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BY
TO AND INFAVOUR OF
Mrs. Malika Banu (PAN: DYEPM5049A) (AADHAR No. 2621 7553 2488), aged about
63 years, wife of Mr. Abubacker Mohammed, presently residing at 6/42, J.J. Nagar, West
Mogappair, Chennai- 600037, hereinafter referred to as "BUYER" which expression shall,
unless repugnant to or inconsistent with the context, mean and include herlegal heirs,
executors, administrators, legal representatives and assigns of the OTHER PART;
(The SELLER and BUYER are hereinafter also referred to collectively as the “Parties” and
individually as the “Party”).
WHEREAS
1. The SELLER is the absolute owner of the land measuring an extent of 672 Sq.ft.as
per document and 667. 36. Sq.ft as per Patta No. TK8A/383/1421 dated 5.9.2011
standing in the name of Mrs. Padma ( previous owner of the property) (enclosed)
and physically measuring an extent of 672 sq.ft in Plot No 23, Kanchi Kamatchi
Gardens, Oragadam, Cehnnai- 600053, comprised in Old Survey No. 62/3 (part),
Town Survey No.3/6, situatedat No. 21 Oragadam Village, Ambattur Taluk,
Tiruvallur District together with a building of 650 sq.ftthereon,having purchased the
aforesaid land together with building, (hereinafter referred to as the "SCHEDULE
PROPERTY")vide sale deed dated 25.07.2014, registered as Doc. No.10273 of
2014,in the file of Sub Registrar, Ambattur, from one Mrs. B. Padma for a sale
consideration of Rs. 13,30,000/-..
2. The SELLER, ever since the date of purchase of the Schedule Property, was in
absolute possession and enjoyment of the same.
3. The SELLER due to her tight busy schedule could not transfer the patta for the
said land in her name and the same is still lying in the name of the previous
owner of the property viz Mrs. B. Padma.
4. The SELLER is now in need of funds and hence the SELLER has offered to sell
the SCHEDULE PROPERTY and the BUYER have agreed to such offer and have
agreed to buy the SCHEDULE PROPERTY for a sale consideration of
Rs.17,50,000/- (Rupees Seventeen Lakhs and Fifty Thousand only) free from
all encumbrances and charges on the following covenant made between them.
That in pursuance of the aforesaid circumstance and in consideration of the said sum
ofRs.17,50,000/- (Rupees Seventeen Lakhs and Fifty Thousand only) being paid
to the SELLER by the BUYER by virtue of Demand Draft bearing No. 569535
dated 12.02.2018 drawn in Vijaya Bank, Mogappair Branch,in favour
of Mrs. P. Hemavathy, the SELLER herein, the receipt of which sum the SELLER doth
hereby, admit, acknowledge and release the BUYER from further payment thereof, the
SELLER doth hereby grant, convey, transfer, assign and sell the SCHEDULE
PROPERTY, together with all the drains, ditches, water, water courses, liberties,
privileges, advantages, appurtenances whatsoever together with all the rights, interest,
claims and demands whatsoever of the SELLER into or upon the said property
TO HAVE AND TO HOLD THE SAME UNTO and to the use of the BUYER absolutely
and forever free from all encumbrances and claims;
1. The SELLER is the sole and absolute owner of the SCHEDULE PROPERTY
which is hereby conveyed to the BUYER and it has good, subsisting right and
marketable title to convey, transfer and assign the same in the manner
contemplated herein and no other person has got any right, title, claim and
interest over the same.
2. The SELLER has not at any time here before done or knowingly suffered or
been party or privy to any act or deed or thing by reason whereof his title to the
SCHEDULE PROPERTY or any part thereof or her right to transfer the same is
changed, encumbered or affected in estate or may be impeached in title or
otherwise.
4. The SELLER do hereby vest in the BUYER the full, absolute, unencumbered
and exclusive title to the SCHEDULE PROPERTY hereby sold.
5. The BUYER shall at all times, hereafter, quietly and peaceably own, possess
and enjoy the SCHEDULE PROPERTY without any let or hindrance,
obstruction, disturbance, interruption, claim, demand or interference from or by
the SELLER or any person/s whomsoever claiming through or under or in trust
for them.
6. The SELLER shall from time to time and at all times, hereafter at the request
of the BUYER do and cause to be done and execute and register or cause to be
executed and registered all such further acts, deeds, assurances and things
whatsoever as may be necessary and reasonably required by the BUYER
for further and more perfectly assuring the title and peaceful and effective
possession of the SCHEDULE PROPERTY and every part thereof
unto the BUYER.
7. The SELLER shall and will at all times, hereafter indemnify the BUYER
and keep the BUYER well and sufficiently indemnified against all losses,
expenses, claims, demands, actions, suits, proceedings, costs, prejudices,
damages and expenses whatsoever and from whomsoever which the BUYER
may be put to or sustain or incur by reason of any encumbrance or defect in title
of the SELLER or her right to transfer the same or subsequent approval thereof
or breach by the SELLER of any of the covenant, condition, assurances,
declaration or representatives herein contained or the possession and quiet
enjoyment of the SCHEDULE PROPERTY.
8. The SELLER has paid all taxes, levies and other outgoings with respect
to the SCHEDULE PROPERTY to the Government or any local authority
till the date of registration of this deed and the BUYER shall be liable to pay all
such taxes and dues that may become due and payable after the date
of registration of this deed. The SELLER agrees and undertakes that in case
of any default of taxes which is likely to be payable by the SELLER before
the execution of this SALE DEED, comes to the knowledge of the BUYER,
then the SELLER on request from the BUYER shall immediately within 15 days
from the date of such request shall reimburse all the monies (taxes including
penalties and other expenses as met out by the Buyer towards making good
such default of the SELLER) to the BUYER.
