SALE DEED

THIS SALE DEED is made and executed on this the Nineteenth Day of October, Two
Thousand Twelve (19/10/2012) at Bangalore by:M/S. SIDDIVINAYAKA ENTERPRISES, a Registered Partnership Firm, having its
registered office at No.10/1, Lakshminarayana Complex, Palace Road, Bangalore - 560
052, PAN ABFFS1007H, represented by its partner Mr.P.Ashwin Pai.
Hereinafter referred to as the OWNER (which expression shall mean and include its
successors, legal heirs, assigns executors, administrators or any one claiming through or
under them) of the FIRST PART;
AND:
M/s CENTURY JOINT DEVELOPMENTS PVT LTD, a Private Limited Company
incorporated under the Companies Act, 1956 and having its Registered Office at
No.10/1, Lakshminarayana Complex, Palace Road, Bangalore- 560 052, PAN
AAECC0945K, represented by its Director Mr.Vivekananda Nayak.
Hereinafter referred to as the DEVELOPER (which expression shall mean and include
its successors-in-office, legal heirs, assigns executors, administrators or any one claiming
through or under them) of the SECOND PART;
(Owner and the Developer are together hereinafter referred to as VENDORS)
IN FAVOUR OF:
Mr. Pradeep Shenoy K, aged about 24 years, S/o. Mr. Rathnakar Shenoy
PAN - CMSPS0271D and
Mr. Rathnakar Shenoy K, aged about 72 years, S/o. Mr.Panduranga Shenoy K,
PAN - AHQPS4326N and
Mrs.K Sita R Shenoy, aged about 64 years, W/o. Mr. Rathnakar Shenoy,
PAN ALQPS0009N

Residing at: Door No. 4-351-K4, 2nd Cross, Hayagreevanagar, Indrali,

Udupi -576 102.
hereinafter referred to as the "PURCHASERS" (which expression shall wherever the
context so requires or admits, mean and include his/her heirs, successors, executors,
administrators and assigns) of the THIRD PART;
WHEREAS:
The property bearing Survey No.115/3 measuring 27 guntas (hereinafter referred to as
the Said Property), situated at Kammanahalli Village, Begur Hobli, Bangalore South
Taluk, originally belonged to Mr.K.S.Venkatanarayanappa, son of Shanbogue
Srikantaiah, he having acquired the same under Orders passed on 04.03.1959 in
CaseNo.34, by the Special Deputy Commissioner for Inams Abolition conferring
occupancy rights on him;
Mr.K.S.Venkatanarayanappa, joined by his children viz., K.V.Aswathanarayana,
K.V.Gurudutt, K.V.Madhusudan and K.V.Chandrashekar, subsequently sold the Said
Property but as Survey No.115/1 instead of Survey No.115/3 to Mrs.Nagamma, wife of
Mr.Krishnappa, under a Deed of Sale dated 14.05.1968 (registered as DocumentNo.2138,
Book I, Volume 716, Pages 101 to 104, in the Office of the Sub-Registrar, Bangalore South
Taluk);
Subsequently, the said Mrs.Nagamma, wife of Mr.Krishnappa, sold the Said Property to
Mr.Byrappa, son of Kempanna under a Deed of Sale dated 20.02.1980 (registered as
Document No.6707/79-80, Book I, Volume 1471, Pages 120 to 123, in the Office of the
Sub-Registrar, Bangalore South Taluk), showing the Said Property as Survey No.115/1
instead of 115/3 and he got the katha of the said land transferred in his name vide
MRNo.14/83-84;
On realizing the discrepancy crept in the above sale deeds and to have the same
rectified, Mr.Byrappa made an application before the survey department to identify the
land purchased by him under the said deeds and on resurvey the survey department
passed an order in Case No.BS.MPR171/90-91/ TQ MPR(P) B22/90-91, dated 02.05.1991

