SALE DEED
THIS DEED OF SALE is made this ……… day of July, Two
Thousand Fourteen ( .07.2014) at Bangalore.
BY
ARMY WELFARE HOUSING ORGANISATION, New Delhi
(AWHO) a Society, registered with the Registrar of Societies,
under the Societies Registration Act XXI of 1860, having its
registered office at South Hutments, Kashmir House, Rajaji
Marg, New Delhi-110 011, through its Authorized Signatory, Col.
D
M
Purvimath,
hereinafter
referred
to
as
the
"VENDOR/DEVELOPER", which term shall, where the context
so admits, be deemed
to include their successors, executors,
administrators and assigns) of the FIRST PART;
IN FAVOUR OF
Mr/Ms.
aged about
years, S/o,/W/o Mr.
, residing at
hereinafter called the "PURCHASER" (which term shall where
the context so admits to be deemed to include his/her heirs,
1
executors, administrators, legal representative and assigns) of
the OTHER PART;
WITNESSETH AS FOLLOWS
WHEREAS
the Vendor/Developer is the sole and
absolute
owner of resident land measuring 29 acres 26 guntas located in
Sruvey Nos.194, 195/1, 195/2, 195/3, 196/1, 196/2, 196/3,
197/1,
197/3
of
Kannamangala
Village,
Bidarahalli
Hobli,
Bangalore East Taluk, (converted to residential vide Order
No.BDS.ALN.
(E)VB/SR120/05-06
dated
5.10.2005
by
the
Special Deputy Commissioner, Bangalore District) more fully
described in the Schedule ‘‘A’’ given hereunder and hereinafter
referred
to as Schedule ‘‘A’’ property.
AND WHEREAS, the Schedule ‘‘A’’ Property had been included
within
the
administrative
jurisdiction
of
Segehalli
Village
Panchayat and accordingly mutation had been effected in the
name of Vendor/Developer herein vide MR No.25 of 2005-06
dated 27.10.2005.
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AND WHEREAS, Vendor/Developer had originally purchased the
converted land in all measuring 37 acres 36 guntas situated in
Sruvey Nos.194, 195/1, 195/2, 195/3, 196/1, 196/2, 196/3,
197/1, 197/2 and 197/3 of Kannamangala Village, Bidarahalli
Hobli, Bangalore East Taluk, from M/s. Hindusthan Vidyut
Products Limited under a Sale Deed dated 7.10.2005, registered
as document No.KRI-1-07953/2005-06 stored in CD No.KRID155
in the office of the Sub-Registrar, K R Pura, Bangalore.
AND WHEREAS, by virtue of a Deed of Rectification dated
20.2.2007, registered as document No.32882 of 2006-07 of
Book I stored in CD No.KRID286 in the office of the SubRegistrar, K R Pura, Bangalore, the Vendor/Developer conveyed
an extent of land measuring 8 acres 10 guntas out of the above
referred to 37 acres 26 guntas to M/s. Hindusthan Vidyut
Products Limited, Bangalore and on execution of the said Deed
of Exchange, the Vendor/Developer was left with land measuring
29 guntas 26 guntas in their possession against 37 acres 36
guntas shown in the earlier Deed of Sale.
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AND WHEREAS, a portion of land measuring 22 guntas out of
the 29 acres 26 guntas of land owned by the Vendor/Developer
was surrounded on the East, West and North with the land
belonging to M/s. Chandana Developers (P) Ltd. and hence the
Vendor/Developer entered into a Deed of Exchange dated
17.11.2008 with M/s. Chandana Developers (P) Ltd. and under
the said Deed of Exchange, the Vendor/Developer exchanged the
aforesaid portion of land measuring 22 guntas with a portion of
22 guntas of land belonged to M/s. Chandana Developers (P)
Ltd. situated on the North Western portion of the land owned by
the
Vendor/Developer.
