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ABSOLUTE SALE DEED - Indiranagar - Site No 374 Akash

Sale deed

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0% found this document useful (0 votes)
92 views19 pages

ABSOLUTE SALE DEED - Indiranagar - Site No 374 Akash

Sale deed

Uploaded by

Sasi Casio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1

ABSOLUTE SALE DEED

THIS ABSOLUTE SALE DEED is made and executed on this


……………….. day of July, Two Thousand Twenty-Four
(….07.2024) at Bengaluru by and between:

SMT. SUMITHA NIRMAL KUMAR


Aged about 62 years,
W/o. D. Nirmal Kumar,
AADHAAR NO. – 3150 8465 2898
PAN NO. – AAJPN3420G
PHONE NO. – 9900546352.

Residing at #374, 6th Main, BSNL Office, HAL 3rd Stage, New
Thippasandra, Bengaluru - 560075.

Hereinafter called the First Party/Seller/ Vendor (which expression


wherever it so required shall mean and include all his heirs, legal
representatives, administrators, executors and assigns etc.) of the
One part:

1. SMT. JEYENDRA SARASWATHI SARAVANA


BHAVA
Aged about 47 years,
W/o. SARAVANABHAVA. N,
AADHAAR NO. – 4121 8715 2440
PAN NO. – AMDPJ3977G
PHONE NO. – 9941017642.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
2

2. SMT. SAISHIV ADITHYA


Aged about 23 years,
D/o. SARAVANABHAVA. N,
W/o. AKASH
AADHAAR NO. – 9153 5485 0061
PAN NO. – OKRPS9076R
PHONE NO. – 9941017642.

Both are residing at Plot No. 6, Kurinji Nagar, 3 rd Main Road Extn,
Chandrasekara Street, Old Perungalathur, Kancheepuram, Tamil
Nadu - 600063.

Hereinafter called the Second Party/Purchasers (which expression


wherever it so required shall mean and include all his/her/their heirs,
legal representatives, executors and assigns etc.) of the other part:

WHEREAS the expressions VENDORS and PURCHASERS unless


inconsistent with or repugnant to the context shall mean and include
their respective legal heirs, legal representatives, successors,
executors, administrators, assigns etc.

WITNESSETH:

WHEREAS, the VENDOR is the sole and absolute owner of the


Property being Residential building Site bearing Municipal
No.374, BBMP PID No.74-8-374, Situated at 6th Main Road, H.A.L.
3rd Stage Extension, Indiranagar, BBMP New Thippasandra ward

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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No.58, Bengaluru – 560 075 consisting of 2 BHK in the Ground
Floor measuring a built up Area of 845 sq.ft., and consisting of 2
BHK in the First Floor measuring a built up area of 845 sq.ft., are
constructed with Brick, Cement, Mosaic, Flooring, RCC Roofing with
Sal wood doors and M.S. Steel Windows and provided with civic
amenities i.e., electricity, water and sewerage connection, built on
the site measuring East to West 9.14 mtrs., and North to
South 12.19 mtrs., in all measuring 111.41 sq.mtrs., or 1200
sq.ft., which is more fully described hereunder and hereinafter
referred to as the Schedule Property.

Whereas, one Sri. R. Nagaraja is the owner of the immovable


Property being Residential building Site bearing Municipal
No.374, BBMP PID No.74-8-374, Situated at 6th Main Road, H.A.L.
3rd Stage Extension, Indiranagar, BBMP New Thippasandra ward
No.58, Bengaluru – 560 075 consisting of 2 BHK in the Ground
Floor measuring a built up Area of 845 sq.ft., and consisting of 2
BHK in the First Floor measuring a built up area of 845 sq.ft., are
constructed with Brick, Cement, Mosaic, Flooring, RCC Roofing with
Sal wood doors and M.S. Steel Windows and provided with civic
amenities i.e., electricity, water and sewerage connection, built on
the site measuring East to West 9.14 mtrs., and North to

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
4
South 12.19 mtrs., in all measuring 111.41 sq.mtrs., or 1200
sq.ft., which is more fully described hereunder and hereinafter
referred to as the Schedule Property.

Whereas the Schedule Property is carved out of Sy.No.1/6 of


Thippasandra Munivarthkaval and land bearing S.No.21/2 of
Thippasandra village.