and confirming that Mr.Byrappa is in possession and enjoyment of survey number

115/3. Thereafter the Katha of the Said Property was transferred in the name of
Mr.Byrappa vide MR No.1/91-92, showing survey no.115/3, measuring twenty seven
guntas;
The said Mr.Byrappa, joined by his son Mr.B.Raju, later sold the Said Property to
Mr.C.H.Subboji Rao, under a Deed of Sale dated 11.07.1995, (registered as Document
No.2848/95-96, Book I, Volume 4298, Pages 34 to 38, in the Office of the Sub-Registrar,
Bangalore South Taluk), showing twenty seven guntas and he got the katha of the Said
Property transferred in his name vide MR No.33/96-97;
AND Mr.C.H.Subboji Rao, subsequently sold the Said Property to Smt.Suman
Krishnappa, under a Deed of Sale dated 19.04.2006 (registered as Document No.BAS-101710/2006-07, Book I, stored in CD No.BASD236, in the Office of the Sub-Registrar,
Bangalore South Taluk).
The said Smt.Suman Krishnappa, made an application seeking conversion of the Said
Property and the same has been converted from agricultural to non-agricultural
residential use vide Conversion Order No. No: ALN(S):SR:180/07-08, dated;
19/10/2007, by the Special Deputy Commissioner, Bangalore District, Bangalore;
Further, the said Smt.Suman Krishnappa, conveyed the Said Property duly converted
for residential purpose (more fully described in the Schedule hereunder hereinafter
referred to as Schedule A Property) in favour of the VENDORS herein vide sale deed
dated 10-01-2008, bearing Document No.BGR-1-02117-2007-2008, stored in CD No.
BGRD 8, in Book-I registered in the office of the Sub-Registrar, Begur, Bangalore and
ever since the same the Owner is in peaceful possession and enjoyment of Schedule A
Property;
The khata of the Schedule A Property is registered in the name of the Owner in the
revenue records maintained in the office of the Bruhat Bangalore Mahanagara Palike,
Begur Zone, Vide BBMP khata No.310/115/3 and the taxes with respect to the Schedule

A Property is paid to the Bruhat Bangalore Mahanagara Palike, Bommanahalli Zone till
date;
The Owner applied for the Building plan approval for construction of a residential
apartment complex with Stilt and 4 Upper Floors on the Schedule A Property and the
same was sanctioned by the BBMP, Bommanahalli Sub-Division and approved vide
L.P.No.58/2010-2011 dated 15/06/2010;
The Developer and the Owner entered into a Joint Development Agreement Dated 0608-2010 registered as Document No.2526/2010-11, with Sub- Registrar, Begur, Bangalore
to develop the Schedule A Property into a multi-storied residential apartment as per
the building plan sanctioned by the authorities including any additions and/or
modifications thereto.
As per the afore said Joint Development Agreement the OWNER is entitled to 15% of
super built up area and the DEVELOPER is entitled for 85% of super built up area
together with same percentage of undivided share in Schedule A Property.
However, with an intention to pass on better title to the Purchaser, the Owner and the
Developer are jointly executing this Sale Deed. The Developer and Owner are jointly
called VENDORS.
The Purchaser having understood the scheme of development of the Schedule A
Property into a residential apartment complex agreed to purchase an apartment and had
entered into an Agreement to Sell.
Pursuant to Agreement to Sell, the VENDORS agreed to convey by way of Deed of Sale
to the Purchaser/s, right, title and interest in 518 sft of undivided share in the Schedule
A Property (which is morefully described in the Schedule B hereunder and hereinafter
referred to as the Schedule B Property) along with the apartment bearing No. C-103 on
the First Floor in the C Block, measuring 888 sq ft of super built up area, comprising of
built-up area of 812 sq. ft. inclusive of balconies, utility space, floors, ceiling and walls

between the apartments and proportionate common area of 76 square feet of the
residential complex CENTURY PARADISE constructed on the Schedule A Property
(which is morefully described in the Schedule C hereunder and hereinafter referred to as
the Schedule C Apartment),
The Schedule 'C' Property is assessed to taxes by the Bruhat Bangalore Mahanagara
Palike and is assigned BBMP No.310/115/3/10 C-103
The Purchaser/s has/ve represented to the VENDORS that, under law, he/ she/ they/
it is eligible to purchase residential properties in India and there are no restrictions on
him/ her/ them/ it to obtain conveyance under this Deed from the VENDORS and
based on such representation the VENDORS are executing this Sale Deed in favour of
the Purchaser/s,
NOW THIS DEED OF SALE WITNESSESTH AS FOLLOWS:
1. Pursuant to the Agreement to Sell, the VENDORS hereby conveys by way of
sale right, title and interest in Schedule B Property being 518 sq ft undivided
share in Schedule A Property along with Schedule C Apartment and one covered
car park incidental to sale of Schedule C Apartment for a total consideration of
Rs.16,45,000/-(Rupees Sixteen Lakhs Forty Five Thousand Only) paid by the
Purchaser to the VENDORS, the receipt of which the VENDORS hereby accepts
and acknowledges as full and final settlement and satisfaction of the entire sale
consideration:
2.

