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Judgment
(i),"Rs.1,00,00,000/Â (Rupees One Crore only) (i.e. Rs.40,00,000/Âb y cash and Rs.60,00,000/Â by cheques) paid at the time of
execution of this agreement.",,
(ii),"Rs.1,00,00,000/Â (Rupees One Crore only) to be paid within 30 days from the date of issuance of public notice",,
(iii),"Rs.4,00,00,000/Â (Rupees Four Crore only) to be paid withine ight months from the date of payment of (ii) above i.e. at the
time of execution and registration of final deed of conveyance but prior to that the Vendors shall take every effort and assistance to enable.",,
have the vacant peaceful possession of the tenanted premises occupied by the Tenants, however, the cots and expenses of settlement of tenants shall",,,
be borne and paid by the Purchaser and further the Owners shall cause all the persons and their family members having right, title and interest in the",,,
said property to sign, execute and register the agreements, deeds, and documents inf avour of the Purchaser.",,,
WHEREAS relying upon the above representations of the Vendors the Purchaser have agreed to acquire the said property free from encumbrances,,,
and doubts at and for consideration of Rs.6,00,00,000/Â (Rupees Six Crore only).",,,
AND WHEREAS the offer of the Purchaser is accepted by the Vendors and the parties are desirous of reducing to writing the understanding,,,
reached by and between the parties by executing these presents.,,,
Now therefore this agreement witness and it is hereby agreed by and between the parties hereto as under:,,,
THE Vendors do hereby agree to sell, transfer and convey to the Purchaser and Purchaser do hereby agree and assure to acquire all that piece and",,,
parcel of land lying, being and situate at Village Kalyan, Taluka Kalyan, bearing Survey No.148 A Hissa No.2 (part) admeasuring 443.14 sq.metres",,,
bearing City Survey No.2275ÂB/2A and 2275ÂB/2B admeasuring 443. 43 sq.meters (however as per the partition the area fallen to the share of,,,
deceased Raghu Ranchod Rathod admeasures 529 sq.yards) and denoted on the property Registered Card as 530.30 sq.yards along with the structure,,,
standing thereon admeasuirng 1800 sq.ft built up in dilapidated condition bearing Property No.____________ within the limits of Kalyan Dombivli,,,
Municipal Corporation (hereinafter for the sake of brevity called and referred to as the 'said property') and shown bounded by RED colour boundary,,,
lines on the plan annexed hereto along with its development rights at and for the price/consideration of Rs.6,00,00,000/Â (Rupees Six Crore only)",,,
The Purchaser agrees and assures to pay the said consideration of RS.6,00,00,000/Â (Rupees Six Crore only) to the Vendors in the following",,,
manner:,,,
(i) Rs.1,00,00,000/Â (Rupees One Crore only) (i.e. Rs.40,40,000/Â by cash and Rs.60,00,000/Â by cheques) paid at the time of execution of this",,,
agreement (the receipt and payment whereof the Vendors doth hereby jointly and collectively admit, acknowledge, acquit and discharges the",,,
Developers from the payment thereof absolutely and forever),",,,
(ii) Rs.1,00,00,000/Â (Rupees One Crore only) to be paid within 30 days from the date of issuance of public notice and after scrutinizing the claims",,,
and objections if any received after publication of the public notice i.e. at the time of execution and registration of the agreement for sale and,,,
incidental documents thereto but prior to which the Vendors shall deduce a clear and marketable title and the owners causing the persons having,,,
interest in the said property to execute above deeds and documents.,,,
(iii) Rs.4,00,00,000/Â (Rupees Four Crore only) to be paid within eight months from the date of payment of (ii) above i.e. at the time of execution and",,,
registration of final deed of conveyance but prior to that the Vendors shall take every effort and assistance to enable the Purchasers to acquire the,,,
adjacent land from the legal heirs of Mavji Ranchod Rathod viz. Shri.Jayantilal Devram Rathod and his family members so as to facilitate the,,,
Purchasers to have more portion of frontage of land to the extent of approximately 60 feet wide having access from the main existing Agra Road and,,,
such acquisition shall be the essence of contract and the Vendors shall not demand any consideration from the Purchasers prior to compliance of the,,,
above referred requisitions.,,,
THE Vendors declare that:,,,
(a) they are well and sufficiently entitled to sell and dispose of the said property and that they have not created any encumbrances like Agreements,",,,
Exchange, Mortgage, Trust, Gift, Lien, Possession, Lease or even otherwise whatsoever on the said property and their title to the said property is",,,
clear, marketable and free from all doubts and encumbrances and that they shall cause all the other coÂowners, persons having right, title and interest",,,
in the said property to execute and register the agreement for sale, power of attorney, deed of conveyance and incidental documents thereto.",,,
(b) that there are only 2 tenants occupying the premises in the said entire property and certain part of the property is affected by the Road widening,,,
and is acquired by the Kalyan Dombivli Municipal Corporation and that they are in continuous and uninterrupted possession of the said property and,,,
they shall cooperate and render their support to the Purchaser to settle the claims and demand of such tenants and costs of such settlement shall be,,,
borne and paid by the Purchaser and such settlement shall be prior to execution of the conveyance.,,,
……….,,,
The Vendors have permitted the Purchaser to enter upon the said property for the purpose of survey and measurement and to get boundaries of the,,,
said property demarcated and further to do and perform all the acts, things, deeds and matters for the incidental development of the said property.",,,
The Vendors have permitted the Purchaser to issue public notices in any newspapers inviting claims from general public in respect of said sale and,,,
