VENDOR_VENDEE

Satyanarayana Rao. V. Chadalla (Querist) 01 May 2010 This query is : Resolved
Title: VENDOR-VENDEE

The documents contents are as retyped and attached.

The under mentioned contents are pertaining to the question posted in the column “Vendor-Vendee”

AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY

This Deed of Agreement of Sale cum General Power Attorney is made and executed on this the day 2006, by and

1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,
all are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District. (Hereinafter to the "VENDORS" shall-mean and include ail their of the Party of the First Part

IN FAVOUR OF

Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, which mean (Hereinafter referred to as the "VENDEE" expression shall and include all his successors and assignees etc, of the Party of the Second Part).

WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".

AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.

WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.

NOW the vendors have due to personal and family needs have offered and agreed to sell the Part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendee for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') and the vendee has agreed to purchase the same free of all encumbrances, charges and lines the property in the schedule hereto.

WHEREAS the vendors agreed give a General Power of Attorney in favour of the Vendee in respect of the schedule property.

NOW THIS DEED OF AGREEMENT SALE CUM WITNESSETH AS FOLLOWS

That In pursuance of above offer acceptance the Vendors have received a sum of (Rupees Forty Lakhs Only) further Sale consideration, and the Vendors hereby ACKNOWLEDGE the receipt of the said sum and convey, sell, and said to vendee sale together with all the rights, title and appurtenances in or upon the said HAVE AND TO HOLD the same absolutely use of the forever.

The vendee shall bear all expenses of sale such as stamp, duty, registration fees etc. in respect of the Sale Deed.

The Vendors assures there the vendee that there is no encumbrances, charges, mortgages or subsisting agreement of sale in respect of the said property in favour of any person.

That the vendors are unable to execute the sale transaction and got them registered personally due to domestic preoccupations.

The vendee agreed to act in the name on the name and on behalf of the vendors as agent of the vendors.

The vendors hereby authorise the said vendee to do the following acts in the name on behalf of the vendors namely:

To enter into sub-contract for the sale of the said property either whole or in parts for any consideration which he deem reasonable in his absolute discretion and receive earnest money and issue the receipt to the same.

To sell the said property either to the Sub-agreement Holders or his nominees.

To execute the sale deed or sale deeds in favour the sub-purchaser or purchasers, receive the consideration money present to present the sale deeds or deeds executed by in favour of the sub-purchaser or purchasers before the concerned Office, admit execution and receipt of consideration and procure registration of the said deeds.

To complete the sale of the said property and handover possession of the said property to the sub-purchaser/purchasers.

To appear and act in all courts, civil, criminal, revenue whether original or appellate in the Registration and other offices of the State and Central Govt. and of local bodies in relation to said property.

To apply and obtain sanction of the plan or permission for construction and over the said land/ property from the appropriate authority or authorities as and when required.

To sign and verify plaints, written statements, petitions of claims and objections of all kinds and file them in such and offices and to appoint Advocates and other legal practitioners to file and receive back documents to deposit and with draw moneys and grant receipts in relation to the said property.

Generally to act as the Attorney or Agent of the vendors in relation to the said property in relation to the said property as fully and effectively in all respects as the vendors themselves would do if personally present.

The vendors for themselves their heirs, executors, successors, legal representative, administrator and assignee does hereby ratify and confirm all acts, deeds and things lawfully by the said Attorney namely the vendee in pursuance of these presents.

THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977.

In witness whereof the vendors and the vendee have signed on this the Deed of Agreement of Sale cum GPA with their own free will and consent on this the day, month and year first above mentioned.

WITNESSES VENDORS

SALE DEED

This deed of Sale is made and executed on this the 28th day of January 2006, at Hyderabad by:

1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,

All are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District, represented by through their Agreement of Sale Cum GPA Holder

Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad, vide registered Agreement of sale cum GPA document No 1010 of 2006 of Book-1, Dated 05—1-2006, registered at R.O. Ranga Reddy District(Hereinafter referred to as the "VENDORS" of the Party of the First Part expression shall and include all his successors and assignees etc,).

IN FAVOR OF
1. Sri.HETTUPALL1 RAMCHANDRA REDDY S/o. Sri. M. SUBBA Reddy aged about 46 years, Occupation: Business,
2. Sri. METTUPALLI ANURADHA wife of Mettupalli Ramachandra Reddy aged about 42 years, Occupation House wife,
3. Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad,
4. Sri P.Sudheer Reddy son of Sri.P.V. Subba Reddy aged about 26 years, Ocupation Business, reasiding at Flat No.G-1, Reliance Krishna Apartments, Hill Fort Road, Adarshnagar, Hyderabad.

(Hereinafter referred to as the "VENDEES" of the Party of the Second Part expression shall and include all his successors and assignees etc,).

WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".

AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.

WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.

NOW whereas the vendors as Agreement of Sale cum GPA Holders has offered to sell the part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendees for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') which the vendee has accepted for said sale consideration.

NOW THIS DEED OF SALE WITHNESSES AS FOLLOWS:

That In pursuance of above offer acceptance the Vendors as AGPA Holder has received sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) towards further Sale consideration, and the Vendors as AGPA Holders hereby acknowledge the receipt of the said sum and convey, sell, transfer and assign said land to vendees by an absolute sale together with all the rights, title interests and appurtenances in or upon the said land to HAVE AND TO HOLD the same absolutely use of the vendees for ever.

That the vendors and AGPA Holders hereby declares that the said land is free from all charges, mortgages, claims, Prior Sales etc., and also is ,free loans and taxes etc. and nothing 1s due, If any arrears are found to be payable upto the deed of this deed of execution same shall be born by the vendors only.

The vendors as AGPA Holders had delivered the vacant and peaceful Possession of the said land to the vendee by demarcating the boundaries.
That the vendors as AGPA Holder hereby agree to keep indemnified all such losses, damages and expenses that the vendees may put to by reasons of any defect found in the title to the and hereby conveyed.

That the Vendors as AGPA Holders is handing over all the link documents, papers relating to the schedule property to the vendees for their record purpose.

The vendors as AGPA Holder herein shall take due steps and sign all applications, declarations, affidavits etc., required for duly mutating the name of the Vendees before the Revenue or with such other bodies as may be required by the Vendees from time to time.

THAT the vendees shall hold and enjoy the schedule of property as an absolute owner as they likes without any let or hindrance either from the vendors or any other person or persons whomsoever.

THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977, and there is no house or houses structure is existing on the said land.

Whereas the vendors as AGPA Holder has already paid stamp duty of Rs.2,80,050/- through Agreement of Sale cum GPA vide registered document No.1010 of 2006, dated 5-1-2006, registered at S.R.O. Kukatpally, which amount is adjustable as clarification of I.G. & RS and CCRA in para II(5)(i) of is Procgs.No.MV1/18289/95, dated 1-7-1995.

SCHEDULE OF PROPERTY
All THAT Part of Agricu1tural Land bearing Survey No.905 admeasuring Acre l-0 Guntas(Out of 02 Acres and 01 Guntas)Situated at KUKATPALLY VILLGBE Balanagar Mandal, Ranga Reddy District, and bounded follows:

In witness whereof the Vendors as AGPA Holder has signed on this Deed of Sale with free will and consent on this day, month and year first above mentioned.

I would like to know
1.Whether the document is legally valid?
2.Can the AGPA holder transfer the property in to his name along with others as a Vendor as well as Vendee?
3.Are there any mistakes in this documents, or it is rightly executed?
4.Will any purchaser of this property from the present owners (parties in the Sale deed including the AGPA Holder) needs to look into, like mutation, or entries in ROR, or Patta pass books etc?

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