That P&T Employees Cooperative Society Ltd., was owning land


bearing Sy.No.1/6 of Thippasandra Munivarthkaval and land bearing
S.No.21/2 of Thippasandra village and whereas the said lands came
to be vested in the City Improvement Trust Board, Bangalore and
Where the City Improvement Trust Board, Bangalore by its resolution
No.413 dated 13.1.71 resolved and decided to reconvey to the said
Society an extent of land measuring 4 acres 10 guntas in HAL III
Stage layout, Bangalore and Whereas the City Improvement Trust
Board, Bangalore, permitted the said Society as per the Letter
No.TPO/266/73-74 dated 12.6.1973 of the C.I.T.B. to alienate the site
to the others and whereas the Agreement of reconvey and dated
19.11.1973 came to be executed between the said Society and the
City Improvement Trust Board, Bangalore and whereas the Society
having acquired ownership of the said land with the right to alienate

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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5
the same executed sale deeds in favour of its members conveying
and transferring the site to them and whereas the Purchasers under
the said sale deeds could not be put in possession of the Site and
Possession Certificates could not be issued by the C.I.T.B.,
Bangalore, to them owing to the obstructions offered by the persons
un authorisedly occupying the land, and whereas the agreement
dated 19.11.1973 entered into between them and the C.I.T.B.
Bangalore and the P&T Employees Cooperative Society became
infructuous and of no legal effect and consequently.

And whereas the sale deeds executed by the Society in favour


of the Members also has become of no legal effect and Whereas the
Bangalore Development Authority is the successors of the C.I.T.B.
Bangalore and Whereas in view of the representations made by the
said Society to the B.D.A. decided to exchange ready made sites at
H.A.L. III Stage Extension to the said P&T Employees' Cooperative
Society Ltd., Bangalore and Whereas the decision of exchange of
sites was communicated to the Society by the Letter of the
Chairman, B.D.A. in No. BDA/EE/(E) T/ 4166/76 - 77 dated 30.12.76
and Whereas the BDA agreed to convey the said land in the form of
30' X 40' dimensions ready made sites and Whereas the Bangalore
Development has agreed to transfer the land on land to land basis as

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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6
per terms and conditions of Agreement dated 20.5.1977 entered into
between B.D.A. and the P&T Employees Cooperative Society Ltd.,
Bangalore which registered as document bearing No.406/77-78,
Pages 183, Volume No.1871 of Book I, in the office of the Sub-
Registrar, Shivajinagar, Bangalore.

And whereas one Sri. R. Nagaraja is a member of the above


said Society and he has allotted and sold the schedule site to him
who has paid a sum of Rs. 1,999.95/- (Rupees One Thousand Nine
Hundred Ninety Nine and Paise Ninety Five only) as layout charges
and Whereas a bond is executed by R. Nagaraj to the vendor i.e.,
Bangalore Development Authority, whereas the Engineer of B.D.A.,
has delivered possession of the site to said R. Nagaraja and he has
been put in actual possession of the Schedule Site No.374 on 15-06-
1977 vide No.PR.60/77-78 issued by the Assistant Director (R & E),
O/O the G.M. Telecom, Karnataka Circle, Bangalore.

And whereas P & T Employees Co-Operative Society Ltd


entered in to an agreement dated 20.05.1977 agreeing to reconvey
and transfer the Right Title and Interest in the 103 Sites formed in
the residential layout known as HAL Layout 3rd Stage Indiranagar,
Bengaluru having 30ft X 40ft dimensions measuring in all 1200 Sq.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
7
feet to the members of the P & T Employees Co-Operative Society
Ltd. Hence vested its powers to the City Improvement Trust Board
(Now B. D. A.) in fulfilling as per the terms and conditions mentioned
in the Agreement in the interest and obligation of the Society
members.