As the sale of the Schedule B Property is hereby made to enable the Purchaser to
own a share in the land corresponding to the Schedule C Apartment, the
Purchaser shall not be entitled to seek partition or separate possession of the
Schedule B Property purchased under this Deed and the Purchaser/s shall join
Association of Apartment Owners (Association) as and when formed by the
VENDORS under the Karnataka Apartment Ownership Act of 1972 and Rules of

1974 for the residential complex CENTURY PARADISE. The Purchaser shall
be subject to the rights and obligations specified in the said Act and the
Rules/Bye Laws there under. The Purchaser shall execute such documents as
necessary for the formation of the Association.
3.

The Purchaser/s hereby agrees to be bound by and to follow and accept the
conditions/ restrictions/ privileges provided under the Owners Manual a copy
of which has been handed over to the Purchaser/s by the VENDORS (herein
after referred as the Owners Manual) and the said Owners Manual shall be
adopted in the Bye-laws to be promulgated by the Association for the benefit of
all the apartment owners.

4.

In case the Purchasers want/s to alienate his/her/its property before the

formation of the Association, he/she/it shall inform the VENDORS and obtain
No Objection Letter from the VENDORS and the new owner shall be bound by
the Owners Manual and the Bye laws of the Association.

5.

That the Purchaser/s shall be entitled to the ownership of and to hold, enter
upon and enjoy the property hereby conveyed and the income and profits
received there from and shall henceforth pay for all the property and municipal
taxes payable on the Apartment to the respective taxation authority directly

6.

The Purchaser/s along with the other apartment owners of the CENTURY
PARADISE shall form only one Association for CENTURY PARADISE.

7.

The VENDORS covenants with the Purchaser/s as follows:

a)

That the Schedule A Property, Schedule B Property and Schedule C

Apartment is free from attachments, encumbrances, court or acquisition

proceedings or charges of any kind;

b)

That title of the VENDORS to the property hereby conveyed is clear,

marketable and subsists.

c)

That the VENDORS are the absolute owner of the property hereby

conveyed and has all the power/rights to convey the same and that none else has
any right, title, interest or share therein and there is no impediment for execution
of this Deed under law;
d)

That the VENDORS agree to do and execute or cause to be executed all

acts, deeds and things, as may be required for morefully perfecting the title of the
Purchaser/s to the Schedule B Property and Schedule C Apartment.
e)

That the VENDORS shall keep the Purchaser/s fully indemnified and

harmless against any loss or liability action or proceedings, cost or claim that
may arise against the Purchaser or the property hereby conveyed, by reason of
any defect in or want of title, on the part of the VENDORS;
f)

That while conveying any share in the Schedule A Property to others, the

VENDORS shall not confer on such transferee, any right which is conferred on
the Purchaser/s herein, nor shall omit or exclude in the case of such other
transferee, any obligation which is required to be performed or shared herein
and as per the Owners Manual.
8.

The Purchaser/s covenants with the VENDORS as follows:

a)

The Purchaser/s shall use his/her/its property for residential purpose

only and for no other purpose and shall pay for the electricity and other facility
charges as per the bills served by the respective authority with respect to the
same,

b)

The Purchaser/s shall not do any work which would jeopardize the

soundness or safety of the Schedule C Apartment, reduce the value thereof or

impair any easement nor shall the Purchaser/s add any material structure or
excavate any additional basement or cellar or encroach upon any part of the
common and open space.
c)

The Purchaser/s shall not make any structural alteration/additions to

his/her/its property nor make any additions or alterations to the building, nor
shall change the outside colour scheme, elevation or faade thereof in any
manner.
d)

The Purchaser/s shall not alter or subscribe to the alteration of the name

of the entire residential complex or any part thereof in the Schedule A Property
known as CENTURY PARADISE.
11.