10. The SELLER further declare that the BUYER shall be at full liberty to apply
for mutation of names in the Land Revenue, and other Registers and Records
of the Corporation, Municipal and other Authorities at their own cost
and the SELLER agrees to execute necessary papers or other Documents
as and when required by the BUYER for the said purposes, like transfer
of Patta, transfer of name as per Village Panchayat records, Corporation and
Revenue Authorities records.
11. The SELLER has handed over all the title deeds and other connected
documents and subsequent plan approvals to the BUYER in respect
of the SCHEDULE PROPERTY.
12. The SELLER has on this day delivered vacant and peaceful possession
of the SCHEDULE PROPERTY to the BUYER herein and the BUYER has taken
over the SCHEDULE PROPERTY from the SELLER.
SCHEDULE PROPERTY
All that piece and parcel of land measuring an extent of 672 Sq.ft. as per document and
663.36 sq.ft as per Patta and physically measuring an actual extent of 672 Sq.ftin Plot No
23, Kanchi Kamatchi Gardens, Oragadam, Cehnnai- 600053, comprised in Old Survey
No. 62/3 (part), Town Survey No.3/6, situatedat No. 21 Oragadam Village, Ambattur Taluk,
Tiruvallur District and bounded on the:
TOGETHER WITH
A RCC building comprising of 650Sq.ft built up area in Ground Floor including wooden,
electrical and plumbing Frames and Fixtures installed therein and Electricity & Water
connection and Septic tank for the said Ground floor building.
All the above land and building situated within the Sub-Registration District of Ambattur
in the Registration District of “Tiruvallur"
*****
The present Market Value of the Schedule Property is Rs.17,50,000/- and the same is
hereby considered for calculation of stamp duty and Registration fees
[The Market Value of the Land i.e 672 sq.ft is fixed to Rs. 1860. 119/- per sq.ft which
amounts to Rs. 12,50,000/- (Guideline value of the land is only Rs. 871/- per sq.ft) and the
Market Value of the Building i.e 650 sq.ft of built up area is fixed to Rs. 769.23 per Sq.ft
which amounts to Rs. 5,00,000/-, (PWD rate as per records of Registration Dept. for the
said Building is Rs. 615.90 only). Details of the said calculation of market value is morefully
described in the Annexure -1A attached to this deed]
IN WITNESS WHEREOF the SELLER and the BUYER have executed this DEED
OF SALE on the place and date mentioned first here above
WITNESSES
1. Signature : :
Name :
Father/husband's name :
Address :
2. Signature
Name
Address
DRAFTED BY:
ANNEXURE 1
a) The SELLER herein has a clear and marketable title to the SCHEDULE
PROPERTY.
b) The SELLER has been in exclusive, continuous, undisturbed and
uninterrupted possession, use and occupation of the SCHEDULE
PROPERTY and the SELLER has not created any adverse right in respect
of the SCHEDULE PROPERTY.
c) No part of the SCHEDULE PROPERTY is reserved for any public purpose.
d) The SELLER also declares that SELLER has not created or agreed to create
any encumbrance over or transferred or agreed to transfer any interest in, or
entered into any type of contract in respect of, the SCHEDULE PROPERTY
in favour of any person except the BUYER.
e) That no other person has any share, right, title, interest, claim or demand
in respect of the SCHEDULE PROPERTY or any part/ portion thereof;
f) That there are no tenants, unauthorised or authorised occupants,
trespassers or encroachments on the SCHEDULE PROPERTY or any part
thereof;
g) That there are no proceedings, including but not limited to execution
proceedings, pending/ threatened in any court /tribunal /forum or otherwise
in respect of the SCHEDULE PROPERTY and that there are no other
proceedings instituted by or against the SELLER in respect of the
SCHEDULE PROPERTY or otherwise against the SELLER and pending in
any Court /tribunal /forum and the SCHEDULE PROPERTY is not subject
to lispendens;
h) No notice from any Government Agencies or any other notice under any
law has been served upon the SELLER in respect of the SCHEDULE
PROPERTY or any part thereof that restricts or affects or may restrict or
affect in any manner the execution of this DEED OF SALE;
i) The SCHEDULE PROPERTY is freehold subject to the payment of the
usual Government Land Revenue and Taxes of local bodies and other
authorities;
j) All normal rates, taxes, assessments, duties, etc. payable by the SELLER in
respect of the SCHEDULE PROPERTY has been paid till date.
*_*_*
ANNEXURE 1-A
MARKET VALUE OF PROPERTIES, BUILDINGS, PARTICULARS OF BUILDINGS
TO BE FURNISHED
Please denote by a tick ()mark the relevant item involved in the following:-
I. Description of building
(a) Construction of the structure Cement or lime mortar
Partly cement or lime
Partly mud mortar
(b) Depth of foundation
3 –4 Above 4
_________________________________________________________________________________
Floor Madras RCC roof Mangalore Mangalore Mangalore Pantile Pantile A.C.C.
terrace tile roof tile roof tile roof roof over roof Sheet
roof over flat plain over ceiling flat tiles plain roof
tiles tiles
(1) (2) (3) (4) (5) (6) (7) (8) (9)
In ground - 650 sq.ft - - - - - -
floor
(b)No. of fans: 2
(c)No. of electric motor pump sets -
X. Annual rental value Rs.5,000/-P.
XI. The executants estimate of the market value of the
Land as Rs. 12,50,000/-.
and Building as: Rs. 5,00,000/-
Total Rs. 17,50,000/-
PLACE: CHENNAI
DATE: .02.2018