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  • Statement of Transfer of Immovable Property for Obtaining No

    Statement of Transfer of Immovable Property for Obtaining No-Objection Certificate from Appropriate Authority, Income-Tax Department Form No. 37-1 Statement of transfer of immovable property to be furnished to the appropriate authority under section 269UC I/We........................................................................................................... [name(s) and addresses) of the transferor(s] intend to transfer the immovable property located at ............................................... to   ..................................................................................................................... [name(s) and addresses) of the transferee(s)] The total apparent consideration for the transfer of the above property is.................. (in words) [............................]. The particulars of the agreement for transfer of the said (in figures) property are furnished in the annexure to the statement. Verification In my/our opinion and to the best of my/our knowledge and information, the particulars furnished above and in the Annexure hereto are true and correct. Transferor(s)                                                                                   Transferee(s) 1. ....................................                                                                    ......................... S/o, D/o, W/o                                                                           S/o, D/o, W/o 2 . ..................................                                                                     .......................             S/o, D/o, W/o                                                                         S/o, D/o, W/o 3. ....................................                                                                    .........................             S/o, D/o, W/o                                                                         S/o, D/o, W/o Note: Any change in the address of the transferor(s) or the transferees) should be communicated in writing immediately to the appropriate authority to whom this statement of transfer has been furnished. ANNEXURE Particulars of the agreement for transfer of immovable property 1.     Particulars of the transferor(s):-               i.        Name(s)                                                                                          ..............              ii.        Father's name                                                                                       ..............             iii.        Present address(es)                                                                        ............... a.     Lane/Street No., with name                                                        ............... b.    Locality                                                                                     ............... c.     City/Town with pin code                                                             ............... d.    District                                                                                      ................ e.     State                                                                                        ............... f.     Telephone No., if any                                                                ...............             iv.        Permanent address(ies)                                                                        …........... a.     Lane/Street No. with name                                                         ............... b.    Locality                                                                                     ............... c.     City/Town with pin code                                                             ............... d.    State                                                                                        ............... e.     Telephone No., if any                                                                …............              v.        PAN/Ward/City/District where assessed to income-tax                      .............. 2.     Particulars of the transferee(s):-               i.        Name(s)                                                                                          ............              ii.        Father's name                                                                                              .............             iii.        Present address(es)                                                                        .............. a.     Lane/Street No., with name                                                        ............... b.    Locality                                                                                     ............... c.     City/Town with pin code                                                             ............... d.    District                                                                                      ............... e.     Telephone No., if any                                                                ...............             iv.        Permanent address(es)                                                                    ............. a.     Lane/Street No., with name                                                        ............. b.    Locality                                                                                     ............... c.     City/Town with pin code                                                             ............... d.    District                                                                                      ............... e.     Telephone No., if any                                                                ...............              v.        PAN/Ward/City/District where assessed to income-tax                      ............... 3.     Persons in occupation of the property sought to be transferred and details thereof-.- ..................................................................................................... .....................................................…............................................ ..............................................……...….......................................... 4.     Persons interested in the property and in the consideration specifying their shares and basis thereof:-               i.        ....................................................................................................              ii.        ....................................................................................................             iii.        .................................................................................................. 5.     Mode of acquisition of the property by the transferor.-               i.        Please state whether the property has been constructed/purchased/ acquired on distribution of assets on the total or partial partition of HUF/under a gift or will/by acquisition, inheritance or devolution/on any distribution of assets on the dissolution of firm, body of individuals or other association of persons/on any distribution of assets an the liquidation of a company/under a transfer to a revocable or irrevocable trust/under any transfer by a shareholder in a scheme of amalgamation;              ii.        Cost of acquisition of the property by the transferor or by the previous owner if the prop" has been acquired under other modes mentioned  above;             iii.        Date of acquisition of property by the transferor. 6.     Date of written agreement for transfer of the said property (A copy of the agreement may please be enclosed).- 7.     Details of the property sought to be transferred:- Description, location and other particulars of the property sought to be transferred.               i.        Land;              ii.        Building(s);             iii.        Plant and machinery;             iv.        Furniture and fixtures attached;              v.        Other assets. 8.     Nature of interest or right proposed to be transferred, please indicate   whether the property consists of               i.        ownership, or              ii.        membership of co-operative society, or association of persons, or a company (Please indicate the number of shares and their value), or             iii.        lease, or             iv.        right to possession taken or retained in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 or any agreement or arrangement of whatever nature. 9.     Particulars of consideration for transfer:-               i.        If the transfer is by sale, please state the consideration as per the agreement for transfer of various assets: ................................................................................................ ................................................................................................ ..............……............................................................................ .................................................................…............................ ...........................................................……...............................              ii.        If the transfer is by way of exchange for a thing(s), please state the price that such thing(s) would fetch on sale in the open market on the date of agreement for transfer;             iii.        If the transfer is by way of exchange for a thing(s) and a sum of money, please state the price that such thing(s) would fetch on sale in the open market on the date of agreement for transfer and such sum of money;             iv.        If the transfer is by way of lease, please state: a.     the period of lease, b.    the amount of premium, c.     the frequency of premium to be paid, d.    if the lease is in consideration of rent only, please state the aggregate of the money(s) payable by way of rent; and the amounts for services or things forming part of, or constituting, the rent, e.     if the lease is in consideration for premium and rent, please state the aggregate of the amount of the premium, the rent and the amounts for services, or things forming part of, or constituting, the rent.              v.        If the whole or a part of the consideration for transfer is payable on any date failing after the date of agreement for transfer, please state:- a.     date of agreement for transfer of the property, b.    date(s) on which consideration is payable, c.     discounted value of consideration on the date of agreement for transfer as per rule 48-1.             vi.        In a case not covered by items (i) to (v), please state the amount of consideration:- 10.  Address of the Registrar where the agreement is required to be registered:- ........................                                                                                .................     Signature                                                                                            Signature Transferor(s)                                                                                    Transferee(s)   Notes 1.      Where the space for furnishing the details in the Form is not adequate, separate sheets may be attached. 2.      The statement in the Annexure can be either in Hindi or in English. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • Agreement for Sale of Mortgaged House

