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- CONSTRUCTION AGREEMENT- CO-OPERATIVE SOCIETY AND BUILDER
CONSTRUCTION AGREEMENT- CO-OPERATIVE SOCIETY AND BUILDER This Agreement made this …………day between …………….................a partnership firm trading at ..............................(after it referred to as the builder including its present and future partners, their successors, executors, administrators and assigns) of the One Part and Mr. …………………………. resident and owner of ................................. (after it referred to as the chief promoter including his heirs and assigns) of the Other Part. Whereas builder is a partnership firm doing construction of buildings. And whereas the said Mr. …………………………………..… being chief promoter of …. Cooperative Housing Society Limited, as registered under the …………………………………………… Act …………….. containing the proposed buyers of flats of the building to be built on the plot at ........................................................ (after it referred to as said society). And whereas members of said society wants of entrusting the work of building and erection thereof on plot ............................. on consented terms/conditions. Now this Agreement witnesses and the parties consent as below: 1. The builder wants to buy the plot of land at .............................. measuring 6 cottahs and after it to assign it favouring the Society. 2. The society accepting Certificate of title given to builder by Mr………………………………. …. Advocate effecting that title of property being marketable, free from all encumbrances and reasoned doubts and no requisitions/objection made by society concerning title. 3. The chief promoter shall get registration ………………………………………………………. Act …………..…. 4. Chief promoter on its registration will apply for monetary help per loan to ……………………………………………………………….. (after it referred to as 'Federation') for minimum ………. of approximate cost of land with construction cost of building. 5. said Federation is being Negotiated and it is hoped that …………..minimum of total finance needed by society will be allowed per loan by said Federation by mortgaging the land with depositing title deeds. 6. The copies of plan, specifications, list of facilities/drawings relating the building to be built on the plot prepared by Mr........................................................Architect has been presented to the builder and the Builder has inspected all documents compulsory for constructing multi-storeyed building. The builder while given to Society two sets of plans, specifications, list of facilities/drawings and one set whereof is returned signed by the chief promoter. The builder shall present to the …………………………………… Municipal Corporation required plans for being sanctioned. 7. The builder will buy the land measuring ………………..…………… and the builder shall build for society according to sanctioned or approved plans, specification, amenities and drawings a …………………………… building with parking space on the said plot of land. 8. The society will pay to builder for land and for building Rs…………………………. The price including laying of drainage/water connections to Municipal mains and electric connections to the ………………….. mains and the given amenities. 9. The price will be payable to builder per installments as below: (a) Rs. 18 lakhs at once on executing agreement and convincing said society that transfer of said plot of land favouring Builder's will be executed: (b) A subsequent sum of Rs. ………………….…………. will be paid to Builder on or prior or beginning of building work by builder whichever is earlier; (c) A subsequent sum of Rs. ……………………..will be paid to Builder on or before …..day ……..; (d) Subsequent sum of Rs. …………………… (which amount when paid will be 50% of the total price of land, building and garage spaces to be built by builder) will be paid to the Builders on or prior …..; (e) In addition to sum detailed in sub-clauses (a), (b), (c) and (d) above, all sums/advances as received by society from time being from Federation under arrangement with them will be paid to builder on its received; (f) The remaining price shall be paid to builder on completion of building getting completion certificate with occupation certificate. 10. (a) defaulting payment of each two of payments referred to in clause 9 above, the builder will bear right to forfeit the sums already paid and the agreement will be terminated and the chief promoter or the society shall have nil claim against the builder for specific performance or indemnification or for damages or otherwise; (b) If by a year hereof the society is enable entering into Agreement with T.N. Co-operative Housing Federation Ltd. for getting loans per advance of 75% of approximate cost of with building cost to be paid periodically against building work as it proceeds then despite anything herein contained this Agreement shall stand terminated and no claim for specific performance, damages, indemnification or otherwise on either side would lie and the builder shall return to the chief promoter and society the sums already received after deducting all costs and expenses incurred within three months. 11. On receiving Rs- .. per specified installments the builder will execute favouring society a conveyance of plot of land for Rs. 78 lakhs. All costs/incidentals to conveyance including stamp duty and registration charges will be borne society. The society will not object and make no requisitions concerning the builder's title thereto. The builder will declare them selves not creating any encumbrance on land and charge favouring of ……………………………………………………………….. on the land will a first charge and Builder's right over land will be subject to any such first mortgage favouring the said Federation. Despite the Builder's right in keeping possession of building to be built until the full amount and all other moneys due to builder are paid all the Builder's lawful rights under this Agreement and at law against the Society would remain unimpaired. 12. If any alterations are made in plans by ……………………………….. Municipal Corporation/other authority the society shall accept the same. The builder will not make any future charge on society in accepting such modifications. All outgoings of all types payable to Coimbatore Municipal Corporation or any other authority from day of conveyance of land favouring society will be paid and borne by society and accepting the Builder's invoices or bills/vouchers and pay the same at once on presentation, 13. The society shall select Clerk of Works for supervising construction work. Difference of opinion concerning matter emerging regarding construction work between such clerk-of-works and Builder will be decided in accordance with the directions of the said Architect whose decision shall be final and conclusive and binding on the parties. 