BETWEEN
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hereinafter referred to as “the SELLERS” (which expression shall,
unless it be repugnant to the context or meaning thereof, be
deemed to mean and include, their respective heirs, executors,
administrators, permitted assigns ,etc.); of the
OTHER PART:
WHEREAS:
The SELLERS of Other Part are the absolute and lawful owners of
all the piece and parcel of immovable property being
Non-agricultural Open Industrial PLOT NO.204 admeasuring about
166-02 Sq.Mts. (1787-00 Sq.Ft) or thereabout , along with
undivided/proportionate share in common road, common plot and
set back area admeasuring 93-23 Sq.Mts. (1004-00 Sq.Ft.) totally
259-23 Sq.Mts. (2791-00 Sq.Ft.) in the Scheme titled as “ Brushellz
Industrial Park” comprising out of Table-A lands being Block No.s
479,465,468,480,471 & 470/paiki,473 totally admeasuring 80992-00
Sq.Mts. Paiki 41709-91 Sq.Mts. within the limits of Mouje Village
Dashrath situated, lying and being in the Registration and Sub-
Registration District Vadodara Zone -7 (chhani),Gujarat. Herein
after referred as “The Schedule Property”.
The ‘Sellers of the Other part’ having acquired all her rights, title
and interest therein from Mr. Sanjay Ramanbhai Patel himself &
Power of Attorney Holder of Smt. Daksha Sanjay Patel and Mr.
Sharad Sanjay where Confirming Party was M/s. Broadgate
Enterprise through its Partner Mr. Sanjay Ramanbhai Patel vide sale
deed dated 07/03/2015 registered as documents no. 1169 at the
office of the Sub-Registrar Vadodara-7 (Channi), District Vadodara,
Gujarat.
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Vendors”) had purchased the lands of Block No.480, 471 and 470 of
Mouje Dashrath vide Registered Sale Deed No.6387 dated
30.05.2011 from its owner Joshi Niranjanaben Ramanlal and
Similarly, the Previous Vendors purchased the land of Block No.468
of Mouje Dashrath vide a Sale Deed No. 2423 dated 22.02.2011
from its owners Rasiklal Amrutlal Joshi and two others. (2) Similarly,
the Previous Vendors purchased the lands of Block No. 479 and 465
of Mouje Dashrath vide a Sale Deed No.2422 dated 22.02.2011 from
its owners Rasiklal Amrutlal Joshi and two others(3) Similarly, the
Previous Vendors purchased the lands of Block No.473 of Mouje
Dashrath vide a Sale Deed No.5343 dated 27.04.2012 from Pandya
Vadilal Fakirbhai and Eleven others.
Thus, Previous Vendors became owners/occupiers of scheme lands
as per Table-A given below.
Whereas the Previous Vendors therein were jointly seized and
possessed Of or otherwise well and sufficiently entitled to following
Non- agricultural lands for Industrial Purpose as per Table-A, which
are situated in Mouje Village Dashrath, Tal. and District Vadodara.
The names of Previous Vendors have been mutated in the revenue
record vide mutation Entry Nos.4349, 4565, 4591, 4412, 4349, 4412
and 4470 & 4611.
AND WHEREAS, Previous Vendors therein have assigned the rights
of development over the scheme land as per Table-A in favour of
M/s. Broadgate Enterprise, a Partnership firm as such have executed
a Development Agreement at Sr. No. 17034 Dated 06-07-2014
before Notary, Vadodara for making development/Construction over
the land adm.41709-91 Sq. mts. out of 80992-00 Sq.mt. and
necessary stamp duty at the rate of 1% being Rs. 15,74,122-
00(With Penalty Rs. 10,000-00) had been paid as per Jantry of the
Government Vide Challan No.342 Dated 24-01-2015 in the State
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Bank of India, Vadodara and Certified to that effect is given
accordingly by the Deputy Collector, Vadodara on Dtd. 24-01-2015.
And since the said developer is to make development/construction
and provide infrastructural facilities in the scheme land, they were
joined as a Confirming/consenting party in the previous Sale Deed.
And Whereas, the Previous Vendors have in Personal capacity
purchased the agricultural lands mentioned at Sr. No.1 to7 in the
Table-A from its respective owners by paying the sale consideration
from the capital fund of the M/s. Broadgate Enterprise, a
Partnership firm as the Previous Vendors therein are agriculturists
and the same have been duly converted into non- agricultural use
for industrial purpose subsequently. However, for the sake of
convenience all the lands under Sr. No.1 to 7 in Table- A hereunder
have been covered under the previous Sale Deed. For the sake of
brevity and convenience, the Table-A lands are referred to as
“Scheme land” for short.
