Sale Deed Draft
Sale Deed Draft
Sale Deed Draft
This SALE DEED is made and executed on this ____ day of _____________ 2022 at SRO
Quthbullapur, Medchal Malkajgiri District by:
1. Sri. B. Teja Raju S/o. Sri. B. Ramalinga Raju, aged about 43 years, Occ:
Business, Resident of C2, Trend set Vantage, Road No.14, Banjara hills
Hyderabad -500034, PAN: AFSPB9531Q Aadhaar No. 6204 3100 4314;
2. Sri. B. Rama Raju S/o. Sri. B. Ramalinga Raju, aged about 41 years, Occ:
Business, Resident of B1, # 8-2-317/1, Cross Winds Flats, Road No.14, Banjara
Hills, Hyderabad -500034, PAN: AGNPB1463D Aadhaar No.2069 5171 5498;
4. Sri. B. Rahul Raju S/o. Sri. B. Rama Raju, aged about 31 years, Occ: Business,
Resident of Plot No.1326, Road No.66, Jubilee Hills, Hyderabad -500033, PAN:
ASKPR3691L Aadhaar No.3918 1613 4132;
Parties Nos.1 to 4 are represented by their DGPA Holder M/s. Aparna Constructions
and Estates Private Limited a Company registered under the Companies Act, 1956
having its registered office at # 802, Astral Heights, D.No.6-3-352/2&3, Road No.-1,
Banjara Hills, Hyderabad represented by its Authorized Signatory Mrs. Kandula
Sravanthi Reddy W/o Mr. Kandula Sreenivas Reddy (Aadhaar No. 8703 9859 6065)
aged about 40 Years, Occupation: Service, 802, Astral Heights, H. No.6-3-352/2&3, Road
No.1, Banjara Hills, Hyderabad – 500 050 vide Registered Development Agreement cum
Special Irrevocable Power of Attorney dated 2.5.2019 bearing Document No.11933/19
on the file of the Sub Registrar, Qutbullapur
AND
IN FAVOUR OF
The Greater Hyderabad Municipal Corporation granted the Permission for the
construction of Multi-Storied Residential Apartments consisting of ‘A to V Blocks’, in
the Schedule-A Property, vide File No.1/C25/22775/2019 and Permit
No.1/C25/09351/2020 dated 2.9.2020 in the Schedule-A Property.
Whereas, the Purchaser(s)/Allottee(s) herein, having been satisfied with the Title
of the Vendors/Landowners and the terms of the scheme, approached the Promoter/
Developer to sell the Apartment No. «Apt_No»; in Floor No. «Floor» in Block No.
«Tower» with saleable area of «Saleable_Area» Sq. Feet (includes Carpet area of
«Carpet_Area» Sq. Feet), balconies and Utility area of «Balcony__Utility» Sq. Feet)
and common area of «Common_Area» Sq. Feet totaling to Built-up area of
«Saleable_Area» Sq. Feet along with undivided share of land admeasuring «UDS» Sq.
Yards together with «Car_parking» Car Parking slots, hereinafter called the “Schedule-
B Property in the project named as “Aparna Serenity”, to be constructed in Schedule -
‘A’ Property, with a view to join the scheme for the purpose of having an Apartment
constructed in their name.
Amount Amount
Cheque Received Less: GST Received
Date Drawn on Including Adjusted towards
No.
GST (In (In INR) Consideration
INR) (In INR)
Total
2. This sale deed is executed subject to Sec.17 of the Real Estate (Regulation and
Development) Act, 2016, hereinafter referred to as RERA Act, under which the
Promoter has to execute registered Conveyance Deed in favour of the
Purchaser(s)/Allottee(s) in respect of the Apartment and undivided
proportionate title in the common areas to the Association of the
Purchaser(s)/Allottee(s) or the Competent Authority as the case may be. The
common areas defined include the entire land on which the Project is proposed,
as per Sec. 2 (n) of the RERA Act. Hence, undivided share of land mentioned in
the Schedule-B Property is only for the purpose of entitlement of the
Purchaser(s)/Allottee(s), but not the conveyance and the Promoter/Developer is
entitled to convey the title of the undivided share of land along with common
areas to the Association or as the case may be to the Competent Authority as per
the terms of the RERA Act.
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6. The Schedule-A Property shall always be subject to the scheme for construction
of multi-storied complex with ownership apartments and shall always remain
impartible. The Schedule-A Property shall remain impartible and shall always
remain subject to the said scheme and no one, including the
Purchaser(s)/Allottee(s) shall be entitled to seek partition and separate
possession.
charges etc., and that the Vendors/Landowners have free and marketable title to
sell the same and further covenant to indemnify and keep the Purchaser(s)/
Allottee(s) fully indemnified against any or all loss or damage that may be
caused to the Purchaser(s)/Allottee(s) due to any defect in the title of the
Vendors/Landowners.