14. The plans, drawings and specifications shall be and remain the Builder's property until the completion of conveyance favouring society. If any difference emerges between specifications and plans or drawings, the specifications shall dominate and considered correct and binding despite the drawings. The builder hereby consents/undertakes that it shall remove all surplus material, plant and rubbish from the premises prior delivering possession of Building and at the Builder's own cost. The builder shall clean whole site of all materials and level the compound in good order cemented and/or tiled and usable. The builder will lay the lawns and flower beds and get the pathway in compound as shown in plans concreted prior delivering possession. All plant, equipment and materials brought on the premises by the builder shall be removed at once on completing building work. 15. The builder hereby consents/binds itself and its agents that it shall obey the enactments of all Acts, rules/regulations and bye-laws for time to time enforceable and shall and will give all compulsory notices to get sanction of local authorities relating construction work and will obey building and other regulations of such authority. For any such purposes, the Society's agreement or authority if needed will be promptly given. 16. The Builder hereby undertakes that it will not without the agreement of Society transfer or sub-let the building work or any portion thereof to any person excepting labour, planning, drainage, water supply and electric installations. 17. On any accident or extra work to be done or change made or Force Major, Acts of Gods, Civil Commotion, disturbance, conflict of any kind or non-avail ability of materials such as cement, steel, etc. the Builder will bear right for an increase of time proportionately to delay made enabling Builder completing constructions. If opinion differ for increasing time, Architect will calculate time of delay and increase of time for completing construction. 18. The Builder during period of construction retain all its labour/supervisory staff duly insured against all risks for workmen's compensation. 19. The Society will pay directly to …………………………Municipal Corporation any amount payable towards consumption of water by Society after building is occupied and pay the……………………for consumption of power. 20. The Society/its Architect will inspect the building to be built by Builder from time to time during the time of construction and after receiving notice of completion. Any requisition/objection relating building work and/or if it has been done according with this Agreement shall be intimated to Builder by …………….days of receipt of notice of completion and/or inspection whichever is later. If no requisition made or objection taken by said period of ……..days, right of requisitioning or objecting will cease and ail objections shall be considered to have been waived. Nothing herein contained shall give right to society in delaying or deferring payments to Builder of remaining moneys due to the builder and the same shall be paid on the due dates therefor. 21. The society on it is registered unde…………………………………………………….ratify this Agreement and if so needed by builder will at its own cost execute proper documents to confirm and comply terms /conditions and other specification herein contained according to law. 22. All controversies, differences emerging during this Agreement or after it between or among Builder, the society, the chief promoter/Chief Promoter's agent touching or concerning the Agreement between builder and chief promoter and/or the society or the construction or application thereof or any clause or thing in this agreement contained or as to any act, deed or omission of any party in any way concerning to this Agreement or the rights, duties or responsibilities of any party under this Agreement shall be decided through the arbitration under the Arbitration and Conciliation Act 1996 and if any controversies emerges after the registration of the said society, such controversies shall be referred to Registrar of …………………………………………………………………………………………………………………………………………... The First Schedule Gr. Floor 1st Floor 2nd Floor 3rd Floor 4th Floor The Second Schedule Payment of amounts on following dates: On signing of Agreement Rs....... ....................................Rs. .....................................Rs. ....................................Rs. Amounts to be received from Housing Federation Ltd. Rs. In witness whereof the parties hereto have executed these presents on the day, month and year first hereinabove written. Signed, sealed and delivered by Mr. ………………………..................pursuant to Board Resolution of Builders Limited dated .............in the presence of: Signature 1. .................... 2....................... Signed Signature 1. .................... 2....................... Download Word Document In English. (Rs.45/-)
- PROXY UNDER SOCIETIES REGISTRATION ACT
I, ………………………………………. ________, of ________. being a member of this _________________________Society and entitled to vote do hereby appoint ……………………………………………..of________________________ to be my proxy to vote for me and on my behalf at the (ordinary or extraordinary, as the case may be) general meeting of the Society to be held on the ________day of ________and at any adjourned meeting thereof. In witness whereof I have set my hand hereunto this ________day of________, 20_______ Signature Stamp Download Word Document In English. (Rs.15/-)
- DEED OF PARTITION
DEED OF PARTITION This deed of partition is made on......................... this......................... day of......................... 19.......................... Between Shri........................., son of........................., resident of .................................................. and Shri........................., son of........................., resident of......................... (hereinafter called the First Party), and Shri........................., son of........................., resident of......................... (hereinafter called the Second Party). Whereas the abovementioned parties are joint owners in equal shares of the party described in Schedules mentioned hereinbelow. And whereas the parties to the instrument are entitled to equal shares, the aforesaid properties hereto are being divided into equal parts and allotted to each party respectively. Now, therefore, this deed of partition witnesseth as under: 1. That the parties to the instrument do hereby agree and declare— (a) that the first party shall hold, possess, and enjoy exclusively as the absolute owner of......................... as described in the First Schedule hereto. (b) That the second party shall hold, possess, and enjoy exclusively as the absolute owner of......................... as described in Second Schedule hereto. 2. That the parties to this instrument do hereby covenant that the property hereby allotted to each party shall be entered upon an henceforth hold in severalty by such party without any interruption or any kind of interference by the other party or any one claiming through under or in trust for them or any of them. 3. That the title deeds of the properties allotted to each of the parties to this instrument have been duly received by the respective parties and each of the party has become absolute owner of the property by exclusion of the other party. 4. That the parties to this instrument shall wherever the context so admits include their respective heirs, successors, executors, administrators and assignees. 5. That the parties hereby mutually release each other and to keep each other indemnified from all actions, proceedings, claims and demands in respect of the aforesaid property. In witness whereof the parties hereto have put their signatures on this deed of partition in the presence of the witnesses. Witnesses 1.......................... First Party 2.......................... Second Party First Schedule Second Schedule CASE LAW PARTITION Simple suit for partition without prayer for recovery of possession not maintainable.1 1. Upendra Mohanto v. Champa Bewa, 1996 (2) C. C. C. 344 (Orissa). Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- APPLICATION FOR A SUCCESSION CERTIFICATE UNDER THE INDIAN SUCCESSION ACT, 1925
