Deed of Sale: ST ST
Deed of Sale: ST ST
Deed of Sale: ST ST
This DEED OF SALE is made and executed on this the day of twenty three march of Two Thousand
and Sixteen (23/03 /2016), at MYSORE.
BY SRI. KAVERAPPA. K. C,
Aged about 37 years
S/o. Late Sri. Chengappa:
Residing at:
No. 31, 1st A Main,
Vijayanagar, 1st Stage,
MYSORE.
(Represented by his GPA holder, Sri Himanshu Gupta.
(Hereinafter called the Vendor which expression shall include his legal heirs, legal representatives,
executors, administrators, assigns, nominees etc.)
AND M/s. ISHYA PROPERTIES,
A Partnership Firm, Registered under the Registrar of Firms, having its office at
No. 4, 10th A Main, 1st Cross,
Parallel to 100 Feet Road, Indiranagar, II Stage,
BANGALORE 560 038
Represented by its Authorized Signatory,
Mr. Himanshu Gupta.
(Hereinafter called the Developer/Confirming party which expression shall include its legal
representatives, executors, administrators, successors-in-office, assigns, nominees etc.)
IN FAVOUR OF MR.
Aged about years
S /o Sri. N.K. Singh
Residing at C 62 Tulsi Vihar Bangalore
(Hereinafter called the Purchaser/s which expression shall include his/her/their legal heirs, legal
representatives, executors, assigns, nominees etc.)
WHEREAS, the Vendor herein is the absolute owner in possession and enjoyment of land measuring
One (1) Acre Two (2) Guntas in Survey Number Fifty Four Part (Sy No:
54/3),One (1) Acre Two (2) Guntas in Survey Number Fifty Four Part (Sy No: 54/4),
Four (4) Acres Eight (8) Guntas in Survey Number Fifty Four Part (Sy No: 54/1) and
Thirty One and Half (31 ) Guntas in Survey Number Fifty Five Part (Sy No: 55/3) totally measuring
Twelve (7) Acres Eight (3 ) Guntas, All four situated at Dadadahalli
Village, Jayapura Hobli, Mysore Taluk which is more fully described in the Schedule
A hereunder and hereinafter referred to as SCHEDULE A PROPERTY having purchased the same
under Three Sale Deeds, dated 26/11/2007,29/11/2007 and dated
26/11/2007 respectively, from its Previous Owners Shri. Shivanna and others and
Smt.Malamma and others, registered as Document No: MYN-1-17651-2007-08, CD No:
MYND166, and Document No: MYN-1-13957-2007-08, CD No: MYND159, MYN-1-
Schedule A property and has entered into the following agreements of sale and
Power of Attorney with the Developer for development of Schedule A property.
1) Sale Agreement dated 28/05/2008 executed by K.C. Kaverappa in favour of M/s
ISHYA PROPERTIES in respect of Survey No. 54/3 AND 54/4 situated at
Dadadahalli Village, Jayapura Hobli, Mysore Taluk, which is registered as
Document No. MYN-1-02171-2008-09, stored in CD No. MYND171.
2) Sale Agreement dated 28/05/2008 executed by K.C. Kaverappa in favour of M/s
ISHYA PROPERTIES in respect of Survey No. 54/1 situated at Dadadahalli
Village, Jayapura Hobli, Mysore Taluk, which is registered as Document No.
MYN-1-02175-2008-09, stored in CD No: MYND171.
3) Sale Agreement dated 28/05/2008 executed by K.C. Kaverappa in favour of M/s
ISHYA PROPERTIES in respect of Survey No. 54/1 situated at Dadadahalli
Village, Jayapura Hobli, Mysore Taluk, which is registered as Document No.
MYN-1-02178-2008-09, stored in CD No: MYND171.
4) General Power of Attorney dated 29-05-2008 executed by K.C. Kaverappa in
favour of M/s ISHYA PROPERTIES in respect of Survey Nos. 54/1,54/3,54/4
and 55/3 situated at Dadadahalli Village, Jayapura Hobli, Mysore Taluk, registered as Document No.
142 of 2008-09.
WHEREAS, in furtherance of the agreement of sale referred to above, the VENDOR has applied for
layout approval with the MUDA, Mysore, and the MUDA has accorded sanction for formation of a
residential layout on Schedule A property consisting of various plots with different dimensions and
different total areas, vide its order MCDA:NAYO:VAVIKA:01:11-12 dated: 07.04.2011.
WHEREAS, pursuant to the said approval by MUDA for formation of a residential layout, the
Developer/Confirming Party is developing the Schedule A property in the name and style of
HIGHLANDS [hereinafter called as the said layout]
WHEREAS, the Vendor having received sale consideration amount from the
Developer, has authorized the Developer to negotiate, fix the price of the plot and executed Sale Deed
for and on behalf of the Vendor with the prospective purchaser/s as a General Power of Attorney
Holder.
