GIFT DEED updated
GIFT DEED updated
THIS DEED OF GIFT IS MADE AND EXECUTED ON THIS ------ DAY OF JULY 2020
AT PUNE -----
BETWEEN
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ATTORNEYS, ETC. AND ANY PERSON/S CLAIMING FROM AND UNDER HIM
FROM TIME TO TIME)
------- THE PARTY OF THE SECOND PART
WHEREAS
(A) All that piece & parcel of Residential Land, area admeasuring 01 Hector 80 Are, i.e.
18000 Sq.Mtr. from Northern Side out of 03 Hector 64 Are of Survey No. 86,
Hissa No. 2B/1, assessed at Rupees 21 and 75 Paise within the limits of Revenue
Village Manjri Budruk and within the limits of Zilha Parishad Pune, Taluka
Panchayat Samitee Haveli within the Registration District Pune, Sub Registration
Haveli, Taluka Haveli and Residential Land, area admeasuring 00 Hector 60 Are,
i.e. 6000 Sq.Mtr. from Northern Side out of 01 Hector 74 Are of Survey No. 85,
Hissa No. 2B, assessed at Rupees 09 and 81 Paise within the limits of Revenue
Village Manjri Budruk and within the limits of Zilha Parishad Pune, Taluka
Panchayat Samitee Haveli within the Registration District Pune, Sub Registration
Haveli, Taluka Haveli (which are more particularly described in the SCHEDULE – I
and SCHEDULE – II written hereunder and hereinafter collectively referred to and
called as “THE SAID LAND” for the sake of brevity) is owned by Mr. Dattatraya
Pandurang Kodre and Mrs. Ratnamala Dattatraya Kodre (Hereinafter referred to
and called as “THE SAID OWNERS”). Accordingly, the names of Mr. Dattatraya
Pandurang Kodre and Mrs. Ratnamala Dattatraya Kodre, i.e. the said owners are
recorded in revenue record of the said land.
(B) By an Agreement, dated 10.03.2006, the said owners have assigned and entrusted
the development rights, excluding the amenity space retained by the said
owners in respect of the said land unto and in favour of M/S. K & K
DEVELOPERS, a Partnership Firm having its registered Administrative office at
158, Nirmal Commercial Centre, M.G. Road, Pune – 411 001, through its Partners
Mr. Kamlesh Bahadursingh Jhala and Mr. Madan Laxman Mengale (Hereinafter
referred to and called as “THE SAID PROMOTER” for the sake of brevity and
convenience). The said Development Agreement is registered at Serial No.
2039/2006 in the office of Sub Registrar, Haveli No. 3, Pune on 10.03.2006.
(C) In pursuance of the aforesaid Development Agreement, dated 10.03.2006, the said
owners have also executed Power of Attorney, dated 10.03.2006 and thereby
appointed the partners of the said Promoter as their Constituted Attorney for
implementing of aforesaid transaction in all respect. The said Power of Attorney
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is registered at Serial No. 4/2040/2006 in the office of Sub Registrar, Haveli No.
3, Pune on 10.03.2006.
(D) In pursuance of the aforesaid transaction between the said Promoter and the said
Owners, the said Promoter has acquired absolute authority / rights to develop
the said land by constructing, Club House, Swimming Pool, Children Park, other
Amenities, Duplex Flats, Flats, Shops, Offices, Row Houses with Gardens and
Twin Bungalows with Garden, etc. thereon and has exclusive rights to sell, lease,
mortgage, etc. the Duplex Flats / Flats/ Shops / Offices / Row Houses / Twin
Bungalows and allot exclusive rights to Car Parking, Terraces, Reserved /
Restricted areas, Garden area, Garage / Out House, Space for advertisement on
terrace / s, Space for installation Tower/ s of Wireless Communication on the
Top Terrace on the Building / s, etc. in the building / s, which was then under
construction on the said land by the said Promoter and to enter into agreements
with the Purchaser/s, Mortgagees, Lessees, allotee, etc. and to receive sale price
(E) The Collector (Revenue Branch), Pune vide his Order No. PMH/NA/SR/268/2006,
dated 05.09.2009 has given permission for Layout with Non-Agricultural use of
the said Land.
