AGREEMENT - 23 - Mr. Venkat Rao
AGREEMENT - 23 - Mr. Venkat Rao
AGREEMENT - 23 - Mr. Venkat Rao
THIS SALE AGREEMENT is made on this the Thirteenth day of February, Two
Thousand and Twenty (13.02.2020) at Bangalore, BETWEEN:
1. Sri. R. VENKATESH,
Aged about 55 years,
S/o –Mr.LateRamaiah,
Residing at: No.35, 77/27, 5th Main,
Gayathri Nagar, Srirampura,
Bangalore – 560021.
2. Smt. R. SUDHA,
Aged about 39 years,
D/o – Mr.LateRamaiah, and
W/o - Sri. Lakshmipathi,
Residing at: No.10, BEML Layout,
Gattigere Village, Bangalore – 560098.
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Hereinafter referred to as the “CONFIRMING PARTY/AGREEMENT HOLDER” (which
expression shall unless repugnant to the context or meaning thereof is deemed to
include itself, its legal heirs, legal representatives, executors, successors,
administrators, nominees and assignees, etc.,) Second Party of the First Party.
AND:
WHEREAS, the Vendors are absolute owners of the immovable property bearing Site
No.23, formed in converted Survey Nos.59/1,62/1, 63/1 and 71/1, situated in Huskur
Village, BidarahalliHobli, Bangalore East Taluk, formerly Bangalore South Taluk,
Bangalore, duly converted for non-agricultural Residential purpose vide Conversion
Order No.ALN(EBK)CR07/2019-20, Dated 25/10/2019, issued by the Deputy
Commissioner, Bangalore District, which is more fully described hereunder and
hereinafter referred to as the schedule property.
AND WHEREAS, Sri.Narayanappa(Grand Father of vendors herein) in his life time had
acquired the land in Survey No.59 measuring to an extent of 12 Acre 04 guntas of
Huskur Village, BidarahalliHobli, Bangalore East Taluk by way of purchase from Sri.
P.S. Devadas S/o Dr. P.R. Subbarao through the registered Sale Deed which was
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registered in the Office of the Sub-Registrar, Bangalore District, vide document
No.70/1958-59, dated:08.10.1958 in Book-1, Volume-89, at Pages-203 to 209.
AND WHEREAS, the said Sri.Narayanappa died on 15-10-1968, intestate after his death
Smt.Venkatanarasamma (wife); and three sons viz., N.Ramaiah, N.Motappa,
N.Krishnappa and three daughters viz., Smt.Jayamma, Smt.Gowramma and
Smt.Sharadamma.
Whereas, the said Smt. Venkatanarasamma and her sons viz., N.Ramaiah, N.Motappa,
N.Krishnappa effected a Partition their joint family properties among themselves
including the above said lands under Partition Palupatti dated 15.05.1988. Accordingly
an extent measuring 6 Acres 13 Guntas in the land bearing Survey No.59 of Huskur
Village, an extent measuring 5 Acres 4 Gutnas on the western side of the land bearing
Survey No.62 of Huskur Village, an extent 1 Acre 5 Guntas on the western side of the
land bearing Survey No.63 of Huskur Village and an extent 5 Acres 24 Guntas western
side of the land bearing Survey No.71 of Huskur Village and other properties allotted to
N.Ramaiah as Schedule ‘A’ Properties under the said Palupatti.
Whereas, the said N.Ramaiah, died on 08-10-1992, leaving behind his successors to
succeed his estates as his legal heirs viz., Smt.Venkatamma (wife) two sons viz.,
R.Venkatesh and R.Narayanaswamy and a daughter viz., Smt.R.Sudha. Consequently
up on the death of the said N. Ramaiah the revenue records were got transferred in the
name of his wife Smt. Venkatamma as per the Partition Palupatti dated 15-05-1988
under vide Mutation Register No.4/94-95 and enjoyment of the same.
Whereas, the said Smt.Venkatamma got converted the aforesaid lands from agriculture
use to non agricultural residential purpose vide office memorandum bearing
No.ALN/SR/S/21/94-95 dated 15-04-1995 issued by the Assistant Commissioner,
Bangalore Sub-Division Bangalore.
Whereas, the phodi has been conducted and assigned hissa survey numbers to the
above survey numbers i.e., land bearing Survey No. 59/1 measuring 5 Acres 35 Gutnas
excluding 18 Guntas Karab land, 62/1 measuring 5 Acres 01 Gunta Excluding 03
Gutnas Karab land, 63/1 measuring 1 Acre 05 Gutnas and 71/1 measuring 5 Acres 21
Gutnas excluding 03 Gutnas Karab land.