The Purchaser/s agree that they shall not do any act that may be against any law,
rule, regulation, bye law of the BDA/ BBMP/ CMC/ other statutory authorities
or any obligation agreed under any contract and he/ she/ it they shall be solely
responsible for all consequences of any offence or breach thereof and shall
indemnify the VENDORS and other residents / apartment owners who may
suffer due to any such acts of omission or commission.

12.

The VENDORS and the Purchaser/s agree that any and all disputes between the
Parties regarding this Deed or any provision thereof shall be subject to the
exclusive jurisdiction of the Courts of Bangalore, Karnataka, India.

13.

It is agreed upon by both the parties that the Purchaser shall bear registration
charges including the stamp duty, registration fees, legal fees and such other
expenses in respect of registration of this Sale Deed.

14.

In this Deed of Absolute Sale and Conveyance the word PURCHASER shall
mean and include PURCHASER and/or PURCHASERS and the word He
shall mean and include She and/or they wherever applicable.
SCHEDULEA
(Schedule A Property)
(Description of the entire property)

All that piece and parcel of residentially converted Immovable Property bearing BBMP
Khatha No.310/115/3, carved out of Survey No.115/3 situated at Kammanahalli Village,
Begur Hobli, Bangalore South Taluk, Bangalore, measuring to an extent of 27 guntas and
bounded on the:
EAST BY

Land belonging to Munivenkatappa

WEST BY

Land belongs to Abbaiah

NORTH BY

Begur Road

SOUTH BY

Land belongs to Chikkannaiah

SCHEDULE-B
(Schedule B Property)

undivided right, title and interest in the Schedule A Property to an extent of 518 square
feet, which is proportionate to 888 sq.ft of super built up area of Schedule C Apartment
SCHEDULE-C
(Schedule C Apartment)
A 2 BHK Apartment bearing No. C 103, BBMP No.310/115/3/10, in First Floor of C
Block of the multi-storied Building known as "CENTURY PARADISE" constructed on
the Schedule 'A' Property admeasuring 888 Sq.ft. of super built area (inclusive of
balconies and proportionate share in the common areas with One covered Car Parking
space in the stilt floor to the sale of Schedule C Apartment. The Apartment is
constructed with bricks and cement, R.C.C. roof, flush doors, Aluminum windows,
Vitrified Tiles flooring.

SCHEDULE D
(Rights of the Purchasers)
The Purchasers shall have the following rights in respect of the Schedule A Property,
Schedule B Property and the Schedule C Apartment:1)

The Purchasers and all persons authorised by the Purchasers (in common with
all other persons entitled, permitted or authorised to a similar right) shall have
the right at all times and for all purposes, to use the staircases, lift, passages and
other common areas;

2)

The right to subjacent, lateral, vertical and horizontal support for the Schedule C
Apartment from the other parts of the block/ wing;

3)

The right to free and uninterrupted passage of water, gas, electricity, sewerage,
etc., from and to the Schedule C Apartment through the pipes, wires, sewer lines,
drain and water courses, cables and pipes which are or may at any time hereafter
be in, under or passing through the block/ wing or any part of the Schedule A
Property;

4)

The right of entry and passage for themselves and their persons and agents or
workmen to other parts of the block/ wing at all reasonable times after notice for
the same has been served for the purpose of repairs or maintenance of the
Schedule C Apartment or for repairing, cleaning, maintaining or renewing the
water tanks, sever, drains and water courses, cables, pipes and wires without
causing disturbance as far as possible to the other apartment owners and making
good any damage caused.

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SCHEDULE E
(Obligations of the Purchasers)
The Purchasers hereby agrees, confirms and undertakes the following obligations
towards the VENDORS and other apartment owners:1.

The Purchasers shall not at any time, carry on or suffer to be carried on in the
Schedule C Apartment, any noisy, offensive or dangerous trade or pursuit which
may be or become in any way a nuisance, annoyance or danger to the VENDORS
or the other apartment owners or occupiers of the other apartments or the
neighbours or any thing which may tend to depreciate the value of the Schedule
C Apartment or the residential complex;

2.

