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Mukat
Tierd y the thuder ant hudenent uf the t eafited huedichal Magiattnte e
ae tag1strate C'rt etaput The Appellant prefers thie Appenl # the Follwi,
aengst etter Grunds-
The judgmentof tdhe trial court is bad m law and deerses to be Ret
n*
atgmaent is tunwarranted h the evdedetee on record an the leaned julivial Magrettate huH Initnf
J g n a e n t suffers trom the self suntratictory Findngs. As thhe trial evurt haa t I N That fhin
Aant was mt imnohad in any thett of anv artivle hom the gonlown
Ar t orumstanes ofthe case The Appelant is not gullty of any erlmlnal offenee.
e r . tere is no eye witne testify that the Appellant was present the site of the Theti
T a t pending the hearing and the final disposal of this Appeal, this Honorable court be pleasedt
saythe Exeratien Pruceeding of the sentenceawanded by the Lcarned Judicil Magistrate previding at
Cour Room Na lof Magistrate Court-Belapur.
pending the hearing of this Appeal and the Final Disposal ofthis Appeal, the Ball granted to
theAppelant may please be continued.
4Ay oer order in the interest of the justic*
For this act of kindness, the Appellant shall ever be thankful to this Honourable court and shall
ever pray.
SD
PLACE: MUMBAI GOVERDHANDAS PANDEY
DATE :21" JANUARY. 2020 APPELLANT
SD
ISHWARLAL AGARWAL
ADVOCATE FOR THE APPELLANT
e OVARDHANDAS PANDEY.
.APPEALANT.
ANORAMA APARATMENTS. ********4issnussdedAP
(ORIGINAL ACCUSED)
V/S.
..RESPONDENT.
sTATE OF MAHARASHTRA
( O R I G I N A L
*******************eeeere*osssdd*d********* C O M P L A I N A N T )
.
BELAPUR POLICE STATION)
HROUGH
TO.
JUSTICE AND
THE CHIEF
OTHER PUISNE JUDGES OF
HIGH COURT.
THIS HONOURABLE
PETITION OF THE PETITIONER ABOVENAMED.
THE HUMBLE
MOSTRESPECTFULLY SHEWETH:
2020 passed by the -
PLEASED
HONOURABLE COURT BE
PRAYED THAT THIS
I s THEREFORE
Trial court
the judgment of the
the for hearing. and after hearing the Appellant. he be acquitted.
.foadmt appeal be set aside and
sentence on the Appellant,
ecording the conviction and imposing
Honourable court be plcased to
of this Appeal, This
2. That pending the hearing and the final disposal
Learned Judicial Magistrate presiding at
the Evecution Proceeding of the sentence awarded by the
stay
count Room No. 32 of Magistrate Court - Belapur.
of this Appcal, the Baii granted to
That the of this Appeal and the Final Disposal
pending hearing
the Appellant, may please be continued.
SD/
GOVERDHANDAS PANDEY
PLACE : MUMBAI
APPELLANT
DATE:23rd JANUARY,2020
SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE APPELLANT
REVISION"
INTRODUCTION
the High Court of the Sessions
The term 'Revision' under criminal law means calling of records by
inferior Criminal Court situated
Court and examine the record of any proceeding before any
the correctness, legality or
within its local jurisdiction, for the purpose of satisfying itself as to
or passed, as to the regularity of any
propriety of any finding, sentence or order recorded
proceeding of such inferior Court.
While calling for such record, it may also direct the execution of any sentence or order to be suspended,
his own bond, pending the
and if the accused is in confinement, that he be released on bail, on
examination of the record.
Section 397 of Code of Criminal Procedure deals with the provision of Revision.
a
Note: If an Application is made by any person to the High Court, then such person cannot make
further Application to the Sessions Judge and vice-versa.
Nowan 187. Mokal.
Application lor RevISIon made to a
Author- Praf, Prakash K.
court is drafted as der
sION
REVISI
APPLICATION BEFORE TIE SESSIONS
IN
COURT:
THE COURT OF
SESSIONS AT THANE
CRIMINAL REVISION NO :6OF 2020
. GOVARDHANDAS PANDEY.
B-58, MANORAMA ADANDEY
NORAMA APARATMENTS,
APUR, NAVIMUMBAI-400614,
REVISIONIST.
(ORIGINAL ACCUSED)
VIS.
STATE OF MAHARASHTRA
( T H
THROUGH, BELAPUR POLICE
STATION). *******e***oceseeeseo
.RESPONDENT.