    Agreement for Sale of Mortgaged House This Agreement  made at ......................... on this ................ day of ..................., 2000, between A, son of ...................... resident of ...................... (hereinafter called the vendor) of the FIRST PART, B, son of....................... resident of ................................. (hereinafter called the purchaser) of the SECOND PART and C son of ..................... resident of....................................... (hereinafter called the mortgagee) of the THIRD PART. Whereas the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder written, hereinafter referred to as the "said house"; And Whereas the said house is mortgaged with Shri ................. for the sum of Rs. ...................... pursuant to a deed of mortgage executed between the vendor and Shri ............................. on the other part and a sum of Rs. ....................... is due from the vendor to the said mortgagee. And Whereas the vendor has agreed to sell and purchaser has agreed to purchase the said house an the terms and conditions mentioned below: it is hereby agreed between the parties as follows: 1.     The vendor will sell and the purchaser will purchase all that house No. .................... Road ............... more particularly described in the Schedule hereunder written for a sum of Rs. ............... out of which the purchaser has paid Rs. ................. to the vendor as earnest money (the receipt of which sum, the vendor hereby acknowledges) and out of balance price to be paid by the purchaser, he shall pay Rs . .................. on or before the date of ......................... and the remaining sum of Rs. .................. will be paid to the vendor at the time of registration of the sale deed. 2.     The mortgagee's advocate shall deliver the documents of title of the said house to the purchaser's advocate against his accountable receipt within .................. days from the date of this agreement for investigation of title. It is hereby declared that delivering the documents of title by the mortgagee to the purchaser's advocate will not affect the mortgage of the mortgagee and mortgage on the said house will continue until the full payment of the mortgage money is made to the mortgagee by the vendor or the purchaser. 3.     The said house will be purchased by the purchaser without any encumbrance, easements, restrictions and rights affecting the same. 4.     The purchase shall be completed within a period of .............. months from the date of this Agreement. The purchaser shall send the draft conveyance deed to the vendor a fortnight prior to the date of the intended execution and after approval thereof by the vendor, the purchaser shall get the same ready for execution by the vendor. All expenses for preparation of the conveyance deed, cost of stamp and registration charges and all other out of pocket expenses shall be borne by the purchaser. 5.     The mortgagee shall discharge the mortgage on the back of the mortgage deed on payment of Rs. ........... by the purchaser and return the mortgage deed duly discharged to the purchaser. It is hereby agreed and confirmed that the sale deed shall not be executed, unless the mortgage on the said house is discharged by the mortgagee. 6.     If the vendor's title to the said house is not approved by purchaser's advocate, the vendor shall refund the earnest money to the purchaser within ................. days from the date of intimation by the purchaser about the non-approval of the title by his advocate. If the vendor does not refund the earnest money within................ days, he shall be liable to pay interest @ Rs ................ per month upto the date of payment of earnest money. In the case of non-approval of title by the purchaser's advocate, the purchaser's advocate shall return the documents of title of the said house to the mortgagee's advocate. 7.     If the purchaser commits breach of this agreement, the vendor shall forfeit the earnest money paid by the purchaser and the purchaser shall also be liable to pay to the vendor the deficiency and expenses of resale of the said house. 8.     If the vendor commits breach of the agreement, he shall refund the earnest money to the purchaser and he shall also be liable to pay Rs . .................. to the Purchaser by way of liquidated damages. 9.     The vendor shall execute conveyance deed in favour of the purchaser or his nominee, as the purchaser may require. 10.  The vendor shall hand over the vacant possession of the said house and documents of title in respect thereof to the purchaser before registration of the conveyance deed. 11.  The vendor shall at his own cost obtain certificate under section 230A, Income-tax Act, and any other permission or no objection from Government, Municipal or statutory authority for the completion of conveyance deed. 12.  Notwithstanding anything contained in clauses 7 and 8 hereof, the parties will have the right for specific performance of this Agreement. The Schedule above referred to IN WITNESS WHEREOF the parties have set their hands to this Agreement on the date and year first hereinabove written. Signed and delivered by Shri A, the within named Vendor Signed and delivered by Shri B, the within named Purchaser Signed and delivered by Shri C, the within named Mortgagee WITNESSES; 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Agreement for Sale for Purchase of a Plot for Constructing Flats

    Agreement for Sale for Purchase of a Plot for Constructing Flats This Agreement of sale made at ................... on this .............. day of ....................., 2000, between  (1) A, son of ......................  (2) B, son of ...........................  (3) C, son of .........................  (4) D, son of ...............................  all residents of...............................  hereinafter collectively called the Vendors of the ONE PART and M/s. ………………………………………,  a company incorporated under the Companies Act, 1956 and having its registered office at ...........................,  hereinafter called the Purchaser of the OTHER PART. Whereas the Vendors are absolutely seized and possessed of or otherwise well and sufficiently entitled to the plot of land bearing plot No. ......................, situated at .......................................…………. and more fully described in the Schedule hereunder written. And Whereas the Purchaser is the builder, who is interested to purchase the plot of land for constructing the flats and the Vendors have agreed to sell the said plot of land to the Purchaser on the terms and conditions mentioned below: Now it is hereby agreed between the parties as follows: 1.     The Vendors will sell and Purchaser shall purchase the plot of land bearing Plot No. ....................., situated at........................................... and admeasuring about .......... sq. mts. more particularly described in the Schedule hereunder written. The purchase price will be calculated at the rate of Rs. 400 per sq. mtr. of the actual area of the land and the actual area of the land will be ascertained by joint measurement of the land by the representatives of both the parties. 2.     The Vendors declare that the tenure of land is freehold and the user of the said land is for the construction of the buildings including residential buildings thereon. The said plot is not subject to any assessment or tax or levy except assessment payable to ................ Municipal Corporation and the land tax payable to the Government of …………….. as under: Municipal taxes Rs. ...................per annum Land Revenue Rs........................... per annum 3.     The Vendors will make out a marketable title to the said plot free from all encumbrances, charges and claims to the satisfaction of the purchaser's advocate. The Vendors will, at their own cost, get in all outstanding estates and clear ail defects in title, encumbrances and claims on or to the property. 4.     The Vendors will within ..................... days of this Agreement deliver the title deeds of the property to the purchaser's advocates on their accountable receipt for investigation of title to the property. 5.     The Vendors declare and confirm that the said plot is not subject to any agreement for sale or lease in favour of any person and no interest in the said plot of any nature whatsoever has been created in favour of any person. The Purchaser shall be able to commence construction on the said plot immediately on completion of sale. 6.     The Vendors hereby agree and declare that the said plot is not affected by any Town Planning or any other scheme and that no notice of requisition/acquisition has so far been served on them by Government or Municipal Corporation or any other local or public body or authority for acquisition, requisition, set back or otherwise of the said plot or any part thereof. If before the completion of the sale, it is found that the said plot or any part thereof is affected by any town Planning intended or published scheme of improvement or is affected in any manner by any intended or published scheme of the municipal corporation or any other public body or Government or is reserved for any public purpose, the Purchaser shall have a right to rescind this agreement and in that event each party shall bear and pay its own costs, provided that if the Vendors or any one of them have or has concealed any notice issued or served as aforesaid, the Purchaser will be entitled to all costs, charges and expenses incurred and damages sustained by it. 7.     