The Purchasers shall use the Schedule C Apartment only for residential
purposes;

3.

The Purchasers shall give to the owners of the other apartments, the necessary
vertical, horizontal and lateral support for their apartments and reciprocate and
recognize the rights of the other apartment owners in the residential complex as
are enumerated in the Schedule E above;

4.

The Purchasers shall become and remain a member of the Association to be

formed by and consisting of all the apartment owners in the residential complex
as per provisions laid down under the Karnataka Apartment Ownership Act,
1972 and Rules, 1974, for the purpose of attending to the various matters of
common interest, including repairs, maintenance, white washing, painting, etc.,
in respect of the residential complex and to maintain the roads, compound walls
and all other common areas. For this purpose, the Purchasers will subscribe to
the Deed of Declaration by way of signing Form B as provided under the
Karnataka Apartment Ownership Act, 1972 and Rules, 1974. The Purchasers will
observe and perform the terms and conditions, bye laws and the rules and
regulations prescribed by such Association of Owners;

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5.

The Purchasers hereby agree to be bound by and to follow and accept the
conditions, restrictions, privileges provided under the Owners Manual to be
handed over to the Purchasers by the VENDORS on execution and registration of
this Deed of Sale till the formation of the Association. Upon formation of the
Association of Apartment Owners, the conditions, restrictions, privileges
provided under Owners Manual shall be adopted in the bye laws to be
promulgated by the Association for the benefit of all the Apartment Owners. In
case the Purchasers want to alienate the apartment before the formation of the
Association, he/she shall inform the VENDORS and obtain No Objection
Letter from the VENDORS and the new owner shall be bound by the Owners
manual and/or bye laws of the Association;

6.

The VENDORS, after formation of the Association, shall hand over the balance of
the advance maintenance charges collected from the apartment owners to the
Managing Committee of the Association of Owners and shall also provide
audited accounts for the same from the Vendors auditor as up-to that date. The
VENDORS, the Managing Committee of the Association and the Purchasers shall
be bound by the auditors statement of accounts;

7.

The Purchasers will use all sewers, drains and water lines now in or upon or
hereafter to be erected and installed in the residential complex in common with
the other apartment owners and permit free passage of water, sanitary, electrical
lines, through and along the same or any of them and to share with the other
apartment owners, the cost of repairing and maintaining all such sewers, drains
and water lines as also the cost of maintaining and repairing all common
amenities such as common roads, staircases, etc., and to use the same as
aforesaid and/ or in accordance with the rules, regulations, bye laws and terms
and conditions of the Association of Owners;

8.

The Purchasers shall duly and punctually pay the proportionate share of
municipal/property taxes, rates and cesses, insurance charges, cost of

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maintenance and management of the residential complex including any

increment thereon, charges for maintenance of services, like water, sanitations,
electricity, etc., salaries of the employees of the Association of Owners and other
expenses in regard to the residential complex as may be determined by the
Managing Committee of the Association from time to time. The liability to pay
such share shall commence from the date when the Schedule C Apartment is
ready for occupation, irrespective of whether the Purchasers takes possession
thereof or not. Till the time the Association is formed the Purchasers shall pay
such share of taxes/expenses, etc., to the VENDORS, as per their demand.
9. The Purchasers shall keep the common areas, open spaces, parking areas, passages,
lifts, staircases, lobbies, etc., free from obstructions and in a clean and orderly
manner and not encroach on any common areas and not throw rubbish/refuse
out of the Schedule C Apartment.
10.

The Purchasers shall keep the Schedule C Apartment walls, drains, pipes and
other fittings in good and habitable condition and in particular, so as to support
and protect the block/wing and shall carry out any internal works or repairs as
may be required by the VENDORS/Managing Committee of the Association of
Owners.

11.

The Purchasers shall not make any additions or alterations or cause damage to
any portion of the block/ wing or the Schedule C Apartment and shall not
change the outside colour scheme, outside elevation/ faade/ dcor of the
block/ wing, otherwise than in a manner agreed to by the VENDORS/ majority
of the Association of Owners.