(ORIGINAL COMPLAINANT)
Mayit please your Honour:
This
Learned
Criminal Revision is preferred Against the Judgment Dated 19th
Judicial Magistrate presiding at January, 2020 passeu
Criminal Cas
Case No: 222 Court Room No. 32 of Magistrate Court-Belapur, in the
MAH
of 2020 between VIS. STATE OF
AHARASHTRA (THROUGH BELAPUR POLICEERDHANDAS
STATION) PANDEY
u/s 379 IPC, convicting the
Appellant unaer tne aroresaid Section and Sentencing him to undergo 3 years of Imprisonment d
fine of Rs.1000/-
2) The Judgment is unwarranted by the evidence on record as the learned Judicial Magistrate has tailed
to appreciate the Evidence on record.
3) The Judgment suffers from the self contradictory findings, as the trial court has found that the
Revisionist was not involved in any theft of any article from the Godown.
4) Under the circumstances of the case, the Revisionist is not guilty of any criminal offence.
5) Moreover, there is no eye witness to testify that the Revisionist was present at the site of the Theft.
SD/
GOVERDHANDAS PANDEY
PLACE: MUMBA REVISIONIST
DATE2"FEBURARY,2020.
SD/
ISHWARLAL AGARWAL
COURT:
REVISION APPLICATION BEFORE THE HIGH
JUDICATURE AT BOMBAY
IN THE HIGH COURT OF
CRIMINAL REVISION JURISDICTION.
CRIMINAL REVISION NO : 2786 OF 2020.
BY THIE
REVISION AGAINST THE JUDGEMENT PASSED
BELAPUR
LEARNED JUDICLAL MAGISTRATE COURT
AND
C.R. NO.222 of 2018 DELIVERED ON 19th
IN THE MATTER OF CONVICTION IN THE
JANUARY, 2020.
MR.GOVARDHANDAS PANDEY.
B-58, MANORAMA APARATMENTS,
...REVISIONIST.
BELAPUR, NAVI MUMBAI-400614......
(ORIGINAL ACCUSED)
V/S.
STATE OF MAHARASHTRA
. RESPONDENT.
(THROUGH BELAPUR POLICE STATION)...
(ORIGINAL COMPLAINANT)
TO,
THE CHIEF JUSTICE AND
OTHER PUISNE JUDGES OF
THIS HONOURABLE HIGH COURT.
H EH U M B I E
Being
grieved by the ord and Judgment of the Learmed Judicial Magistrate presiding at Court Koom
No. 32 of - the
9 of Magistrate Court icatíon on
Belapur, the Revisionist this Revision Applic
Followingamongst other Grounds prefers
) Thejudgment of the
udgment trial court is bad in
law and deserves to be set aside
The Judgment is has tailea
The Judgment unwarranted by the evidence on record as the learned judicial Magistrate
appreciatethe Evidence on record.
to
3) The Judg the
The Judgment suffers from the self contradictory findings, as the trial court has found that
Revis nist was not involved in any theft of any article from the
godown.
Under the circumstances ofthe case, the Revisionist is not guilty of any criminal offence.
9 Moreover, there 16 no eye witness to testify that the Revisionist was present at the site of the Ihe
Trial Court recording the conviction and imposing sentence on the Revisionist be set aside and he
be acquitted.
2. That pending the hearing and the final disposal of this Revision Application, this Honourable court
be pleased to stay the Execution Proceeding of the sentence awarded by the Learned Judicial
Magistrate presiding at court Room No. 32 of magistrate Court- Belapur.
3. That pending the hearing of this Revision Aplication and the final disposal of this Revision
Application, the Bail granted to the Revisionist may please be continued.
For this Act of kindness, the Revisionist shall ever be thankful to this Honourable court and shall
ever pray.
SD/-
PLACE MUMBAI GOVERDHANDAS PANDEY
DATE 141H FEBURARY,2020 REVISIONIST
SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE REVISIONIST
190. Author-Prof Prakash K. Mokal.
"WRIT PETITON"
2. MANDAMUS:
Mandamus means
the "command". lt is an order issued by the Court to a public authority, asking it to
it by the Constitution or by any other law.
perform a public duty imposed upon
Mandamus is a judicial remedy which is in the form of an order from the Superior Court (The
Supreme Court or the High Court) to any Government, Court, Corporation or the Public Authority to
do or to forbear from doing some specific act which that body is obliged under law to do or refrain
from doing. as the case may be, and which is in the nature ofa public duty and in certain cases of a
Statutory duty.
3.PROHIBITION:
A Writ of Prohibition is a judicial Writ. It can be issued against a judicial or the Quasi-judicial
vested in it.
authority. Where such authority exceeds its jurisdiction or tries to exercise jurisdiction not
A Writ of Prohibition is an order directing an Inferior Tribunal forbidding or from continuing it
with proceeding on the ground that the proceeding is without or excess of jurisdiction or contrary to the
laws of the land, statutory or otherwise.
