Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Deed of Assignment

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 11

DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT made and executed on ------- day of


----------- 2005 at Pune;
BETWEEN

Mrs. Prema Vijaykumar Patil


Age about - 51 years, Occu. – Household,
R/at- ‘Adhyashree” Apartment, Near Ankatee Chowkee ,
Gaonbhag Sangli.
Through her duly constituted Attorney
Mrs. Hansabai Nemichand Ganeshwade
Age - 65 years, Occu.- Household,
R/at – 38, Mayuar Colony, Kothrud, Pune – 411 038.
Hereinafter referred to as the `Assignor’ of the One Part;

AND
Mr. Sheetalkumar Surgonda Patil
Age - 27 years, Occu.- Service,
R/at – 3, Susaroj, Sharada Housing Society,
Kupwad Road, Sangli.
Hereinafter referred to as the `Assignee’ of the Other Part.

WHEREAS

a. The assignor as member of M/s Neena Co Operative Housing


Society Ltd. is well and well & sufficiently entitled to the
piece of land bearing Plinth No. 1B admeasuring 463.087 Sq.
Mtrs. Out of S. No. 148 Hissa No. 4A+4B of village Kothrud,
within the limits of Pune Municipal Corporation.

b. By divergent Articles of Development Agreement adequately


stamped and made & executed on 31/12/2002, the Assignor and
three other members of the said M/s Neena Co Operative
Housing Society Ltd. granted sole & exclusive right for the
development of their respective properties unto M/s Butte Patil
Builders Pvt. Ltd. which shall be hereinafter referred to as `the
Promoter’.

c. By the aforesaid Articles of Agreement executed on


31/12/2002, the said Promoter has agreed to provide on
ownership basis the flat No. 11 which is a Residential Flat
admeasuring about 780 Sq ft. to the Assignor and the said
Agreement was lodged for registration at the Office of Sub
Registrar Haveli IV and have been duly registered by the Sub
Registrar vide No. 146 dated 4/1/2003 .

d. The Promoter has constructed commercial and residential units


on the land having Plinth Nos. 2/A+2/B out S. No. 148/4A+4B
C.T.S. No. 947 situated at village Kothrud within the limits of
Pune Municipal Corporation after having received the
sanctioned plans and permissions for the said construction from
the PMC.

e. The Promoter has completed the construction of the said


Residential Flat and the Assignor has received the possession of
the same. That the said development agreement is still valid and
subsisting and the Assignor has agreed to put the Assignee in
possession of the said flat on the execution of these presents.

f. The said flat is hereinafter referred to as the said Residential


Flat and the same is more particularly described in the Schedule
written herein below.

g. That a suit was filed against the Assignor by Smt. Shakuntala


Vidyadhar Patil in the Court of Civil Judge, S.D. Sangli, being
Special Civil Suit No. 111/1995 for partition, which was
decreed in terms of compromise arrived at between the parties.
As per the compromise arrived between the parties it was
decided that the said flat is to be sold and the proceeds of the
same to be apportioned amongst the parties.

h. For the purpose aforesaid all the litigating parties have executed
a Deed of Power of Attorney in favor of Mrs.Hansa Nemichand
Ganeshwade authorizing her to sell the said flat & to received
consideration from the intending purchaser amongst other
powers, which is registered in the office of Sub Registrar Sangli
at Sr. No. 823/2005 in Book No. 4 for the year 2005.

i. In view of the compromise arrived between the parties, the


Attorney desired to sell the said flat; and Assignee had shown
the desire to buy the said flat, the Assignor had offered to sell
the same for a consideration of Rs. …………/- (Rs.
……………………………………. Only) which amount was
found acceptable to the Assignee.
j. The Assignor has agreed to sell and assign all her right /title
and interest in the said Residential Flat No. 11 which is a part
of consideration of the said Agreement dated 31/12/2002 as
above referred, to the Assignee for a agreed consideration of
Rs. ……………….. . /- (Rs………………………………..
Only) out of which the Assignee has this day paid to Assignor
an amount of Rs……………………. (Rs…………………….
………………………….only) as and by way of earnest by
Cheque No………….. drawn on………………… …………….
and has agreed to pay the balance within …….. days from the
execution of these presents. It has expressly been brought to the
notice of Assignor by the Assignee that he shall be availing
loan from any bank or financial institution to complete this
transaction.

NOW THIS DEED WITNESSETH that in pursuance to the


agreement by and between the Assignor and the Assignee and in
consideration of the said payment of Rs -------------------------------
referred to above, the receipt whereof the Assignor do hereby
admits and acknowledges); she the Assignor doth hereby agrees to
assign and transfer the right, title and interest of the Assignor and
the benefit factor of the said Agreement dated 31/12/2002 so far as
it relates to providing a flat on ownership basis in respect of the
said Residential Flat No. 11 absolutely and finally, but subject to
the duties and obligations and liabilities of the Assignor under and
by virtue of the said agreement and hereafter it be complied by the
Assignee together with the membership of the Association/ Society
of the Unit Purchasers to be formed by the promoter of the said
construction, including the payment of the monthly maintenance
charges and other contributions under the said agreement.
The Assignor hereby covenants with the Assignee that the said
Residential Flat is free from all/any encumbrances and charges and
that the Assignor has paid the municipal taxes and electricity
charges up to date.

