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AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made at Silvassa on the _____ day of the month of
_______________ of the Christian Year Two Thousand And Sixteen (

/2016) between

M/S. COSMO CITY DEVELOPERS a Partnership firm

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represented by its Partner Shri Sumit Kumar Agarwal, Married, Aged about 37 years,
Occupation Business, Nationality - Indian, Residing at - Park City Opp. Yogi Hospital, Amli,
Silvassa, Dadra & Nagar Haveli, (hereinafter referred to as THE VENDOR which expression
shall be deemed to include his Partners, Successors, Legal representative, Executors, Administrators
and Assigns wherever the context or meaning shall so require or permit) OF THE FIRST PART.
AND Shri Shivakant Shukla S/o Shri Vibhavshanker Shukla Age 28 Years, Occ. Service,
Male, Indian, Pan No. BUUPS0949H, Mobile No. 9724877697, 8306009233, R/o. Bldg. 2,
Flat No. 132, Panchvati Society, Nr. S.R. Petrol Pump, Naroli Silvassa-396230, Dadra and
Nagar Haveli (herein after referred to as THE PURCHASER which expression shall be deemed
to include his Partners, Successors, Legal representative, Executors. Administrators and Assigns
wherever the context or meaning shall so required or permit) OF THE SECOND PART.
M/S. NAGJUA DEVELOPERS a partnership firm having its registered office in Silvassa, D.N.H,
hereinafter represented as CONFIRMING PARTY through its partner Shri Sumit Kumar Agarwal
(which expression shall be deemed to include his Partners, Successors, Legal representatives,
Executors, Administrators and Assigns wherever the context or meaning shall so require or permit) OF
THE THIRD PART.

ANDWHEREAS M/S. Nagjua Developers a partnership firm, through its Partner (1) Mr.Prem
Kumar Agarwal (2) Mr. Amit Kumar Agarwal (3) Mr. Sumit Kumar Agarwal (4) Mr. Alpesh R.
Kachhadiya (5) Mrs. Durga Agarwal (6) Mrs. Sarika Agarwal & (7) Mrs. Kiran A. Kachhadiya
were the absolute, lawful owner and possessor of the land bearing Srv. No. 537 admeasuring O H. 46 Are. & Srv. No. 538 admeasuring O H. - 69 Are. situated at village Sayli, U.T. of Dadra & Nagar
Haveli and more particularly described in the schedule I A & B written hereunder and hereinafter
referred to as the SAID LAND.
ANDWHEREAS under the implementation of D&NH Land Reforms Regulation 1971, the
occupancy right for the land bearing Survey No. 537, adm. O H. - 46 Are. of Village Sayli, U.T. of
&NH, were granted to Lt. Shri Keshurbhai Revlabhai by the then Land Reforms officer, D&NH,
Silvassa, vide his Order No. LRO/01/SAYLI/257/74 Dtd 09/09/1976 on payment of occupancy
price and the mutation entry No. 1199 was mutated by the then Patel Talati on date 20/05/1977 and
was certified by the circle officer.
ANDWHEREAS on death of Shri Keshurbhai Revlabhai, and after the heirship proceeding his
legal heirs namely (1) Smt. Vanashiben Wd/o. Keshurbhai (2) Shri Makanbhai Keshurbhai (3) Shri
Ishwarbhai Keshurbhai were entered into the records of right as the co-owner of the above said land
vide mutation entry No. 1765 mutated on dt 08/11/1994 in the records by the Patel Talati, Silvassa
II and was also certified by the Circle Officer. On death of Shri Makanbhai Keshurbhai Patel on
date 26/10/1998, and after the heirship proceeding, the names of his legal heirs namely (1) Smt.
Devliben wd/o Shri Makanbhai Keshurbhai (2) Shri Laxmanbhai Makanbhai, (3) Shri Shaileshbhai
Makanbhai were entered into the records of right as the co-owner of the above said land along with
shri Ishwarbhai Keshurbhai vide mutation entry No. 2073 in the records by the Patel Talati, Silvassa
II. And henceforth certified by the Circle Officer on Dtd. 16/12/1998.
AND WHEREAS Smt. Devliben M. Keshurbhai, Shri Laxmanbhai Makanbhai, Shri Shaileshbhai
Makanbhai received permission for Sale & N.A Permission for Residential Purposes in favour of
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the Shri Chandrasinh Gomansinh Solanki, for the land bearing Survey No. 537 admeasuring O H. 46 Are. situated at Village Sayli, in the U. T of D&NH. vide Order No. 1-1(260)RD/SALE
N.A./5434/04 dated 18/08-09/2004 from the Collector. And above said land bearing Survey No. 537
was converted into the N.A. Land for Residentialcum-Commercial & Hospital purpose, more
particularly described in the Part - A of Schedule I hereunder written.
ANDWHERE AS Smt. Devliben Makanbhai Keshurbhai, Shri Laxmanbhai Makanbhai, Shri
Shaileshbhai had sold, the above said land bearing Srv. No. 537 admeasuring O H. - 46 Are. situated at
Village Sayli in the U. T of