4. CERTIORARI:
Certiorari means "to certify". It is so named as in it's original form it requires the judge of any inferior
court of record to certify the record of any matter in that court with all things touching the same and to
send it to king's court to be examined.
It is an order issued by the High Court to an inferior court or any authority exercising judicial or quasi-
judicial functions to investigate and decide the legality and validity ofthe orders passed byit.
5.QUOWARRANT0:
Quo Warranto literally means "what is your authority ?". It is a judicial remedy against the occupier
or usurper of an independent substantive public office, franchise or liberty.
If the holder has no authority to hold the office, he can be ousted from its enjoyment.
Drafing of Writs before the High Court and the Supreme Court is hercby presented.
*222 OF 2018
STATION
2018 BELAPUR
1 POLICE
rsH SARAN KHURASIA
MANOR
ORAMA APARATMENTS,
APUR, NAVIMUMBAI-400614.. *** . . . PETITIONER
V/S.
TE OF MAHARASHTRA.
H BEL
ROUGH BELAPUR POLICE
STATION).... RESPONDENT.
CHIEF JUSTICE AND
oTHERPUISNE JUDGESs OF
o ONOURABLE HIGH COURT.
, That the F.l.R. in this case is lodged by the Respondent at the instance of MADHURI SAXENA.
4. That the Respondent Madhuri Saxena is married to Atul Kumar Saxena in 2002 and by that time
she has become an Advocate.
5, That Madhuri Saxena lodged the complaint against her own father and mother of being beaten and
subhjected to eriminal intimidation on 14.6.2017.
6. That on 16.6.2015 Madhuri saxena gave an application against her own parents to the Distriet
Magistrate alleging cruelty and immorality against them.
1. That the respondent Madhuri Saxena gave divoree to Atul Sexana in August, 2019.
%. After that Madhuri Saxena married one
Yogesh Khurasia who is also a married person and have a
Uving spouse which the respodent knew very wel
.Thereafter, differences arose between the petitioner and the respondent, and the respondent filed the
mplaint with the Belapur police station u/s. 498A and Section 494 1.P.C.
0.
Thatthe second marriage of Madhuri Saxena is null and void as per Hindu Marriage Act, 1955,
She married with the person having living spouse.
192. Author-Prof.Prakash K.Mokal,
wife between the Respondent and
Under the circumstances, there is no relation of husband and
Yogesh Khurasia.
the second wife is not competent to
4hat the offence u/s. 494 1.P.C. cannot be investigated as
AMONGST OTHERS
THAT THE PETITIONER IS FILING THE PRESENT WRIT PETITION
FOLLOWING GROUNDS -
1) That no offence u/s. 498A and Section 494.1PC are disclosed against the petitioner.
2) That the FIR is malafide and lodged against the petitioner for ulterior purposes.
That the second wife cannot prosecute her so-called husband for bigamy u/s. 494 IPC.
3)
4) That Section 498-A IPC does not apply to the bigamous marriage.
5) That the FIR and the investigation are illegal and liable to be quashed.
THE PETITIONER THEREFORE HUMBLY PRAYS AS UNDER THAT:
1. A WRIT OF CERTIORARI and direction or order in the nature of CERTIORARI quashing the
F.l.R. and the investigation under C.R. NO : 222 OF 2018 OF BELAPUR POLICE STATION.
2. Any other Writ direction or order which the Honourable court deems fit and proper in the
SD/
PLACE: MUMBAI YOGESH SARAN KHURASIA
DATE: 14" JANUARY, 2019 PETITIONER
SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE PETITIONER
VERIFICATION-
I, YOGESH SARAN KHURASIA of Navi Mumbai, Indian inhabitant, the petitioner above named,
residing at B-58, MANORAMA APARATMENTS, BELAPUR, NAVI MUMBAI-400
solemnly declare that, what is stated hereinabove is true to the best of my knowledge and belief andI
believe the same to be true.
IN THE AND
MATTER TO EFFACE THE SEC. 309 OF IPC 60
[45 OF
P.SANTHANAM
36,
ROHINI MAULANA AZAD ROAD,
DELHI-110 001.... ***** **** *********o*eseesceseceee*eeseseeo**esssc**e***on9***** ...PETITIONER.
VIS.
UNION OF INDIA
PARLIAMENT HOUSE
DELHI-110001.... .RESPONDENT.
**********s***o****ssesseesssees*sseeeseesessosenseeean*ssoseeoe *
TO,
THE HONOURABLE CHIEF JUSTICE AND
OTHER HONOURABLE PUISNE JUDGES OF
THIS HONOURABLE SUPREME COURT.
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED.
is the duly elected Government and the present in-charge of the governance of the
2) Respondent
Union of India.
3) The Petitioner humbly states that Sec. 309 of the Indian Penal Code [IPC] (45 0f 1860) is violative
of the Article 21 of the Constitution of India.