AND whereas the above said R. Nagaraja being member of the


P & T Employees Co-Operative Society Ltd had approached the
Society and got allotted a Vacant site in the HAL Layout 3rd Stage
Indiranagar, Bengaluru bearing No.374, and further paid the Full and
Valid Sale Consideration of Rs. 1,999.95/- (Rupees One Thousand
Nine Hundred Ninety Nine and Paise Ninety Five only) to the
Bangalore Development Authority (B.D.A). That on obtaining the
entire sale consideration form the R. Nagaraja by the Bangalore
Development Authority (B.D.A), that the said Bangalore
Development Authority represented by its Secretary executed a Sale
Deed dated 28-08-1977 in respect of Vacant Site No.374,
measuring East To West 9.14 Meters and North to South
12.19 Meters In all measuring 111.41 Sq. Meters or 1200 Sq.
ft. to Sri. R. Nagaraja S/o. Sri. G. Ramaiah under a registered Sale
Deed bearing Document No.2528/1977-78 Book-1, Volume No.1958

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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8
at Pages 25-26 dated 23.12.1978 in the Office of the Sub-Registrar
Shivajinagar, Bangalore.

Whereas that an Agreement dated 20-05-1977 has been


entered into by the above said Bangalore Development Authority
and P & T Employees Co-operative Society Ltd., which registered as
document bearing No.406/77-78, Pages 183, Volume No.1871 of
Book I, in the office of the Sub-Registrar, Shivajinagar, Bangalore, in
the said Agreement some mistakes have occurred in Schedule hence
the above said parties have rectified the mistakes by executing
Deed of Rectification dated 07-09-1978 registered as document
bearing No.2320/1977-78, in the office of the Sub-Registrar,
Shivajinagar, Bangalore.

And whereas the above said Bangalore Development Authority


has executed Sale Deed dated 23-12-1977 in favour of R. Nagaraja
which registered as document bearing No.2528/77-78 in the said
Sale Deed some mistakes occurred in Schedule and the same has
been rectified through this Deed of Rectification dated 23-03-1979
registered as document bearing No.389/78-79, Book I, Volume
No.2005, Page 27 dated 04-05-1979 in the office of the Sub-
Registrar, Shivajinagar, Bangalore, in respect of Site No.374.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
9

Whereas the said Shri. R. Nagaraja being the Owner having


Right Title and Interest over the aforesaid Property secured a Loan of
Rs. 19,635/- (Rupees Nineteen Thousand Six Hundred and Thirty-
Five only) and Mortgaged the aforesaid property in favour of
President of India (Sri. S. Bramanandam, Director of Postal Services
(HD.Qrs) BG, Karnataka Circle, Bangalore – 560 001 for and on
behalf of the President of India) under a Mortgage Deed dated 30-10-
1980 which registered as Document bearing No. 2834 of 1980-81
Book-1 Vol. No.2068 at page 56 dated 30.11.1980 in the Office of
the Sub-Registrar Shivajinagar Bangalore, and that upon re-paying
the secured Loan got the Reconveyance Deed executed on 13-11-
1992 vide registered as document bearing No.2912 of 1992-93 in
Book-1 Vol. No.3355 at pages 136 to 137 dated 18.11.1992 in the
Office of the Sub-Registrar Shivajinagar, Bangalore.

AND whereas the said R. Nagaraja approached the jurisdictional


Revenue Authority the Bangalore Mahanagara Palike subjected the
property to the Revenue Jurisdiction and got the Katha of the
Property registered in the records of the Authority vide No.
DA/74/PR276/2001-02 dated 29/01/02 for the property bearing
Municipal No.374 situated at H. A. L , 3 rd Stage BMP

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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10
Jeevanabhimanagar Ward No.74 Bangalore. And paid the property
tax up to date vide Receipt No.024682 in the name of R. Nagaraja
dated 3/1/2002. That further secured a Building plan vide L. P.
No.424/2002-03 for putting up construction for Ground and First
Floor.

Whereas thereafter the above said Sri. R. Nagaraja and his


family members have pledged the property to the Bangalore Central
Co-Operative Bank Ltd, for securing a Construction Loan to put up
the Building and upon the Bank sanctioning the Loan to execute a
pledge document in the nature of Deposit of Title Deed for a secured
loan of Rs. 5,80,000/- (Rupees Five Lakhs Eighty Thousand only) vide
document No. 5226/2002-03 stored in C. D. No.24 dated 26.03.2002
in the office of the Sub-Registrar Shivajinagar Bangalore. That upon
completion of the construction of the Building got assessed the
Building and secured the Katha for the property been allotted
Municipal No. 374 and PID No. 74-8-374 registered in the Records of
the Bruhat Bangalore Mahanagara Palike {B.B.M.P}, in the Name of
the said Shri. R. Nagaraja and upon assessing the property secured
the Katha Certificate and Assessment extract and paid the property
tax upto date vide Application No.1500276901 and secured the
Property Tax Receipt bearing No.17181937241 dated 24/11/2017.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
11

