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AGREEMENT TO SELL RELATING FLAT OF A COMPLEX

This Deed of Agreement to Sell is made on this 15th day of June, 20__25__.

BETWEEN

Mr. Rajeev Sharma, son of Shri Mahesh Prasad Sharma, resident of 32, Bank Road, Allahabad, at present residing at Sector 4, Vaishali, Ghaziabad
(Hereinafter referred to as the First Party, which term shall mean and include his heirs, legal representatives, successors, and assigns)

AND

Mr. M.L. Anthoney, son of Late M.V. Lusic,
Mrs. Rinin Anthoney, wife of Mr. M.L. Anthoney,
Both residents of 13/27, M.G. Marg, Civil Lines, Allahabad
(Hereinafter referred to as the Second Party, which term shall mean and include their heirs, legal representatives, successors, and assigns)

WHEREAS the First Party is the exclusive owner in possession of Flat No. F-14, situated on the First Floor of the four-storied building known as Pushpak Complex, constructed over Nazul (now Freehold) Plot No. ‘Z’, Civil Station, Allahabad, bearing Municipal No. 14 (Old) and 18 (New), Elgin Road, Allahabad, having an area of approximately 900 sq. feet (83.64 sq. meters), which is more fully described at the end of this deed and shown bounded in red in the map annexed hereto.

The First Party purchased the said flat from Mr. Amit Goel, son of Mr. Virendra Kumar Goel, via a registered sale deed dated 13.09.2004, recorded in Book No. I, Volume 4669, Pages 153 to 168, Serial No. 9879, on 14.09.2004 in the Office of Sub-Registrar, Sadar, Allahabad.

WHEREAS the First Party, being in need of money to establish himself, has decided to sell the said flat. The Second Party has agreed to purchase the said property for a total sale consideration of Rs. 5,200,000/- (Rupees Fifty-Two Lakhs only), which is a fair market value and acceptable to both parties.

NOW, THIS AGREEMENT WITNESSETH AS FOLLOWS:

  1. Sale Agreement
    The First Party agrees to sell and the Second Party agrees to purchase Flat No. F-14 in Pushpak Complex, as described in the Schedule below, for a total consideration of Rs. 5,200,000/-.
  2. Advance Payment
    The Second Party has paid the First Party a sum of Rs. 1,000,000/- (Rupees Ten Lakhs only) as advance, as detailed below:
    • (i) Rs. 500,000/- via Cheque No. 002345 dated 10/06/2025, drawn on State Bank of India, Civil Lines Branch
    • (ii) Rs. 500,000/- via RTGS/NEFT Transaction ID UTIB1234567890 dated 12/06/2025
    The First Party hereby acknowledges receipt of the said advance amount.
  3. Loan and Mortgage
    The First Party had originally purchased the said flat through a loan from State Bank of India, Cantt Branch, Allahabad, and the original sale deed is currently under equitable mortgage with the said bank. The First Party has already repaid Rs. 4,000,000/- in installments and intends to repay the balance shortly, following which the original deed will be released.
  4. Execution Timeline
    Upon release of the original sale deed from the bank, the First Party shall inform the Second Party in writing, and the Second Party shall, within one month of receiving such notice, execute the sale deed by paying the balance amount of Rs. 4,200,000/-.
  5. Cost of Execution
    All expenses for registration, stamp duty, and legal formalities shall be borne entirely by the Second Party.
  6. Possession
    Possession of the flat shall be handed over to the Second Party at the time of registration of the sale deed.
  7. Specific Performance
    In case the First Party fails or refuses to execute the sale deed without sufficient cause, the Second Party shall be entitled to enforce this agreement by approaching the competent Court of Law for specific performance.
  8. Defective Title
    If the First Party is unable to execute the sale deed due to defective title, the Second Party shall be entitled to claim a refund of the entire consideration paid, along with interest, costs, and damages.
  9. Clear Title Assurance
    The First Party affirms that he has a clear, marketable, and undisputed title to the property agreed to be sold.
  10. Unregistered Agreement
    Due to logistical issues and the First Party being presently outside Allahabad, this agreement is being executed in unregistered form. However, a registered agreement or final sale deed shall be executed as soon as the First Party is available in Allahabad.

SCHEDULE OF THE PROPERTY

Residential Flat No. F-14, situated on the First Floor of the four-storied building named Pushpak Complex, constructed over Nazul (Now Freehold) Plot No. ‘Z’, Civil Station, Allahabad, bearing Municipal No. 14 Old and 18 New, Elgin Road, Allahabad, having a carpet area of 900 sq. feet (83.64 sq. meters).

Boundaries:

  • North – Open space and thereafter 15’ wide lane on the ground floor
  • South – Flat No. F-13
  • East – Open space and thereafter property of others
  • West – Passage and thereafter Flat No. F-12

As shown bounded by red lines in the annexed plan.

IN WITNESS WHEREOF, both parties have signed this Agreement out of their own free will on the date first mentioned above, in the presence of the witnesses below.

Sd/- _____________________
(First Party – Rajeev Sharma)

Sd/- _____________________
(Second Party – M.L. Anthoney)

WITNESSES:

  1. Mr. RAJIV MEHTA, resident of 789, Lakeview Road, Aligarh
  2. Ms. ANITA SRIVASTAVA, resident of 321, Lotus Enclave, Kurnool

Dated: 15/06/2025
DRAFTED BY: Adv. MANOJ TIWARI
TYPED BY: Ms. RITA PRASAD