5) Your Lordship, I would like to draw your attention in the point of suicide. Why the person commits
suicide? What makes a person to do an act that will destroy the most valuable gift of God ie.
"Life" What is the state of mind of a person who has attempted to commit suicide? Human body is such,
that it cannot sustain even the slightest of the pain inflicted upon it, then how the person who wants to
commit suicide inflicts so much pain upon the body? And what makes him inflict that pain, And he
commits the sin of life?.
Prof. Prakash K. Moka
194 Author
with Hfe, for whom ife hae gnt no meaning ny
more
dehip.
ommitk scide
a
A pereon fotwho
pereon geteworld
w hom fednpcomes to an end commits enieide A persem for whem hf
commit suicide.
1)tis such a state of mind where the person has a very strong feeling that he has lost everything in life
he has nothing to gain but everything to lose, and in such a condition of mind, inflicting a punishment is
Just the addition to his mental agony.
12) Such a person does not deserve to be punished, rather he is required treatment to come out of that
13) Your Lordship, life does not mean only animal existence. Life means a happy and a dignified life
14) Us. Sec. 309 1PC, A Person who has attempted to commit suicide is punished with imprisonment
upto one year does not serve any purpose. It is not a corrective measure. What is required is to change
the state of mind of the accused who has attempted suicide.
15) Punishment inflicted upon such a person is just punishing the person again, which is highly unjust
and irrational.
16) Your Lordship, this Honourable Court in the case of INDERJEET V/S. STATE OF UTTAR
PRADESH, ALR. 1979 S C 1867 (1980) 1 SCC 255 has held that, procedure established by law
should not be arbitrary, unfair or unreasonable.
This Honourable Supreme Court has held that, if there is a law that deprive a person his life and
libertyu then it should be reasonable, fair and just, and not arbitrary, whimsical and fanciful.
17) Your Lordship, it should be noted that, though Article 21, in its grammatical form appears to be
negative by the Judicial interpretation, it has been given positive efeet.
18) Life in Article 21 is not merely the physical aet of breathing. Life is lived at many levels. The soul
inspires and fills up the mind with speech. While the extenal mundane activities of life have their own
Moka.
Prakash K.
olace,ney are
anifestalions of
being lives.
an
inner, unscen, 195. Anhor-Pref,
indeed is the
real lite, tnat
depth
a Human
they do
Though,
ke note
taka Judicial decisions
un nperceived activity,
1onson
which
and
t h e Honourable Coded in
in cases by the Honourable High
various cases
theme
the year
1987, inin the Case of
1987,
in
ARUTI SHRIPATE DUBAL
MARUT
atempts, because those who make the suicide attempt on account of mental disorders require psychiatricC
treatme
ent, and not confinement in the prison cells where their condition is bound to worsen leaaing
of acute
further mental derangement. Those on the other hand, who make a suicide attempt on account
disablement
hvsical ailments, incurable disease, torture, decrepit physical state induced by the old age or
need nursing homes and not the prison to prevent them from making the attempts again. No deterrence
to hold K nese who want to die a special or the political cause or to leave the wO
is further going
either because of the loss of interest in life or for self deliverance. Thus, in no case does the punisnin
serve the purpose and in some cases it is bound to prove self defeating and counter-productive.
in tne
20) Your Lordship, prior to the case of Maruti Shripati Dubal in the year 1985 Delhi High Court
case o
2) Your Lordship, in the year 1994, a Division Bench of this HonourableSupreme Court presided
over by the Honourable Justice R.M. SAHAI and Honourable Justice B.L. HANSARIA. In the case
of-
P. RATHINAM PATNAIK V/S. UNION OF INDIA
AIR 1994 SC 1844
Upheld the verdicts of both, the Bombay High Court and the Delhi High Court in the above
mentioned two cases, and held that Section 309 IPC is violative of Artiele 21 of the Constitution of
India and said, "It is a cruel and irrational provision". The Honourable Supreme Court expanding the
scope of Article 21 of the Constitution of India upheld that "Right to life" includes "Right not to live a
forced life" i.e. to end one's life if one so desires. The Honourable Supreme Court further said that a
Person who attempts to commit suicide does not deserve punishment because he has failed to commit
196. Author-Prof. Prakash K. Mokal
u/s. 309 IPC will make his life more painful and it may result n
suicide, In fact, Punishment
has suffered agony and wOuld be undergoing humiliation because his
punishing a person again, who will make the determination of committing suicide
failure to commit suicide. The punishment more
that there can be no justificalion to prosecute sacrificers of their lives, thev do snot
stnng. The court said
wise
counseling ot a psychiatrist required, and not stony deali.
ealing
deserve punishment, rather, soft words,
treatment meted out by a heartless prosecutors. The Court said that th
by a jailor following harsh ultra vires to Article 21 as "No
suicide is unconstitutional and erson
punishment for attempted or dislike.
his detriment, disadvantage
shall be forced to enjoy life to
Article 14 of the Constitution of India
309 IPC is also violative of ch
22) Your Lordship, Sec.
reads as under:
equality before the law or the equal protection of laws laws
The state shall not deny to any person
within the territory of India".
