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AGREEMENT TO SELL

This agreement is made here at New Delhi on this 29th day of December
2011;

BY AND BETWEEN

M/s V.G. ESTATES, a proprietorship concern, having its office at 87,


New Mangla Puri, M.G Road, New Delhi-110030, through its proprietor
Mr SACHIN GUPTA, hereinafter called the “FIRST PARTY”, which
expression shall mean and include unless the contest otherwise
requires, his legal heirs successors, legal representatives,
administrators, executors and assigns.

AND

Mr DILIPKUMAR BAJPEI S/O SH. JITENDRANATH BAJPEI, R/o


D-6/6051/7,Vasant Kunj, New Delhi-110070, hereinafter called as the
“SECOND PARTY”, which expression shall mean and include unless the
context otherwise requires, his legal heirs successors, legal
representative administrators, executors, nominees and assigns
Whereas:
I.) The builder/first party has represented to the Second Party as follows:

A. The first party is a reputed firm engaged in to the development,


construction, purchase and sale of various kinds of immovable
properties.

B. Mr. Anjeev Lohia s/o Sh. Rajinder Lohia r/o Vilage and post office
Ghitorni, New Delhi-110030 is the general attorney of and appointed by
Mr. Rajinder Lohia s/o Late Sh. Amrit Lal who is the absolute and
exclusive owner of the Plot of Land measuring 640 sq.yds, out of
Khasra No. 298/1), situated in the revenue estate of Village Ghitorni,
Vasant Vihar, New Delhi by virtue of duly registered Sale Deed dated
28th May 2009.

C. Said Mr. Anjeev Lohia has entered in to an Agreement to sell with the
first party for 2 Three BHK units, 4 Two BHK units and 1 One BHK unit
on Second floor of a multi-storeyed building to be named as Vaidyansh
Apartments.

D. As per the terms of the said Collaboration Agreement the first party
shall be the owner of Second Floor, with common parking in the parking
area out of newly constructed building upon aforesaid plot, and is
entitled and competent to sell or enter into any agreement for sale of
its aforesaid portion before, during or after the completion of the
construction in any manner whatsoever to any person or to enter into
any agreement for such sale.
II.) Relying upon the aforesaid representations of builder/first party and
also upon being approached by the builder/first party the second has
agreed to purchase and the builder/first party has agreed to sell a Two
Bedroom Apartment, to be located on the second Floor (SF-5) of
proposed building Vaidyansh Apartments, situated at Plot of Land
measuring 640 sq.yds,, out of Khasra No. 298/1 , in the revenue estate
of Village Ghitorni, Vasant Vihar, New Delhi, having super area
admeasuring 720 sq ft.(approx) hereinafter referred to as “said
apartment”, to the second party, inter alia, on the terms, conditions,
covenants and stipulations and at or for the consideration contained
herein.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and


declared by and between the parties hereto as follows:-

1. The first party has agreed to sell and the second party has agreed to
purchase the said apartment. The first party shall deliver the title and
possession of the said apartment free from all mortgages, charges,
liens, attachments, encumbrances and other legal impediments
whatsoever to the second party. Actual peaceful vacant and physical
possession of the said apartment would be handed over after
completion of construction of said building.
2. The total consideration and/or purchase price shall be sum of Rs. 23,
00,000/-(Rupees Twenty Three Lakhs only) for furnished unit with
wood work and flooring, which is based on the representation that the
total area of the said apartment is not less than the measurement
specified here-in-above. Out of the aforesaid consideration of Rs. 23,
00,000/- (Rupees Twenty Three Lakhs Only) an amount of Rs.
9,50,000/- (Rupees Nine Lakhs and Fifty Thousand Only) being
earnest/booking amount has already been paid by the second party to
first party on 29th December 2011 vide Cheuqe no. 832802 of Rs
4,50,000/-, Cheque no. 832803 of Rs 3,00,000/- and Cheque no.
832804 of Rs 1,00,000/- of SBI, Vasant Kunj Branch, New Delhi and Rs
50,000/-(Rs Fifty Thousand Only) in cash. The receipt of which is
hereby acknowledged by builder/first party.

a) The second party will have to clear the 50% of the total
consideration amount to the first party within 1 month from the signing
date of this agreement, and the balance 50% will be financed through
housing loan from any bank or financial institution which shall be the
responsibility of the first party to procure the loan facility for the second
party for the funding of said apartment, against the security of the said
apartment failing which the first party will be liable to refund the
received money to the second party.

b) The first party will have to handover the papers and possession of
above said flat to the second party after receiving the complete
consideration amount.

3. It is confirmed that relying on the first party’s aforesaid representation


the second party is entering into this Agreement and is paying the part
consideration/earnest money/booking amount as mentioned hereunder.
4. The parties hereto have further agreed that:

I. The vacant possession of the said apartment shall be handed


over to the second party in Two Months and Sale
Deed/Conveyance deed shall be executed shortly thereafter.

The said apartment shall be free from all encumbrances and legal
impediments having a clear and marketable title and it would be the sole
responsibility of first party to obtain all the requisite and necessary approvals
and permissions, if any, from the concerned authorities and to procure the
consent or confirmation of owner and/or any other party, or to do all other
acts, things or deeds necessary to convey a clear, valid and marketable title of
the said apartment in favour of second party or its nominee.

IN WITNESS WHERE OF the parties have set their hands to this


Agreement on the day and year first hereinabove written.

WITNESSES:-

1. FIRST PARTY

2. SECOND PARTY

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