D&NH

to M/s. Bhuvneshwari Developers, Proprietor MR.

CHANDRASINH G. SOLANKI vide Sale Deed dtd. 24/09/2004 and presented in the office of the SubRegistrar, D&NH, Silvassa at Serial No. 1905/04 on 27/09/04 and Registration No.1729, at Page no.
177, Vol. No. II, of Book No. 77, on dated 27/09/2004. Accordingly the Patel Talati of Silvassa had
made necessary entry No. 3176 in the revenue records of the above said land. Accordingly M/s.
Bhuvneshwari Developers, become the absolute owner and possessor of the N.A land for Residentialcum-Commercial purpose bearing Survey No. 537 admeasuring 0 H. - 46 Are, situated at Village Sayli,
in the U.T. of D&NH. And whereas M/S. VISHAL ASSOCIATES (a partnership firm, through its
Partner (1) Mr. Raichand Sardarmal Shah (2) Mr. Mahesh Motilalji Mehta (3) Mr. Chandrasinh
Gomansinh Solanki (4) Mr. Kevin Ajitkumar Shah) purchased the SAID LAND from M/s.
Bhuvneshwari Developers, Proprietor Mr. Chandrasinh G. Solanki, and Sale Deed thereof executed
between the parties on 14/12/2004 and presented in the office of Sub-Registrar, D&NH, Silvassa at
Serial No. 2423/04 on 14/12/2004 , registration no. 2207, Page No. 336, Volume II, of Book No. 77
on dated 14/12/2004. Accordingly the Patel Talati of Silvassa had made necessary entry no. 3176 in the
revenue records of the above said land. Accordingly M/s. Vishal Associates became the absolute owner
and possessor of the N.A. land for Residential-cum-Commercial purpose bearing Srv. No. 537
admeasuring O H. - 46 Are Situated at Village Sayli, in the U.T. of D&NH.
And WHEREAS one Shri Goman Kuhiya AND Shri Mohan Kuhiya were the possessor of the
agriculture land of survey No. 538 admeasuring O H. - 69 Are of village Sayli of the Union Territory of
D&N.H. The land Reforms officer had granted the occupancy rights of the above said land on new and
impartial tenure vide land Reforms case no. LRO-1/SAYLI/248/74 Dated 09/09/1976 accordingly the
Patel Talati of Silvassa had made necessary entry no. 1194 on 20/05/1977 in the revenue records AND
after the death of Shri Goman Kuhiya on 04/07/1987, Smt. Kankuben Goman Kuhiya became his legal
heir. Accordingly the mutation entry no. 1889 was made by Patel Talati of Silvassa on dated 01/09/1996
in the revenue records. This (1) Shri Mohan Kuhiya Patel (2) Smt. Kankuben Goman Kuhiya, became
the absolute owners and possessors of the agricultural land of Survey no. 538 admeasuring O H. - 69
Are. of village Sayli of the U.T. of D&N.H.
AND WHEREAS Shri Mohan Kuhiya Patel & Smt. Kankuben Goman Kuhiya, decided to sell their
agricultural land at Survey No. 538 admeasuring O H. - 69 Are of Village Sayli to M/s. Vishal
Associates and both the parties obtained necessary permission from the administration of Dadra and
Nagar Haveli Silvassa for Sale/Purchase and N.A. for the Residential-Cum-Commercial purpose vide
order no. 1-1 (103) RD/Sale/ NA/2005/4881/05 Dated 25/08/2005.
AND WHEREAS Shri Mohanbhai K. Patel and Smt. Kankuben G. Kuhiya had sold, the above said land
bearing Survey No. 538 admeasuring O H. - 69 Are Situated at village Sayli, in the U.T. of D&N.H to
M/s. Vishal Associate and Sale Deed thereof was executed between the parties on 08/09/2005 and
presented in the office of the sub Registrar, D&NH, Silvassa at Serial No. 1845 on 08/09/2005,
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Registration No. 1696 page No. 164 Vol. No. II, of book No. 78. Accordingly the Patel Talati of Silvssa
had made necessary entry No. 3247 in the revenue records and M/s. Vishal Associate became the
absolute owner and possessor of the Non- agricultural land for Residential-cum-Commercial purpose
bearing Survey No. 538 admeasuring O. H. - 69 Are. situated at Village Sayli in the U.T. of D&NH.
AND WHEREAS M/s. Vishal Associates had sold, the above said land bearing Srv. No. 537
admeasuring O H. - 46 Are. situated at village Saiyli in the U. T of D&NH to M/s. Nagjua Developers
