Legal Question in Real Estate Law in India

I purchased a Cinema theater from a NRI. It have pending cases in court with tenant now i am preparing to register the sale deed So my advocate prepared a Sale Deed Draft but the sub registrar rejecting the sale deed draft Please correct the following sale deed draft

Sale Deed

This Deed of Sale is executed on this day of 20 by Behara Bhaskar Rao, S/o late Satyanarayana Patnaik, aged 70 years, Retired Professor, Hindu, residing at 14, Yanco Close, French Forest, Sydney, Australia, hereinafter called the �Vendor� of the 1st part, being represented by his Special Power of Attorney-holder , S/o aged years, Hindu, , resident of

In favour of 1)Woonna Ramesh Kumar, S/o late Kameswar Rao, aged 42 years, Hindu, Business, resident of Door No.8-3-105, Main Road, Amadalavalasa Town, Post and Taluka, Srikakulam District, PIN � 532 185 and 2)Woonna Anil Kumar, S/o late Kameswar Rao, aged 41 years, Hindu, native and permanent resident of Door No.8-3-105, Main Road, Amadalavalasa Town, Post and Taluka, Srikakulam District, PIN � 532 185, presently residing at 2902145th Street, Urban Dale, IA ZIP 50323, USA, being represented by his Special Power of Attorney-holder , S/o aged years, Hindu, resident of , hereinafter called the �Vendees� of the Other part

The expression Vendor and Vendees include their heirs, executors, representatives and assigns respectively.

Whereas the vendor has acquired absolute title, right, interest and ownership over the asset referred in the Schedule hereunder by virtue of a Registered Will bearing Document/Registration No.5/1984 on the file of Sub-Registrar of Assurances, Amadalavalasa, executed by his father on/dated 14-02-1984, since .

The vendor and his father leased-out the asset under a Registered Lease Deed, executed on 04-09-1982, presented for Registration on 10-09-1982 and Registered as Document No.1632/1982 in Book I, on the file of Sub-Registrar of Assurances, Amadalavalasa, to one Varada Venkata Govindarajulu, S/o late Vijaya Rama Rao Naidu, as such, it is in possession and enjoyment of the said lessee. Litigations are pending before the competent Civil Courts with respect to eviction, recovery of possession and realization of arrears of rent and damages/compensation between the vendor as lessor and the said lessee, which are at the verge of/ripe for disposal.

Since more than past 40 years the vendor is residing at Australia, became old, sick due to old age as such unable to travel the long way to manage the asset, would like to lead rest of the life there itself peacefully, decided to alienate the asset referred in the Schedule. As the vendees are known to me, they have accepted my offer, on negotiations, the consideration has been agreed/fixed at Rs.65,00,000/- (Rupees sixty-five lakhs only) to be payable by the vendees to the vendor by way of money-transfer through bank, to that effect an Agreement to Sell for the asset has been executed between the vendor and the vendees on . The vendees have paid the vendor a sum of Rs. towards Part/Advance out of agreed consideration.

Particulars of payment are noted hereunder

Now this Sale Deed witnesseth as under:

1. That in consideration of the above said amount the Vendor doth hereby transfer, convey and assign the said asset with all rights, title and interest unto the Vendees;

2. The Vendor could not deliver the actual physical possession of the said asset unto the Vendees on the spot due to the pendency of litigation between the vendor and tenant, the Vendor do hereby authorize the Vendees to take actual physical possession of the asset from the Lessee Varada Venkata Govindarajulu or through Court and also to realize the sum due by the Lessee to the Vendor on his behalf towards arrears of rent, compensation, damages etc.,

3. All the expenses of this deed shall be paid and borne by the Vendees;

4. The Vendor hereby assure the Vendees that the asset under sale is free from all sorts of encumbrances such as Mortgage, Lien, Gift, Decree, Charge, Sale, Agreement to Sell etc. and there is no defect in his title. If proved otherwise then the Vendor shall be liable to indemnify the Vendee in full or part up to the extent of loss sustained by the Vendees

5. The vendor further agrees to indemnify the vendees and keep them free from disputes if any raised or objections made to his conveyance by any one and further should any claim be made or dispute raised at any time by any one in regard to this sale, the vendor hereby undertakes that he shall at his own cost settle the same and execute or cause to be executed such further acts, deeds and things as to morefully effectively convey title to the property hereby sold and conveyed to the vendees.

Schedule Properties

Item No.1

Site measuring an extent of 3,280 Square Yards or 2,680.30 Square Meters with Auditorium/Theatre with quarrigated tin sheet roof known as Lakshmi Talkies and appurtenances measuring 4,660 Square Feet bearing Old Door No.5-1 and New Door No.9-2-36, Municipal Assessment Nos.742 to 745 bearing Electric Service Connection No. with compound wall on four sides measuring 696 Running Feet covered by Survey No.138/1 P of Krishnapuram Village situated on Eastern row of road leading towards Hiramandalam from Amadalavalasa in Amadalavalasa Municipality, Sub-Registration District, Srikakulam District, Bounded by:

East : Vacant site belonging to Gudla Lakshmana Murty;

South: Properties belongs to Podugu Swamulu, Bhogi Anjanayulu, Tammana Sambamuthy, Tammana Trinadarao Etc.

West : 1, 2nd item of scheduled Property. 2, Emergency Exit. 3, Gudla Appalanarsimhulu terraced house. 4, Zinc Sheet Roofed Godowns Belonging to Smt Thattikota Padmaja Patnaik and Smt Dabbiru Anasuyamma.

North: Municipal Road to Ammavari Temple

Measurements:

East : 224 Feet or 68.29 Meters.

South : 149 Feet or 45.42 Meters.

West : 199 Feet or 60.67 Meters.

North : 124 Feet or 37.80 Meters.

Item No. 2:

That entire vacant site measuring an extent of 388.89 square yards or 325.16 square Meters. Covered by Survey No 138-1st part of KRISHNAPURAM Village, Situated at Eastern Side of Amadalavalasa Road, within the limits of the Amadalavalasa Municipality, Srikakulam District and Amadalavalasa Registration Sub District and

Bounded By:

East : 1st Item of Scheduled Property.

South : Vacant site covered with 4 sides compound wall belongs to Woona Sai Sudha.

North : Amadalavalasa Main Road...

West : Terraced Houses belongs to Gudla Appalanarsimhulu and others.

Measurements:

East : 30 Feet or 9.14 Meters.

South : 95 Feet or 28.95 Meters.

West : 40 Feet or 12.19 Meters.

North : 105 Feet or 32.00 Meters.

Both of these are not assigned lands. The Sight Sketch Drawing (Map) is enclosed with this Sale Deed.

In witness whereof the Vendor has signed this deed on the

Witness:

1.

2. Vendor.

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?