Sec. 309 IPC puts the hardened criminals and the mentalh
Sec. 309 IPC treats all unequals equal.
as
While giving punishment to person
suicidal tendencies in the same footing.
agonized persons having difference between the mentall
Sec. 309 IPC does not make any
who has attempted suicide bars to intermingle with each other
eriminal. Both are put behind the
frustrated person and a habitual and as such, Sec. 309
his state of mind and the agony he going through,
1s
Law does not have regards to in life cannot be forced to live
irrational and violative of Article 14. A person who is suffering
IPC is
his life and suffer more.
RATHINAM PATNAIK VISs
Honourable Supreme Court in the
above mentioned case of P.
23) The irrational provision and violative of
Sec. 309 IPC is cruel and
UNION OF INDIA has held that the
and does not treat unequals as unequally.
Article 14 of the Constitution of India
the attempt to commit suicide
is not against the religion or
24) YourLordship, the act of suicide or circumstances. This is evident
in Ancient India in certain
morality. Infact, suicide was permissible
that:
from the statement of Manu, Where he says i.e. by drowning, burning or by
his body by one of the ways
A Brahman having got rid of world of Brahman free from
starvation are the ways practiced by
the great sages was exalted in the
sorrow and fear.
said "A
may man undertake the
while commenting on Manu has
25) Baudhayana and Kulluka which ends in death, when he is an incurably diseased,
Mahaprasthana (Great departure) journey
a
rules.
and that, it is not opposed to vedic
or meets with a great misfortune,
VERIFICATION-
1. P. SANTHANAM of Delhi, Indian
inhabitant, the
Petitioner above named residing at 36, ROHINI
MAULANA AZAD ROAD, DELHI-110 O01 do solemnly declare that what is stated hereinabove is true
to the best of my
knowledge and belief and I believe the same to be true.
Solemnly declared at Delhi this 14" OF JANUARY, 2020.
SD/-
PLACE DELHI P. SANTHANAM
DATE: 14JANUARY, 2020. PETITIONER
198.
Author-Prol, Frakush K,K. Mokal.
PART-II
CONVEYANCING"
Movable the
can be created, traned
which an interest in a property
Conveyancing can be described as an act by
transferred in many ways i.e. by Sale, M
sferr
immovable property can be
extinguished. The the transaction should be in writing. But when th"Rags
Gift, Will, In every such transfer,
Lease, etc.
can be transferred orally without any writine
is less than Rs. 100/-, then the property
the property
Rs.100/- in value, the transaction should be in writinhen
the property to be transferred is more than
where the importance of Conveyancing ariSes.
tn this part of Conveyancing, we shall sce how the conveyancing is effected by various modes.
INTRODUCTION
Agreement For Sale is defined u/s. 54 of the Transfer of Property Act, 1882 as "A contract
(agreement) for the sale of Immovable Property is a contract that a sell of such property shall take
place on terms settled between the parties".
It should be noted that the Agreement For Sale does not, of itself, create any interest in
such property.
or charge on
geforea nA g r
ement For Sale is made, 192 K. Mokal.
Author-Pref,Prakash the sale of
atnd discuss the terms the partics viz. Vendors
perty, and
and Purchasers
Vendors and
for
negotiate for
and by the
and condisv17, he Vendor sell,
o buy the property, )ne conditions of the
th Vendor to
buy
nce the by the enter into
the to
i tween
Daleo n
executed is to be mentioned.
)Parties:
Nanesof the parties and the addresses should be mentioned i.ctthe Vendor's and the Purchasers.
Recital clause:
two
types 1)
They are of Narrative and 2)
a Narrative Recital: Inroductory.
Itsets out he title of the Vendor to the property by tracing the title from the
h)Introductory Recital: origma
It indicates the occasion or the reason or
the execution of the Agreement. object leading to
The Recital clause always starts with the word "WHERE AS"
TESTATUM CLAUSE:
'T STARTS WITH "NOW THIS DEED WITNESSETH..."
An) OPERATIVE CLAUSE:
This is the main part of the Agreement which gives what, when and where of the Agreement.
6b) PARCELS:
It gives the Description of the property given in the Schedule
6d)COVENANTS
Generally, FOUR COVENANTS are incorporated in the conveyance. They are as under
) The Covenants as to Right to Convey.
i) The Covenant for quiet enjoyment.
i) The Covenant against enjoyment.
iv) The Covenant for further assurances.