10. The Vendors/Landowners hereby declare that the Schedule-A Property is not an
assigned land within the meaning of A.P. Act, No.9 of 1977 and is not a surplus
land within the meaning of Central Act 33 of 1976.
13. There shall be one vote for each Apartment and every Apartment shall be single
and indivisible residential unit. The membership in the Society shall be
transferred on such terms and conditions, including payment of transfer fees, as
may be prescribed by the Bye-laws, Articles or other Rules and Regulations.
14. The corpus fund collected by the Promoter/Developer shall be handed over to
the Association/Society at the time of handing over of common areas to the
association and the Association shall maintain the Corpus Fund as per the terms
of the Bye Laws and Regulations of Society from time to time.
22. The Purchaser(s)/Allottee(s) shall pay an amount of Rs. 20,000/- towards Non-
refundable Deposit as Caution Deposit against the user / subscription charges at
the time of handing over the Apartment. Also, the Purchaser(s)/Allottee(s) shall
pay an amount of Rs. 30,000/- as Refundable Deposit to the
“Promoter/Developer” along with the final dues, before handing over of the
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Apartment. Expenses towards Charges for debris removal, water consumed and
electricity consumed and any other expenses / charges / loss / damages during
the execution of interiors, as the case may be, whichever are as applicable will be
debited to the refundable Caution Deposit. The balance amount of refundable
deposit will be returned to the Purchaser(s)/Allottee(s) by the
“Promoter/Developer” within one month on finalization of the account. The
regular common maintenance shall commence immediately after the
Promoter/Developer is ready with all the common amenities and facilities and
sends a communication of handing over of apartments. The commencement of
maintenance shall be from the date as mentioned in the said communication
irrespective of whether the Purchaser(s)/Allottee(s) taking the possession of the
apartment and the company will have nothing to do if the
Purchaser(s)/Allottee(s) do not take over of the apartment.
23. It is agreed that the Purchaser(s)/Allottee(s) shall alone be liable to pay the
maintenance charges, irrespective of whether the Apartment is occupied or not
or occupied by a tenant or any other person. The Society shall have charge on
every Apartment for all the amounts, including the maintenance charges, due
from its Purchaser(s)/Allottee(s) or other occupant.
24. The Purchaser(s)/Allottee(s) shall also make an advance payment of the amount
likely to incur towards maintenance for six months as permanent deposit to be
retained by the Promoter/Developer/Society. This is required in view of the
terms and conditions of the supply normally insisted by the service providers of
electricity, gas, water, telephone, internet and other tele media services, etc, in
respect of apartment and to minimize the risks involved in collection of dues
from the individual Apartment Owners and consequent dues in payment to the
service providers and to avoid any default by the society or other person
managing the common areas and amenities and consequent disconnection.
25. The Purchaser(s)/Allottee(s) shall not, by any act or illegal omission cause any
damage to the partition walls, structure and slabs of the building or any other
common area or amenity in the building and shall not try to convert or encroach
any common area for his exclusive use or otherwise interfere with the enjoyment
of the common areas and facilities by other Purchaser(s)/Allottee(s) and shall not
commit any act or illegal omission, which would cause annoyance or nuisance to
the residents of the other Apartments in the building or convert the Apartment
into any other purpose other than residence and shall not sub-divide the
Apartment.
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26. The Purchaser(s)/Allottee(s) shall not make any additions or alterations or any
new construction of any nature whatsoever contrary to the structural designs of
the plan for their Apartment and shall not change the architectural elevations of
the Apartment. The Purchaser(s)/Allottee(s) shall not alter the exterior colour of
their Apartment. If at all the Purchaser(s)/Allottee(s) wishes to make any
internal additions or alterations, they have to obtain prior written consent of the
Promoter/Developer/society, which consent shall not be unreasonably
withheld. No alterations to the exteriors or fixing of grills/mesh or any other
fixtures, which affect the elevation of the building shall be permitted.
27. The Purchaser(s)/Allottee(s) shall install the air conditioners only at the space
earmarked/specified by the Promoter/Developer; Window air conditioners are
not allowed to be fixed in any external areas like corridors etc, without the prior
written consent of the Promoter/Developer/society. The Purchaser(s)/
Allottee(s) shall not install any telephone, air-conditioner, any antenna or other
appliances or devices or structures except in the manner provided as per the
designs made by the consultants or permitted in writing by the
Promoter/Developer/society.
28. The Purchaser(s)/Allottee(s) shall avail services only from the panel of service
providers, approved by the Promoter/Developer and/or Society. The Promoter/
Developer and/or Society shall maintain the approved panel of service
providers, which shall not be more than two, at any point of time, to avoid
inconvenience and damage to the common areas, amenities, wiring, designs, etc.