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Whereas, the said Smt.Venkatamma, Sri.R.Venkatesh & Sri.R.Narayanaswamy being
the Vendors and the wife of Late Narayanappa viz., Smt. Venkatanarasamma, sons viz.,
N. Motappa, N. Krishnappa and daughter’s viz., Smt. Jayamma, Smt. Sharadamma and
Smt. Gowramma being the consenting witnesses of the Registered Sale Deed dated 18-
08-1995 sold the western portions of the said properties i.e., an extent measuring 3
Acres 31 Guntas out of 5 Acres 01 Gutnas in Sy. No. 62, an extent measuring 3 Acres
27 Guntas out of 5 Acres 24 Guntas and an extent measuring 3 Acres 22 Gutnas out of
5 Acres 35 Guntas in Sy. No. 59, in favour of M/s H.M. Constructions, a Partnership
Firm, having its office at No. 84, Kengal Hanumathaiah Road, Bangalore-560027,
represented by its Partners Mr. H.J. Siwani and Mr. M.J. Siwani registered in the office
of the Sub-Registrar K.R. Puram.
Whereas, the daughter of Late Narayanappa Smt. Jayamma filed a suit in O.S. No:
770/1995 against her mother Smt. Venkatanarasamma and others for partition on the
file of Principal Civil Judge (Sr. Dn) Bangalore Rural District, Bangalore and the said
suit came to be dismissed on 22-11-2008. Being aggrieved by the dismissal order dated
22-11-2008 the said Smt.Jayamma preferred Regular First Appeal No: 1352/2008 (PAR-
DB) and Smt. Sharadamma preferred Regular First Appeal No: 1364/2008 (PAR-DB)
before the Hon’ble High Court of Karnataka. Wherein the said RFA’s came to be
withdrawn as Dismiss on filing of the Joint Memo dated 19-02-2014. Wherein in the
said Joint Memo dated the Vendors and their mother Smt. Venaktamma had agreed to
execute the Gift deed in favour of Smt. Jayamma to an extent of 1 Acre in Survey No.59
of Huskur Village.
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dated 21/05/2019 to Sy.No.71/1 and Sy.No.62/1; AND MR No.H2/2019-20 Dated
30/08/2019 to Sy.No.59/1 and Sy.No.63/1;. Since then they are in peaceful possession
and enjoyment of the same.
AND WHEREAS, the said Smt.Jayamma died on 08-05-2017 intestate leaving behind
the her children i.e., H.Y.Narayanaswamy, H.Y.Nagaraj, Y.Parvathamma,
H.Y.Krishnamurthy, Y.Vanaja and H.Y.Venugopal, later on the vendors and other said
sons and daughters are the legal heirs and now they are the absolute owner of the
landbearing Sy.No.59/1, measuring 1 Acre, Out of 2 Acre 13 Guntas situated at Huskur
Village, BidarahalliHobli, Bangalore East Taluk, Bangalore and in this regard the
aforesaid children of Smt.Jayamma, viz.,Sri.H.Y.Narayanaswamy,Sri.H.Y.Nagaraj,
Smt.Y.Parvathamma,Sri.H.Y.Krishnamurthy, Smt.Y.Vanaja and Sri.H.Y.Venugopal
have entered into Family Settlement Deed Dated 20.11.2019, which is registered as
Document No.BNS-1-14438/2019-20, the document is stored in C.D.No.BNSD910,
Book-1 Dated 25.11.2019 in the office of the Sub-Registrar Shivajinagar (Banaswadi),
the settlement made by the vendors herein. And they are all have released their rights,
title and interest over the Property bearing Sy.No.59/1, in favour of the vendors by
receiving an amount in respect of their share’s.
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deed, hence Sri.Y.Jayaram, and Smt.Y.Manjula, have execute the family settlement on
18/12/2019, vide document No.BNS-1-16411/2019-20, of Book 1, stored in CD
No.BNSD929, in the office of the Sub-Registrar Shivajinagar (Banaswadi), and the
vendors have got right over the same.
WHEREAS the VENDORS have also obtained Khatha in respect of the Schedule Property
and has also paid up to date taxes to the said authority in respect of the Schedule
Property and also the VENDOR are converted the said land to residential purpose vide
order No.ALN SR:21/1994-95, Dated 15/04/1995, issued by the Deputy
Commissioner, Bangalore and the said vendors have obtained the new updated
Conversion order from the Deputy Commissioner, Bangalore District, Bangalore vide
memorandum No.ALN(EBK)CR07/2019-20, Dated 25/10/2019 and since the vendors
are in peaceful possession and enjoyment thereof.
