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TPA Sale Deed Assignment Draft

The document is a draft sale deed transferring ownership of a property located in Jaipur, Rajasthan from Mr. Mahendra Singh Shekhawat to Mr. Man Singh Shekhawat. It provides details of the parties, location and value of the property, and terms of the transaction including payment of sale consideration and transfer of ownership and liability for taxes.

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Aditi Shekhawat
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44 views10 pages

TPA Sale Deed Assignment Draft

The document is a draft sale deed transferring ownership of a property located in Jaipur, Rajasthan from Mr. Mahendra Singh Shekhawat to Mr. Man Singh Shekhawat. It provides details of the parties, location and value of the property, and terms of the transaction including payment of sale consideration and transfer of ownership and liability for taxes.

Uploaded by

Aditi Shekhawat
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

AMITY LAW SCHOOL

TRANSFER OF PROPERTY ACT

DRAFTING ASSIGNMENT

SALE DEED

SUBMITTED TO : SUBMITTED BY :
Ms. Bhawna Ms . Aditi Shekhawat
Asst Prof BA LLB ( Hons )
Amity Law School A21511120073
FACTSHEET

The sale deed was executed on 8th April 2024 .

 Mr. Mahendra Singh Shekhawat is the owner of the property who is also the seller
of the property .

 Mr . Mahendra Singh Shekhawat purchased the property in 2007 at the rate of RS


35,00,000 /-

 Mr. Man Singh Shekhawat approximately aged 60 /- is the purchaser of the


property . He has purchased this property at the rate of Rs 50,00,000 /- from Mr
Mahendra Singh Shekhawat .

 The property is located at Jhotwara in Jaipur , Rajasthan and has an


approximately value of Rs 55,00,000/- at the time of this deed .

 Mr. Mahendra Singh Shekhawat is a propety dealer in Jaipur city .

 Mr. Man Singh Shekhawat is an Army Retired Personnel . Both the parties currently
reside in Rajasthan with Mahendra Singh residing in Jaipur Rajasthan and Man
Singh residing in Jodhpur .

 Property has been transferred absolutely to Mr Man Singh by Mr Mahendra Singh

Shekhawat at Jaipur Rajasthan .

 Mr. Mahendra Singh Shekhawat covenants to ensure peaceful enjoyment of the

property by Mr. Man Singh Shekhawat free from any interference or encumbrances.
 Mr. Mahendra Singh assures that he has absolute right and power to sell the

property and that there are no encumbrances on the property .

 Mr. Mahendra singh confrims tax and legal compliances related to the property .

 There are no statutory restrictions on Mr. Mahendra Singh Shekhawat’s ability to

execute the sale deed .

 The sale deed has been witnessed by specidfied witnesses and notarized for legal

vaidity . Both the parties acknowledge their understanding agreement to the terms

and conditions stated in the deed


SALE DEED

THIS DEED OF SALE made and executed at _____Jaipur ________on this _____8th ___day
of ________April _______ month, ____2024__________ years
by:S r i . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M a h e n d r a Singh Shekhawat _ aged about
__50 _____ years, S/o.__Devi Singh Shekhawat _____________residing
at________________________Jaipur ___________hereinafter called
t h e [Link] S r i . _ _ _ M a n S i n g h S h e k h a w a t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a g e d
about __60 _____ years, S/o.____Shaitan Singh Shkehawat
___________residing at___________________Jodhpur
________________hereinafter called

t h e [Link] term SELLER and PURCHASER, unless repugnant to the context, shall meanand

include their respective heirs, successors, executors, administrators, trustees,legal representatives

and assigns WITNESSTH:

WHEREAS the SELLER herein is the sole and absolute owner of

immovable property being Flat / Apartment No.53

on the __Ground_____Floor of the buildingknown as “_________Tirupati Nilay

_______”situated at _________Sikar Road

________andbearingCorporationNo.________, __289746_______________Road,

Division No.__43___, with asuper built-up area of __48___ [Link]. together with __30___

% share of undividedinterest in the land equivalent to ____45___ [Link]. along with common

areas andfacilities including car parking lot in the basement, which Flat / Apartment

ismorefully described in the schedule hereunder and hereinafter called the Schedule.

WHEREAS the SELLER of the Flat / Apartment, he having purchased the samefrom

Sri.________Arjun Singh ______ in terms of Sale Deed dated

___2007______duly registeredas Document No._______6382__ Book – I,


Volume _56_______at Pages ________ondate ____29 april ____at the Office of

the Sub-Registrar, _________Jaipur ____since then theSELLER has been in

possession and enjoyment of the Schedule Flat / Apartmenton getting the bifurcated khata

from the Corporation of city of

theof _________Jaipur_____duly transferred in his name bearing No.__6381______ vide Kh

ata No._________268943955______ dated __29april______and on payment of taxes and levi

esthereon as sole and absolute owner thereof.

