.
2

BETWEEN

Mr. VAIBHAV VASANT KULKARNI,


Age about 35 years, Occupation;- Business
PAN NO : AHRPK6565G
R/at- 1, Samarth Nagar B
Vadgaon (Bk), Katraj Bye-Pass
Pune
Hereinafter referred to as the VENDOR/ ASSIGNOR/
TRANSFEROR ( which expression unless repugnant to the
context or meaning thereof shall mean and include his legal heirs,
successors, administrations, representatives , assigns etc .)
PART OF THE FIRST PART

Mrs. NEELA APTE,


Age about 64 years, Occupation;- Housewife
PAN NO : ADLPA4577C
R/at- Flat 3, Ketki apartments, Premnagar colony,
Satara Road, Pune 411037

Hereinafter referred to as the PURCHASER/ASSIGNEE/


TRANSFEREE ( which expression unless repugnant to the context
or meaning thereof shall mean and include her legal heirs,
successors, administrators, representatives, assigns etc.)
PART OF THE SECOND PART

AGREEMENT PRICE
Rs.27,00,000/- (Rs Twenty Seven Lakh Only )

WHEREAS all that piece and parcel of land bearing CTS No.291,
totally admeasuring about 115.3 Square Meter situated at Village
Kothrud, Gavthan, Pune was previously owned by Mrs. Mangala
Prabhakar Udas.
3

AND WHEREAS the said land owner i.e. Mrs. Mangala Prabhakar
Udas granted the development rights in respect of the land
admeasuring about 115.3 Square Meter situated at Village Kothrud
Gavthan, Pune which is within the limits of Pune Municipal
Corporation and within the jurisdiction of at the office of Sub-
Registrar of Pune (Hereinafter referred to as the "SAID
PROPERTY" which is more particularly described in the
SCHEDULE-I, written herein under.) to Mr. Uday Bhaskar Gangal,
vide Development Agreement and Power of Attorney. The said
Development Agreement and Power of Attorney is registered
dated 11/01/2001 at the office of Sub-Registrar at Haveli No 04 at
Sr. No 319/2001 & Sr. No. 20 /2001 respectively.

AND WHEREAS the said Mr. Uday Bhaskar Gangal, established


Development firm ie. Chaitanya Construction, and decided to
develop the "Said Property" through Development Agreement and
Power of Attorney as mentioned above and accordingly the
Developer got approved from Pune Municipal Corporation for
developing a scheme of ownership flats and shops to sold on
ownership basis vide commencement certificate No. 5390 dated
31st Dec 2002.

AND WHEREAS Developer sanctioned the plans concerned local


authority and/or Government has laid down certain terms,
conditions, stipulations and restrictions which are to be observed
and performed by the Developer while developing the said land
and the said building/s.

AND WHEREAS the developer become entitled to develop the


said property, construct new building consisting various ownership
flat and shops thereon, enter into agreements of allotment/sale
thereof with the prospective purchasers and on the completion of
the scheme to get the final conveyance executed in favour of the
said vendors .

AND WHEREAS the said Vendor purchased a Flat, from the


Developer, by an Agreement dated on 04/02/2003 bearing
registration no.1021/2003 in Haveli No.4 ie Flat bearing No. 2, on
First Floor, admeasuring built up area of 506.00 sq.fts i.e.47.02
Sq.mtrs approximately in building "Chaitanya Prasad ", which is
more particularly described in Schedule II.
4

AND WHEREAS the said vendor had taken the Home loan from
the Janseva Sahakari Bank, Pune to purchase this flat.

AND WHEREAS the said vendor has cleared the bank loan of
Janseva Sahakari Bank, and the title of the said flat is clear and
marketable without any encumbrance, and the Assignees have
relied upon the same.

AND WHEREAS the Vendor/ Assignor herein for just and


sufficient reason decided to transfer and assign the said flat
hereunder in favour of the Assignee / Purchaser herein for the total
consideration of Rs.27,00,000/- ( RUPEES TWENTY SEVEN
LAKHS ONLY ) and hence this Deed of Assignment and Sale in
favour of the Assignee/ Purchaser.