29. The Purchaser(s)/Allottee(s) shall not be permitted to use the passenger lifts for
the carriage of goods or merchandise or any other removals, including garbage.
In case of any damage to the flooring, walls or lifts or other common areas and
amenities, caused on account of shifting household articles, furniture, gadgets,
etc., by the Purchaser(s)/Allottee(s) or his tenants, nominees etc., the Promoter/
Developer and/or Society shall be entitled to recover the entire cost for repair
thereof.
30. The Promoter/Developer shall be entitled to restrict the entry into the Schedule-
A Property during the course of the construction of the project in the interest of
safety. The Purchaser(s)/Allottee(s) shall sign the register and take the assistance
of escorting staff, while entering the Schedule-A Property for the purpose of
inspecting the Schedule-B Property, during the construction. The Purchaser(s)/
Allottee(s) shall point out all the defects and deficiencies found by him, during
the construction and the Promoter/Developer shall rectify the same depending
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31. It is agreed that in case any structural defect or any other defect in workmanship,
quality or provision of services or any other obligations of the
Promoter/Developer relating to such development is brought to the notice of the
Promoter within a period of 5 (five) years by the Purchaser(s)/Allottee(s) from
the date of handing over possession, the Promoter/Developer/Promoter shall
rectify such defects without further charge, within 30 (thirty) days, and in the
event of Promoter/Developer’s failure to rectify such defects within such time,
the aggrieved Purchaser(s)/Allottee(s) shall be entitled to receive appropriate
compensation in the manner as provided under the RERA Act.
iv. The terms of work like painting etc., which are subject to wear and tear.
33. The Promoter/Developer shall have absolute discretion in creating the parking
slots and allotting the same to various Purchaser(s)/Allottee(s) as per their
respective entitlement under their respective agreements and such parking area
shall be treated as limited common area, confined to the use of the
Purchaser(s)/Allottee(s), to whom they are so allotted.
34. There shall be Workmanship tolerances, margins and variations in sizes as per
the working plans of the Schedule-B Property.
35. In case of any dispute or difference, other than those mentioned in clause (31)
above, namely, the disputes referable to the Architect, arising out or in
pursuance or with regard to the interpretation of the terms of this deed shall be
referred to the sole Arbitrator to be selected by the Purchaser(s)/Allottee(s) out
of any three persons having experience in construction and development to be
suggested by the Promoter/Developer. The remuneration of the Arbitrator shall
be 1% of the value of the dispute, subject to a maximum of Rs.50,000/-. The
Arbitrator shall commence the arbitration and pass the Award within three
months of such reference. The venue of Arbitration shall be Hyderabad and
subject to the jurisdiction of the Hyderabad District Courts only.
36. Notwithstanding anything contained herein above, this deed shall not
super-cede or override any agreement entered into by the Purchaser(s)/
Allottee(s) with the Promoter/Developer and shall not create any absolute
rights, unless and until all the amounts due to the Promoter/Developer are fully
paid and the Promoter/Developer delivers the actual physical possession of the
Schedule-B Apartment to the Purchaser(s)/Allottee(s) and the rights of the
Purchaser(s)/Allottee(s) shall always be subject to the terms of this deed.
SCHEDULE-A PROPERTY
All that land admeasuring 90,811.94 Sq. Mts equivalent to Ac.22-17.6Gts out of
Ac.27-39.6Gts in Sy No.25/1 Part of Petbasheerabad Village, Quthbullapur Mandal,
Medchal-Malkajgiri District, and bounded as follows:
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All that Part and Parcel of Semi-Finished Apartment No.«Apt_No»; in Floor No.
«Floor»; in Block No. «Tower» with saleable area of «Saleable_Area» Sq. Feet
(includes Carpet area of «Carpet_Area» Sq. Feet), balconies and Utility area of
«Balcony__Utility» Sq. Feet) and common area of «Common_Area» Sft totaling to
Built-up area of «Saleable_Area» Sq. Ft. along with undivided share of land «UDS»
Sq. Yards together with «Car_parking» Car Parking slots to be constructed in the
project named as “Aparna Serenity”, in Schedule -‘A’ Property bounded as follows:
North : _________________,
South : _________________,
East : _________________,
West : _________________.
SCHEDULE – C
The common facilities and areas in which owners shall have proportionate,
undivided and impartible share are as follows:
COMMON FACITLIES
COMMON AREAS
1. Corridors
2. Open Area between Towers
3. Roads
4. Playing Areas
5. Columns, Beams, all exterior walls, staircases, water tanks
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IN WITNESS WHEREOF, the parties herein have signed and executed this Deed of Sale,
with their free will and consent, on above mentioned day, month & year, in the
presence of the following witnesses:
WITNESSES:
1.
Vendors/Landowners No.1 to 4
represented by GPA holder.
2.
PROMOTER/DEVELOPER
PURCHASER(S)/ALLOTTEE(S)