Whereas, the schedule property herein is one the sites formed in the said converted
layout VENDORS on the consent of confirmation herein desirous to dispose off the
Schedule Property for their family and legal necessities and to invest the consideration
received for their future maintenance and other necessities has offered to sell the
Schedule Property to the PURCHASER/S.
Whereas,Khatha of the Schedule Property stand in the names of the VENDORS and
taxes are paid up to date. The VENDORS have got good and marketable title over the
schedule properties and got full and absolute right to enter into this sale agreement.
(a) That there is no legal or equitable bar or impediment on the part of the vendors
to enter into this Agreement with the Purchaser.
(b) That the vendors have not entered into any other Agreement for sale,
development, to let out, lease out etc. in respect of the aforesaid property with
any Third Party prior to entering into this Agreement.
B. Relying on the aforesaid representations and assurances on the part of the vendor
the PURCHASER has agreed to enter into this agreement to purchase of the said
property at Rs.37,51,500/- (Rupees Thirty Seven Lakhs Fifty One Thousand and
Five Hundred Only) from the vendor on the terms and conditions hereinafter
appearing:
1. The Purchaser has paid a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty
Thousand Only) as detailed below as Earnest Money under/or part-payment of the
total consideration money:
a) Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand Only) by the way of
Cheque bearing No.071442, Dated: 13.02.2020, Drawn on ICICI Bank, Old
Madras Road Branch, Bangalore.
The balance amount of Rs.30,01,500/- (Rupees Thirty Lakhs One Thousand and Five
Hundred Only) shall be paid by the Purchaser to the vendors at the time of execution
and registration of the Deed of Conveyance or Conveyances either in favour of the
Purchaser or his nominee/ nominees.
Whereas, all the registration expenses shall be borne by the PURCHASER/S alone and
the VENDOR and the PURCHASER/S has/have agreed to get the registration ONLY after
completing the amenities Like; Tar Road, Under Ground Drainage, Rain Water Drainage,
Electricity, Children play area, Bore well, Compound Wall, and Arch Gate.
And Whereas, it is agreed between VENDORS and PURCHASER/S that the amenities
Like; Tar Road, Under Ground Drainage, Rain Water Drainage, Electricity, Children play
area, Bore well, Compound Wall, and Arch Gate will be completed within 8 Months from
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the date of this agreement and Rs.1,00,000/- (Rupees One Lakh Only) will be withheld
and the same will be paid to Vendor after completing the afore mentioned amenities, if
not completed within 8 months, PURCHASER/S have right to withheld the payment of
1,00,000/- (Rupees One Lakh Only) indefinitely.
It is agreed between the VENDORS and PURCHASER/S that the VENDORS shall get
the property registered in favour of the PURCHASER/S after receiving above sale
consideration failing which the PURCHASER/S is/are entitled to go to any court of law
and get the property registration in favour of the PURCHASER/S or his/her/their
representative/nominee.
Whereas, the VENDORS have agreed to deliver the possession of the Schedule Property
and document copies of the Schedule Property to the PURCHASER/S at the time of
registration of sale deed and the PURCHASER/S has also agreed for the same. The
VENDORS have also agreed to deliver the possession to the PURCHASER/S of the
schedule property to construct the residential building thereon and in case any litigation
arise the VENDORS will set right the same with their own cost and risk.
Whereas, The VENDORS assure that they will always indemnify of the PURCHASER/S
and their heirs, against all losses and damages that may sustained or incur in
consequent of any claim being made on account of any defect in title. In case any
disputes or litigations arise over the schedule property due to any defect in title of the
VENDORS or an account of convents contained herein, the same shall be set right at
the costs and expenses of the VENDORS.
In case either of the parties of this agreement fails to perform their part of obligations
agreed under this agreement of sale even when the other party is ready, willing and
anxious to perform his part of obligation then the party not at fault shall be entitled to
seek for specific performance of contract of sale.
SCHEDULE PROPERTY
All that piece and parcel of immovable property bearing Residential Site No.23, formed
in converted Survey Nos.59/1,62/1, 63/1 and 71/1,in the layout called “RR
Residency” total measuring 6 Acres and 22 Guntas, land converted from Agricultural
to non-Agricultural, Residential purpose VideNo.ALN(EBK)CR07/2019-20, Dated
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25/10/2019, issued by the Deputy Commissioner, Bangalore, situated in Huskur
Village, Bidarahalli Hobli, Bangalore East Taluk, Formerly Bangalore South Taluk,
Bangalore, Measuring
In witness whereof the parties hereto have signed this agreement of sale on the day,
month and year first above written.
CONFIRMING PARTY:
WITNESSES:
1.
VENDOR
2.
PURCHASER
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