APPLICATION FOR A SUCCESSION CERTIFICATE UNDER THE INDIAN SUCCESSION ACT, 1925 IN THE COURT OF DISTRICT JUDGE......................... Application for Succession certificate in the matter of......................... under the Indian Succession Act, 1925. Sir, The applicant herein most respectfully submits as under: — 1. That the said Shri......................... son of.............. died on......................... 2. That the said......................... at the time of his death ordinarily resided at......................... within the jurisdiction of this Hon’ble Court. 3. That the members of the family and other nearest relatives of the deceased are — (i) (Mention the names and their addresses) (ii) (iii) (iv) (v) 4. That the applicant is the son and one of the legal heirs of the deceased. 5. That there is no impediment under Section 370 or under any of the provisions of the Act or any other enactment to the grant of the certificate or to the validity thereof if it were granted. 6. The debts and securities in respect of which the certificate is applied for are — (Set out herein details of debts if any, and the securities) PRAYER It is therefore most respectfully prayed that the Succession certificate be granted in respect of the debts and securities set out hereinabove empowering the applicant to collect and to receive interest/dividends of any and/or to negotiable/ transfer the said securities. And any other relief which this Hon’ble Court deems fit or proper in the circumstance of the case be also granted to the petitioner. Plaintiff Through Place......................... Advocate Dated......................... VERIFICATION I......................... do hereby declared that the the facts stated above are true and correct to the best of my knowledge and belief. Last para is prayer to this Hon’ble Court......................... Verified at......................... on this................. day of.......... 19.................... Petitioner Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- AGREEMENT TO SELL
AGREEMENT TO SELL This agreement to sell is executed at......................... on this......................... day of......................... 19......................... by......................... s/o......................... r/o.........:............... hereinafter called. "The Vendor" in favour of Shri......................... s/o Shri......................... resident of......................... (hereinafter called "The Vendee"). The expression of the vendor and the vendee shall mean and include their heirs, successors, legal representatives, administrators, executors, nominees and assigns. Whereas the Vendor is the absolute owner and in possession of agricultural land measuring......................... bighas and......................... biswas, Khasra Nos. .......................... situated in......................... And whereas the vendor has agreed to sell and the vendee has agreed to purchase the said land for a sum of Rs.......................... out of which a sum of Rs.......................... (Rs.......................... only) as advance money and part payment has today been received by the vendor from the vendee, the receipt of which the vendor hereby admits and acknowledges and the balance sum of Rs.......................... (Rs.......................... only) will be received by the vendor from the vendee, at the time of the registration of the sale deed. That the actual physical vacant possession of the said land has been delivered by the vendor to the vendee, on the spot, at the time of the signing of this agreement to sell. That the vendor will obtain the no objection certificate and income tax clearance certificate from the authorities concerned. That after obtaining the said permissions, the vendor will inform the vendee by registered post. That within fifteen days from the date of the receipt of the said intimation to the vendee, the vendor will execute the sale deed of the said land in favour of the vendee or his nominee/s, failing which the vendee will be entitled to get the sale deed registered through the court of law by specific performance of the contract, at the cost and expenses of the vendor. That the vendor assures the vendee that the said land is free from all kinds of encumbrances such as sale, gift, mortgage, disputes, litigation, acquisition, attachment in the decree of any court, lien, court injunction, lease, agreement etc. etc. and if it is ever proved otherwise, then the vendor will be liable and responsible to make good the loss suffered by the vendee. That in case the land is acquired by the Govt. before the date of the registration of the sale deed, then the vendee will be entitled to receive the compensation. That all the expenses of the sale deed viz. stamp duty, registration charges etc. shall be borne and paid by the vendee. In witness whereof, the parties have signed this agreement to sell at ......................... on the date first mentioned above in the presence of the following witnesses: Witnesses Vendor 1.............. 2.............. Vendee Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- DEED OF ASSIGNMENT
DEED OF ASSIGNMENT This Deed of Assignment is made at......................... on this......................... day of......................... 19......................... Between Shri......................... son of......................... aged......................... resident of ......................... and Shri.........................,, son of........................., aged......................... resident of......................... Whereas the Assignor obtained a decree in suit No.......................... of 19 ......................... from the court of......................... on......................... against And whereas the judgment debtor did not prefer an appeal, against the said decree and the decree has thus become final. And whereas the said assignor being away to USA and is unable to execute the decree. And whereas the said decree, if not executed before......................... the day of......................... 19......................... it will become time barred. The Assignor has agreed to assign the said decree in favour of Assignee on a consideration of Rs.......................... (Rs.......................... only) being the decretal amount together with interest etc. NOW THIS INDENTURE WITNESSETH AS FOLLOWS: That in pursuance of the said agreement and in consideration of the sum of Rs.......................... paid by the Assignee all that is due and payable under the said decree, the assignor hereby doth covenant with the assignee that she has not entered into any compromise or arrangement with the judgment-debtor or written off the said debt so as to exonerate the judgment debtor from the liability of the said decree. The decree is in full force. It is executable and there exists no cross decree against her. In witness whereof the parties hereunto have set and subscribed their respective hands the day and the year hereinabove written. Witnesses Signature of Assignor 1. ..................... 2. ..................... Signature of Assignee Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- TRUST DEED FOR ESTABLISHING AND RUNNING A SCHOOL OR COLLEGE