WHEREAS, the Purchaser/s herein who is/are interested in purchasing a site in the said layout
has/have applied to the Developer/Confirming party for allotment of site measuring East To West Mtrs
and North to South Mtrs Total Sq.
Mtrs ( Sq .ft.), and the Developer/Confirming party has agreed to sell site bearing
No. , in the said layout to the purchaser herein for a sum of Rs. 5000/- (Rupees Five thousand only)
on the following terms and conditions, which is more fully described in the
Schedule B hereunder and hereinafter referred to as the SCHEDULE B PROPERTY.
WHEREAS, the Purchaser/s has/have paid the entire sale consideration to the
Developer/Confirming party and the Developer/Confirming party in turn has accounted this sum
against the VENDORs account.
WHEREAS, the Developer/Confirming party keeping in mind the best interests of the
PURCHASER(S), and to ensure harmonious, hassle free living, with other prospective plot owners, in
its wisdom has enumerated in the Annexure A & Annexure B herein the rights and obligations,
which shall be scrupulously adhered to by the purchaser.
NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:
1. That in consideration of payment of the entire sale consideration of Rs. /(Rupees only) paid by the
PURCHASER/S, the receipt of which is hereby acknowledged by the
Developer/Confirming party the VENDOR and the Developer/ Confirming party do hereby sell,
convey, transfer, grant assign UNTO AND TO THE USE of
the PURCHASER/S all that piece and parcel of Schedule B Property free from encumbrances, court
attachments, litigations, maintenance, charges, claims and demands, TO HAVE AND TO HOLD the
same by the PURCHASER/S as an absolute owner without any interruption or disturbances by the
VENDOR/Confirming party or any persons claiming through or under them or from any of the
predecessors in title of Schedule A property.
2. The VENDOR hereby undertakes, confirms and covenants with the purchaser as follows:
(a) That he is the absolute owner and possessor of the Schedule A property with clear marketable
title, entitling him to alienate Schedule B Property in favour of the PURCHASER/S.
(b) That the Schedule B Property hereby sold shall be peacefully and quietly entered upon, held and
possessed and enjoyed by the PURCHASER/S without any let or hindrance or claim or demand
whatsoever made or suffered by the VENDOR or anyone claiming under through or in trust for the
VENDOR.
(c) That the Vendor has paid or shall pay all the taxes, cesses, etc., upto the date of execution of this
deed to the concerned authorities, and the
PURCHASER/S shall be at liberty to get the Khata of the Property transferred to his/her/their name in
all the records of the concerned authority and the VENDOR hereby undertake to sign all such
application as may be required for the purpose.
(d) That easement right shall be enjoyed not only by PURCHASER/S but also by the other plot Owners
including the VENDOR/ Confirming party.
(e) That the PURCHASER/S shall own, enjoy and deal with the Schedule B
Property as absolute owner subject to the rights and obligations mentioned under the Annexure A &
B .
(f) The VENDOR undertakes to indemnify the PURCHASER/S at all times against all losses, expenses
and damages which the Purchaser may sustain or incur due to third party claims and demands in respect
of Schedule B
Property.
3. The VENDOR and the Confirming party hereby reserve and retain unto themselves absolute and
unrestricted right to use/develop/dispose of the remaining extent of land in the Schedule A Property
as they deem fit and the
PURCHASER/S shall not have the right to question such use and enjoyment and disposal by the
VENDOR or the Confirming party to any other person/s.
4. The VENDOR has this day delivered vacant possession of the Schedule B property as per
dimension and as accepted by the PURCHASER.
5. The VENDOR has already delivered to the PURCHASER/S Photostat copies of all the documents
of title pertaining to Schedule A property and on the formation of the Plot Owners Association by
the Developers, all the Original
Title Deeds pertaining to the Schedule A Property will be handed over to the said Plot Owners
Association and Photostat copies of the same in respect of individual plots shall be given to the
respective Plot Owners and the available
Original documents whenever reasonably required by the Purchaser shall be made available for his/her
verification at the place fixed by the Developer and the PURCHASER has purchased Schedule B
property only upon being satisfied with the VENDORS title to the Schedule A Property.
6. The VENDOR further covenants with the PURCHASER/S and assure that the
PURCHASER/S shall have the Khata of the Schedule B Property transferred to his/her/their name in
the concerned revenue department as absolute owner thereof and the VENDOR undertakes to execute
the necessary documents for the transfer of Katha in the name of the PURCHASER/S as absolute
owner thereof.