AND WHEREAS the Purchasers /Assignees herein having


learnt about the intentions of the Assignors/ Transferors, and thus
they offered to the purchase the said flat for the consideration of
Rs.27,00,000/- ( RUPEES TWENTY SEVEN LAKHS ONLY ) and
the Assignor have accepted the said offer of the Assignees.

AND WHEREAS after due negotiations between the party of the


First Part and Party of Second part herein, the Assignors has
agreed to Assign and transfer all of her rights, and interest in the
above flat and the Assignee herein agreed to acquire the said
rights, title and interest in respect of the said flat from the
Assignors at the above total agreed price.

AND WHEREAS thereafter the Assignees herein requested the


Assignors to execute this Deed of Assignment in her favour and
hence the execution of this Deed of Assignment on the following
agreed terms and conditions laid hereunder :-
5

NOW THIS DEED WITNESSES AND IT IS HEREBY AGREED


BY AND BETWEEN THE PARTIES HERETO AS UNDER:-

1] In consideration of the sum of Rs.27,00,000/- ( RUPEES


TWENTY SEVEN LAKHS ONLY ) agreed to be paid by the
Assignee to the Assignor as detailed hereunder given ( the receipt
whereof the Assignor does hereby admit and acknowledge ) the
Assignor does hereby grant, convey, sell, assign and transfer all
her right, title and interest in and all the benefit in the said
flat/apartment including the deposits/ advances standing to the
credit of the Assignor TO HAVE AND TO HOLD the same unto and
to use of the Assignee/ Purchaser absolutely and enjoy all benefits,
thereto but subject to the conditions on which the Assignor held,
the same under this Deed of Assignment and the Assignee does
hereby take the said property subject to such conditions therein.

2] The Purchaser / Assignee have paid to the Vendor the full


amount of consideration of Rs.27,00,000 /- to the Vendor/ Assignor
at the time of handing over the possession and the Vendor/
Assignor have also deliver the vacant and peaceful possession of
the said flat after receipt of full and final payment and the parties
herein shall and execute and register the appropriate document at
the relevant time if required.

3] MODE OF PAYMENT :-
Sr Date Bank Name Cheque /DD Drown on Amount
& Branch No. Name

1
2
3
4

Total Rs. 27,00,000/- ( Rs. Twenty Seven Lakhs only)

4] That the Vendor hereby assures and promise and undertakes that
his right, title and interests to the flat under this Deed is absolute, clean,
clear and free from encumbrances charges and that it is his self earned
property and no other third person/s have any right, title claim or interest
in the said flat excluding Assignor and the said flat is not subject to any
litigation.

5] That the Vendor / Assignor also hereby states and assures that he
has not encumbered or charged the flat etc. hereunder with any financial
6

institution or Bank etc. and thus the same is free from all liens, charges,
encumbrances, loans, mortgage/s etc and that the Vendor / Assignor has
every right and power to assign the same or to agree therefore by
executing this agreement in favour of the Purchaser / Assignee.

6] That the Vendor / Assignor have handed over the actual possession
of the flat hereunder to the Purchaser above on receipt of entire payment
is to be paid by the Purchaser as mentioned above. There is no dispute
regarding the possession between the parties.

7] It is specifically represented and assured by the Vendor / Assignor


herein that the Agreement/Sale Deed by and between them and the
developer have duly registered and the appropriate Stamp Duty/
Registration fees paid thereon. In case any dues are found due, the
Vendor / Assignor undertakes to indemnify the Purchaser/Assignee for
the cost and consequences.

8] That the Assignor does hereby covenant with the Purchaser /


Assignee agree to indemnify and keep indemnified Vendee / Assignee
her estate, heirs, executors, administrators and legal representatives
against all losses, damages, accessioned as a result of any defect in title
or want of the Assignor to the said flat or in the event due to the
performance or non-performance of the Vendor / Assignor the said flat is
not transferred or assigned in the name of the Assignee or the Assignee
is dispossessed of the said flat.

9] And that the Vendor / Assignor further agrees and covenants with
the Purchaser / Assignee to do, execute at the costs of the Assignee
any further acts, or other deeds, documents as may be necessary to
complete and make perfect the title the Assignee in respect of the flat
hereunder ( described in the Schedule hereunder).

11] The Vendor / Assignor agrees that they shall sign, execute all the
papers, applications , documents etc, as may be necessary or required
by the Purchaser from time to time for effectual Assignment of the said
flat in the name of the Purchaser.