TRUST DEED FOR ESTABLISHING AND RUNNING A SCHOOL OR COLLEGE This Trust Deed made on........................... 19........................... Between Shri ........................... son of Shri........................... aged about........................... Years, resident of............................ hereinafter called "The founder of the trust" on one part and (1) Shri........................... son of Shri........................... Aged about........................... years, resident of........................... (2) Shri........................... son of Shri ........................... aged about........................... years........................... Resident of ........................... and (3) Shri........................... son of Shri........................... aged about........................... years, resident of........................... hereinafter called "The Trustees" of the other part: Whereas: (1) The Founder is absolute owner of properties fully described in the Schedule annexed hereto: (2) The Founder of the Trust is desirous of endowing the said property for the purpose of founding a School/College under the name of........................... School/ College, in the city of............................ for the education of the girls of the city andoutside places of the Country, in the educational and cultural pursuits of India: (3) The Trustees have agreed to carry out the trust herein created. Now it is hereby agreed as follow: 1. The objects of the trust are: (a) To establish, run and continue a School/College for the education of girls in Arts, Science, and Hindu Religion and Culture of the. Aryan Cult and to develop their character as well as to educate them in physical culture, (b) To establish and maintain a Girls Boarding House for such students who come from outstations for receiving education in the said School/College and receive education as such. 2. The Founder of the Trust being absolute owner of the properties dedicated hereto to the Trust, hereby conveys all Property fully described in the Schedule annexed hereto as well as movable assets consisting of cash amount to Rs............................ Government Promissory Notes and Fixed Deposits in the State Bank of India fully detailed in the Schedule to the Trustees to hold the same upon trust and with, under the subject to the powers and provisions herein contained. 3(i)The Trustees shall submit a building plant suitable for the School/College, and shall on sanction of the building plan from the Prescribed Authority erect such building for the School/College and its boarding house. The Trustees shall have the power to demolish any old building standing on the said land if they deem it essential for the purpose abovementioned. (ii) The Trustees shall engage and employ such teaching clerical and menial staff for imparting education, maintaining office, cleaning the premises and other acts essential for the purpose. Such staff will be paid such salaries as the Trustees may decide according to the Rules prescribed by the Board of Secondary Education or the University to which the school/college is to be affiliated. (iii)The Trustees will defray the expenses incurred for the purposes of the Trust out of the income of the Trust Funds and Properties. If, however, the income occurring in the normal course from the Funds and Properties dedicated, is found insufficient for meeting the ends of the Trust. (iv)The Trustees shall have no power to alienate the trust properties or encumber them even for essential needs, without permission of the General Body of the Education Assembly of the School/College, whose members shall be all the teachers of the School/College and Ex-Graduates who had got education at any stage in this School/College and who regularly contribute the annual subscription for the membership of such Assembly. (v) The Trustees may invest the surplus funds of the Trust in their hands accrued from the income from property of trust or otherwise by donations etc. in Governments securities or fixed deposits in the State Bank of India or other Scheduled and Nationalised Banks as found convenient to them. 4. The Founder of the Trust shall be one of the Trustees and after his life the eldest male member of his family or descendants shall be a co-trustee, in the absence of a male member in his family or descendants any educated female member shall be a co-trustee. 5. If a co-trustee becomes insolvent the office of such trustee shall be suspended till he attains solvency, and in the case of a trustee committing an offence of moral terpitude is convicted and punished by a Court of law, he shall be deemed to have vacated the office and the remaining Trustees shall fill his seat by appointment of another trustee. So will be the case in case of voluntarily vacating the office by any of the trustees or on becoming disabled due to some physical infirmity. 6. While performing the purposes of the Trust if there is a difference of opinion between the Trustees, the decision of the majority shall prevail which shall be carried out by all concerned. 7. If the trust fails for want of its objects or it becomes impossible to carry out the said purposes due to reasons unavoidable, the Trustees shall move the Court for applying the trust funds for some other similar purpose. The Trust funds shall, however, in no case revert to the Founder or his legal representatives, as it is a public trust being duly registered. 8. No corpus of the Trust Property or Funds shall be utilised for purposes other than those of the Trust. 9. The value of the Trust property is Rs............................ and the proper stamp duty is paid thereon for the registration of this Trust Deed. In witness whereof the parties hereto append their signatures on the trust deed on the day and year afore-mentioned. Date and Place Witnesses: Signed................................ Founder 1............................ Signed........................... Trustee (1) 2............................ Signed........................... Trustee (2) Signed........................... Trustee (3) Schedule of the Trust Property and Funds Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- LEASE AGREEMENT