if any claim is raised by any person, then the Vendors will clear the same at their own costs and expenses to the entire satisfaction of the Purchasers",,,
or their Advocate/s.,,,
It is clearly agreed and understood between the parties that the aforesaid consideration is and shall be the total consideration payable by the,,,
Purchasers for acquiring the said property free from encumbrances and doubts and in no event the Purchasers shall be called upon to pay any,,,
additional consideration to the Vendors herein and/or the persons claiming right, title and interest through the deceased Raghu Ranchod Rathod in any",,,
manner whatsoever.,,,
It is agreed and understood by and between the parties that the purchaser shall have the right and authority to amalgamate the said property with,,,
the other adjacent properties as well as grant the right of way/access, permanent easement rights to any adjacent owners/purchaser or Holder of land",,,
as they may deem fit and proper and to receive the benefit thereof for their own use and benefit and also to obtain the layout of the said property as,,,
well as subÂdivide the property as the Purchaser may deem fit and proper.,,,
The Purchaser shall be entitled to use, avail and obtain the Transferable Development Rights from other sources on the said property as well as",,,
obtain the optimum F.S.I. in respect of the said property on account of tenants' F.S.I., staircase F.S.I. or enhancement in F.S.I. under the provisions of",,,
the relevant enactments and statutes and as per the rules and regulations of the Municipal Corporation from time to time and the Vendors will render,,,
their sincere cooperation therefor.,,,
…...,,,
It is agreed and understood by and between the parties that the expenses in connection with this agreement, stamp duty, registration fees,",,,
25 CONVEYANCE (not being a transfer
charged or exempted under Article 59)Â‐
On the true market value of the property,
which is the subject matter of Conveyance,-",,,
.. .. .. . .,.. .. . ..,,
(b) if relating to immovable property situated,",,,
(i) within the limits of any Municipal
Corporation or any Cantonment area
annexed to it or any urban area not mentioned in subÂ‐
clause (ii)",5 percent of the market value of the property,,
,"(ii) within the limits of any Municipal
Council or Nagar Panchayat or
Cantonment area annexed to it, or any
rural area within the limits of the Mumbai
Metropolitan Region Development
Authority, or the Influence Areas as per
the annual statement of rates published
under the Bombay Stamp (Determination
of True Market Value of Property) Rules,1995",5 per cent of the market value of the property,
,"(iii) within the limits of any
Grampanchayat area or any such area not
mentioned in subÂclause (ii)",4 per cent of the market value of the property,
,(c) if relating to both moveable and immoveable property,The same duty as is payable under clauses (a) and (b),
,(d) (* * *),,
,"(da) if relating to the order of High Court
in respect of the amalgamation or
reconstruction of companies under section
394 of the Companies Act,1956 or under
the order of the Reserve Bank of India
under section 44A of the Banking Regulation Act,1949","10 per cent of the aggregate of the
market value of the shares issued or allotted in exchange
or otherwise and the amount of consideration paid for
such amalgamation: Provided that, the amount of duty
chargeable under this clause shall not exceed,Â
(i) an amount equal to 5 per cent of the true market value
of the immovable property located within the State of
Maharashtra of the transferor company; or
(ii) an amount equal to 5 per cent of the aggregate of the
market value of the shares issued or allotted
in exchange or otherwise and the amount of
consideration paid, for such amalgamation,
whichever is higher: Provided further that, in case of
reconstruction or demerger of the
duty chargeable shall not exceed, (i) an amount equal to
5 per centum of the true market value of the immovable
property located within the State of Maharashtra
transferred by the Demerging Company to the Resulting
Company; or (ii) an amount equal to 0.7 per centum of
the aggregate of the market value of the shares issued or
allotted to the Resulting Company and the amount of
consideration paid for such
demerger, whichever is higher.",
,[(e) ..** ** **],,
,"Exemption Assignment of Copyright under the
Copyright Act,1957.
(Explanation I) â€" For the purposes of this
article, where in the case of agreement to sell an
immoveable property, the
possession of any immoveable property is
transferred (or agreed to be transferred)
to the purchaser before the execution, or at the time of
execution, or after the execution of, such agreement then
such agreement to sell shall be deemed to be a
conveyance and stamp duty thereon shall
be leviable accordingly:
Provided that, the provisions of section
32A shall apply mutatis mutandis to such agreement
which is deemed to be a
conveyance as aforesaid, as they apply to a
conveyance under that section : Provided further that,
where subsequently a conveyance is executed in
pursuance of such agreement of sale, the stamp duty, if
any already paid and
recovered on the agreement of sale which is deemed to
be a conveyance, shall be
adjusted towards the total duty leviable on
the conveyance: Provided also that, where proper stamp
duty is paid on a registered agreement to
sell an immovable property, treating it as a deemed
conveyance and subsequently a
conveyance deed is executed without any
modification then such a conveyance shall be treated as
other instrument under Section 4 and the duty of one
hundred rupees shall be charged.",,
AGREEMENT OR ITS RECORDS OR
MEMORANDUM OF AN AGREEMENT-",,,
5.AGREEMENT OR ITS RECORDS OR MEMORANDUM OF AN AGREEMENT,,,
… .. … ..,.. .. .. .. .. .,,
(h) (A) If relating to,-
… .. …",,,
(B) If not otherwise provided for,-",One hundred rupees,,
Explanation No duty shall be chargable on agreements or its record covered under subÂclauses (b) and (c) of this article, if
proper duty is paid under article 51A.",,,