The sale shall be completed within .............. months from the date of this agreement, when the purchase price, shall be paid by the Purchaser to the Vendors. The Vendors shall execute and deliver or to be executed and delivered a proper conveyance deed in favour of the Purchaser or its nominee or nominees. 8.     If the Vendors fail to complete the sale as aforesaid, they will make good to the Purchaser all losses and damages suffered by it by reason of the Vendors default. 9.     The Purchaser hereby declares that it is purchasing the said property for building residential flats and if the Purchaser is satisfied that it will not be able to use the said plot for the construction of flats for residential purposes, the Purchaser shall have an option to rescind this agreement and in that event neither party shall have any claim against the other for costs, charges, compensation, damages or otherwise. 10.  The stamp duty registration charges and all other out of pocket expenses shall be borne and paid by the purchaser. Each party shall bear and pay its own solicitor's or advocate's costs. 11.  The Vendors will deliver vacant possession of the plot to the Purchaser at the time of registration of the conveyance deed. 12.  The Purchaser shall not pay any brokerage in respect of this transaction. 13.  The Vendors shall obtain necessary tax clearance certificate in pursuance of section 230A of the Income-tax Act or any other permission from the Government or any other authority required for the completion of the sale. 14.  If the sale is not completed within ............. months from the date of this agreement for no act or omission or default on the part of the Vendors, the Purchaser shall pay interest to the Vendors on the consideration amount at the rate of .............. % per annum from the date of expiry of the said period of six months till the date of completion of the sale on the purchase price payable by it. Schedule of property IN WITNESSES WHEREOF, the Vendors have set their hands and the Purchaser has hereunto set its hand to these presents through Shri ................................ Managing Director, the day and year first above mentioned. Signed and delivered by (1) Shri A (2) Shri B (3) Shri C (4) Shri D the within named Vendors Signed and delivered by M/s. ………., the within named Purchaser by its duly authorised executive Shri ..................... Managing Director WITNESSES; 1. 2. Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-)

  • SUIT FOR CLAIM FOR SETTLED OR CUSTOMARY INTEREST

    SUIT FOR CLAIM FOR SETTLED OR CUSTOMARY INTEREST IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff sold printed books to the defendant on.................... 19.................... on credit worth Rs..................... on condition printed in the Bill itself handed over after getting it countersigned by the defendant to the defendant, that if payment of the bill is not made within fifteen days, interest at the rate of 18 per cent per annum will be charged on the price of the books aforesaid after expiry of fifteen days. Or That the plaintiff supplied grain of Rs..................... on credit to the defendant on.................... 19.................... and according to the custom of the Galla Mandi of ................ city, interest at the rate of............. per cent is charges if the money of the grain is not paid within a Pakhwara after taking delivery of the goods on credit. 2. That fifteen days after.................... 19.................... have expired and the defendant has not paid the price of the goods supplied to him on credit. 3. That cause of action arose on.................... 19.................... when fifteen days expired and this Court has jurisdiction to decide the matter. 4. That the suit is valued at Rs..................... which includes the price of the goods supplied on credit and interest Rs..................... upto the date of filing the suit and court fee is paid thereon. RELIEF CLAIMED: The plaintiff claims payment of Rs..................... price of the goods sold and Rs..................... interest thereon upto the date of filing the suit and interest thereafter till payment thereof. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Development Agreement by the Landlords in Favour of a Builder

    Development Agreement by the Landlords in Favour of a Builder Download Word Document In English. (Rs.85/-) Download PDF Document In Marathi. (Rs.75/-) This Agreement made at ……………. this ....... day of ............, 2000, between (1) X, son of P, resident of ……………..; (2) Y, son of Q, resident of …………….. (3) Z, son of R, resident of …………….. (4) A, son of S, resident of …………….. (5) B, son of T, resident of …………….., and (6) Smt. C, son of U, resident of …………….., hereinafter called "the Vendors" (which expression shall unless repugnant to the context or meaning thereof mean and include their respective heirs, executors, administrators and assigns) of the FIRST PART; Smt. N wife of Shri M, resident of ………………….., hereinafter called "the Confirming Party" (which expression shall unless repugnant to the context or meaning thereof mean and include her heirs, executors, administrators and assigns) of the SECOND PART and …………………... a partnership firm through its Partner, D, son of F, resident of …………............., hereinafter called "the Developers" (which expression shall unless repugnant to the context or meaning thereof mean and include partner or partners for the time being of the said firm, survivors or survivor of them and the heirs, executors, administrators of such survivor, their, his or her assigns) of the THIRD PART. Whereas the Vendors are absolutely seized and possessed and sufficiently entitled to all those pieces or parcels of agricultural land, ground, hereditaments and premises one of which is the property bearing No. ............, admeasuring about …........ sq. meters, situated at .............……………................... and more particularly described in the Schedule hereunder written and delineated on the plan hereto annexed and thereon shown surrounded by a red colour boundary line (which property shall hereinafter for brevity's sake be referred to as 'the property'). And Whereas the said property was owned and possessed by Shri X and after the death of said Shri X, the said property was transferred to the name of his daughter Smt ............... and after the death of the said ................... who died on ....................... the said property is inherited by the Vendors herein as the only legal heirs and representatives of the said Shri X. And Whereas the name of Smt. N, who is the second daughter of the said ....................... was entered into ……………… by Mutation Entry No. .............. only on ................. However, the Vendors continued in the absolute possession of the said property being the heirs of said Smt. N, who had inherited the property of her deceased father Shri X and claimed the same absolutely she being under customary form of marriage and allowed to retain the property to her father absolutely and as such the said Smt. N does not claim any right, title and interest in the said property and agreed to confirm this agreement without claiming any right, title and interest therein. And Whereas the Vendors have represented to the Developers herein that they have filed the return of their total land holding as per section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976 with the Competent Authority under the said Act, and have also submitted the scheme under section 21 of the said Act to the said Competent Authority thereby requesting the Competent Authority to permit the Developers to develop the property as per the Scheme. And Whereas the Developers herein have approached the Vendors with an intention to develop the said property from the Vendors and pursuant to the negotiations by and between the parties hereto and subject to the necessary approval being granted by the Competent Authority under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 which approval/sanction is agreed to be persuaded by the Developers at their own costs and expenses and also subject to the plan of the proposed development being sanctioned by the Municipal Corporation of …………………, which responsibility is agreed to be shouldered by the Developers herein as a result of which hereof the Vendors are desirous of appointing the Developers as developers of the said property more particularly described in the Schedule hereunder written for the consideration and upon the terms and conditions hereinafter appearing: Now these presents witnesseth and it is hereby agreed by and between the parties hereto as follows: 1.     The Vendors do hereby nominate, constitute and appoint the Developers to develop/purchase the said property at their own cost more particularly described in the First Schedule hereunder written by constructing building/s thereon as per the plans/specifications to be approved and/or sanctioned by the Bombay Municipal Corporation and the Competent Authority under the Urban Land (Ceiling & Regulation) Act, 1976. 2.     In consideration of the Vendors having appointed the Developers as the Developers of the said property and the Vendors agreeing to allow the Developers to appropriate to themselves the entire profits arising from the development scheme as is hereinafter provided, the Developers agree to pay to the Vendors a sum of Rs. ............. (Rupees ........................ only) lump sum in the following manner: a.     Rs. .............. (Rupees ............................ ) being the part consideration and/or earnest money paid by the Developers to the Vendors on or before the execution of these presents (the payment and receipt whereof the Vendors doth hereby admit, acknowledge, acquit, release and discharge the Developers forever). On execution of these presents the Vendors shall hand over vacant and peaceful possession of the said property to the Developers for the purpose of development. b.    Rs............... (Rupees ................. only) being the further payment in the share of the development payable by the Developers to the Vendors on or before .................. ; which failure to pay this amount on stipulated date will entitle Vendors to claim interest at ..... % p.a. from the date of default till payment. c.     Rs .............. (Rupees ................................ only) to be paid on or before the .......... day of ..................., 2000. d.    Rs.............. (Rupees ............................ only) to be paid by the Developers to the owner on or before the ......... of .............., 2000. e.     Rs.............. (Rupees .................. only) on or before the .......... of ..............., 2000. f.     Rs.............. (Rupees ....................... only) on or before the ......... of g.    ...................., 2000. h.     Rs . .............. (Rupees ...................... only) on or before the ........... of ..................., 2000. The above stated payment shall entitle the Vendors an interest from the date of default till the payment on the stipulated rate of ..... % p.a. as stated hereinabove, on the balance of the purchase price in full and final settlement of the Vendor's claim over the said land on completion of the sale and/or execution of the Conveyance Deed and if more than one Conveyance Deed are to be executed on execution of last conveyance and all other necessary writings in favour of the Developers, his/their nominee/s including a proposed co-operative housing society or a Body Corporate as is hereinafter provided. It is made clear that if the Developers fail to take conveyances in his/their favour or in favour of the said proposed co-operative housing society before the amount stated in this sub-clause is to be deposited by the Developers with the Vendors till the conveyances and all other necessary writings as stated hereinabove are completed and/or executed and the property in question is transferred to the name of the said proposed co-operative society, but if the Developers fail to deposit the said amount as stipulated herein, they shall be liable for penal interest at the rate of ..... % from the date of default as stated above. Provided that if any FAR in addition to the existing available FAR becomes available in respect of the said property, the Developer shall pay an additional sum @ Rs. ............. per Sq. ft. to the Vendors on such additional FAR being sanctioned by the Municipal Corporation. The said payment will be made in 2 instalments on or before .................. and ..................., 2000. 3.     Within seven days from the execution of these presents, the vendors shall deliver or cause to be delivered all the title deeds, property card, certified copy of the plans of City Survey, etc. in relation to the property hereby agreed to be developed to Builder's Solicitors M/s. ..................................... & Co. for the purpose of investigation of Vendor's title to the said property. 4.     The present price of Rs. .......... is based on the area shown in …………………….. i.e. ............... sq. meters, which are to be ascertained by the parties hereto on joint survey and if the area is varied i.e. increased or decreased, the price will fluctuate - either increase or decrease at the rate of Rs . ............ per sq. meter. 5.     As per the present development plan, certain areas of the property hereby agreed to be developed is reserved for PG The Developers are not bound to pay for the said reservation, but in case they get the benefit of FAR and use the same for the purpose of development, they shall pay the Vendors at the above stated stipulated rate to the extent of benefit they have received from the said P.G. reservation. 6.     The Vendors declare that they have already filed the return as required under section 6 of the Urban Land (Ceiling & Regulation) Act, 1976. However, till date, they have not pursued the matter with the Competent Authority. The Vendors hereby authorise the Developers to obtain the N.O.C. under the Urban Land (Ceiling & Regulation) Act to the extent of a maximum share available and shall not object any share not being used for the purpose of development of the property hereby agreed to be developed. The Vendors further assure to extend maximum co-operation for obtaining N.O.C. and for giving declarations, affidavits, etc. 7.     Upon the payment of the said sum specified in clause 2(b) above, the Vendors shall hand over the vacant and peaceful possession of the said property to the Developers and Developers shall thereafter be authorised to commence construction of buildings on the said land in accordance with the plans approved and/or sanctioned by the ……………Municipal Corporation as well as under the Urban Land (Ceiling & Regulation) Act, 1976 and take such steps as may be necessary or expedient and incidental to carry out the development of the said land at their own costs, expenses. For the said purpose, the Developers shall be entitled to appoint Architects, Engineers, Surveyors, Contractors, Agents and other personnel and shall be entitled to take all such steps as may be necessary or incidental for such development and construction work at their own costs and expenses. 8.     It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter regarding NOC with the Competent Authority under the Urban land (Ceiling & Regulation) Act, 1976 and obtain NOC from such authority. It is further agreed by the Developers that all the necessary permission and/or sanction required from the Competent Authority and/or State Government either for the purpose of development of the said property or for the transfer of the said property including the proposed structure thereon under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 shall be obtained by the Developers at their own costs and expenses and the Vendors shall not be liable for any such NOC, expenses relating thereto or delay in obtaining the same. 9.     Immediately on the execution of these presents, the Vendors herein shall execute a Power of Attorney in favour of the Developers or their Nominee(s) as may be desired by the Developers for the purpose of signing and/or executing all the applications, proceedings, plans, etc. to obtain necessary approval from the various authorities in connection with the development to be submitted by the Developers on behalf of the Vendors to the Competent Authority, Urban Land Ceiling, Municipal Corporation of …………………, Town Planning Authority or any other Government or Semi-Government authority in connection with the development so as to facilitate the development of the property hereby agreed to be developed by the Developers on behalf of the Vendors. The Vendors hereby agree that the said Power of Attorney shall not be, under any circumstances, revoked by the Vendors as long as these presents subsist and remain binding upon the parties hereto. If the said Power of Attorney is revoked by the Vendors and delay is caused in developing the property hereby agreed to be developed the consequences arising thereof shall be at the costs of the Vendors alone. 10.  It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter with Town Planning Authorities, Municipal Corporation of …………………., …………………Electric Supply for the purpose of removing the reservation/restriction, if any and for the purpose of allotting the plots under ………. Scheme, etc. and under no circumstances, the Developers shall call upon the Vendors to pay the costs of such actions. The Developers agree and undertake that at any post and under any circumstances they will get the property released from reservation, if any, and get the said allotted under ………. Scheme. in favour of the Vendors. It is agreed by the Developers that whatever may be the final sanction under ………. Scheme they shall pay to the vendors as per the original plot area. 11.  The Vendors shall render all assistance, co-operation and sign and execute or cause to be signed and executed all applications, plans, authorities and other writings as may be necessary or required to enable the Developers for development of the said plot and to obtain approval of the ……….. Municipal Corporation and Planning Authority to the Plans, designs and drawings for putting up building and structures and shall on the execution thereon execute a Power of Attorney in favour of the Developers or their Nominee/s to enable them to develop the said property and the Developers shall indemnify and keep indemnified and harmless the Vendors and their estate and effects from and losses or damages or any consequences which may flow by virtue of their signing the said Power of Attorney. 12.  All buildings to be constructed on the lands comprised under this Agreement and the dwelling units thereon will be in accordance with the Scheme sanctioned by the Competent Authority or State Government under the provisions of Urban Land (Ceiling & Regulation) Act and will be dealt with in accordance with the directions, if any, given by the Competent Authority or State Government while sanctioning the said scheme. If the Developers desire any variations in the said scheme, so as to provide dwelling units of larger sizes in the building to be constructed on the said land and/or to receive higher price for such dwelling units the Developers, shall be at liberty to make necessary application for the purpose to the authorities concerned at their own costs and the Vendors shall join the Developers in the said applications provided however, if the authorities concerned refuse or decline to give ,any such applications, which may be made by the Developers, dwelling units on the said property will be constructed in accordance with the scheme which may be sanctioned by the Competent Authority or State Government under the said Act. 13.  The Developers shall not commence any work of development on the said property, unless the no objection and commencement certificate is issued by the State Government/Municipal Corporation in favour of the vendors. 14.  It is expressly agreed by the Developers that they shall at their own costs and expenses obtain permission/s from the Competent Authority for the purpose of development of the said property and/or for the purpose of implementing the construction scheme in respect of the entire property hereby agreed to be sold, so as to enable the Developers to construct the dwelling units as per the scheme sanctioned by the Competent Authority and to enable the Developers to consume the entire available F.S.I. and after being constructed to allot flats/shops/garages, etc. to the intending flat purchasers and ultimately to transfer the said property to a co-operative housing society and/or a company. It is also agreed and undertaken by the Developers that they shall apply for and obtain non-agricultural user from the Collector, in respect of the said piece or parcel of land. 15.  The Vendors shall make out a clear and marketable title to the said property, hereditaments and premises agreed to be developed and ultimately to be conveyed free from reasonable doubts and all encumbrances and shall at their own costs and expenses get in all outstanding estates and clear all defects in the title and all encumbrances and claims on or to the said property including all claims by way of sale, exchange, mortgage, gifts, trust, hereditaments, possession, except the possession of agricultural tenants, easement, lease, lien or otherwise. 