SCHEDULE A PROPERTY
(Total property in the First Phase of the residential layout known as HIGHLANDS)
Item No. 1 (a)
All that piece and parcel of Residentially converted Land bearing survey No. 54/3, measuring 1 Acres
02 Guntas, situated at Dadadahalli Village, Jayapura Hobli, Mysore
Taluk, and bounded as follows:
East by : Remaining Part of Land bearing Survey No 54
West by : Railway Line
North by : Remaining Part of Land bearing Survey No 54
South by : Mehna Farm land bearing Survey No 53
Item No. 1 (b)
All that piece and parcel of Residentially converted Land bearing survey No. 54/4, measuring 1 Acres
02 Guntas, situated at Dadadahalli Village, Jayapura Hobli, Mysore
Taluk, and bounded as follows:
East by : Land bearing Survey No 55/1
West by : Remaining Part of Land bearing Survey No 54
North by : Remaining Part of Land bearing Survey No 54
South by : Mehna Farm land bearing Survey No 53
Item No. 2
All that piece and parcel of Residentially converted Land bearing survey No. 54/1,
measuring 4 Acres 08 Guntas, situated at Dadadahalli Village, Jayapura Hobli, Mysore
Taluk, and bounded as follows:
East by : Land bearing Survey No 55/1
West by : Railway Line
North by : Land bearing Survey No 56
South by : Remaining Part of Land bearing Survey No 54
Item No. 3
All that piece and parcel of Residentially converted Land bearing survey No. 55/3,
measuring 31 Guntas, situated at Dadadahalli Village, Jayapura Hobli, Mysore
Taluk, and bounded as follows:
East by : Road
West by : Land bearing Survey No 54
North by : Land bearing Survey No 55/2
South by : Remaining Part of Land bearing Survey 55/1
SCHEDULE B PROPERTY
(Plot/ Site Conveyed to the Purchaser under this Deed in the Second Phase of the residential layout
known as HIGHLANDS)
All that piece and parcel of Site bearing No. , situated on the Schedule A property measuring East
to West Mtrs ( Feet) and North to South Mtrs (
any time be provided in the common areas of Schedule A Property and has the
right to lay cables or wires for Radio, Television, Telephone, Satellite Television,
and such other installations, in any part of the Schedule B Property.
3. Right to use along with other owners of plots all the common facilities provided
therein on payment of such sums as may be prescribed from time to time by the
VENDORS/Developers and/or the Owners Plot Owners Association.
ANNEXURE B
OBLIGATIONS ON THE PURCHASER/S
1. If the PURCHASER(S) choose(s) to sell/ transfer(s) the plot, a No Due Certificate
has to be obtained in advance before such sale or transfer from the developer or
the Plot Owners Association formed by the Developer.
2. All the norms laid by the Developer and communicated to the PURCHASER/S
shall be binding on the PURCHASER/S and under no circumstances the B
Schedule plot shall be used for non - residential purpose. The PURCHASER (S)
shall construct the residential building only as per the norms laid down by the
Developer as detailed in Clause 11 hereunder.
3. The purchaser shall construct the building according to the building bye -laws as
are applicable from time to time by observing all conditions and provide clear
setbacks required under MUDA/Local Authority bye laws. All Plot Owners
shall strictly follow the Bye laws prescribed by MUDA or other developmental
authorities with regard to the construction of residential building without
exceptions regarding set backs etc. If any violations of setbacks have been
committed by the plot owners, the Developer or the Plot Owners Association
shall have every right to stop the construction of the said house by the Purchaser
on the Schedule property, unless the defect is cured.
4. As long as the layout is maintained by the Developer the PURCHASER(S) shall
pay proportionate monthly maintenance charges as applicable. In other words,
the Purchaser is liable to pay maintenance charges to the Developer during the
period when the Layout is maintained by the Developer and thereafter to the
Plot Owners Association as long as the Purchaser is holding the Property. The
Developer or Plot Owners Association shall not use collected advance
maintenance expenses from the Purchaser until the completion of common civic
amenities works like roads, electric lines, water connectivity, drainage lines,
sewage lines and parks in Schedule A Property.
5. The Monthly maintenance expenses shall be shared by all the Residents or Plot
owners in proportion to the size of their respective sites.
6.
6. In the event the Plot Owner/s defaulting in the payment of the above
maintenance fees for more than 3 months, the Developer/Plot Owners
Association reserves the right to disconnect all civic amenities until receipt of
payment from the defaulting owner/s along with reconnection fee Plus interest
at 24% per annum for arrears of the amount.