The
Deed
of
Exchange
has
been
registered as document No.BDH-1-02125 of 2008-09 stored in
CD No.BDHD18 in the office of the Sub-Registrar, Bidarahalli,
Bangalore.
AND WHEREAS, after execution of the Deed of Rectification
dated 20.2.2007 and Deed of Exchange dated 17.11.2008, the
Vendor/Developer has since been and continues to be in
peaceful possession and enjoyment of converted land measuring
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29 acres 26 guntas, more fully described in Schedule “A”
annexed hereto.
AND WHEREAS, the Vendor/Developer being the absolute
owner of Schedule “A” property with an intention to develop the
said property for construction of Apartment Complex known as
“SANDEEP VIHAR” had got the building plan duly approved from
Bangalore Development Authority vide Commissioner’s Order
No.2525 dated 28.5.2010 and 8835 dated 13.12.2010 and
renewed
vide
Commissioner’s
order
dated
9.3.2011
for
construction of multi-storied apartment building comprising of 7
Blocks 29 Towers, with 1524 number of Apartment/dwelling
units consisting of BF+GF+14 Upper Floors.
AND
WHEREAS,
Vendor/Developer
has
also
obtained
necessary clearances from the various authorities such as, (1)
Bangalore Electricity Supply Company Limited, (2) Airports
Authority of India, (3) Office of the Director General of police,
(4) State Level Expert Appraisal Committee, Karnataka, (5)
5
Bharat Sanchar Nigam Ltd., and (6) Karnataka Pollution Control
Board
for construction of Apartment Building.
AND WHEREAS a scheme of ownership of apartment has been
formulated where under a person interested in acquiring an
apartment in the building that was to be constructed on schedule
'A' property shall agree to acquire a specific undivided share in
the land and the same to be held as Co-owner along with such
other persons owning the apartments in the complex.
AND WHEREAS the Vendor/Developer has worked out the
proportion of undivided share to sell in accordance with the
proposed individual construction of apartments which forms the
basis for the sale.
WHEREAS the Purchaser desirous of owning a residential
apartment in the apartment building known as “SANDEEP
VIHAR” with a super built up area of ……….. sq.ft., has in terms
of the aforementioned scheme, more particularly referred to a
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AWHO Master Brochure and subsequent amendments thereto,
offered
to
purchase
from
the
Vendor/Developer
the
corresponding undivided right, title and interest in Schedule “A”
Property equivalent to ……………. sq.ft., more fully described
in
Schedule “B” hereunder and hereinafter called the Schedule “B”
Property for a sum of Rs 10,00,000/- (Rupees Ten Lakhs only)
with a right to get constructed residential Apartment No…… in
Block….. Tower…. on the ………… Floor measuring ……….
Sq.ft. Super built up area of the multistoried building called
“SANDEEP VIHAR” on Schedule A Property, with a car parking
space No….. in the basement/stilt/open, more fully described
in Schedule “C” hereunder and hereinafter referred to as
Schedule C property through the Developer at Purchaser/s’ cost.
WHEREAS the Purchaser has agreed to own the Schedule “B”
Property along with other Purchasers of the balance undivided
right, title and interest in Schedule “A” Property.
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WHEREAS in terms stated above the purchaser had offered to
purchase and the Vendor/Developer had agreed to sell the
Schedule
“B”
Property
free
from
all
encumbrances,
also
construct and deliver the Schedule “C” apartment on Schedule
“A” Property to the Purchaser.
AND WHEREAS, the entire sale consideration both towards the
sale consideration of Schedule “B” Property and the cost of
construction of Schedule “C” Property is agreed to be Rs.
(Rupees
) by both the Vendor/Developer and the
Purchaser.
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:
1. That
Rs.
in
consideration
of
/- (Rupees only)
the
paid
entire
only)
price of
by the Purchaser to
Vendor/Developer and the receipt of which sum
(Rupees
sale
the
of Rs.
/-
the Vendor/Developer does hereby
acknowledge as the full sale consideration from the Purchaser.