and executed the Sale Deed with the Sub-Registrar of Dadra & Nagar Haveli on dated 07/02/2008,
Serial No. 522, Registration No. 467, at Page No. 284, Volume I, of Book No. 81. And M/s. Vishal
Associates also sold the land bearing Srv. No. 538 admeasuring O H. - 69 Are. Situated at village Sayli,
U.T. Of D&N.H. to M/s. Nagjua Developers and executed the Sale Deed with the Sub-Registrar of
Dadra & Nagar Haveli on dated 17/10/2007, Serial No. 3588, Registration No. 3264, at Page No. 267,
Volume III, of Book No. 80. Accordingly M/s. Nagjua Developers became the absolute owner and
possessor of Non-agricultural land for ResidentialcumCommercial Purpose bearing Survey No. 537
admeasuring O H. - 46 Are and Srv. No. 538 admeasuring O H. - 69 Are situated at village Sayli, U.T.
of Dadra & Nagar Haveli, hereinafter referred as THE SAID LAND
AND WHEREAS the Vendor M/s. Cosmo City Developers has entered into an Development
Agreement with the Owner M/s. Nagjua Developers on date 10/09/2012 and further Executed the
Development Agreement in the office of SubRegistrar, Dadra and Nagar Haveli, Silvassa at Serial No.
148, Registration no. 175, on date 15/01/2013. Accordingly as per the terms and conditions of the
Development Agreement Dt. 10/09/2012, M/s. Cosmo City Developers became the developers of the
said land bearing Srv. no. 537 & 538 admeasuring O H. - 46 Are. & O H. - 69 Are. situated at village
Sayli in the U. T of Dadra and Nagar Haveli. Accordingly M/s. Cosmo City Developers has undertaken
the development of said land and the Construction Permission for construction of building for the
purpose of Commercial cum Residential buildings is granted by the Planning and Development
Authority bearing no. DNHPDA/CP/Srv. No. 537 & 538/Sayli/2012/1139 dated 14/12/2012. The said
Project is identified as COSMO CITY. There will be number of buildings and each one is marked
specially and also given names for identification.
(I) Now the building type - C, by name - JUPITER, is being constructed by the vendor in
Cosmo City, in accordance with the construction permission and/or sanction from the competent
Authorities and on the plans approved by the Planning And Development Authority Silvassa as per the
Rules And Regulations Prevailing in the U.T. of Dadra & Nagar Haveli. The said constructed and under
construction premises standing on Srv. No. 537 & 538 are owned by the said vendor.
(II) THE PURCHASER have taken inspection of the Title Deeds and of the documents recited
hereinabove including the documents referred to therein and ownership of the vendor and authority to
sell and also of the building plans approved by the Planning And Development Authority Silvassa
Dadra & Nagar Haveli and other documents required to be disclosed under the respective laws and rules
and are deemed to have been noticed of the contents of the deeds and documents by the Purchasers and
have ensured himself of the clear title of the vendor.
(III) THE VENDOR has agreed to sell and will be entering into separate agreements with
several other persons/bodies for the purpose of Sale of the different premises in the said building.
(IV) IT HAS been agreed by and between the parties hereto that the vendor shall sell to
the purchasers and the Purchaser shall purchase from the vendor free from encumbrances charges
or onus at or for the price of `13,28,750/- (In Words Rupees Thirteen Lac Twenty Eight Thousand
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Seven Hundred Fifty Only) a constructed area of a Flat in the building type - C, by name - JUPITER,
in Cosmo City, having Carpet area - 691 Sft. (including the area of balconies) known as Flat No.
102 situated lying and being on the First Floor (First Floor indicated in approved plan) hereinafter for
brevitys sake referred to as stated above as THE SAID PREMISES) and more particularly described
in the SCHEDULE No. 2, written herein under on the terms and conditions herein under appearing :-