16.  It is agreed and understood that the Vendors shall not in any way obstruct the development work to be carried out by the Developers and shall not do any act, matter or thing whereby the Developers will be prevented from carrying out the Development work envisaged under this Agreement. 17.  The Developers shall at their own cost make necessary arrangement for construction of the buildings on the said land in accordance with the scheme, which may be approved by the Competent Authority or State Government under the provisions of the said Act and the Developers shall execute an indemnity in favour of the vendors for the due performance of the terms of the said order. 18.  The Developers shall be at liberty to allot the dwelling units of flats in the said buildings to be constructed on the said property or to enter into any package deal agreement for allotment of completed building or buildings to be constructed on the said land with such party or parties and at such price 'and on such terms and conditions as the Developers/Purchasers may deem fit and proper. All such allotments and arrangements shall, however, be made by the Developers at their own costs and expenses and at their own risk, the intention being that the Developers shall alone be liable and responsible to such party or parties, provided, however, that the price and the terms and conditions at or on which the said building or buildings or part thereof are to be allotted shall not in any manner be inconsistent with or in contravention of any law and conditions imposed in NOC under section 20 or 21 of the said Urban Land (Ceiling & Regulation) Act, as may be sanctioned by the Competent Authority or State Government. The Developers hereby indemnify and keep indemnified the Vendors in respect of any such claim that may be made or suffered by the Vendors and costs, charges and expenses on account of sale or allotment of flats or otherwise. 19.  The Developers shall be entitled to enter into usual Agreement for sale of flats/shops/ garages/office premises with various intending buyers, on what is known as ownership basis, on such terms and conditions and at such price as the Developers may think fit and proper: PROVIDED, however, the Developers shall not part with possession of the flats, shops, garages, units, etc. in the buildings that will be constructed by them in pursuance of this Agreement unless and until the entire amount payable to the Vendors as per these presents is paid by the Developers to the Vendors. 20.  All amounts payable by the allottees of the dwelling units and the buildings to be constructed on the said piece of land or from the allottees of completed building in case of package deals under any arrangements made by the Developers with such allottees shall be received and appropriated by the Developers. 21.  The entire development work in respect of the property shall be carried out by the Developers in accordance with the plans that may be approved by the Municipal Corporation of ……………. and other concerned authorities and while carrying out construction work, the Developers will strictly comply with the building rules and bye-laws of the Municipal Corporation of Greater Bombay, various instructions, orders and directives, that may from time to time be issued in regard to the construction work by the Bombay Corporation and other concerned authorities. The Developers shall carry out the entire construction work at their own account and risk and at their own responsibility and shall pay and discharge all the costs, charges and expenses in relation to the construction work including payment of salaries and wages to the personnel and workmen employed in construction work, bills of the suppliers of building materials, Municipal rates and taxes in respect of the said property and from the date the Developers being put in possession and allowed to enter upon the said property, fees of the architects and R.C.C. specialists and consultants and all other professionals charges and/or retained in regard to the construction work. The Developers hereby agree to indemnify and keep indemnified the Vendors of land from or against any claim that may be made against Vendors by any one and/or any damage the Vendors may suffer as a result of the Developers committing breach of any of the building bye- laws, rules, orders, directives, instructions that may be issued by the Municipal Corporation of ………………. and other concerned authorities in connection with the construction work as aforesaid and/or the Developers committing default in payment of the salaries, wages and fees including the payment for injuries or any compensations during the progress of work of various mentioned hereinabove as also in payment of the Bills of Suppliers of the building materials and in payment of the Municipal taxes or in any damages or loss that may be suffered or sustained by the Vendors as a result of the Developers carrying out the construction work and/or development on the said property. 22.  It is agreed that the developers shall carry out ail the work of development in their name/s or in the name of their nominees, shall not do or cause to be done any act, deed, matter or thing in the name of the Vendors. It is expressly understood that all the agreements, arrangements or writings which the Developers may enter into shall be in their own name and not in the name of the Vendors. It is also expressly understood that the Developers will be entitled to the benefit of rights of development under any order or permission which may be issued by the Government of …………… under section 20 and/or 21 of the Urban Land (Ceding & Regulation) Act, 1976. 23.  The Vendors hereby declare that: a.     The said property is equivalent to freehold and is not held under any agreement; b.    There are no outstanding encumbrances, mortgages, liens (notice for acquisitions, requisitions or set back) easements, rights of tenants or outstanding interest or claim by any parties other than the Vendors nor is the said property subject-matter of any pending suit or attachment either before or after judgement. No notification is issued under any Ordinance, Act, statute/rules or regulations affecting the said property; c.     The Vendors further declare that neither the Vendors nor his/their predecessors-in-title nor any body claiming from/or under them or any of them have or have granted any right of way or easement or other rights to any person over the said property; d.    The Vendors agree and undertake to obtain consent and confirmation from Smt. N and in case of her demise before the execution of the conveyance from the legal heirs of said Smt. N confirming the sale in favour of the Developers or their nominee/s including a co- operative housing society as the case may be. 24.  It is agreed that the Vendors and all other necessary parties shall execute the Deed of Conveyance and/or all other writings in favour of such person/s as the Developers may direct and in the event of Conveyance/s be given in favour of the Nominee/s of the Developers or a proposed co-operative housing society. The Developers shall also join as a Confirming Party to the said Conveyance. 25.  The Vendors will ensure that at the time when the Developers are allowed to enter upon the said piece of land described in the Schedule hereunder written, the said piece of land is absolutely vacant and nobody is in occupation of the same. 26.  The Vendors hereby agree and confirm that the Developers shall be entitled to transfer the benefit and burden of this Agreement subject to the terms and conditions mentioned herein either as a whole or in part to one or more parties and that the Vendors shall have no objection to the same and the terms and conditions of this agreement shall remain binding over such transferees. 27.  It is agreed that the Developers shall carry out the work of development in their own name and shall not cause or cause to be done any deed or matter or thing whereby the Vendors are put to loss and have to discharge any liability. It is expressly agreed that the agreement which the Developers may enter into with any person in connection with the development scheme or for sale of flats, etc. shall be entered into only in the name of the Developers on principal to principal basis and not as agents of the Vendors herein. 28.  The Developers agree to pay Municipal, betterment charges, T.P. charges, water charges, electricity charges, fines and penalties arising as a result of change in the user of the said land. 29.  The Vendors declare that the land, hereditaments and premises hereby agreed to be developed and conveyed are not subject to the easement or rights in the nature of easement. 30.  The Vendors hereby declare that no notice from Government or any other body or authority or under the ………………. Municipal Corporation Act or Land Acquisition Act or Town Planning Act, The Defence of India Act or under any other legislative enactments, Government Ordinances, Order or Notification (including any notice for acquisition or requisition of plots or any part thereof) has been received by or served upon them or any other person/s interested therein nor is the said plot or any part thereof included in any intended or publishes scheme of improvement of the Municipal, Government body or Public Body or authority save and except that the said plot is included in the development plans for …………. and portion of it is intended for reservation of playground. 31.  The Vendors hereby agree to pay and discharge all taxes and outgoings in respect of the said land prior to the sale on which the Developers are put in possession of the said land. 32.  The Vendors shall be entitled to receive the rent and profits and shall be liable to pay all outgoings, such as Municipal taxes, land revenue, etc. prior to the date the Developers are put in possession and the Developers shall from the date they are put in possession be entitled to receive the rents and profits and liable to pay all outgoings (including Municipal taxes, land revenue charges for consumption). 33.  The Vendors shall pay all outgoings including the ground rent, municipal and Collector's bills and charges in respect of the said property hereby agreed to be developed and conveyed previous to the date of handing over of the possession to the Developers. The Developers agree and undertake to bear all the betterment charges in respect of the said property and all taxes, Municipal, Collector's bills, etc. after the date of taking over of the possession. 34.  On the execution of these presents, the Vendors have authorised and allowed the Developers to put up the notice/signboards @herein indicating the proposed development scheme of the Developers )n the said property. 