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2.
The Vendor/Developer does hereby Sell, Grant, Convey,
Transfer and assign the Schedule “B” & “C” Property absolutely
unto and to the use of the Purchaser and all the estate, right,
title, interest, property, appurtenance, claims and demands of
the Vendor/Developer on the Schedule B” & “C” Property and
every part thereof TO HOLD and TO HAVE the same free from all
encumbrances without any lawful interruption or disturbance by
the Vendor/Developer or any person lawfully or equitably
claiming through, under or in trust for them or any of their
predecessors in title and that FURTHER the Vendor/Developer
also covenant that they will at all times hereafter execute every
such
lawful
deed, assurance or thing
as shall or be, if any,
reasonably required for further and more perfectly assuring the
title and enjoyment of the Schedule B” & “C” Property to the
Purchaser and that the Vendor/Developer more particularly does
hereby covenant and agree with the Purchaser to save harmless
and indemnify the Purchaser against all losses and damages
which the Purchaser/s might sustain or incur in respect of any
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encumbrance made by the Vendor/Developer
or any of their
predecessors in title.
3. The Vendor/Developer does hereby covenant with the
Purchaser that they have not done or knowingly suffered or been
a party to any act whereby the Schedule B” & “C” Property
hereby conveyed is or may be encumbered in title or otherwise
howsoever or whereby they are prevented from conveying or
assigning
the Schedule B” & “C”
property or any part thereof
in the manner hereinbefore appearing.
4.
The Vendor/Developer declare that they are the absolute
owners and that Schedule B” & “C” is free from all encumbrances
and they have valid and marketable title to the said property.
The VENDOR/Developer shall and will from time to time and at
all times hereinafter at the request and cost of the Purchaser do
and execute all such further conveyances and assurances in the
law whatsoever for the better, further and more perfectly and
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absolutely
granting,
releasing,
conveying,
transferring
and
assuring the Schedule B” & “C” in favour of the Purchaser.
5. The Vendor/Developer does hereby declare that no one else
has any right, title or interest over the Schedule B” & “C”
Property and has not alienated the interest therein to any person
in any manner of whatsoever nature
nor any defect in title and
that there are no liens, charges, claims, court attachments,
injunctions, prohibiting the sale of Schedule B” & “C” Property.
6.
The VENDOR/Developer further declare that all taxes,
outgoings and dues to concerned authorities have fully and
completely been paid and there are no outstanding and the
VENDOR/Developer hereby agree and undertake to pay any such
dues, taxes, charges, penalties, impositions till this day or any
period ending this day in respect of the Schedule ‘‘A” Property.
All the taxes and dues in respect of Schedule “B” & “C” Property
shall be borne by the Purchaser.
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7. The Vendor/Developer has delivered all the copies of title
documents to the Purchaser.
8. The VENDOR/Developer has put the Purchaser in symbolic
possession of the Schedule ‘‘B’’ Property and has delivered the
vacant possession of Schedule “C” apartment to the Purchaser
completed in all respects to the full satisfaction of the Purchaser.
9. The Purchaser is at liberty to have the khatha of Schedule “B”
& “C” Property transferred to his name in the Revenue Books of
municipal authorities for which the Vendor/ Developer shall have
no objection.
10. The Purchaser shall be bound by all the covenants running
with the Schedule “B” & “C” Property in respect of user of
common areas, undivided share, passages, common facilities
and amenities and the liability to pay maintenance charges,
share of common expenses in common with the owners of other
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apartments in the building constructed on the Schedule “A”
property.
11.
The Purchaser shall not be entitled to seek partition or
division or separate possession of the Schedule “B” property.
12. The Purchaser shall be bound by all the Rights, Obligations,
Restrictions stated in Schedule “D” hereunder.
13. For the purpose of payment of stamp duty and registration
fee,
the
Schedule
Rs……………/-
“B”
and
“C”
Property
is valued at
(Rupees……………………………………only)
and
accordingly Stamp duty and Registration fee is paid.