(F) The said Promoter has applied to the Assistant Director Town Planning, Pune and
the said Office has sanctioned the Building Plan and Layout, vide Order No.
NABP/Manjiri BK/Taluka Haveli/86/2B/1(P)/Residential/SSP/2761, dated
17.08.2006.
(G) The said Owners and others have also obtained the an order u/s. 8(4) of the Urban
Land (Ceiling and Regulation) Act, 1976 (Hereinafter referred to and called as
“THE SAID ACT”) on 16.05.2006 under ULC Case No. 2582 KO and the sanction of
scheme u/s. 20 of the said Act under Sanction No. ULC/S-20/D3/P235/Manjri
Bk/06/543, dated 20.06.2006.
(H) As per the terms and conditions of the N.A. Order and the Building Plans, approved
and sanctioned by the Assistant Director Town Planning, Pune, the said Promoter
commenced, continued & completed the construction of Building on the said
Land under the name and style of “MANJRI GREENS IV”.
(I) By an Agreement, dated 14.09.2010, the said Promoter has agreed to sell the TWINS
BUNGALOW NO. 1B, situated at partly GROUND FLOOR and partly at FIRST
FLOOR, admeasuring area 1108 Sq.ft., i.e. 102.93 Sq.Mtr. (Carpet), alongwith
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exclusive right to use ADJACENT TERRACE, admeasuring area 173 Sq.ft., i.e.
16.07 Sq.Mtr., alongwith exclusive Right to use one Car Parking Space under Stilt,
admeasuring area 128 Sq.ft., i.e. 11.89 Sq.Mtr. and Garden, admeasuring area
651 Sq.ft., i.e. 60.47 Sq.Mtr. on the PLOT NO. 1 in the Housing Project known as
“MANJRI GREENS IV”, which was then under construction on the said land
(which is more particularly described in the SCHEDULE – II written hereunder
and hereinafter referred to and called as “THE SAID ACCOMMODATION” for the
sake of brevity) in favour of the Donor herein. The said Agreement, dated
14.09.2010 is duly registered at Serial No. 8295/2010 in the office of Sub
Registrar, Haveli No. 6, Pune on 20.09.2010.
(J) The Donor herein has paid entire consideration amount and other dues to the said
Promoter and after receipt of entire consideration amount, the said Promoter
has handed over the actual, peaceful, vacant and physical possession of the said
Accommodation to The Donor herein on 14.09.2010.
(K) The Donor herein had availed Loan Facility of Rs. ----------=00 (Rupees ----------------
only) from the Bank of Maharashtra, Shivajinagar Branch, Pune (Hereinafter
referred to and called as “THE SAID BANK”). The Donor herein has repaid the
entire loan amount together with Interest to the said Bank and accordingly, the
said Bank has issued No Dues Certificate, dated -----------------. At present, there is
nothing due and payable to the said Bank.
(L) As the construction of the building is completed, the said Promoter has submitted
the said land and the newly constructed building/s thereon to the provisions of
the Maharashtra Co-operative Societies Act, 1960 and the Rules made therein.
Accordingly, the Unit holders have formed MANJRI GREENS PHASE - 4 CO-
OPERATIVE HOUSING SOCIETY LIMITED and registered under the Maharashtra
Co-operative Societies Act, 1960 & the Maharashtra Co-operative Societies
Rules, 1961, bearing Registration No. PNA/PNA /(4) HSG (TC)/10889/2010-2011,
dated 19.05.2011 (Hereinafter referred to and called as “THE SAID SOCIETY”).
(M) Thereafter, the said Society has allotted a membership of the said Society to the
Donor herein (Hereinafter referred to as “THE SAID MEMBERSHIP”) and thus the
Donor herein became the member of the said Society. Accordingly, the said
Society has issued a SHARE CERTIFICATE, bearing No. 1002 consisting of TEN (10)
fully paid up shares of Rs. 50=00 (Rupees Fifty only) each having distinctive Nos.
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11 to 20 (both inclusive) on 25.01.2018 (Hereinafter referred to and called as
“THE SAID SHAREHOLDING”).
(N) Thus, the Donor herein has acquired rights, title and interests in the said
Accommodation and he is well seized and possessed of or otherwise well and
sufficiently entitled to the said Accomodation. The Donor herein has all the legal
rights to assign, convey and transfer, the Ownership Rights, Title & Interest in
respect of the said Accommodation together with the possession and said
Membership thereof.