No. Block No. Area in Sq.Mts. Sale Deed No. Date of Sale Deed
(1) 479 5666-00 2422 22-02-2011
(2) 465 16440-00 2422 22-02-2011
(3) 468 44418-00 2423 22-02-2011
(4) 480 3946-00 6387 30-05-2011
(5) 471 2630-00 6387 30-05-2011
(6) 470Paiki 1012-00 6387 30-05-2011
(7) 473 6880-00 5343 27-04-2012
Total 80992-00
And Whereas, the lands of Block No. 479, 465 and 468 as per
Table-A have been granted NA permission for industrial purpose by
the Collector, Vadodara vide his No. Jamin/D/ Sec.65/Vashi/ 702/
2012 dated 14.02.2012.
And Whereas, the lands of Block No. 470, 471 and 480 as per
Table-A have been granted NA permission for industrial purpose by
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the Collector, Vadodara vide his No. Jamin/D/Sec.65/Vashi/
2535/2012, No.NA/SR/3258/2011-2012 dated 30.03.2012.
And Whereas, the lands of Block No.473 as per Table-A have been
granted NA Permission for Industrial purpose by the Collector,
Vadodara vide his No. Jamin/D/Sec.65/Vashi/7682/
2012,No.NA/SR/232/2012-2013 dated 09.10.2012.
And Whereas, the vendors further state that some portion of the
land has been used for the purpose of an underground gas Pipeline
by Gujarat State Petronet Ltd. and another underground gas
pipeline by Gujarat Alkalies and Chemicals Ltd. Further Narmada
minor canal is also situated in a portion of the land and passes
through it. The Purchaser/s are aware of the aforesaid two
underground pipelines as well as Narmada Minor Canal and copies
of Agreements between the Previous Vendors and Gujarat State
Petronet Ltd., Gujarat Alkalies and Chemicals Ltd. and Narmada
Canal Department are handed over and agree to be aware of and
bound by the terms and conditions mentioned therein. The
purchaser/s also agreed to take all responsibilities to follow all
conditions and terms mentioned in the said agreements by signing
this sale deed.
And Whereas, the Previous Vendors have obtained permission for
making construction of industrial units/sheds over the scheme land
Table-A vide Construction Permission No. UDA /Plan-2 / Permission
/247 Dtd. 22.06.2012, Construction Permission No. UDA/Plan-2
/Permission /266/ 2013 Dated 16-09-2013 and Construction
Permission No. UDA/Plan-2/Permission/512/ 2012 Dated 13-12-2012
from Vadodara Urban Development Authority by approving the
maps and layout plans accordingly industrial estate titled as
‘BRUSHELLZ INDUSTRIAL PARK” has been organized on the scheme
land.
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AND WHEREAS the ‘Seller of the Other part’ herein desired to sell
the ‘Schedule Property ’ and the ‘Purchaser of the First Part’ having
acquired knowledge of the same approached the ‘Seller of the Other
Part’ with an offer to purchase the Schedule Property ;
The ‘Seller of the Other Part’ doth hereby sell, convey and transfer
the ‘Said Property ’, as more particularly described in the ‘Schedule
of Property’ written hereunder, unto and in favour of the ‘Purchaser
of the First Part’ for a total consideration of Rs. 12,50,000/-
(Rupees Twelve lakhs Fifty Thousands Only).
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That Upon receiving the complete amount of sale consideration for
the Schedule Property vide present Sale deed from the Party of First
Part Purchaser/s, the Sellers do here hereby acknowledge and admit
the same to have been received completely and in exchange of the
same, the Schedule Property is sold to you for ever and
permanently vide execution of Present sale deed.
That all cheques given as per above details for the property Sold
vide present Sale Deed have been given by the Purchaser/s and the
Purchaser/s has/have given assurance and trust that the aforesaid
cheques will be cleared/passed on its presentation in the bank.
However, out of the cheques given, if any of the cheque is returned
from the bank and for recovering the said amount if we are required
to initiate legal steps then the responsibility to pay the entire cost is
and shall be that of the Party of the First Part and her heirs,
successors till such amount is recovered the Purchaser shall have to
face consequences of the same.