35.  From the date of the possession, the Developers shall be entitled to commence the construction of the new building at their own costs and responsibility and also enter into the agreement for sale of units/flats, etc., herein at their entire responsibility on what is known as ownership basis'. 36.  The Vendors hereby authorise the Developers to sign and execute applications, writings, undertakings for amalgamation, layout, sub-division, building plans and other assurances and submit the same D the Municipal and Public authorities and to obtain commencement certificate, etc. for obtaining N.A. and transfer Permission for the purpose of and for the development of the said property and also to appoint the Architect at Developers' costs and expenses. It is also agreed that all the costs, charges and expenses to e incurred in pursuance of this clause save and except as provided otherwise in this Agreement shall be borne and paid by the Developers alone irrespective of the fact whether the transaction goes through or not. 37.  The Vendors declare that the property in question is ancestral property. However, there is no minor interested in the property and hence the question of obtaining the sanction from the competent Court relating to minor's interest in the property does not arise. 38.  If the Development/sale be not completed due to any wilful default on the part of the Vendors, the Developers shall be entitled to specific performance of this Agreement. 39.  The Vendors shall immediately on execution of the Conveyance apply for and shall obtain his/their Income Tax Clearance Certificate under section 230A of the Income-tax Act, 1961 in respect of Deed of Conveyance of the said property and till that time the balance purchase price to the Vendors shall remain deposited with the Vendor's Advocates as his stake-holders. 40.  The Developers are aware of the fact that at present there is no proper access to the property to be developed and the Developers have agreed to construct a road thereby facilitating an access to the properly hereby agreed to be developed at the Developers own costs and expenses and under no circumstances, the Developers shall cancel these presents on the ground of non-availability of access as it is agreed by the Developers that they shall bear the costs of the access, if necessary. 41.  On the execution of these presents, the Vendors authorise and allow the Developers to put up the notice/signboards therein indicating the proposed development scheme of the Developers on the said property. However, it is made clear by the Vendors to the Developers that to put up the signboards does not mean even by implication the handing over of the possession and mere putting of the signboards does not give any right to the Developers of possession and the Developers shall not have any interest whatsoever against the said property. 42.  This agreement shall not be treated as a partnership between the Vendors and the Developers. 43.  The Developers shall indemnify and keep indemnified the Vendors from and against all actions, claims, demands, proceedings, fines, penalties and all costs, expenses and damages incurred or suffered by the Vendors in the course of such development. 44.  Save and except as hereinbefore otherwise provided, all costs, charges and expenses of the Vendors and of the Developers and incidental to this Agreement and Conveyance and other writing or writings to be made in pursuance hereof including stamp duty, registration charges, plan, certified copies, correspondence and all the expenses shall be borne and paid by the Developers alone. The fines and penalties payable to the Collector or transfer of the property not incurred by reason of any delay in lodging the Deed of Conveyance by the Developers shall be paid by the Developers alone. The penalty payable to the Registrar of Assurances shall be paid by the party by whose default such penalty may have become leviable. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written. The Schedule above referred to ALL THAT piece or parcel of land, ground, hereditaments and premises bearing No. ............ and admeasuring about .......... sq. meters, situated at .......................................... and delineated on the Plan hereto annexed and thereon shown surrounded by a red colour boundary line and bounded as follows:- On or towards the East On or towards the West On or towards the North On or towards the South Signed, sealed and delivered by the within named Vendors 1. X 2. Y 3. Z 4. A 5. B 6. Smt. C Signed, sealed and delivered by the within named Confirming Party Smt. N WITNESSES; 1. 2. Received the day and year first hereinabove written of and from the within named Developers a sum of Rs. ............ (Rupees ................... only) as and by way of earnest money to be paid by them to us by Cheque No . .................... dated .................... for Rs . ................ drawn by the ................................... We Say Received 1. X 2. Y 3. A 4. B 5. Smt. C SIGNED, SEALED AND DELIVERED by the within named Developers M/s. …………… by the hands of Shri ………………….., its partner.

  • Sale of Property to Various Purchasers as Tenants

    Sale of Property to Various Purchasers as Tenants-in-Common THIS Deed of Sale made at ....................... this ............ day of.............., 2000, between A, son of.......................... resident of ........................................ (hereinafter referred to as i.e. Vendor) of the ONE PART and        i                B, son of ............................... resident of ..............................       ii                C, son of ………….............. resident of ……..........................      iii                D, son of ........................ resident of ........................... (hereinafter collectively referred to as the Purchasers) of the OTHER PART. This Deed Witnesseth as Follows: In consideration of Rs..................... paid to the Vendor by the Purchaser in equal shares (the receipt whereof the Vendor hereby acknowledges), the Vendor hereby grants, conveys, transfers and sells to the Purchasers all that property described in the Schedule hereto, to have and to hold the same unto the Purchasers as absolute owners in equal shares tree from encumbrance or charge. AND THE VENDOR COVENANTS with the Purchasers that they, the Purchasers may at all times hereafter possess the said property and enjoy the said property hereby conveyed, transferred and sold to them without any obstruction, interference or hindrance by or on behalf of the Vendor or any person or persons claiming under or through him. AND THE VENDOR at any time hereafter at the request and cost of the Purchasers do and execute all such acts, things and deeds as may be reasonably required more effectively to transfer and assure the property hereby sold, transferred and conveyed to the Purchasers. IN WITNESS WHEREOF the parties have hereto set and subscribed their respective hands on the day and year first abovementioned. The Schedule above referred to WITNESSES 1 . Vendor ............................ 2. Purchaser ........................ Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Form of agreement to be entered into between Promoter and purchaser of flat

    Form of agreement to be entered into between Promoter and purchaser of flat Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) This Agreement made at _____________ this __________ day of _______________, 2000 _________ between ______________ hereinafter referred to as “the Promoter” ( ____________________ ) of the One Part and ( _____________________ ) hereinafter referred to as “the Flat Purchaser” ( __________ ________________________ ) of the Other Part. Whereas the Promoter has by an Agreement / Conveyance dated _____________ day of ____________, 2000 and executed between ______________________________ of the One Part (hereinafter referred as “the Vendor”) and the Promoter of the Other Part, the Vendor has agreed with the Promoter for the absolute sale to the Promoter / sold absolutely to the Promoter an immovable property being piece or parcel of freehold land lying and being at ______________ in the Registration Sub-District of _____________ admeasuring __________________ sq. mts. or thereabouts more particularly described in the First Schedule hereunder written (hereinafter referred to as “the said land”). And Whereas by and under a lease / an agreement for Lease dated the ________ day of __________________, 2000 made between ______________________ of the One Part (hereinafter referred to as “the Lessor”) and the Promoter of the Other Part, the Lessor agreed to grant unto the Promoter a lease in perpetuity / for a term of ____________________ years in respect of an immovable property being piece or parcel of leasehold land being at ________________ in the Registration Sub-District of ____________________ admeasuring _________ sq. mts. or thereabouts more particularly described in the First Schedule hereunder written (hereinafter referred to as “the said land”) at a rent of Rs. ____________________ per annum / month and on the terms and conditions contained in the said Lease / Agreement for Lease. And Whereas, the Lease / Agreement for Lease is with the benefit and right to construct any new building/s, if so permitted by the concerned local authority. And Whereas by an agreement dated ___________ day of ______________, 2000 Power of Attorney, dated ____________ executed between Shri _________________ (hereunder referred to as “the Original Owner”) of the One Part and the Promoter of the Other Part (hereinafter referred to as “the Development Agreement) the Original Owner has appointed the Promoter as his agent to develop the piece or parcel of freehold land lying and being at ___________ in the Registration Sub-District of _____________ admeasuring ______________ sq. mts. or thereabouts more particularly described in the First Schedule therein as well as in the First Schedule hereunder written (hereinafter referred to as “the said land”) and to construct thereon building/s in accordance with the terms and conditions contained in the Development Agreement / Power of Attorney: And Whereas as a result of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “The Ceiling Act”) which came into force in the State of _____________ on ______________. Vendor / Lessor / Original Owner / Promoter were not entitled to hold any vacant land in excess of the ceiling limit except as otherwise provided in the Ceiling Act. And Whereas the Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the said land in the Government and revenue records, the Vendor/ Lessor/Original Owner/Promoter submitted to the Government of _________________ (hereinafter referred to as "the Government") in the name of the Vendor/Lessor/Original Owner and or promoter an application under section _______ of the Ceiling Act for exempting the said land from the provisions of the Ceiling Act. And Whereas by an Order ___________ dated _________ (hereinafter referred to as "the said Order") the Government exempted, subject to the conditions stated in the said Order, the said land from the provisions of the Ceiling Act. And Whereas as per the said Order and as a result of the Development Agreement the Promoter is entitled and enjoined upon to construct buildings on the said land in accordance with the said order. And Whereas the Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the said land in the Government and Revenue records, the Vendor/ Lessor/Original Owner/Promoter submitted to the Government of ________________ (hereinafter referred to as "the Government") in the name of the Vendor/lessor/Original Owner and Promoter an application under section _______of the Ceiling Act and the guidelines framed by the Government in respect of section ____ of the Ceiling Act for the purpose of developing the said land as stated in the application in accordance with the provisions of the Ceiling Act. And Whereas by Order No. _______ dated ____________ (hereinafter referred to as "the said Order"), the Competent Authority under the Ceiling Act permitted the Vendor/Lessor/Original Owner and/or Promoter to continue to hold the said land for the construction of houses for weaker sections of the society through the Promoter subject to the terms and conditions therein contained. And Whereas the Vendor/Lessor/Original Owner/Promoter being in possession of the said land and building thereon will be demolishing/have demolished the old buildings and structures and constructing/has constructed instead new multi-storied building thereon. And Whereas permission contemplated by section _____ of the Ceiling Act for Development has been obtained by the Vendor/Lessor/Original Owner/Promoter. And Whereas the Promoter has proposed to construct on the said land __________ new multi-storied buildings of ground floor at stilt level and ______________ or more upper floors. (hereinafter referred to as "the said building/s"). And Whereas the promoter has entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the agreement prescribed by the Council of Architects; whereas the promoter has appointed a 'structural Engineer for the preparation of the structural design and drawings of the buildings and the promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. And Whereas by virtue of the Development Agreement/Power of Attorney, the Promoter alone has the sole and inclusive right to sell the flats in the said building/s to be constructed by the Promoter on the said land and to enter into agreement/s with the purchaser/s of the flats and to receive the sale price in respect thereof. And Whereas the Flat Purchaser demanded from the Promoter and the Promoter has given inspection to the Flat Purchaser of all the documents of title relating to the said land, the said Order, the Development Agreement and the plans, designs and specifications prepared by the Promoter’s Architects Messrs _______________ and of such other documents as are specified under the _____________ Ownership Flats (Regulation of the Promotion of Construction, Sale, management and Transfer) Act, (hereinafter referred to as “the said Act”) and the rules made thereunder. And Whereas the copies of Certificate of Title issued by the attorney-at-law or advocate of the Promoter, copies of Property card or extract of Village Forms __________ or any other relevant revenue record showing the nature of the title of the Promoter to the said land on which the flats are constructed or are to be purchased by the Flat Purchaser approved by the concerned local authority have been annexed thereto and marked Annexures ‘A’ ‘B’ and ‘C’ respectively. And Whereas the Promoter has got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said buildings. And Whereas while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the said land and the said building/s and upon due observance and performance of which only the completion and occupation certificates in respect of the said building/s shall be granted by the concerned local authority. And Whereas the Promoter has accordingly commenced construction of the said building/s in accordance with the said plans. And Whereas the Flat Purchaser applied to the Promoter for allotment to the Flat Purchaser Flat No. ______________ on __________ floor in building no. _________ situated at ___________________. And Whereas prior to making application as aforesaid, as required by the provisions of _____________ Co-operative Societies Act, the Flat Purchaser has made a declaration to the effect firstly, that neither that Flat Purchaser not the members of the family [Family as defined under the Urban Land (Ceiling and Registration) Act of 1976] of Flat Purchaser own a tenements, house or building within the limits of ______________ (Name of town in which flat applied for is located.) And Whereas relying upon the said application, declaration and agreement, the promoter agreed to sell to the Flat Purchaser a flat at the price and on the terms and conditions hereinafter appearing. And Whereas prior to the execution of these presents, the Flat purchaser has paid to the Promoter a sum of Rs. ____________ (Rupees _________________________ ) only, being part payment of the sale price of the flat agreed to be sold by the promoter to the Flat purchaser as advance payment or deposit (the payment and receipt whereof the promoter both hereby admit and acknowledge) which shall in no event exceed fifteen per cent of the sale price of the flat agreed to be sold to the Flat Purchaser and the Flat Purchaser has agreed to pay to the promoter balance of the sale price in the manner hereinafter appearing. And Whereas under section ___ of the said Act the Promoter is required to execute a written agreement for sale of said flat to the Flat Purchaser being in fact these presents and also to register said agreement under the Registration Act. Now this agreement witnesseth and it is hereby agreed by and between the parties hereto as follows: 1.     The Promoter shall construct the said building/s consisting of ground and ............ upper floors on the said land in accordance with the plans, designs, specifications approved by the concerned local authority and which have been seen and approved by the Flat Purchaser with only such variations and modifications as the Promoter may consider necessary or as may be required by the concerned local authority/the Government to be made in them or any of them: Provided that the Promoter shall have to obtain prior consent in writing of the flat purchaser in respect of such variations or modifications which may adversely affect the flat of the purchaser. 2.     The Flat Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Flat Purchaser one flat No. ..................... of the Type ............................ of carpet area admeasuring ................... sq. metres. (Which is inclusive of the area of balconies) on ................... Floor as shown in the floor plan thereof hereto annexed and marked Annexure D/Shop No. ................... /covered/open Garage No. .................. in the .................... Building (hereinafter referred to as "the Flat") for the price of Rs. .................. including Rs. ............... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common/limited common areas and facilities/limited common areas and facilities which are more particularly described in the Second Schedule hereunder written. The Flat Purchaser hereby agrees to pay to that promoter balance amount of purchase price of Rs. .................................. (Rupees ........………. .......... ) having been paid to the Promoter on or before the execution of this agreement in the following manner:                       i.        10 per cent Plinth,                      ii.        20 per cent Slab,                     iii.        7 per cent Walling,                     iv.        1 0 per cent Doors and Windows,                      v.        7 per cent Flooring,                     vi.        7 per cent Plaster (internal and External),                    vii.        1 0 per cent Sanitary Fittings and Plumbing,                   viii.        14 per cent or remaining at time of occupation. 3.     The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions, if any which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Flat to the Flat Purchaser, obtain from the concerned local authority occupation and/or completion certificates in respect of the Flat. 4.     The Promoter hereby declares that the Floor Space Index available in respect of the said land is ............ square metres only and that no part of the said floor space index has been utilised by the Promoter elsewhere for any purpose whatsoever. In case the said floor space index has been utilised by the Promoter elsewhere, then the Promoter shall furnish to the Flat Purchaser all the detailed particulars in respect of such utilisation of the said floor space index by him. In case while developing the said land, the Promoter has utilised any floor space index of any other land or property by way of floating floor space index, then the particulars of such floor space index shall be disclosed by the Promoter to the Flat Purchaser. The residual F.A.R. (F.S.I) in the plot or the layout not consumed will be available to the promoters till the registration of the society. Whereas after the registration of the Society the residual F.A.R. (F.S.I), shall be available to the Society. 5.     In case the Promoter is acting as an agent of the Vendor/Lessor/Original Owner of the said land, then, the Promoter hereby agrees that he shall, before handing over possession of the Flat to the Flat Purchaser and in any event before execution of a conveyance/assignment of lease of the said land in favour of corporate body to be formed by the purchasers of flats/shops/garages in the building to be constructed on the said land (hereinafter referred to as "the Society"/"the limited Company" make full and true disclosure of the nature of his title to the said land as well as encumbrances, if any, including any right, title, interest or claim of any party in or over the said land, and shall, as far as practicable, ensure that the said land is free from ail encumbrances and that the Vendor/lessor/Original Owner/the Promoter has/have absolute, clear and marketable title to the said land so as to enable him to convey to the said Society/Limited Company such absolute, clear and marketable title on the execution of a conveyance/assignment' of lease of the said land by the Promoter in favour of the said Society/limited Company. 