CRIBED NIS HANDS AND THE SEAL TO THIS AGREEMENT FOR SALE THE DAY
AND1EAR FIRST HEREINABOVE WRITTEN"
9) Signature of parties:
The signature of the parties to Agreement are there
10) Attestation clause
The Agreement for Sale to be attested by two witnesses.
An Agreement For Sale is Drafted hereunder, based on the facts hereunder written:
EACTS-
RAMSINGH YADAV is the owner of a flat namely Flat No.5 in VRINDAVAN CO-OP HSG. SOc.
LTD. ADMEASURING ABOUT 750 SQ.FT. his ownership is evidenced by the SHARE
CERTIFICATE NO.8 bearing FIVE SHARES NUMBERING 251-255. Ramsingh Yadav wishes to
sell this flat to MR. SHYAMSINGH KHURANA for a total consideration of Rs. 60 lakhs, it is agreed
that Rs. 10 1akhs would be paid as earmest money at the time of execution of the Agreement of Sale, and
the balance of Rs. 50 lakhs would be paid on execution of the conveyance.
It is agreed that Mr. Ramsingh Yadav shall obtain the necessary N.O.c. from the society.
BETWEEN
AND
WHEREASS
Prakash K. Mokal.
Vendor is the owner of
Flat No.5 201. Author-Prof. known
of building
hEREST" (hereimalter referved acdmmensuring u t 750 2d noor
o square feet on
the second
floor
er
" * \
to Flat No. 5 on
reterrecd to
"the said as"the as sNaid lding") and the
Building"):
described in
the schedule
erer written, and delineated on theFlat") and which is mo particularly surrounded by the Red
hereuna
AND WHEREAS
endor is entitled to
The Vend now
absolutely seized and possessed of, and is otherwise
otherwi well and sufficiently
the said
Flat in the
Building of hpOSsessed
the said Building of the said
Society.
AND WHEREAS
The Vendor herein has agreed to transfer, and the Purchaser has agreed to acquire all rights, title and
interest of the vendor in the said Flat and the said Shares with all legal consequend including the right
of occupation, including his right, title and interest in the said Flat for a total consideration
of RS.
Vendor in the said Flat including the entire interest of the Vendor in the said Society.
1. The Vendor doth hereby agrees to transfer unto the Purchaser and the Purchaser doth hereby agrees to
purchase and acquire all the right, title and interest of the Vendor in the said Society including the said
Flat admeasuring about 750 Square Feet of built up area on the 2ND floor of the building known as
EVERERST belonging to the VRINDAVAN CO-OPERATIVE HOUSING SOCIETY LIMITED
situated at PLOT NO 15, CHEMBUR, MUMBAI 400 074 together with the said Shares beaning
Distinctive Nos.251 To 255 (both inclusive) allotted under Share Certificate No.8 and all the right of
the Vendor as to the use, occupation and enjoyment and ownership of the said Flat together with all
rights, title and interest of the Vendor in the said Society for a total consideration of RS. 60,00,000/
(RUPEES SIXTY LAKHS ONLY)to be paid by the Purchaser to the Vendor in the manner hereinafter
mentioned.
2. The said consideration will be paid by the Purchaser to the Vendor that is to say: RS. 10,00,000/- (TEN
LAKHS ONLY) paid on or before execution of this agreement as Earnest Money (the payment and
receipt whereof the Vendor doth hereby admit and acknowledge and acquit, release and discharge the
Purchaser from the payment and receipt thereof and every part thereof) and
Balance consideration of RS. 50,00,000/- (RUPEES FIFTY LAKHS ONLY) will be paid
execution of the Sale Deed and against the delivery of vacant and peaceful possession of the said Flat by
the Vendor to the Purchaser.
3. It is agreed that, in the event of any delay or default by the Purchaser in making payment of the balance
consideration on the due date, the Vendor shall be entitled to give seven days notice in writing to the
P'ue haset vak iny in iw rhene ofthe contract, and
202.
ote pettnl, then in ihat vent this Agpreement shall h
fofest the camed muaey f
eeterminat
Pure
RS, 0,00,000/- (RUPERS
Aut
huserhorIan
the execution hereot
4. it is agreed between ihe partien that, if there is anu
ES
EN LAKlcd an (ONIihe
rol.Pruu
perfonming his part of the vntravt then the Purchaser dela or dc
Agreement together wih ight lo elaim costs, charges andshall
Mut
exDere.led t
5 The Vendor hoth hevby levlare and covenant with ih
encumbrances of any alure whatuoover, and that the
Flat and has full right and athoty toaanign and transfer has ull VendorPurchaserth
his entirefull
the
the said Flat and the said Shavea to the Purchaner right, title
intereut n
the ittefr fr
The Vendor has roecnted to (he l'urohauer saud e
That the Vendor has pail all
the hios anut oulgoings in reupect A
the said
That the said Flat ia ree from ll enoumbrancos Flat up to
date
hat the said Flat belonga to the Vendor abuolutoly and that no
ae ar merest whatsoever, therein by way of Nialo, gil,
Cxchan person or person
i shares said flat inheritance, lense
s have at
9.hasThat the Vendor declarcs that his Membership of the said Society is subsisting and is in full fonce and
not been terminated.