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And all the estate, rights, title, interest and inheritance of the
said property, possession and benefit/claim and demand,
whatsoever at law and in equity of the vendors or any part
thereof to have and hold and the said premises here granted,
conveyed and assured and intended or expressed so to be with
their every rights and appurtenances unto and to the use and
benefit of all rents, rates, taxes, assessments, dues and duties
now chargeable upon the same or hereafter to become payable
to the State of Gujarat or VUDA or any other public body, in
respect thereof;
And further the vendors doth hereby covenant with the
Purchaser/s not withstanding any act, deed, matter or thing
whatsoever by the vendors or any person/s lawfully equitable or
claiming by, from through under or trust for its made, done
committed or willingly suffered to the contrary the vendors now
Oath in themselves good right, full power to grant, release,
convey and assure the said Schedule property granted,
released, conveyed and assure or intended to be up to and that
it shall be lawful for the purchaser/s from time to time hereafter
peacefully and quietly hold, enter upon, have, occupy, possess
and enjoy the Said Property hereby granted with its
appurtenances and receive rents, issues etc. without any suit,
lawful eviction, interruption, claim and demand whatsoever or
by the vendors or their successors/their assignees or any of
them from or by any person/s lawfully or in trust it and that free
and clear and freely and absolutely acquitted, exonerated,
released and favour discharge or otherwise by the vendors well
and sufficiently saved and kept harmless from and against all
forms, and other estate, title, charges and encumbrances,
whatsoever either already or to be hereafter had, made,
executed, occasioned, or suffered by the vendors or by other
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person/s lawfully or in equity in the said property hereby or any
part thereof by from under or in trust.
(4) That the Schedule property under the scheme is a self acquired,
having ownership, enjoyment and possession of the Party of the
Other Part Sellers herein and there is no right, title, share,
interest, concern of any person or institution of any nature
whatsoever. That the title of the scheme land is clear and
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marketable and the same is not placed under guarantee or
charge of anybody else. In spite of the same if any one comes
forward raising dispute or hurdle, than the Sellers are bound to
remove the same at their own cost.
(5) That whatever taxes, cess, etc. that may be levied in respect of
the aforesaid property up to date of sale are to be paid by the
Sellers herein such taxes/ outgoings respect of the Schedule
property after the date of sale deed are to be paid by you the
Party of the First Part.
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obstruction and a nuisance to other unit holders in the said
scheme. With such clear cut understanding this sale deed is
executed for the property described in the Schedule hereunder.
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adjacent plot are required to be carried out in future, the same
shall be done by the concerned co-owners with mutual
understanding, cooperation and common expenses by sharing
the cost of such repairs proportionately between them without
invoking the association and its services. With this clear-cut
provision, the present sale deed is executed.
(11) That it is covenanted that the Purchaser/s shall not use the
schedule property for any purpose apart from industrial purpose
And the Purchaser/s by executing this Agreement bind
him/herself/themselves, not to use the said plot for any other
purpose. The purchaser/s also undertake not to carry out
construction activity outside the plot allotted to him/her/them.
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(13) That It is covenanted here that in future, whenever the
schedule property will be required to be sold/conveyed by the
Purchaser to any person, institution, company, firm in that
event, such a conveyance shall provide a specific clause about
binding effect of this sale deed and its covenants. With this clear
cut understanding, this sale deed is hereby executed.
(14) That all expenses such as the stamp, registration fee, scribe
fee, etc. for this sale deed, as well as the stamp duty payable at
the relevant time as per provisions of prevailing Stamp Duty Act
as well as penalty amount ,etc. shall be paid and borne by the
Purchaser/s.
(16) That the property sold vide present sale deed is a self
acquired property having ownership, possession and enjoyment
of the Sellers herein and except the Sellers herein no body has
any right, title, interest, share over the same, nor right of any
nature whatsoever of maintenance or dwelling is maintained
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over the same nor the said property is given in favour of any
body else by executing deed of any nature by way of sale, gift,
mortgage or agreement to sale and that the title of the said
property is clear and marketable. By giving such an assurance
and trust, the sale deed in respect of the said property has been
executed.
(17) That the rights and obligations of the parties under or arising
out of this agreement shall be construed and enforced in
accordance with the laws of India for the time being in force
and the Courts in Vadodara shall have jurisdiction in respect of
and in connection with this agreement.
SCHEDULE OF PROPERTY
(Description of Property be Sold)
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Registration and Sub-Registration District Vadodara Zone -7
___________________
1. Sunil Rajendra Singh
_____________________
2. Mayur Kailash Gupta
WITNESS
1. ___________________
2. ___________________
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SCHEDULE AS PER REGISTRATION ACT 1908 SECTION 32(A).
______________
1. Sunil Rajendra Singh
_______________
______________________________
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PHOTOGRAPH OF THE SAID PROPERTY
___________________ ___________________________
Sunil Rajendra Singh Shobha Devi
_____________________
Mayur Kailash Gupta
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