(O) The Donor herein is father of the Donee and related with full blood relation. The
Donor herein desires to grant the said Accommodation, together with the said
Membership, which is more particularly described in the SCHEDULE-II written
hereunder to the Donee as a Gift in consideration of natural love and affection as
hereinafter mentioned. The Donee herein has agreed to accept the Gift of the
Accommodation.
(P) In pursuance of the Gift as contemplated herein, the Donor has delivered actual,
vacant, peaceful & physical possession of the said Accommodation unto and in
favour of the Donee herein on --------- before execution of these presents and
the Donee herein has taken actual, vacant, peaceful and physical possession of
the said Accommodation as a Gift from the Donor herein on ----------------- before
execution of these presents.
1. CONSIDERATION :
The Donor, without any monetary consideration and in consideration of natural
love and affection which the Donor bears to the Donee, doth hereby grants and
transfers by way of Gift all that piece and parcel of the TWINS BUNGALOW NO.
1B, situated at partly GROUND FLOOR and partly at FIRST FLOOR, admeasuring
area 1108 Sq.ft., i.e. 102.93 Sq.Mtr. (Carpet), alongwith exclusive right to use
ADJACENT TERRACE, admeasuring area 173 Sq.ft., i.e. 16.07 Sq.Mtr., alongwith
exclusive Right to use one Car Parking Space under Stilt, admeasuring area 128
Sq.ft., i.e. 11.89 Sq.Mtr. and Garden, admeasuring area 651 Sq.ft., i.e. 60.47
Sq.Mtr. on the PLOT NO. 1 in the Housing Project known as “MANJRI GREENS
IV”, which is constructed on the said land, which is more particularly described in
the SCHEDULE-II hereunder written together with the said membership and the
said shareholding, together with all the things permanently attached thereto and
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all the liberties, privileges, easements and advantages appurtenant thereto AND
ALL the estate, right, title, interest, inheritance, possession, benefits, claims and
demand whatsoever of the Donor TO HAVE AND TO HOLD the same UNTO AND
TO THE USE AND BENEFIT of the Donee, SUBJECT TO the payment of all future
rates, assessments, taxes and dues hereafter to become payable to the
Government, any other Public Body or Local Authority in respect thereof.
2. ACCEPTANCE :
The Donee does hereby accept the said Gift of the said Accommodation as
aforesaid made to him out of natural love and affection by the Donor.
3. OTHER COVENANTS :
(A) That the Donor is the absolute and exclusive owner having actual,
vacant, peaceful and physical possession of the said Accommodation with
clean, clear and good marketable title and he is having full power and
absolute authority to dispose off or otherwise transfer his rights, title and
interests in the said Accommodation in any manner whatsoever.
(B) That the Donor has not at any time done or executed or knowingly
suffered or been party or privy to any act, deed or thing whereby or by
reasons or means whereof the said Accommodation hereby assured or any
part thereof may be encumbered or affected in any manner whatsoever or
whereby the Donor is in anywise prevented from transferring, granting,
conveying and assuring the said Accommodation or any part thereof in the
manner aforesaid.
(C) That the Donor assures that he has not agreed or executed any
document, deed, mortgage with any bank or financial institution or unto
any person in respect of the said Accommodation or any part thereof and
that the title of the said Accommodation is clear, clean and marketable,
FREE FROM ALL KINDS OF ENCUMBRANCES.
(D) That the said Accommodation or any part thereof is not the subject
matter of family disputes or any other disputes in any Court of Law in India.
Thus, the Donor herein has good title, full power and absolute authority to
deal with the said Accommodation in any manner.
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(E) That the said Accommodation or any part thereof is not the subject
matter of any Reservation, Acquisition or Requisition and that no notice in
that behalf has so far been received by the Parties herein till today.
(F) The Donor shall at all times and from time to time sign and execute or
cause to be signed and executed such other and future papers, documents,
writings, applications, instruments, forms, letters, affidavits and receipt as
may be necessary expedient for absolute transferring the said
Accommodation in the name Donee herein.