SCHEDULE -A
All
that
piece
and
parcel
of
residentially
converted
land
measuring 29 acres 26 situated in several Survey Numbers of
Kannamangala Village, Bidarahalli Hobli, Bangalore East Taluk,
(converted
vide Order No.BDS.ALN. (E)VB/SR120/05-06 dated
13
5.10.2005 by the Special Deputy Commissioner, Bangalore
District) and detailed below with the following boundaries :
Sl.No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Survey Nos.
194
195/1
195/2
195/3
196/1
196/2
196/3
197/1
197/2
197/3
197/4
Total `
LAND MEASURING
ACRES
GUNTAS
7
05
5
08
3
00
0
13
5
18
3
00
0
13
2
21
2
05
0
01
0
22
29
26
East by : Kadugodi Hoskote Road,
West by : Chikkabanahalli and Government Kharab Land in
Survey No.163,
North by: Petroleum Pipeline Property,
South by: Seegehalli Village Boundary.
14
SCHEDULE B
…….sq,ft, undivided share, right, title and interest in the land
comprised in Schedule A mentioned above.
SCHEDULE- C
All that part and parcel of …………. bedroom Apartment bearing
No…….. Block ………. Tower No…….
with super built up area of
on the ……………… Floor
………. sq. ft. and terrace area of
………..sq ft, with Vitrified tile flooring in the apartment building
known as “SANDEEP VIHAR”
constructed on Schedule A
property, with car park space No…
in the basement/ stilt/
open.
SCHEDULE--D
A) RIGHTS OF THE PURCHASER/S
1.
Full rights and liberty for each owner of the flats and all
persons authorized or permitted by the other owners of the flats
(in common with all their persons entitled), permitted or
authorized to the like rights at all times by day or by night, and
for all purposes to go, pass and re-pass the staircase and the
passage inside and outside the buildings constructed on the land
described in Schedule -A .
15
2. The right to adjacent and lateral support and shelter and
protection from the other parts of the aforesaid buildings and
roof thereof.
3.
Free and uninterrupted passage of running water, soil, gas,
electricity from and to the construction through the sewers,
drain and watercourses, cables, pipes and spares at any time
hereinafter passing through the building or any other part
thereof.
4. Right to passage for each owner of the apartment and his
agents or workmen to
other
parts of the building at all
reasonable times including the area on which the water tanks
are situated for the purposes of cleaning or repairing or
maintaining the same.
5.
Right to passage for each owner of an apartment and other
owners of apartments and his agents or workmen to the other
parts of the buildings at all reasonable times, on notice to enter
in or upon other parts of the buildings for the purpose of
repairing, cleaning, maintaining or renovating and causing as
little disturbance as possible and making good any damage
6.
To lay cables or wires through common walls or passages
for telephone installations, however, respecting the equal rights
of others thereof.
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7.
The right for the owners of apartment, servants, workmen
and others at all reasonable times on notice to enter into or upon
other parts of the building for the
purpose of repairing,
maintaining, renewing, the construction referred to in ScheduleC above or any part of the building giving subjacent and lateral
support, shelter or protection to the construction therefor.
(B) OBLIGATIONS OF THE PURCHASER/S.
The PURCHASER/S in proportion to the share along with other
purchasers in proportion to their shares has/have accepted the
following conditions and have contracted to bear the following
common expenses:
1.