LEASE AGREEMENT This lease agreement is executed at Delhi on this.................... 19.................... by Shri.................... Son of Shri.................... resident of Village.................... hereinafter called the ‘First Party’ in favour of.................... through partner .................... hereinafter called ‘The Second Party’. The expression of the first party and the second party shall mean and include their heirs, successors, legal representatives, administrators, executors, nominees and assignees. Whereas the 1st party is the absolute owner of land measuring.................... Bighas........... Biswas bearing Khasra No............... situated in village.................... And whereas the 1st party has agreed to give and the second party has agreed to take the said land on lease for......... a period of.......... years commencing from.................... NOW THIS DEED WITNESSETH AS UNDER: 1. That the Ist party have received a sum of Rs..................... (Rs. .................... only) in cash for the land measuring.................... acres and.................... Biswas at the rate of Rs..................... per Killa and the 2nd party shall use the said land for running a brick kiln for digging the earth for the manufacturing of bricks and for any other purposes. The digging of the land can be done upto.................... feet average. That the second party is also authorised to use the said land for passages purposes or any other purposes, as they like. That the possession of the said land is already with the first party. That the 1st party assures the second party that the said land is free from all kinds of encumbrances such as sale, gift, mortgage, disputes, litigation, acquisition attachment in the decree of any court lien, court injunction etc., etc., and if it is ever proved otherwise, or if the whole or any portion of the said land is taken away or goes out from the possession of the second party on account of legal defect in the ownership and title of the Ist party then the Ist party will be liable and responsible to make good the loss suffered by the second party. That every tax, dues and demands payable in respect of the said land shall be paid by the Ist party upto-date and thereafter the second party will be responsible for the payment of the same. That this lease agreement is made effective from.................... for a period of.................... years and after the expiry of period of.................... years the 2nd party shall handover the vacant possession of the said land to the Ist party. That this deed is irrevocable. In witness whereof, the parties have signed this lease agreement at .................... on the date first mentioned above. Witnesses: 1..................... First Party 2..................... Second Party RECEIPT Received a sum of Rs..................... (Rs..................... only) in cash from .................... through partner.................... as lease money in terms of the agreement dated.................... in respect of land mentioned in the agreement dated.................... as full and final settlement. Dated Witnesses Executant 1..................... 2..................... Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- FLAT BUYERS AGREEMENT
FLAT BUYERS AGREEMENT This FLAT BUYERS AGREEMENT is made and executed this..................... day of......................... BETWEEN Shri......................................................................................................... .......................................... (hereinafter called the Owner/Builder) of the one Part). AND Shri................................................................................................................................................... (hereinafter called the owner of the second part). The expressions "owner/builder" and "flat buyer," unless repugnant to the context, mean and include their respective heirs, successors, legal representatives, and assigns. WITNESSETH as under: Whereas the President of India granted a perpetual lease of the plot of land admeasuring................... sq. yards and bearing No......................................................... by lease deed dated..................... duly registered before the Sub Registrar, New Delhi, in favor of......................... and duly registered at S1. No.................... in Additional Book No................ Vol........................... on pages......................... and a certificate of sale was also issued on the same day. And whereas the said Shri................................... sold and conveyed the said plot to the Owner/Builder by a sale deed dated....................... duly registered at No. .................. in the Additional Book No....................... vol No..................... on pages And whereas the owner/builder, after getting the plans sanctioned, carried out construction of the basement, ground, mezzanine, first and second floors. NOW THEREFORE THESE ARTICLES OF AGREEMENT WITNESSETH, AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That the Buyer has, prior to the execution of this Agreement, undertaken inspection of documents of title and other related papers of the Owner/Builder, including the sanction plans and other plans, and has satisfied himself about the title of the Owner/Builder and her entitlement to sell the constructed area on the said plot as marketable and has agreed to accept the same. The Buyer shall not be entitled to investigate further the entitlement of the Owner/Builder on the said plot............................................... and the area to be sold, and no objection shall be raised or entertained on any matter relating thereto, and the sale is on. As is where is basis. 2. That the Buyer agrees to buy and the Owner/Builder agrees to sell for Rs................................ (Rupees......................... only) Unit Bearing No............. on the Ground floor of the said building, hereinafter referred to as the Unit, having an area of............... sq. ft., which includes the whole of the area under the periphery walls, half the area of walls common with other units adjoining the said unit and other area of balconies, and common area passages, stair-cases and other common area, as per plans and specifications, inspected, seen and approved by the buyer. 3. That the aforesaid consideration of Rs.................. (Rupees.................. only) has already been paid by the buyer. 4. That the Owner/Buyer shall effect the transfer/sale of the unit to the Buyer in such manner as may be permissible in law. All costs, charges and expenses in connection with the formation of any co-operative society, limited company or any other corporate body of buyers shall be payable by the Buyer. All other expenses of preparing, engrossing, stamping, registering agreement, deed of assignment, sale-deed, conveyance or any other documents to be executed under these presents by the Owner/Builder or the buyer and also the entire professional cost-of the Owner/ Builder in preparing and approving all the said documents shall be to the account of the Buyer. The document may be executed under the Delhi Apartment Ownership Act. The sale will be with proportionate lease-hold rights, undivided, indivisible and impartible. 