NOW THIS AGREEMENT OF SALE WITNESS as follows

(1) That the vendor has hereby agreed to sell to the Purchaser and the Purchaser Purchases from the
vendor the said constructed premises known as Flat No. 102 having Carpet area - 691 Sft. with
amenities, facilities, attached with respective liabilities having the access from South and its external
walls are common in the building type C, by name - JUPITER, and more particularly described in
the SCHEDULE No. 2, herein under written on ownership basis as per the said approved plans and the
specifications seen approved and confirmed by the purchaser at or for the fair market value determined
taking into consideration the prevailing rates which shall be paid by the purchaser to the vendor as
herein under sum of `13,28,750/- (In Words Rupees - Thirteen Lac Twenty Eight Thousand Seven
Hundred Fifty Only) as now paid towards the consideration by the purchaser and received by the
vendor `75,000/- and balance to be paid on completion/Sale Deed.
(2) If any addition or alteration or repair about or relating to the said building is required to be
carried out by any Government, Municipality or any other authority or public body. The same shall be
carried out by the purchaser in co-operation with owners of the other premises in the building or the
society or company of such purchaser at their own costs and the vendor shall not be any manner liable
or responsible for the same.
(3) THAT if any alteration is to be caused in the approved plan. It is for the purchaser or the
society or company of purchasers, to get the necessary permission from the competent Authority.
(4) THAT the purchaser hereby agrees that any amount by way of premium or Security
Deposits to the Government or Municipal Authority, or to the Government or betterment charges or
development tax of security deposit for the purpose of giving water connection or any other tax or
payment of a similar nature and electric and occupation deposit or any other deposits already paid or
that may hereinafter be paid by the vendor in connection with the said premises shall be reimbursed by
the Purchaser to the vendor.
(5) THAT the purchaser shall keep the said premises and its external and partition walls.
Sewages, drains pipes and appurtenances of the said building in tenantable repairs So as to support
shelter and protect the parties and members of the said building of the said premises. Also the Purchaser
shall not throw dirt rubbish, rags or other refuse in the compound or any portion of the building and the
purchaser will not cause or allow to be cause any sound water or air pollution by himself or visitors.
(6) THAT the Purchaser shall not use the said premises or permit the same to be used for any
purpose whatsoever other than the purpose for which it is purchased and which are not banned or
prohibited under statutory provision and will not use the common open space or passage. Which will
cause any obstruction or nuisance to other premises holders or visitors, nor will allow the visitors to
cause any such obstructions.
(7) IT is explicitly agreed between the vendor and the purchaser that stilt parking, open parking
and terrace shall not be part of common area. The vendor shall have exclusive right to allot parking or
part of the terrace for exclusive use of the purchaser.
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(8) THAT save and except on the said premises hereby sold and acquired by the purchaser on
ownership basis, the Purchaser shall not have nor claim any right to or in any other premises of the said
property and the said building. The purchaser will have no exclusive right Unless otherwise exclusively
granted by the vendor to the purchaser on Parking places, garages etc. and the purchaser has the right
to utilise the same upon exclusive right granted by the vendor with all reasonable care, personally or
through the visitors. The purchaser has no right of any nature over the terrace or part of terrace. The
vendor shall have the right to allot part of the terrace for the exclusive use of the purchaser. Unutilised
F.S.I or the F.S.I. that may he granted by Municipal/Panchayat Authority in future after the conveyance
of the said premises as aforesaid and that same shall remain the property of the vendor. The terrace will
not be belong to the Society, but will always belong to the vendor only and is free to obtain the
permission to use the same from the vendor. If the purchaser will like to use it, the vendor has a right to
grant the permission on such terms and condition, as may be agreed. The vendor shall have right to
utilize unutilized F.S.I or the F.S.I that may be granted by Municipal/Panchayat Authority in future and
construct additional floor on the existing buildings.
(9) No changes affecting internal structure and external elevation of any sort (by way of Grills,
Colour on balcony walls, making any type of openings in external walls etc) can be made by any of the
purchasers under any circumstances.
(10) The Vendor or the society will give a notice in writing for any alteration or change caused
by the purchaser shall be under obligation to restore the condition or appearance within Seven days. On