12.

The Purchasers shall not alter or subscribe to the alteration of the name of the
residential complex, which shall be known as CENTURY PARADISE.

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13.

The Purchasers shall not park any vehicles in any part of the Schedule A
Property, except in the parking area which shall be specifically allocated and
earmarked for the Purchasers.

14.

The Purchasers shall sign such papers, NoCs, declaration, etc., as may be
required by the VENDORS/ Association of Owners at the time of taking over
possession of the Schedule C Apartment or later, as and when required.

15.

The Purchasers shall not do any act that may be against any law, rule, regulation,
bye law of the BDA/ BBMP/ CMC/ other statutory authorities or any obligation
agreed under any contract and the Purchasers shall be solely responsible for all
consequences of any offence or breach thereof and the Purchasers shall
indemnify other apartment owners who may suffer due to any such acts of
omission or commission of the Purchasers.

16.

The Purchasers covenants and agrees that the VENDORS will be entitled to sell/
transfer the development right of the Schedule A Property to any other person or
property or as may be permitted under any provisions of law. The VENDORS in
either of the aforesaid cases will not be required to pay any amounts to the
Purchasers or any one claiming through the Purchasers.

17.

The entrance to the Schedule A property, the roads/ drive ways in the Schedule
A Property may be provided by the VENDORS as a permanent right of way or
otherwise to any of the neighboring properties agreed to be purchased,
developed or owned by the VENDORS.

18.

The Purchaser shall allow at all reasonable time the service/maintenance

personnel and/or members of facilities team of the VENDORS to Schedule C
apartment for inspection/repairs/servicing or such related issues pertaining to
the Purchasers unit or any other unit/s in the building which requires to be
repaired or serviced from within Schedule C Apartment.

14

IN WITNESS WHEREOF the VENDORS and the Purchasers hereto have hereunto put
their respective signatures on the day and year first hereinabove written.

SIGNED AND DELIVERED by Authorised Representative

of the VENDOR above named at Bangalore

SIGNED AND DELIVERED by Authorised Representative

of the DEVELOPER above named at Bangalore

SIGNED AND ACCEPTED by Mr. Pradeep Shenoy K &

Mr.Rathnakar Shenoy K & Mrs. K Sita R Shenoy
the PURCHASERS above named at Bangalore
WITNESSES:
1)

2)
Drafted by:

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FORM B
[See Rule 4]
Form of Declaration
I, Mr. Pradeep Shenoy K, aged about 24 years, S/o. Mr. Rathnakar Shenoy and
Mr.Rathnakar Shenoy K, aged about 72 years, S/o. Mr.Panduranga Shenoy. K
and Mrs.K Sita R Shenoy, aged about 64 years, W/o. Mr. Rathnakar Shenoy,
Residing at: Door No.4-351-K4, 2nd Cross, Hayagreevanagar, Indrali,
Udupi -576 102.
hereby declare that We are the first/present owners of apartment No.C-103 on the First
Floor in C Block of a building already constructed called as CENTURY PARADISE
situated in Property bearing khata No.310/115/3, carved out of Survey No.115/3, at
Kammanahalli Village, Begur Hobli, Bangalore South Taluk, Bangalore.
1. We have derived title to the said apartment by a Sale Deed bearing date
19/10/2012 between M/s CENTURY PARADISE and us.
2. WE hereby declare that my heirs, executors, administrators and assigns and the
said apartment referred to in paragraph 1 of this Declaration, shall hereafter be
subject to the provisions of the Karnataka Apartment Ownership Act,
1972(Karnataka Act 17 of 1973), AND ALL AMENDMENTS THERETO, AND
WE FURTHER DECLARE THAT WE SHALL COMPLY STRICTLY WITH THE
COVENANTS CONDITIONS AND RESTRICTIONS SET FORTH IN THE
Declaration and with the bye-laws forming part thereof, and attached hereto, as
Exhibit B and with the administrative rules and regulations adopted pursuant
to such bye-laws ( as either of the same may be lawfully amended from time to
time) as in the Sale Deed .
Solemnly affirmed /sworn at Bangalore aforesaid, the Nineteenth Day of
October 2012.

DECLARANTS

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