5. That the possession of the said unit having been given to the buyer the buyer shall have no claim against the owner/builder as to any item of work, quality of work and material, installations, provisions etc. in the said unit on any ground whatsoever and the claim, if any, shall be deemed to have been waived. All such complaints/defects, if any, area to be got removed by the Buyer through the Owner/ builder before taking possession. 6. That the buyer, on sale and delivery of possession, will be entitled to the exclusive use and occupation of the said unit without any interference and hindrance, but subject to the terms, conditions, stipulations and restrictions contained herein. 7. That nothing contained in these presents shall, however, be construed to confer upon the buyer any right, title or interest, grant, lease, demise or assignment in the said plot or in the rest of the building. Such conferment can take place subject to such conditions as are herein contained only upon the deed of assignment in favour of the company or body corporate or co-operative society, as may be required or deemed fit, for transfer of the said rights. 8. That the buyer agree and binds himself to pay proportionately for electric, water and other connection and for any electric sub-station or generator required. 9. That so long as each unit of the said building is not separately assessed for the property tax, the buyer shall pay proportionate share of the Municipal taxes, house tax, rates and water tax etc. as assessed for the whole building. Such appointment shall be made by the Owner and the same shall be conclusive, final and binding upon the buyer. 10. That any unearned increase shall be payable by the buyer in case the land on which the property is built is sought to be or is declared free-hold. 11. That the buyer shall maintain the unit periphery walls and partition walls, sewers, drains, pipes and appurtenances thereto in good tenantable repairs, state, order and condition in which it would be delivered to him and in particular so as to support, shelter and protect the other parts of the building. 12. That the buyer shall use the premises according to Bye-laws, rules and regulations. 13. That the buyer shall not make any hindrance or block any passage, cover any verandahs, terraces or open space. 14. That the buyer shall not decorate the exterior of the building. The same shall be decorated by common consent of all the buyers and in case of any difference, as the owner may decide. The Owner/Builder decision shall be final and binding. 15. That the buyer can assign his rights, titles and interest in the unit without the prior written consent of the Owner/Builder. IN WITNESS WHEREOF the Owner/Builder and the Buyer have signed these articles of Agreement on this......... day of.................... in the presence of: WITNESSES ........................... OWNER/BUILDER ........................... BUYER Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- MOHAMEDAN LAW — GIFT TO WIFE
MOHAMMEDAN LAW—GIFT TO WIFE Let it be known to all men by these presents that I, ........................... son of ........................... resident of........................... am co-sharer and co-owner of property more precisely described in schedule hereto valued at present at Rs............................ Whereas I have already executed a WILL in favor of my wife........................... but in order to avoid any dispute after my death, I do hereby give away by this DEED of gift my share and ownership in property described in the Schedule hereto to my wife........................... subject however, to the condition that she will possess half of gifted property with power to make at her will any sort of alienation like mortgage, sale or gift in respect thereof and for the rest she shall possess the same as life owner without any power to alienate the same. After the death of my wife, this half share shall revert back to my heirs with equal shares, and those heirs shall become the absolute owners of the shares. I have delivered the possession of gifted property to my wife, and from today I have ceased to have any right on or claim over the gifted property. In witness whereof the donor doth hereby set and subscribe his signature and deliver in the presence of the witnesses on........................... day of ........................... 19........................... Witnesses Donor 1............................ ........................... 2............................ Donee ........................... Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- MEMORANDUM OF APPEARANCE
MEMORANDUM OF APPEARANCE IN THE COURT OF................................... Suit/Appeal/Revision No............................... of.......................19.................. ................................................................................................................. Plaintiff(s) Appellant(s) Applicant(s) Petitioner(s) Versus ................................................................................................................. Defendant(s) Respondent(s) MEMORANDUM OF APPEARANCE Sir, Please put in my appearance in the matter above mentioned for the Plaintiff(s)/Defendant(s)/Appellant(s)/Applicant(s)/Petitioner(s) by whom I have been duly authorised to plead in the matter. Dated......................... 19........................ Advocate Address ..................................................... ...................................................... case law SCOPE OF POWER OF ATTORNEY The courts of law are bound by a power of attorney, but they cannot refuse to recognize the implied powers conferred therein. It implies the power to file suit on behalf of the executant in his name or otherwise and for his use and benefit. 1 WHEN SERVICE ON COUNSEL IS NOT SUFFICIENT SERVICE Where the counsel stated that he has not been engaged in the appeal, it means that the duration of his appointment was up to the lower court, and any service of summons in appeal upon such counsel is not a sufficient service. 2 1. Dinesh Chand v. Bitola Devi, A. I. R. 1984 All. 116: 1983 All. C. J. 621. 2. Kundan Lal Jain v. Municipal Corporation of Delhi, A. l. R. 1984 Delhi 231: 1984 Rajdh. L. R. 255. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- DEED OF HYPOTHECATION