7. The Developer shall maintain the layout for a minimum period of three years,
subject to clause 4 of the Annexure B supra, from the date of registration of sale
of first plot in the Schedule A Property. Notwithstanding formation of Plot
Owners Association by the plot owners, the Developer shall maintain the layout
for a minimum period of 3 years as mentioned supra. The Plot Owners
Association will take over maintenance and management of common areas and
facilities of the layout only thereafter. In this regard, the Developer shall render
all assistance in the formation of the Plot Owners Association. The
PURCHASER/S whether individually or collectively cannot refuse to join the
Plot Owners Association formed by the Developer to maintain and upkeep the
common areas/amenities/ facilities. This clause shall be read along with Clause
4 supra, always.
8. The Developer/Confirming Party shall form the Plot Owners Association and
the representative of the said Developer shall be the Permanent Member of the
said Plot Owners Association.
9. The Purchaser shall observe, perform and comply with all the rules, regulations,
and bye laws, which the Plot owners association may adopt or frame upon its
formation and the additions, alterations, or amendments made thereafter for
upkeep and maintenance of the entire layout.
10. The club and the area earmarked for the children park, swimming pool and
other proportional areas are exclusive property of the Developer/ Confirming
party herein or any other body constituted/nominated by the Developer. The
Plot Owners shall be entitled to the Membership and also right of enjoyment, as
long as they are the owners of the Schedule B Property and subject to the terms
and conditions as may be imposed by the Developer. The confirming party
herein can offer membership of the Club house to Non residents, and residents
of the future extensions also subject to the rules, regulations, terms and
conditions of the Club. However the ownership of the Club House shall always
remain with the Confirming Party herein. All the rules and regulations
governing the operations of the Club House shall be framed by the Developer at
its exclusive discretion. The Club House is not part of common facilities with in
Schedule A property.
11. The Plot Owner/s agree/s not to subdivide his/her/their plot in any manner at
any time. The Plot Owner/s agree/s to build a single dwelling unit (as opposed
to a multi dwelling unit such as twin house, two houses, row houses, flats, etc., )
for which he/she/they shall provide a single underground connection for water
supply, electricity and sewerage.
12. To preserve the aesthetic beauty of the layout, the purchaser/s shall adhere the
following guidelines while constructing house on the Schedule B Property.
a) Not to put up multistoried construction on the Schedule B Property.
b) To put up the house plan approved by the Planning Authorities and the
(g) Create any nuisance or disturbance or misbehave in the matter of enjoyment of common facilities
in the layout.
(h) Refuse to pay such sums as are demanded for use and enjoyment of common facilities in the layout.
(i) Put up any construction in the Private or Common Garden
Areas/Terrace/ Parking.
(j) The Purchaser shall not object for usage of garden areas, and the common areas by
owners/occupants of other plots adjoining their property.
21. The PURCHASER/S shall have no right at any time whatsoever to obstruct or hinder the progress
of the development of others Plot or any part of the common area in the Schedule A Property and
/or larger property.
22. The PURCHASER/S shall use the sewers, drains, and water lines now in or upon or hereafter to
be erected and installed in the common areas of the
Schedule A Property, in common with the other plot 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
other plot owners the cost of maintaining and repairing all common amenities and to use the same in
accordance with the Rules, Regulations, Bye Laws, and terms of the Plot Owners Association to be
formed by or among the Plot Owners in the Layout subsequently.
23. The PURCHASER/S shall permit the Developer and/or Owners Plot Owners
Association and /or their agents with or without workmen at all reasonable
times to enter into and upon the Schedule B Property or any part thereof for the purpose of repairing,
maintaining, re-building, cleaning and keeping in
order and conditions all services, drains, structures, or other conveniences belonging to or servicing or
used for the said layout and also for the purpose of laying, maintaining, repairing and testing drainage,
water pipes and electric wires etc. in the common areas of Schedule A Property and also for the
purpose of disconnecting the supply of water and electricity, etc., to the plot or other common areas of
the building or to the occupiers of such plot, as the case may be, who have defaulted in paying the
share of the water, electricity and other charges.
24. The PURCHASER/S shall not object for user of Common Road/Drive Way/
Passage in the Schedule A Property for making use of the same by the other
Owners/Occupants/ Users of the Property.
25. The PURCHASER/S can make use of the common areas and other facilities in accordance with
the purpose for which they are intended without hindering encroaching upon the lawful rights of other
plot owners in other Blocks of the said layout.
IN WITNESS WHEREOF the PARTIES hereto have signed and executed this Sale
Deed, on the day, month and year first above written in the presence of the following witnesses:
This document is presented for Registration by Mr. GIRISH.R/RAJESH.N.P Special
Power of Attorney Holders for Mr.Himanshu Gupta.
WITNESSES
(1)
VENDOR
(Represented by his GPA holder
Shri. Himanshu Gupta)
(2)
DEVELOPER
M/s ISHYA PROPERTIES,
(Through its Authorized Signatory
Shri Himanshu Gupta)
Drafted by
(Mr. N. K. Sharma )
PURCHASER