Whereas the above said R. Nagaraja along with his family


members has cleared the Loan secured on the Schedule Property
and secured a Receipt Shara Registered vide Document No. INR-1-
10214-2017-18 stored in C. D. No. INRD209 dated 16/02/2018 in the
office of the Sub-Registrar Shivajinagar, Bengaluru. That to get the
said transaction registered before the Jurisdictional Sub-Registrar
could not travel from his residence and for effectively discharging
the Loan and other Documents has executed a Notary registered
General power of Attorney in his residence vide document
No.96/2018, Book-1 at pages 18-19 dated 14/12/2018 Before S.
Ramesh, Notary and Advocate No. 341, 7th Main, HAL 2nd Stage,
Bangalore.

Whereas thereafter the above said Sri. R. Nagaraja S/o. G.


Ramaiah and others has sold the Schedule Property to Smt.
Sumitha Nirmal Kumar W/o. Late. D. Nirmal Kumar the
Vendor herein, under a deed of absolute sale dated 06-08-2018
which registered as document bearing No.INR-1-04298/2018-19,
Book I, Stored in CD No. INRD223 dated 09-08-2018 in the office of
the Senior Sub-Registrar, Indiranagar, Bangalore.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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12
WHEREAS the Schedule Property is free from encumbrances of
whatsoever nature and stands in the name of the VENDOR herein in
the records of the Sub-Registrar, Indiranagar Bangalore.

WHEREAS the VENDOR in order to discharge some of her family


commitments, and for other legal necessities, has offered to sell the
Schedule Property in favour of the PURCHASER herein and the
PURCHASER for their bonafide use and occupation has come forward
and agreed to purchase the Schedule Property free from all
encumbrances for a sum of Rs 2,24,00,000/- (Rupees Two Crore
Twenty-Four Lakhs only) and hence this ABSOLUTE SALE DEED.

NOW THIS ABSOLUTE SALE DEED WITNESSETH AS


FOLLOWS:

That in pursuance of the above common intention and in


consideration of the PURCHASER paying Rs 2,24,00,000/-
(Rupees Two Crore Twenty-Four Lakhs only) in the following
manner:-

1. Paid by way of NEFT bearing No. Rs. 6,00,000/-


N096242970943085, dated 05-04-2024, (Rupees Six Lakhs

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
13
drawn on HDFC Bank, Bengaluru, in only)
Favour of Vendor.
2. Paid by way of RTGS bearing No. Rs. 34,00,000/-
HDFCR52024040495616518, dated 04- (Rupees Thirty-
04-2024, drawn on HDFC Bank, Four Lakhs only)
Bengaluru, in Favour of Vendor.
3. Paid being the part sale consideration Rs. 1,81,76,000/-
paid by way of Banker’s Cheque (Rupees One
No.________, dated _____-2024, drawn on Crore Eighty-One
HDFC BANK LTD., who is advancing this Lakh Seventy-Six
amount by way of loan against the Thousand only)
schedule property to the Purchasers and
paid to the VENDOR on behalf of
Purchasers being the part sale
consideration.
5. Balance sum is remitted towards the Tax Rs. 1,12,000/-
Deducted at Source (TDS) for the entire (Rupees One Lakh
sale consideration amount stipulated in Twelve Thousand
this sale deed due and payable under the only)
provisions of Income Tax Act 1961 and
the rules made there under. The said Tax
Deducted at Source (TDS) is remitted by

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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14
Purchaser 1, to the account of Vendor
PAN No. – AAJPN3420G, vide Challan
No. ………………….., BSR code
………………….., dated 00-07-2024.
5. Balance sum is remitted towards the Tax Rs. 1,12,000/-
Deducted at Source (TDS) for the entire (Rupees One Lakh
sale consideration amount stipulated in Twelve Thousand
this sale deed due and payable under the only)
provisions of Income Tax Act 1961 and
the rules made there under. The said Tax
Deducted at Source (TDS) is remitted by
Purchaser 2, to the account of Vendor
PAN No. – AAJPN3420G, vide Challan
No. ………………….., BSR code
………………….., dated 00-07-2024.
Total Rs 2,24,00,000/-

the receipt whereof the VENDOR does hereby admits and


acknowledge the receipt of the entire sale consideration amount
mentioned above and acquits the PURCHASERS from making any
further payments to VENDOR. The VENDOR thus hereby transfers,
alienates, conveys and sells UNTO THE PURCHASERS all that piece

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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15
and parcel of the Schedule Property TO HAVE AND TO HOLD the
same as absolute owners thereof with all benefits, privileges,
easements, hereditaments and free from all encumbrances.