The PURCHASER/S shall duly pay the proportionate share
of costs and expenses from the date of permanent power supply.
a)
Proportionate share of costs and expenses including the
deposits payable to BESCOM, BWSSB towards the electrical,
water and sanitary connections, service charges, proportionate
cost of captive power utilized for the generator, other taxes,
levies, property tax, expenses incurred for property tax
assessment etc., in respect of the undivided interest and the
Schedule-C Property.
b)
Expenses towards insurance, routine maintenance and
upkeep of common amenities and facilities and expenses
incurred towards painting, white washing, cleaning etc. of the
17
common areas
complex.
in
the
multistoried
residential
apartment
c)
Upkeep and insurance of lifts, Pump sets and other
machineries and equipments, sanitary and electrical lines
common to the building.
d)
Payment of the electrical and water charge for common
services.
e)Replacement of bulbs and electrical fittings in corridors and
common passages and lobbies.
e) Provisions of watchmen, lift-operators, pump-operators and
other security personnel and other office personnel till such time
the association is formed and registered, the services mentioned
above will be carried out/ rendered by the Developer and
thereafter, the decision taken by the majority of the
PURCHASER/S and the interpretation of the clauses given by
the majority of the PURCHASER/S shall prevail over the
views/interpretations of individual or minority of the
PURCHASER/S.
f)
The PURCHASER/S agrees that the PURCHASER/S shall
pay regularly without default the maintenance charges as raised
by the Developer or the Association of Owners/Residents of
“SANDEEP VIHAR” upon its formation or any agency that may
be appointed for the purpose of maintenance of “SANDEEP
VIHAR” and such maintenance charges shall include all the
18
amounts payable with regard to the, common interest, including
repairs, common maintenance and maintenance of common
amenities and facilities, Recreation Centre areas and the
amenities and facilities therein etc., of the Building and to
maintain the internal roads, compound walls and other common
areas. The
DEVELOPER
and/ or
the
Association of
Owners/Residents of “SANDEEP VIHAR” shall have the right to
discontinue the Maintenance Services in case of nonpayment/default by the PURCHASER/S or other apartment
Owners. The DEVELOPER or its appointees (Contractor) shall
have the absolute discretion to terminate the maintenance of the
building on the completion of one year from the date of
completion of the complex and hand it over to the Apartment
Owners Association.
g)
The PURCHASER/S shall not cover the balcony with glass
or aluminum grills which affects the elevation and facade of the
building.
h) The PURCHASER/S shall observe and perform all the rules
and regulations/bye–laws that may be framed by the
DEVELOPER or the Association when formed, from time to time.
2.
If the PURCHASER/S default in making payments due for
any common expenses, benefits or amenities, or violate any of
the aforesaid terms and conditions the DEVELOPER or their duly
appointed nominees or the Association of persons when formed
shall have the right to discontinue such common benefits or
19
amenities, facilities, services including electricity and water
connection provided for the Purchaser's enjoyment.
3.
No individual PURCHASER/S and/or a minority group of
PURCHASER/S shall refuse to pay towards the maintenance of
common amenities, facilities and services and/or repairs to and
replacement of machinery employed for operating the common
amenities whether or not they make use of such amenities or
facilities or services.
4
The PURCHASER/S shall maintain at PURCHASER/S
cost the said apartment and parking space/garden area in good
condition, state and order and shall abide by all the laws and
regulations of the Government, Corporation of the City of
Bangalore, Bangalore Development Authority, City Municipal
Council and any other duly constituted authority from time to
time in force and answer and be responsible for all notices or
violations and of any of the terms and conditions set out herein.
5.
The PURCHASER/S shall use all sewers, drains and water
lines now in or upon or hereafter to be erected and installed in
the apartment building in common with the other Apartment
Owners and to permit free passage of water, sanitary, electricity
and electrical lines, through and along the same or any of them
and to share with the other Apartment Owners the cost of
maintaining and repairing all common amenities such as
common accesses, lifts generator, etc., and to use the same as
aforesaid and/or in accordance with the terms and conditions to
be stipulated by the DEVELOPER or the Rules, Regulations,
20
Bye-Laws and terms of the Association when formed by or
among the Apartments Owners in the building.
6.