DEED OF HYPOTHECATION Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) The deed of Hypothecation executed at......................... this......................... day of......................... One Thousand Nine Hundred and......................... by ......................... a company within the meaning of the Companies Act, 1956 (1 of 1956) and having its Registered Office at.................................................. (hereinafter referred to as "the Borrower" which expression shall, unless it be repugnant to the subject of context thereof, include its successors and assigns) in favour of ......................... a public company incorporated under the Indian Companies Act, 1956......................... (hereinafter referred to as "the Lender") Whereas 1. By an agreement dated the......................... day of......................... 19 ......................... entered into between the Borrower and the Lender (hereinafter referred to as "the loan agreement") the Lender has agreed to lend and advance to the Borrower and the Borrower has agreed to borrow from the Lender on the terms and conditions contained in the Loan Agreement a sum to the maximum extent of Rs.......................... (Rupees.................................................. ) (hereinafter referred to as the Loan"). 2. One of the conditions of the Loan Agreement is that the Loan together with all interest, liquidated damages, commitment charges, premia on prepayment or on redemption, costs, expenses and other monies whatsoever stipulated in the Loan Agreement shall be secured, inter alia, by a first charge by way of Hypothecation of all the Borrower’s movables (Save and except book debts) including movable machinery, machinery spares, tools and accessories, present and future subject to prior charges created and/or to be created: (i) In favour of the Borrower’s Bankers on the Borrower’s stocks of raw materials, semi-finished and finished goods, consumable stores and such other movables as may be agreed to by the Lender (hereinafter referred to as "the Bankers Goods") for securing the borrowings for working capital requirement in the ordinary course of business. 3. The Lender has called upon the Borrower to execute these presents which the Borrower has agreed to do in the manner hereinafter expressed. NOW THEREFORE THESE PRESENTS WITNESSETH THAT: 1. In pursuance of the Loan Agreement and in consideration of the Lender having lent and advanced and/or agreed to lend and advance the loan to the Borrower for the purpose and subject to the terms and conditions set out in the Loan Agreement and in consideration of the premises, the Borrower doth hereby covenant with the Lender that it shall repay the loan to the Lender and shall pay interest, commitment charges, liquidated damages, premia on prepayment or on redemption, costs, charges and expenses and all other monies as stipulated and in the manner set out in the Loan Agreement and shall duly observe and perform all the terms and conditions of the Loan Agreement. 2. In pursuance of the Loan Agreement and for the consideration aforesaid, the whole of the movable properties of the Borrower including its movable plant and machinery, machinery spares, tools and accessories and other movables, both present and future (save and except book debts) whether installed or not and whether now lying loose or in cases or which are now lying) or stored in or about or shall hereafter from time to time during the continuance of these presents be brought into or upon or be stored or be in or about all the Borrower’s factories, premises and godowns situated at or wherever else the same may be or be held by any party to the order or disposition of the Borrower or in the course of transit or on high seas or on order or delivery (hereinafter collectively referred to as "the said goods"; short particulars whereof arc given in schedule hereto, are hereby hypothecated as and by way of first charge to the Lender as security for and be charged with the repayment of loan and repayment or payment of other monies including all interest, commitment charges, in liquidated damages, premia on prepayment or on redemption, costs, charges and expenses and all other monies due to the Lender under the loan agreement and these presents, provided that the charges created and/or to be created by the Borrower in favour of its Bankers on the Banker’s Goods, to secure borrowings’ in the ordinary course of business of the Borrower for its working capital requirements. 3. In further pursuance of the Loan Agreement and for the consideration aforesaid, the Borrower doth hereby further agree, declare and covenant with the Lender as follow: (i) the Borrower shall at its expense keep the said goods in marketable and good condition and insure the same in the joint names of the Borrower, the Lenders and......................... as provided in the Loan Agreement against any loss or damage by theft, fire, lightning, eathquake, explosion, riot, strike, civil commotion, storm, tempest, flood, marine risk, erection risk, war risk and such other risks as the Lender shall, from time to time, require with as insurance company or companies. The Borrower shall deliver to the Lender the relevant policies of insurance duly assigned to the Lender and maintain such insurance throughout the continuance of the security of these presents and deliver to the Lender the renewal receipts therefor and shall duly and punctually pay all premia and shall not do or suffer to be done or omit to do or be done any act which may invalidate or avoid such insurance. In default the Lender may (but shall not be bound to) keep in good condition and render marketable the said goods and take out/renew such insurance. Any premium paid by the Lender and any costs, charges and expenses incurred by the Lender shall, forthwith on receipt of a notice of demand from the Lender, be reimbursed to the Lender together with interest thereon at the applicable rate for the loan on the date of the Loan Agreement from the date of payment and until such reimbursement by the Borrower the same shall be debited to the Borrower’s Loan Account and be a charge on the said goods. (ii) The nominees of the Lender shall, without any notice and at the risk and expense of the Borrower, be entitled at all times to enter any place where the said goods may be and inspect, value, insure, superintend the disposal of and take particulars of all or any part of the said goods and check any statement, accounts, reports and information. (iii) In the event of any breach or default by the Borrower in the performance of its bligations hereunder or any of terms, covenants, obligations and conditions stipulated in the Loan Agreement or the related security documents or the deeds executed or that may hereafter be executed by the Borrower in favour of the Lender or in the event of the Borrower failing to pay either the interest or any instalment of the Principal of the Loan, or in the event of the charge or the security created in favour of the Lender having become enforceable for any reason whatsoever, the Lender or its nominees shall, in case such breach or default is not remedied by the Borrower to the satisfaction of the Lender within a period of fifteen days from the date of intimation by the Lender of such breach or default or such extended time as may be granted by the Lender in writing, without any notice and without assigning any reason and at the risk and expense of the Borrower and if necessary as Attorney for and in the name of the Borrower seize, recover, receive and remove them and/ or sell by public auction or by private contract, despatch or consign for realisation or otherwise dispose of or deal with all or any part of the said goods and to enforce, realise, settle, compromise and deal with any rights or claims relating thereto without being bound to exercise any of these powers or be liable for any losses in the exercise or non-exercise thereof and without prejudice to the Lender’s rights and remedies of suit or otherwise. Notwithstanding any pending