1. The VENDOR has today delivered the vacant possession of the


Schedule Property to the PURCHASERS pursuant to this Sale
Deed and the PURCHASERS acknowledge of having taken the
vacant possession as aforesaid.

2. The PURCHASERS shall henceforth be entitled to quietly,


peacefully, hold, possess, enjoy, exploit or otherwise deal with
the Schedule Property in any manner the PURCHASERS may
deem fit and proper without any let, hindrance or interference
either from the VENDOR herein or anyone claiming under him.

3. The VENDOR represents and assures the PURCHASERS that she


has got a clear, valid, subsisting, marketable and enforceable
title in relation to the Schedule Property and that there is no
legal impediment of whatsoever nature for transferring the
Schedule Property by way of this Sale Deed, in favour of the
PURCHASERS herein.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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16
4. The VENDOR represents and assures the PURCHASERS that the
Schedule Property is free from all encumbrances such as Court
Attachments, minor’s claim, maintenance claim, charge, lien,
lis pendens etc.

5. The VENDOR assures the PURCHASERS that she has paid up to


date taxes in relation to the Schedule Property and under takes
to indemnify the PURCHASERS against any such
payment/expenses.

6. The VENDOR assures the PURCHASERS that the Schedule


Property is her personal and absolute property and that no
members of his family have any manner of claim, right, title, or
interest over the same.

7. The VENDOR has this day delivered Certified or Notarized


copies of all the documents relating to the schedule property
and the VENDOR undertakes to handover the Original
documents of title pertaining to the Schedule Property, and the
PURCHASERS acknowledge of having received the same as
aforesaid.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


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17
8. The PURCHASERS shall henceforth be entitled to get the
Khatha transferred in their name in relation to the Schedule
Property pursuant to this Sale Deed.

9. The expenses of Stamp Duty and Registration of this Sale Deed


is borne by the PURCHASERS herein.

SCHEDULE PROPERTY

All that piece and parcel of the Property being Residential


building Site bearing Municipal No.374, BBMP PID No.74-8-
374, Situated at 6th Main Road, H.A.L. 3rd Stage Extension,
Indiranagar, BBMP New Thippasandra ward No.58, Bengaluru – 560
075 consisting of 2 BHK in the Ground Floor measuring a built
up Area of 845 sq.ft., and consisting of 2 BHK in the First Floor
measuring a built up area of 845 sq.ft., are constructed with Brick,
Cement, Mosaic, Flooring, RCC Roofing with Sal wood doors and M.S.
Steel Windows and provided with civic amenities i.e., electricity,
water and sewerage connection, built on the site measuring East
to West 9.14 mtrs., and North to South 12.19 mtrs., in all
measuring 111.41 sq.mtrs., or 1200 sq.ft., and bounded on:
East by: Site No.375,
West by: Site No.373,
North by: Site No.365 and
South by: Road.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
18
The Fair Market Value of the Schedule Property is Rs
2,24,00,000/- (Rupees Two Crore Twenty-Four Lakhs only).

IN WITNESS WHEREOF, the VENDOR and the PURCHASERS


have signed and executed this ABSOLUTE SALE DEED on the day,
month and year first above written, in presence of the following
witnesses.

WITNESSES:

1.

OWNER / VENDOR

1.
2.

2.

PURCHASERS

DRAFTED BY

SHOBHA SHREE K L, BA-LLB

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA
19
Advocate, KAR/3385/2022,
Apex Legal, 4th Floor, Dex Co Working Space,
Above Axis Bank, Outer Ring Rd,
Nagavara, Bengaluru, Karnataka 560043.
Phone No. – 9148401288.

SUMITHA NIRMAL KUMAR JEYENDRA SARASWATHI SARAVANA BHAVA SAISHIV


ADITHYA

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