(G) The Donor covenants with the Donee that the Donor shall make/
prefer required application/s and other compliances, to the said Society,
for the transfer of the said Accommodation and the said Membership and
Shareholdings from the name of the Donor to the name of the Donee
herein at the entire cost and initiative of the Donor. The Donor further
undertakes to make such compliances and extend required necessary co-
operation in that behalf, so as to enable the said Society to admit the
Donee herein, as the member of the said Society and to transfer the said
Accommodation in the name of the Donee herein. The Donor hereto shall
comply with all the Statutory Requisition, Rules and Regulations, as may be
required by the said Society for the transaction under this Deed.
(H) The Donor hereby agrees, confirms, assures and declares that the
Donor has instructed / directed and undertake to instruct / direct the said
Society and/or other Authorities concerned to transfer to the Donee, all
deposits etc. standing to the credit of the Donor in the books of the said
Society and/or other Authorities concerned. The Donee herein shall be
entitled to credit of the Onetime Maintenance Deposit amount, Corpus
Fund or any amount standing in the books of said Society in the name of
the Donor.
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(J) The Donor herein has agreed with the Donee herein to assist and co-
operate in transferring the electricity meter of MSEDCL attached to the said
Accommodation bearing Consumer No. 170250134617 (Meter No.
7805046168) and the Property Tax Receipt from the name of the Donor to
the name of the Donee at the cost of the Donee.
(K) The Donor hereby declares that whatever deposits amount those
were deposited by the Donor with the MSEDCL, said Society, any Local
Government or any other Authority concerned, Institution, Corporation,
etc. in respect of the said Accommodation are to be treated to have been
deposited by the Donee accordingly hereinafter
(L) The Donor herein also do hereby indemnity and agrees to keep the
Donee indemnified from all encumbrances, charges, levies, claims,
liabilities, action, suit, eviction, damages, arrears of the levies of stamp
duty, registration fees and other outgoing levied on the said
Accommodation and all statutory claims, penalties such as stamp duty, its
incidences, penalties, registration and such other in the event of the same
being arising or being claimed due to any act and omission on the part of
the Donor or any person claiming through the Donor hitherto before or
carrying the effect of having been done or omitted to be done hitherto
before, expected by any Statute, Rule or Law in respect of or relating to the
said Accommodation and any documents relating thereto or any such
matter touching the said Accommodation, from any quarters, persons or
authority, for all times to come, with cost and consequences.
(M) The said Donee is the Son of Donor and related with blood relation as
contemplated under the provisions of Hindu Succession Act 1956. The
Donor has given in gift and the Donee has accepted the gift of the said
Accommodation.
(N) That the Donor herein was previously called as Mr. Laxman Sadashiv
Kshirsagar. The Donor has changed his name as Mr. Prakash Sadashiv
Kshirsagar and accordingly, the change in name is published in the Gazzette
of Government of Maharashtra on 19.06.2009. Mr. Laxman Sadashiv
Kshirsagar since then is known as Mr. Prakash Sadashiv Kshirsagar. Mr.
Laxman Sadashiv Kshirsagar and Mr. Prakash Sadashiv Kshirsagar is one and
the same person and that is the Donor herein
4. POSSESSION :
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That the Donor herein has delivered actual, vacant, physical and peaceful
possession of the said Accommodation today on execution of these presents.
The Donor does hereby irrevocably convey, as a Gift, the said Accommodation,
which is more particularly described in the SCHEDULE-II hereunder written
together with all the things permanently attached thereto or standing thereon
and all the liberties, privileges, easements and advantages appurtenant thereto
AND ALL the estate, right, title, interest, inheritance, possession, benefits, claims
and demand whatsoever of the Donor unto the Donee TO HAVE AND TO HOLD
the same as a True and absolute Owner thereof in perpetuity and forever. IT IS
DECLARED THAT on execution of this Deed of Gift, the Donor has ceased to have
any beneficial right, title, interest, possession, etc. in the said Accommodation.
(B) The Donor hereby agrees, assures, undertakes and promises to sign and
submit applications, swear–in–affidavits, execute bonds, and to give
undertakings, give statements, etc. for effecting the Gift of the said
Accommodation in the name of the Donee.
6. EXPENSES :
That all the expenses towards Stamp Duty, Registration Fees, etc. for this Deed
have been borne and paid by the Donee.