suit or other proceeding, the Borrower undertakes to give immediate possession to the nominees of the Lender on demand of the said goods and to transfer and to delivery to the Lender all relative bills, contracts, securities and documents and the Borrower hereby agreed to accept the Lender’s account of sales and realisations as sufficient proof of amounts realised and relative expenses and to pay on demand by the Lender any short fall or deficiency thereby shown. Provided, however, that the Lender shall not be in any way liable or responsible for any loss, damage or depreciation that the said goods may suffer or sustain on any account whatsoever whilst the same are in possession of the Lender or by reason of exercise or non-exercise of rights and remedies available to the Lender as aforesaid and that all such loss, damage or depreciation shall be wholly debited to the account of the Borrower howsoever the same may have been caused. (iv) The Lender, at any time after the security, hereby created has become enforceable and whether or not the Lender shall then have entered into or taken possession of and in addition to the powers hereinbefore conferred upon the Lender after such entry into or taking possession of, may have a receiver or receivers appointed of the said goods or any part thereof. The following provisions shall apply to such Receiver: (a) Unless otherwise directed by the Lender, such Receiver shall have and exercise all powers and authorities vested in the Lender; (b) Such Receiver shall, in the exercise of his powers, authorities and discretions, conform to the regulations and directions from time to time made and given by the Lender; (c) The Lender may, from time to time, fix the remuneration of such Receiver and shall direct payment thereof out of the said goods, but the Borrower alone shall be liable for the payment of such remuneration; (d) The Lender may, from time to time and at any time, require such receiver to give security for the due performance of his duties as such Receiver and may fix the nature and amount of the security to be given to the Lender but the Lender shall not be bound to require such security in any case; (e) The Lender may pay over to such receiver any monies constituting part of the securities to the intent that the same may be applied for the purpose hereof by such Receiver and the Lender may, from time to time, determine what funds the Receiver shall be at liberty to keep in hand with a view to the performance of his duties as such Receiver; (f) Every such Receiver shall be the agent of the Borrower for all purposes and the Borrower alone shall be responsible for his acts and defaults, loss or misconduct and liable on any contract or engagement made of entered into by him and for his remuneration and the Lender shall not incur any liability or responsibility therefor by reason of its making of consenting to his appointment as such Receiver. (V) All the said goods and all sale realisations and insurance proceeds thereof and all documents under this security shall always be kept distinguishable and held as the exclusive property of the Lender specifically appropriated to this security and he dealt with only under the directions of the Lender and the Borrower shall not create any charge, mortgage, lien or other encumbrance upon or over the same or any part thereof except in favour of the Lender nor suffer any such charge, mortgage, lien or other encumbrance or any attachment or distress to affect the same or any part thereof nor do or allow anything that may prejudice this security and the Lender shall be at liberty to incur all costs and expenses as may be necessary to preserve this security and to maintain the same undiminished and claim reimbursement thereof as mentioned in sub-clause (i) hereof provided that except to the extent specifically permitted by the Lender, the Borrower shall not sell all or any of the said goods. The Borrower shall on any and every such sale pay to the Lender, if so required by it, the net proceeds of the sale or disposal in satisfaction so far as the same shall extend, of the monies, due and payable by the Borrower to the Lender provided that the Borrower may without payment to the Lender, if the Lender so agrees, replace the outmoded equipment by equipment of equivalent or greater value. (vi)The Borrower shall, whenever required by the Lender give full particulars to the Lender of all the assets of the Borrower and of the said goods and shall furnish and verify all statements, reports, returns, certificates and information from time to time and as required by the Lender and may furnish and execute all necessary documents to give effect to this security. (vii) This security shall be a continuing security for repayment of the Loan together with all interest, commitment charges, liquidated damages, premia on redemption and repayment or payment of all other monies due to the Lender under the loan agreement and these presents and shall not affect, impair or discharge the liability of the Borrower by winding up (voluntary or otherwise) or by any merger or amalgamation, reconstruction or otherwise of the Borrower with any other company or take over of the management or nationalisation of the undertaking of the Borrower. (viii) The Borrower hereby declares that the said goods are and will at all time be the absolute property of the Borrower at the sole disposal of the Borrower and subject to the charges created and/or to be created with the specific permission of the Lender be free from any charges, trust, pledge, lien, claim or encumbrance and as to future goods the same shall likewise be unencumbered, absolute and disposable property of the Borrower with full power of disposition over the same provided that the Borrower shall be entitled at all times to sell or dispose of the Banker’s goods in the ordinary course of business and also to hypothecate the Banker’s goods by way of first charge in favour of its Bankers, such charge(s) in favour of the Bankers to rank in priority over the charge hereby created. (ix)The Borrower hereby appoints the Lender as its attorney and authorise the lendor to act for and in the name of the Borrower to do whatever the Borrower may be required to do under these presents and generally to use the name of the Borrower in the exercise of all or any of the powers by these presents conferred on the Lender and the Borrower shall bear the expense that may be incurred in this regard. (x) Nothing herein shall prejudice the rights or remedies of the Lender in respect of any present or future security, guarantees, obligation or decree for any indebtedness or liability of the Borrower to the Lender. (xi)The provisions contained herein shall be read in conjunction with the provisions of the loan agreement as amended from time to time and to the extent of any inconsistency or repugnancy the latter shall prevail to all intents and purposes. SCHEDULE (Short Particulars of movable properties) In witness whereof the Borrower has caused its common seal to be affixed hereto on the day, month and year first above written. Witnesses Borrower 1......................... 2.......................... Lendor