The Assignor shall deliver actual, vacant and peaceful


possession of the said flat to Assignee immediately on receipt of
entire amount of consideration from Assignee. The Assignor
further assures the Assignee that on payment of entire amount of
consideration to Assignor by Assignee, the Assignee is entitled to
occupy & use the said Residential Flat for the purpose as may be
lawfully permitted and may derive profits from the same. The
Assignor has upon the execution of these presents, handed over the
true copies of the original documents, which are in her possession
and evidencing her title and ownership of the said Residential Flat
to the Assignee. AND that Assignor shall have no claim
whatsoever in the said flat agreed to be sold, on payment of entire
amount of consideration to her. AND the Assignor shall at the
instance of Assignee execute any further document more perfectly
conveying the title in favour of Assignee.

Provided that and it is hereby agreed and declared and the


Assignee covenants with the Assignor that from the date of
delivery of possession, the Assignee, shall alone be liable to pay
and discharge all liabilities and outgoing in respect of the said
Residential Flat including the municipal taxes and assessment and
the monthly contribution towards the maintenance charges and till
the date of the delivery of possession of the said flat, Assignor
shall go on paying the municipal taxes & cesses.
The Assignee further covenants with the Assignor that he shall
become the member of the Association of the Unit Purchasers of
the said construction and for this purpose sign all forms,
declarations and other documents as may be forwarded by the
Promoter from time to time.

The Assignor hereby declares that the said development


agreement is valid and subsisting and she has not assigned the
benefit of the said agreement to anybody else by way of security or
otherwise. The Assignor hereby covenants with the Assignee that
the said flat is free from all/any encumbrances and charges. The
Assignor further agrees to sign and execute any document if
required as and by way of confirming the transfer of the said flat in
favor of the Assignee.

The Assignee hereby assures the Assignor that he shall become


the member of the co operative Hsg. Society or any other
association of Apartment that may be formed by the Promoter and
shall pay to the Promoter his share of expenses for the formation of
such society or association, share money & entrance charges as
may be demanded by the Promoter. The Assignee shall without
any demur sign all the papers for the formation of such society or
association as may be forwarded to him by the Promoter.

The Assignee further admits & acknowledges that it has been


brought to his notice by the Assignor that the Promoter either itself
or under any other name intends to start business or intends to
permit the use of land / building / tenements or ground in `A’ wing
of the building to be constructed by the Promoter on the said
property for the purpose of petrol pump, hotel, eatery, recreation
hall, dining hall. Or any other commercial activity and that the
Assignee has no objection for such business or user and this
writing itself shall be deemed to be the express consent of the
Assignee to such user or business.

Location for Stamp Duty:


Stamp Duty: The Value of the said Residential Flat for the
Stamp duty purpose is Rs. ……………- as per the Government
Ready Reckoner, whereas the agreed consideration being
………………….. which is less than the Government Ready
Reckoner, the Stamp Duty of Rs. ……………… is paid herewith
by way of franking.

THE SCHEDULE OF LAND ABOVE REFERRED

All that piece and parcel of the land admeasuring 1852.358


Sq. Mts. Which is below the `B’ wing of the building and appurtenant
thereto bearing Plinth Nos. 1/A+1/B+2/A+2/B (Part) out of S. No.
148 Hissa No. 4a+4B located at village Kothrud and within the limits
of Pune Municipal Corporation, within the jurisdiction of Sub
Registrar Haveli IV and bounded as follows;
On or towards East: Plinth No. 3
On or towards South: Paud Road,
On or towards West: D.P. Road, & Open Space.
On or towards North: Proposed PMC Road.

THE SCHEDULE OF FLAT ABOVE REFERRED


All that piece and parcel of the Residential Flat No. 11
admeasuring about 780 Sq. ft i.e.69.90 Sq. Mts. (Built up) or 55.74
Sq. Mts. (Carpet) situated on the stilt third floor of the `B’ wing of
the building known as `Virendra Complex ’ together with an
attached terrace admeasuring 4.65 Sq. Mtrs. And one covered car
park, constructed on the land more particularly described above
together with the proportionate share in the common areas, facilities
and amenities.

IN WITNESS WHEREOF the parties hereto have put their


respective hands the day and date herein above written.
Signed and Delivered by the within
named Assignor in presence of….)
1.
Name: ……………………………. ASSIGNOR

Address: ………………………….
……………………………………

Signed and Delivered


by the within named
Assignee in presence of….) ASSIGNEE
2.
Name: …………………………….
Address: ………………………….
……………………………………

You might also like