WHEREAS the SELLER herein being desirous of selling the Schedule Flat /Apartment,

offered the same to the Purchaser and the Purchaser has agreed

to purchase the Schedule Flat / Apartment in terms of an oral agreement for a totalsale

consideration of Rs._________50,00,000/-__ (Rupees ___fifty lakh only

______________only) and the Purchaser in terms of the aforesaid oral agreement

agreed to pay the entire saleconsideration at the time of execution of the sale

[Link] CONSIDERATION of the Purchaser having paid the entire sale

considerationof Rs.________50,00,000/- _____ (Rupees

_____________________only) as aforesaid, thereceipt of which has been duly

acknowledged by the SELLER, who acquits thePurchaser from making any

further payments towards sale consideration, theSELLER, as beneficial owner,

DOES HEREBY GRANT, CONVEY,TRANSFER BY WAY OF SALE AND

ASSIGN unto and in favour of thePurchaser the Schedule Flat / Apartment and

every part thereof together with theright, title and interest therein, with all the

benefits, advantages, concessions,licenses, hereditaments, easementary rights,

equities, claims, demands etc.,attached to belonging to and reputed to belong to

the Schedule Flat / ApartmentTO HOLD, TO POSSESS AND TO ENJOY the


same for ever free from allencumbrances, subject to common rights of owners of

remaining shares ofundivided interest in the land and the Flat / Apartments

attributable thereto.

The SELLER hereby declares and covenants with the Purchaser that he is the

soleand absolute owner of the Schedule Flat / Apartment and has a clear, legally

validand marketable title thereto and therefore an absolute right to sell and

convey thesame to the Purchaser in terms of this Deed.

The SELLER further declares that hehas not done any acts, deeds or things so as

to curtail, restrict or prejudice his rightto convey or prevent him from selling the

Schedule Flat / Apartment in terms ofthis Deed.

WHEREAS the Purchaser having now paid the entire sale consideration as

detailed below, has requested the SELLER to execute the Sale Deed in his favour

and the SELLER has duly agreed thereto,


NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH

ASHEREUNDER:

1. The SELLER hereby confirms that the Purchaser has paid the entire

saleconsideration as under:(a) Amount paid by Cheque No._Dated____________

drawn on _____________________ Bank, Rs.(b) Amount paid by Cheque

No.Dated____________ drawn on _____________________ Bank,

Rs.__________

from third parties which are in any way detrimentalto the interest of the Purchaser.

2. The SELLER hereby assures the Purchaser that all taxes and levies on theSchedule Flat /

Apartment have been paid up to date and arrears if any, till the dateof the Sale Deed shall be

duly paid by him and future taxes in respect of theSchedule Flat / Apartment shall be paid by

the Purchaser.

3. The SELLER hereby declares and covenants with the Purchaser that he shall do orcause to

be done all acts, deeds and things which are legally and reasonablyrequired to be done at the

instance of the Purchaser for morefully and perfectlyassuring the right, title and interest of the

Purchaser in the Schedule Flat /Apartment herein conveyed and the Purchaser shall bear such

expenses.

4. The SELLER hereby indemnifies and shall keep the Purchaser or his successors-in-title

fully indemnified against any loss or liability, cost or claims, action or proceedings, if any

should arise, at any time in future against him owing to anydefect in or for want of clear and
marketable title or due to any default, violationor non-compliance of any of the declarations

or covenants herein.

5. The Purchaser shall be the sole and absolute owner of the Schedule Flat /Apartment with

attendant rights of ownership, possession, enjoyment and shall beentitled to deal with or

dispose off the Schedule Flat / Apartment as he deems fitwithout any interference,

obstruction or hindrance from the SELLER or anyoneclaiming under, through or in trust from

[Link] Stamp duty, Registration charges and other incidentals have been borne by

thePurchaser.

6. The SELLER has this day delivered the vacant possession of the Schedule Flat /Apartment

to the Purchaser along with all the available original title deeds anddocuments which are in

his possession pertaining to or relating to the ScheduleFlat / Apartment.