Vendor has represcnted to
0 . The Vcndor
shall
in
respect of thi
not be liable to pay the paid DY the
ity or duties in respect
stanm duty o r
respect o
Vendor doth hereby undertake to
hand over all the
concening the said Flat to
the
aa 00.000/-(RUPEES FIFTY LAKU n s r against
Purchaser
documents inchuding share cer
00/-(RUPEESFIFTY against receipt
LAKHS ONLY).
the
the receipt of the halance consideration
o
of R
N WITNESS WHEREOF, BOTH THE VENDOR AND THE PURCHASER HERETO HAVE
HERE UNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS ON THIS AGREEMENT
FOR SALE AT MUMBAI ON THE DAY AND MONTH HEREINABOVE WRITTEN.
SIGNED AND DELIVERED
1. KISHORE SHARMA
2.VIJAY CHAUHAN
RECETPT:
Received of and from the withinnamed P'urchaser Shri.
10,00,000/ (RUPEES TEN LAKHS ONLY
SHYAMSINCE
earnestmoney
about 750 square fect on 2" Moor of building known as "EVERESTPurc KHURANA
a sum of
I say Received.
WITNESSES VENDOR
1. KISHORE SHARMMA
2.VIJAY CHAUHAN
SA LE"
or
S ALE DEED
Sale is a transfer on the
ownership in exchange for a price paid or
promised. promised or part paid and part
Such Sale in the case of
or in the case of a
tangible immovable property of the value of one hundred
reversion or other intangible Rupees and upwards,
thing, can be made only by a registered instrument.
In case of the tangible immovable
be made either by a property of the value less than Rupees one
registered instrument or by delivery of the property. hundered, transfer may
f tangible immovable Mokal.
205 Author-Prof.Prakash K.
pelveryoftan
ion of the
Airects, 1n possessic
property takes place
lce when the s the buyer or such person
as he
property. The hparts ofe
seller place
Sale Deed are almost similar to the Agreement l0
the S
S a l e
SALE DEED"
TH
SALE DEED IS MADE AT MUMBAI ON THIS 7THIDAY
DAY OF
OF MARCH,
MARC, 2020.
B E T W E E N
NGH YADAV
RAMSINGH YA
of Mumbai,
CO-OP HSG, Soc Indian
n residing at FLAT NO.5, EVERES,
Inhabitant, residi
RINDAVAN O LTD., CHEMBUR, MUMBA 400 074. hereinafter referred to as
E TRANSFEROR" (which
of be deemed to include his expression shall, unless it be
heirs, executors and administrators) gnant to the
repugn
context or meaning
t ONE PART.
of the
rators) of
AND
WHEREAS:
) The Transferor is the owner of Flat No.5 admeasuring about 750 square feet on 2 floor of
builang
known asEVEREST" (hereinafter referred to as "the said Building") (hereinafter referred to as the
saidFlat and which is more particularly described in the schedule hereunder written and delineated on
the plan thereof here to annexed and shown surounded by the Red coloured Boundary to this
agreement) belonging to VRINDAVAN co-OP HSG. soC. LTD. situated at PlLOT NO 15,
CHEMBUR, MUMBAI 400 074 and he is the member of the VRINDAVAN CO-OPERATI
HOUSING SOCIETY LIMITED, registered under SERIAL NO. 246 OF 1995 (hereinafter referred to
as "the said Society")
2) As a member and as the owner of the said flat in the Society he was allotted five fully-paid-up shares of
the said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing Distinctive Nos.251 To
255 (Both Inclusive) under share certificate No.8 (hereinafter referred to as "the said Shares"). The
Transferor has agreed to sell and transfer to the Transferee, and the Transferee has agreed to purchase and
acquire all rights, title and interest of the Transferor in the said Share Certificate No.8 and in Flat No.5 on
the 2nd floor of Building known as EVEREST IN VRINDAVAN CO-OP HSG. SOC. LTD. situated
ON plot No 15, CHEMBUR, MUMBAI 400 074. on the terms and conditions hereinafter contained.