failure the vendor or the society will have authority to disconnect water supply and electricity supply of
the premises till the purchaser will restore.
(11) The purchaser will have a right to became a member of other facilities as will be
provided in Cosmo City, so long will abide rules and pay contribution as will be decided.
(12) On failure by the purchaser to pay balance amount within stipulated time the purchaser
agreed to pay interest @ 18% p.a. on delayed payment. But if the delay will be more than three months
the amount paid will be forfeited and the agreement for sale shall be considered cancelled.
(13) The purchaser will have to pay all taxes cess, charges as will be payable to the Municipal
Council, Administration etc. and the Purchaser will bear the costs of documentation, Stamps duty, taxes
and other charges.
(14) The purchaser shall not use the above said premises for any commercial activity, which
may intend to invite people living outside the premises of Cosmo City, and or which may cause
nuisance and or disturbances to its neighbours or to the other flat owners in Cosmo City.
(15) The Purchaser hereby agrees that the vendor M/s. Cosmo City Developers has the right
to allot exclusive rights of parking, to any owner or purchaser of flats in Cosmo City in order to avoid
any dispute among resident members. The vendor can identify any spaces open or stilt in the residential
complex Cosmo City, for the purpose of parking, at its own free will by way of parking allotment letter.
Also the purchaser hereby agrees that the vendor M/s. Cosmo City Developers has the right to allot
terrace to any owner or purchaser of flats in Cosmo City for exclusive usage.
(16) THAT the purchaser will have to become member of the society of all premises holders of
the building as will be established under the co-operative societies Act (as applicable for Dadra & Nagar
Haveli) and will subscribe all fees, charges, shares etc. of the said society and service charges such as
for maintaining the common utility service i.e. providing light for common passage, providing water
facilities and thereof meeting the said expenses necessary and/or incidental to their maintenance in
respect of the said property and that the said contribution shall be handed over as will be resolved to the
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society when formed. Till such society will be formed the purchaser will pay monthly contribution to
the vendor as will estimated. The purchaser will be entitled for such services, so long is regular in
payment of such charges. The Purchaser will be under obligation to pay service charges @ 0.60 Paise
per Sft. (or as revised from time to time) on the Super Built Up Area 1063 Sft. The Service Charge has
to the paid before 12th of each month, whether the flat is occupied or not. On default of paying service
charge for more than six months, the vendor will be justified in disconnecting all common services,
including water supply and use of parking without any notice. The vendor shall issue valid receipts for
the payment of service charges. After formation of the society of the members, all accounts of balance
amount shall be transferred by the vendor to such a society.
(17) The purchaser agrees that the vendor if required in future shall provide right of access or
right of way to all such adjoining plots through the said plot bearing survey no. 537 & 538. The
purchaser shall not oppose or cause hindrance to the vendor on providing such right of way.
(18) The purchaser hereby agrees that the vendor has the right to modify or alter the existing
plans with prior approval from the associate town planner and that the purchaser shall not object to it.
(19) The purchaser hereby agrees that any unused FSI or additional FSI granted in future by the
Planning And Development Authority or any local authority, in the said plot bearing survey no. 537 &
538 or the adjoining plots, shall always remain the property of the vendor and the vendor can utilize
such unused or additional FSI for the construction and sale of Residential cum commercial units.
(20) In case the said premises is further sold by the purchaser to any other individual, person or
legal entity than he is required to obtain proper no objection certificate obtained from the society or the
Developer M/s. Cosmo City Developers regarding the clearance of all maintenance dues and other
charges which he may be liable to pay to the Society, without obtaining proper No Objection Certificate
from the society or the Developer M/s. Cosmo City Developers if the purchaser sells the flat to any
individual , person or legal entity, the sale deed shall be deemed cancelled, also the purchaser agrees
that transfer charge `25,000/- (In words Rupees Twenty Five Thousand Only) shall be payable to the
society by the new purchaser on resale of flat, in order to accept the new purchaser as official member
of the society. This transfer charge may vary from time to time as decided by the Society. It is also
agreed by the purchaser that if in future the said premises is further sold to any other individual, person,
or legal entity than he shall be liable to collect transfer charges from such buyer and deposit it with the
Society.