7. LOCATION:
As per the Ready Reckner available with the Sub-Registrar, Haveli, Pune, the said
Accommodation is situated within Division ----, Sub-Division No. --------
8. VALUATION:
The Market Value of the said Accommodation is arrived at Rs. 81,72,500=00.
Therefore, as per Article 34 of the Bombay Stamp Act 1958 under the amended
provisions of the Bombay Stamp Act for the time being in force, the Donee has
paid appropriate Stamp Duty and Registration Fees on these presents.
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DESCRIPTION OF THE SAID LAND
SCHEDULE-I (A)
All that piece & parcel of Residential Land, area admeasuring 01 Hector 80 Are,
i.e. 18000 Sq.Mtr. from Northern Side out of 03 Hector 64 Are of Survey No. 86,
Hissa No. 2B/1, assessed at Rupees 21 and 75 Paise within the limits of Revenue
Village Manjri Budruk and within the limits of Zilha Parishad Pune, Taluka
Panchayat Samitee Haveli within the Registration District Pune, Sub Registration
Haveli, Taluka Haveli, and bounded as under.
SCHEDULE-I (B)
All that piece & parcel of Residential Land, area admeasuring 00 Hector 60 Are,
i.e. 6000 Sq.Mtr. from Northern Side out of 01 Hector 74 Are of Survey No. 85,
Hissa No. 2B, assessed at Rupees 09 and 81 Paise within the limits of Revenue
Village Manjri Budruk and within the limits of Zilha Parishad Pune, Taluka
Panchayat Samitee Haveli within the Registration District Pune, Sub Registration
Haveli, Taluka Haveli, and bounded as under.
SCHEDULE-II
DESCRIPTION OF THE SAID ACCOMMODATION
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All that piece and parcel of the TWINS BUNGALOW NO. 1B, situated at partly
GROUND FLOOR and partly at FIRST FLOOR, admeasuring area 1108 Sq.ft., i.e.
102.93 Sq.Mtr. (Carpet), alongwith exclusive right to use ADJACENT TERRACE,
admeasuring area 173 Sq.ft., i.e. 16.07 Sq.Mtr., alongwith exclusive Right to use
one Car Parking Space under Stilt, admeasuring area 128 Sq.ft., i.e. 11.89 Sq.Mtr.
and Garden, admeasuring area 651 Sq.ft., i.e. 60.47 Sq.Mtr. on the PLOT NO. 1 in
the Housing Project known as “MANJRI GREENS IV”, which is constructed on the
land admeasuring 01 Hector 80 Are, i.e. 18000 Sq.Mtr. from Northern Side out of
03 Hector 64 Are of Survey No. 86, Hissa No. 2B/1, assessed at Rupees 21 and 75
and 00 Hector 60 Are, i.e. 6000 Sq.Mtr. from Northern Side out of 01 Hector 74
Are of Survey No. 85, Hissa No. 2B, assessed at Rupees 09 and 81 Paise, situated
at Village MANJRI BUDRUK, within the Registration District Pune, Sub
Registration District Haveli, Taluka Haveli and within the of Zilha Parishad Pune,
Taluka Panchayat Samitee Haveli and bounded as under :
ON OR TOWARDS EAST : By
ON OR TOWARDS SOUTH : By
ON OR TOWARDS WEST : By
ON OR TOWARDS NORTH : By
Together with the furniture, fixtures, fittings, MSEDCL Electricity Meter and all
the restricted rights attached to the said Accommodation and right to common
facilities, ancillary, consequential and other incidental rights thereto and
alongwith the said Membership and shareholding.
IN WITNESS WHEREOF THE DONOR AND THE DONEE HEREIN (BY WAY OF
ACCEPTANCE OF THE SAID GIFT) HAVE PUT THEIR RESPECTIVE HANDS THE DAY
AND YEAR FIRST HEREINABOVE WRITTEN PRESENCE OF THE FOLLOWING
WITNESSES.
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MR. OMKAR PRAKASH KSHIRSAGAR
THE DONEE
THE PARTY OF THE SECOND PART
WITNESSES
1.
SIGN. :
NAME : -------------------------------------------------------------------
ADDRESS : -------------------------------------------------------------------
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2.
SIGN. :
NAME : -------------------------------------------------------------------
ADDRESS : -------------------------------------------------------------------
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