12] The Vendor hereby declares, undertakes and assures that the said
flat and rights, title and interest acquire by the Vendor in respect of the
said flat is free from all encumbrances, lien, liabilities, charges etc and
the Vendor has not transferred, alienated, assigned and encumbrances
his right, interest in respect of the said flat acquired by them today by
any way and manners and the Vendor are absolutely and lawfully
entitled to enter into this Deed and the Vendor have not done and
7

performed any acts, deeds, things, matter, whatsoever, whereby the


Vendor may be prevented from executing these presents and in the
event of its being found that the Vendor was not entitled to execute these
presents and transferred, assigned, alienated the Vendor’s right, title,
interest, etc sought for and purported to be transferred then the Vendor
shall be liable to compensate, indemnify and/ or reimburse the
Purchaser and/or her nominees for the loss and damages which may be
suffered or sustained in this behalf.

13] That the Vendor hereby has paid the entire P.M.C. Taxes,
M.S.E.D.C.Bill, other charges, and outgoings in respect of the said
flat till the date of this Deed.

15] That it is further declared that this Deed of assignment is


subject to the provision of Maharashtra Ownership Flats Act, 1963
and the Rules framed there under and the said Deed of
Assignment / Sale is subject to the same.

16] That the Vendor shall execute necessary deeds and all lawful
deeds documents, acts, things whatsoever for further and more
perfectly conveying and assigning the said flat along with rights
appurtenant thereto and all other rights, title ,interest, benefits,
advantages acquired by the Vendor in respect of the said flat in
pursuance of Deed in manner aforesaid according to true intend
the meaning of these presents.

17] The said flat is not the subject of any litigation of any nature.

18] That all the expenses of stamp duty, registration fees are to be
borne by the Purchaser done.

19] The parties hereto state that the stamp duty towards this Deed
is paid as per the prevailing market rate in the subject locality which
is true and fair market value of the said flat. That the present
market Government Value in the said location of the flat is
Rs.63,790/- per Sq. Mtrs, and the Vendees/ Purchasers have thus
paid the stamp duty of Rs. 135,000/- for this Deed of Assignment
on the agreed consideration.

DETAILS OF THE FLAT

FLAT AREA :- 750 Sq.Ft built up 69.68 Mtrs


8

FLOOR :- First Floor


DEED PRICE :- 27,00,000/-
GOVT RATE :- 63,790/- Sq.Mtr.
GOVT VALUATION :- 27,00,000/-
STAMP REQUIRED :- 1,35,000/-
REGISTRATION FEE :- 27,000/-
LBT Charges :- 27,000/-
STAMP PAID :- 1,35,000/-

SCHEDULE NO- I OF THE PROPERTY


All that piece and parcel of the property bearing CTS No.291/A
(House No. 288), admeasuring about 00 H 1.24 R i.e. 115.30
Sq.mtrs situated at Village Kothrud, Taluka Haveli and within the
limits of Sub- Registrar Haveli and bounded as follows
On or Towards East - CTS No. 291/B Mauje Kothrud
Property of Mr. Dandavate
On or Towards South - Government Road

On or Towards West - CTS No. 292 & 293, Mauje Kothrud


Property of Smt. Gandhi
On or Towards North - CTS No. 294 & 290, Mauje Kothrud
Part of Pune area

SCHEDULE NO- II OF THE PROPERTY

Flat bearing No 2, First Floor, admeasuring area 47.02 sq.mtr. i.e.


506 sq. feet Built up area in the building known as "Chaitanya
Prasad", constructed on the land described in Schedule I above
along with the undivided share/interest in the freehold land
described in the schedule.

IN WITNESS WHEREOF THIS DEED OF ASSIGNMENT HAS BEEN


EXECUTED AND SIGNED HEREUNDER BY THE PARTIES TO THIS DEED
ON THE AFORESAID DATE AT PUNE.
9

Signed and delivered by the


Within named Assigner (Mr. VAIBHAV VASANT KULKARNI)

and

Signed and delivered by the


Within named Assignee (Mrs. NEELA APTE)

In presence of withness:

1) Signature:
Name:
Address:

2) Signature:
Name:
Address:

Anda mungkin juga menyukai