SCHEDULE No. 1
(OF THE LANDED PROPERTY ABOVE REFERRED TO)
(A)
All that piece or parcel of Non-agricultural Residential-cum-Commercial & Hospital purpose
land bearing Survey No. 537 admeasuring O H. - 46 Are. Situated at village Sayli, in the Union
Territory of Dadra and Nagar Haveli, which is bounded as under :On or Towards the North : By Survey No. 538
On or Towards the South : By Existing Road
On or Towards the East : By Survey no. 536/12
On Or Towards the West : By Main Silvassa Khanvel Road.
(B)

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All that piece or parcel of Non-agricultural Residential-cum-Commercial & Hospital purpose land
bearing Survey No. 538 admeasuring O H. - 69 Are. Situated at village Sayli, in the Union Territory of
Dadra and Nagar Haveli.
The boundaries of Srv. No. 538 are as follows :
On or Towards the North : Survey No. 542
On or Towards the South : Survey No. Main Road
On or Towards the West : Survey no. 539
On Or Towards the East : Survey no. 537

SCHEDULE No. 2
(OF THE PREMISES HEREBY AGREED TO BE SOLD)
ALL THAT the premises known as Flat No. 102 as shown in plan approved by the Planning
Development Authority Carpet area being 691 Sft. situated lying and being on the First Floor (First
Floor indicated in approved plan) of the building type C, by name - JUPITER, in Cosmo City,
Which is being constructed on the property situated at village Sayli, Silvassa in Union Territory of
Dadra & Nagar Haveli.
SIGNED AND DELIVERED by the

Within named.

SHRI SUMIT KUMAR AGARWAL

For M/s. Cosmo City Developers

a partnership firm

.......THE VENDOR..

_______________________

SHRI SUMIT KUMAR AGARWAL )

For M/s. Nagjua Developers

...CONFIRMING PARTY

SIGNED AND DELIVERED by the

Within named.

Shri Shivakant Shukla

THE PURCHASER...

_______________________

_______________________

IN THE PRESENCE OF WITNESS:(1)

_________________________

(2)

_________________________

RECEIPT
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RECEIVED the sum of `75,000/- From Shri Shivakant Shukla Flat No. 102 building type C, known as - JUPITER, in Cosmo City, being the part price consideration amount to be paid by
the purchaser to the vendor.

Date

Cheque/Draft No.

Name of Bank & Branch

Amount (`)

05/01/2014

601926

ICICI BANK

75,000/-

TOTAL

`75,000/-

(Rupees In Words:- Seventy Five Thousand Only.)

I SAY RECEIVED for
M/s. Cosmo City Developers

PARTNER
Place : Silvassa
Date :
Witnesses : -

(1) --------------------------------(2) -------------------------------

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