The Purchaser shall be bound to become Member of the Association of ApartmentOwner’s

and duly comply with the provisions of Karnataka Apartment Ownership Act, 1972 and the

rules thereunder and shall abide by the bye-laws and majoritydecisions of the said

Association to be formed and comply with other requirementsof the aforesaid Act.
SCHEDULE OF APARTMENT ( Conveyed as under Annexure A )

All that piece and parcel of immovable property being Flat / Apartment No.,

___53______Floor of the building known as “”,situated at and bearing Corporation No.,

_____8765r______Road,Division No., with a super built up area of __45____sq.ft. together

with ___30__% share of undivided interest in the land equivalent to ___24___sq.ft.

alongwith common areas and facilities attributable thereto which area includes one car

parking lot in the basement and the composite property is bounded by:On the East :On the

West :On the North :On the South :Market Value property is Rs._____50,00,000_______

(Rupees ________________only)The Stamp duty is paid on the market value as computed

above.
IN WITNESS WHEREOF the parties herein have affixed their respectivesignatures to this

Sale deed at ________4th ______on this __ Tuesday _______ day of ______April ___

month of _______2024______years in the presence of the

witnesses:WITNESSES:[Link]

WITNESSES :

1. MUKUND MADHAV PAREEK

2. ISHIKA BAHETI

SELLER - ___________________

PURCHASER - ____________________

Common questions

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Mr. Mahendra Singh Shekhawat transfers the entire right, title, and interest in the property, including benefits, advantages, concessions, licenses, hereditaments, and easementary rights . The deed emphasizes the conveyance of all equities and claims associated with the property to Mr. Man Singh Shekhawat while ensuring it is free from encumbrances. Additionally, the agreement includes undivided interest in common areas and facilities associated with the apartment .

The sale deed acknowledges that Mr. Man Singh Shekhawat has paid the entire sale consideration of Rs. 50,00,000/- . The receipt of this amount is duly acknowledged by Mr. Mahendra Singh Shekhawat, making no further payments necessary from the purchaser . The deed does not specify the details regarding the payment method, yet it confirms that all payments have been satisfied at the time of the deed execution .

The sale deed provides Mr. Man Singh Shekhawat with various legal protections. Mr. Mahendra Singh Shekhawat affirms he is the sole owner with a clear and marketable title, with no acts performed to restrict the sale . Furthermore, the seller indemnifies the purchaser against any potential future losses or claims, assuring that there are no outstanding claims that could challenge the purchaser's ownership or rights in the property .

Mr. Mahendra Singh Shekhawat assures Mr. Man Singh Shekhawat that he has the absolute right and power to sell the property, guaranteeing that the property is free from any encumbrances . He also covenants to ensure the peaceful enjoyment of the property by Mr. Man Singh without any interference, and confirms compliance with all relevant tax and legal obligations . Additionally, he indemnifies the purchaser against any future claims void of a marketable title .

The sale deed assures that Mr. Man Singh Shekhawat's ownership is absolute, granting him full rights to use, enjoy, and manage the property as he sees fit without interference or hindrance from Mr. Mahendra Singh Shekhawat or any third parties . This assurance covers current and future dealings with the property, ensuring that there will be no obstructive claims against his rights as an owner .

The sale deed specifies that Mr. Mahendra Singh Shekhawat delivered the vacant possession of the Schedule Flat/Apartment to Mr. Man Singh Shekhawat . Along with this transfer of possession, all available original title deeds and relevant documents pertaining to the property were also handed over to the purchaser, signifying a complete transfer of ownership and operational control .

After purchasing the property, Mr. Man Singh Shekhawat is obligated to pay future taxes related to the Schedule Flat/Apartment . He is also required to become a member of the Association of Apartment Owners as per the Karnataka Apartment Ownership Act, 1972, and abide by the association's by-laws and majority decisions . These stipulations ensure continuous compliance with ownership and societal norms governing apartment ownership.

As a member of the Association of Apartment Owners, Mr. Man Singh Shekhawat is afforded protection and a structured environment for managing common property while having a say in the management decisions . However, this membership also subjects him to specific regulations and by-laws that could affect his usage rights. It ensures collective decision-making and compliance with broader community standards, balancing individual ownership rights with community interests .

Witnesses play a crucial role in executing the sale deed by providing an additional layer of authentication to the transaction. Their signatures on the document attest to the voluntary nature and the acknowledgment of terms by both parties involved, enhancing the document's credibility and legal standing . In the provided sources, specific individuals are identified as witnesses, further ensuring transparency and legality in the transfer process .

The sale deed clarifies that all taxes and levies on the property have been paid by Mr. Mahendra Singh Shekhawat up to the time of sale . Any arrears or outstanding taxes are addressed by the seller up to that point. Future taxes, however, become the responsibility of Mr. Man Singh Shekhawat following the completion of the sale, ensuring clear delineation of financial responsibilities post-purchase .

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