3. The Transferee has Paid to the Transferor the consideration of RS. 10,00,000/- (RUPEES TEN
LAKHS ONLY) on execution of Agreement for Sell Dated : 7h February, 2020, as Earnest Money
(the payment and receipt whereof the Vendor doth hereby admit and acknowledge and acquit, release and
discharge the Purchaser from the payment and receipt thereof and every part thereot) and before the
execution of this Deed of Conveyance.
1 transfer of the said hares an
206. lor the
sociely
sniel
conseni ofthe
obtained the and all other
4. The Transferor has an
to61letter.
forms
Transfer
and the
aid
saic Shares.
and Premiscs
the
5. The Transferor has exe
eNCeuted
under said
required transfer
of the
documents and writ
itings
as
cflectal ll be borne and
shall
for the Sale Decd
of this
bye-laws of the said socicty in respect said society
in r e s p e c t i d
the
payable payabic to the
egistration
charges Donation and the Transferor
Tr
Transferce
in cqual
and fee/premium/ the
6. The stamp duty transfer paid by
alone. The b o n e and
be
Dy the Transferec premises
shall
transfer said shares/
of the possession qf th..
vacant
and pcaceful
proportion.
Transferee
the documents taining
pertain to the
other
to the and all the Tranc
Transferor has handed over
said share
certificate
execute
these presents
which
nsferor
.The
of the to
with the original Transferor
the
premises along T r a n s f e r e e has
requested
and the
premises. hereinafter appearing.
to do in the
manner
has agreed
WITNESSETH AS FOLLOWS:
INDENTURE and in consideration the
NOW THIS dated 7" February, 2017,
the Transferee to
for Sell paid by the
LAKHS ONLY) receivahla ?
aforesaid
Agreement
1. In of the
pursuance
(RUPEES
FIFTY
balance of the
full by consideration
cleared al dues ts
exerntion of
naTslerdeed in
respe
e c t of the said Premisee till the date of
, 7he
ansferor further declares that
the said shares mater
htigation, nor the same are ares and the said Premises are neither the ubject
And
"any
therwise,
attached "in nthee execution
exed of any decree whether of
(iowernment or
use
iCupation inin respect of
of the
the said
said D
Premises.
The Transtsferor has not contracted the
to
pretnises shares are free from all sell/transfer the said Premiscs/shares to any other persot a
sad
encumbrances, liens, charges ofany nature whatsa
he Transteror covenants with
the Transferec indemnify
T ransferor shall inoe
and keep
emnified the Transferee from a e Transferec that the Transferor
and against all ctions, claims, demands, charges etc. falling due prior
Ttion of these presents in respect of the said
shares/Premises
ansferor
1. The Tran: agrees
Reaictra
to accompany the Transferee and/or his legal advisor or his representative to
the oftice
gistrar of Assurance and lodge this transfer deed for registration and admit
execution thereof
12. The Transferee declares that on being admitted as a member of the said society, c
shide by the rules regulations and bye-laws of the said society from time to time in torce
13.The stamp duty, registration charges if any pavable in respect of this deed of transfer and in any one
be executed in ne
docuOcument to future in respect of the said Premises/shares shall be borne and paid by
Transferee alone.
the sar
14. The Transfer to the said society in respect of the transfer ot
premium/charges payable
shares/premises shall be borne and paid by the parties to this Deed in equal proportion.
SCHEDULE OF PROPERTY
All that piece and parcel of Flat No. 5 admeasuring about 750 square feet on 2" floor of building
CHEMBUR,
known as "EVEREST" in VRINDAVAN CO-OP HSG. SOC. LTD., PLOT NO 15,
MUMBAI 400 074, a registered Society under Serial No.246 of 1995 together with five fully-paid-up
distinctive
shares of the said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing
Nos.251 to 255 (both inclusive) under share certificate No.8 and bounded as under:
1. KISHORE SHARMA
2.VIJAY CHAUHAN
SIGNED AND DELIVERED
SHYAMSINGH KHURANA
1. KISHORE SHARMA
2. VIJAY CHAUHAN
RECEIPT:
Received of and from the withinnamed Purchaser Shri. SHYAMSINGH KHURANA a sum of RS.
for the Purchase Flat No.5
50,00,000/ (RUPEES FIFTEEN LAKHS ONLY) earnest money
known as "EVEREST" in VRINDAVAN
admeasuring about 750 square feet on 2h floor of building 074.a registered Society under
CO-OP HSG. SOC. LTD., PLOT NO: 15,CHEMBUR, MUMBAI 400
said Society of the face value of
Serial No.246 of 1995 together with five fully-paid-up shares of the
each distinctive No. 251 to 255 (both inclusive) under Share
bearing
Rs.50/- (Rupees Fifty Only)
Certificate No. 8.
SD/
I say Received
7th March, 2020
Shri. RAMSINGH YADAV
TRANSFEROR
WITNESSES:
1. KISHORE SHARMA
2. VIJAY CHAUHAN