The PURCHASER/S hereto hereby undertakes to
become a member of the Association/Society when formed by all
the apartment owners in order to ensure that in respect of
common amenities all expenses like repairs and maintenance,
insurance, fees corporation taxes, levies, electricity and water
charges, deposits with Electricity Board, water Supply and other
departments are met proportionately and for this purpose to
introduce suitable conditions and stipulations in its bye-laws,
rules and regulations. Such an association as and when formed
will also be responsible for taking the necessary steps and
precautions to ensure safety of the common amenities and
facilities including the provision of firefighting equipment etc.
7.
The PURCHASER/S hereby also undertakes to
execute and register a Deed of Declaration as required to be
made under the provisions of the Karnataka Apartment
Ownership Act, 1972 along with the other apartment owners.
8.
The PURCHASER/S shall permit the DEVELOPER and/or
the Owners Association with or without workmen at all
reasonable times to enter into and upon the Apartment/Parking
Space/Garden or any part thereof for the purpose of repairing,
maintaining, re-building, cleaning and keeping in order and
condition all services, drains, structures or other conveniences
belonging to or servicing or use for said apartment and also for
the purpose of laying, maintaining, repairing and testing
21
drainage, water pipes and electric wires and for similar purposes
and also for the purpose of cutting off the supply of water and
electricity etc, to the Apartment/Parking space/Garden or other
common areas of the building or to the occupiers of such
Apartment/Parking Space/Garden as the case may be who have
defaulted in paying the share of the water, electricity and other
charges.
9. The Purchaser agrees that the Recreation Centre with various
facilities such as gymnasium, swimming pool, etc. to be
constructed as per the scheme formulated shall be allowed to be
used by the members.
(C)
RESTRICTIONS
PURCHASER/S:
ON
THE
RIGHTS
OF
THE
Each owner of the apartment, so as to bind himself/herself to
his/her
successors,
executors,
administrators,
legal
representatives and assignees with the intention of promoting
and protecting his rights and interests as the OWNER of the
construction referred to in the Schedule–“C” above and in
consideration of covenant of each owner of the apartment shall
be binding on the other owners of the buildings and the
constructions thereon hereby agree to be bound by the following
covenants.
1.
Not to raise any construction in addition to that mentioned
in the Schedule-“C” above.
22
2. Not to use or permit the construction referred to in Schedule“C” above in a manner, which would diminish the value or utility
in the property, described in Schedule-“A” above or in any
construction made thereof.
3.
Not to use the space in the land described in Schedule-“B”
above left upon after the construction for parking any heavy
vehicles or to use the same in any manner which might cause
hindrance for the free ingress or exit from any part of the
construction.
4.
Not to default in the payment of her/his share of any taxes
or levies to be shared by the other joint owners of the property
described in Schedule “B” and “C” above or expenses to be
shared by all the owners of the apartment constructed thereon
or any specified part thereof.
5.
Not to decorate the exterior of the Schedule “C” Apartment
otherwise than in a manner agreed to by the other owners of the
apartments in the residential apartment building.
6.
The parking space sold to the purchasers of the
apartments shall not be used for any purpose other than for
parking their vehicles only within the earmarked parking space
without encroaching the common drive way in the basement –
ground level.
23
7.
Not to seek change of name of the proposed residential
apartment complex known as “SANDEEP VIHAR” on the
Schedule “A” Property.
8.
Disposal of the Dwelling Unit by sale/transfer/assigning to
a third party shall only be executed after obtaining permission of
AWHO as per Para 80 of the Master Brochure July 1987 (as
amended).
IN WITNESS WHEREOF THE PARTIES HERETO AFFIX
THEIR SIGNATURES TO THIS DEED ON THE DAY, MONTH
AND YEAR HEREIN ABOVE FIRST MENTIONED.
WITNESSES:
1.
VENDOR/DEVELOPER
2.
PURCHASER
24
DRAFTED BY
JEROME D’SOUZA
ADVOCATE
FF-6, BUSINESS POINT
NO.137, BRIGADE ROAD
BANGALORE-560 025.
25