6.     The Flat Purchaser agrees to pay to the promoter interest at nine per cent per annum on ail the amounts which become due and payable by the Flat Purchaser to the promoter under the terms of this agreement from the date the said amount is payable by the Flat Purchaser to the Promoter. 7.     On the Flat Purchaser committing default in payment on due date of any amount due and payable by the Flat Purchaser to the promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoing) and on the Flat Purchaser committing breach of any of the terms and conditions herein contained, the promoter shall be entitled at his own option to terminate his agreement: Provided always that the power of termination hereinbefore contained shall not be exercised by the promoter, unless and until the promoter shall have given to the Flat Purchaser fifteen days prior notice in writing of his intention to terminate this agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the agreement and default shall have been made by the Flat Purchaser in remedying such breach or breaches within a reasonable time after the giving of such notice: Provided further that upon termination of this agreement as aforesaid, the promoter shall refund to the Flat Purchaser the instalments of sale price of the Flat, which may till then have been paid by the Flat Purchaser to the Promoter but the promoter shall not be liable to pay to the Flat Purchaser any interest on the amount so refunded and upon termination of this agreement and refund of aforesaid amount by the Promoter, the Promoter, shall be at liberty to dispose of and sell the Flat to such person and at such price as the Promoter may in his absolute discretion think fit. 8.     The fixture fittings and amenities to be provided by the Promoter in the said building and the Flat are those that are set out in Annexure 'E' annexed hereto. 9.     The Promoter shall give possession of the flat to the Flat Purchaser on or before ......... ....... day of ................ 19 ........ if the Promoter fails or neglects to give possession of the Flat to the Flat Purchaser on account of reasons beyond his control and of his agents as per the Provisions of section 8 of ______________ Ownership Flats Act, by the aforesaid date or the date or dates prescribed in section 8 of the said Act, then the Promoter shall be liable on demand to refund to interest at nine per cent per annum from received by him in respect of the flat with simple the date the promoter received the sum till the date the amounts and interest thereon is repaid, provided that by mutual consent it is agreed that dispute whether the stipulations specified in section 8 have been satisfied or not will be referred to the Competent Authority who will act as an Arbitrator. Till the entire amount and interest thereon is refunded by the promoter to the Flat Purchaser there shall, subject to prior encumbrances it any, be a charge on the said land as well as the construction or building in which the Flats are situated or were to be situated: Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Flat on the aforesaid date, if the completion of building in which the Flat is to be situated is delayed on account of-                       i.        non-availability of steel, cement, other building materials, water or electric supply;                      ii.        war, civil commotion or act of God;                     iii.        any notice, order, rule, notification of the Government and/or other public or competent authority. 10.  The Flat Purchaser shall take possession of the Flat within ......... days of the Promoter giving written notice to the Flat Purchaser intimating that the said Flat is ready for use and occupation: Provided that if within a period of three years from the date of handing over the Flat to the Flat Purchaser, the Flat Purchaser brings to the notice of the Promoter any defect in the Flat or the building in which the Flat is situated or the material used therein or any unauthorised change in the construction of the said building, then, wherever possible such defects or unauthorised changes shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects or unauthorised changes, then the Flat Purchaser shall be entitled to receive from the Promoter reasonable compensation for such defect or change. 11.  The Flat Purchaser shall use the Flat or any part thereof or permit the same to be used only for purpose of residence/office showroom/shop, godown for carrying on any industry or business. He shall use the garage or parking space only for purpose of keeping or parking the Flat Purchaser's own vehicle. 12.  The Flat Purchaser along with other purchasers of flats in the building shall join in forming and registering the society or a Limited Company to be known by such name as the Flat Purchasers may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and the registration of the Society or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the Promoter within .................... days of the same being forwarded by the Promoter to the Flat Purchaser, so as to enable Promoter to register the occupation of the Flat Purchaser under section 10 of the said Act within the time limit prescribed by rule 8 of the ___________ Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964. No objection shall be taken by the Flat Purchaser if any changes or modifications are made in the draft bye-laws or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co- operative Societies or the Registrar of Companies as the case may be or any other Competent Authority. 13.  Unless it is otherwise agreed to by and between the parties hereto, the promoter shall, within four months of registration of the Society or limited Company, as aforesaid cause to be transferred to the society or Limited Company all the rights, title and the interest of the Vendor/lessor/Original Owner/Promoter and/or the owners in the aliquot part of the said land together with the buildings by obtaining/or executing the necessary conveyance/land or assignment of lease of the said land (or to the extent as may be permitted by the authorities) and the said building in favour of such Society or Limited Company, as the case may be such conveyance/assignment of lease shall be in keeping with the terms and provisions of this Agreement. 14.  Commencing a week after notice in writing is given by the Promoter to the flat Purchaser that the flat is ready for use and occupation, the flat Purchaser be liable to bear and pay the proportionate share (i.e. in proportion to the floor area of the Flat) of outgoing in respect of the said land and building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government, water charges, insurance, common lights, repairs and salaries of clerks, bill collectors. chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the said land and building/s. Until the Society/Limited Company is formed and the said land and building/s transferred to it, the Flat Purchaser shall pay to the promote( such proportionate share of outgoing as may be determined. The Flat Purchaser further agrees that till the Flat Purchaser's share is so determined, the Flat Purchaser shall pay to the Promote( provisional monthly contributions of Rs ........... per month towards the outgoing. The amounts so paid by the Flat Purchaser to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease is executed in favour of the society or a limited company as aforesaid. Subject to the provisions of section 6 of the said Act, on such conveyance/assignment of lease being executed, the aforesaid deposits (less deductions provided for this Agreement) shall be paid over by the Promoter to the society or the Limited Company, as the case may be. The Flat Purchaser undertakes to pay such provisional monthly contribution and such proportionate share of outgoing regularly on the 5th day of each and every month in advance and shall not withhold the same for any reason whatsoever. 15.  The Flat Purchaser shall on or before delivery of possession of the said premises keep deposited with the Promoter the following amounts:-                       i.        Rs. ................ for legal charges.                      ii.        Rs. ................ for share money application, entrance fee of the Society or Limited Company.                     iii.        Rs. ................ for formation and registration of the Society or limited Company.                     iv.        Rs. ................ for proportionate share of taxes and other charges.                      v.        Total Rs. .......................... 16.  The Promoter shall utilise the sum of Rs ............... paid by the Flat Purchaser to the Promoter for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-law, Advocates of the Promoter in connection with formation of the said Society, or as the case may be Limited Company, preparing its rules, regulations and bye-laws and the cost of preparing and engrossing this Agreement and the conveyance or' assignment of lease. 17.  At the lime of registration, the Flat Purchaser shall pay to the Promoter the Flat Purchaser's share of stamp duty and registration charges payable, if any, by the said Society or Limited Company on the conveyance or lease or any document or instrument of transfer in respect of the said land and the building to be executed in favour of the Society or limited Company. 18.  The Flat Purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the Flat may come, doth hereby covenant with the Promoter as follows: a.     To maintain the flat at his own cost in good tenantable repair and condition from the date the possession of the flat is taken and shall not do or suffered to be done anything in or to the building in which the Flat is situated, staircase or any passages which may be against the rules, regulations or bye-laws or concerned local or any other authority or change/alter or make addition in or to the building in which the Flat is situated and the Flat itself or any part thereof. b.    Not to store in the Flat any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Flat is situated or storing of which goods is objected to by the concerned local or other authority and shall not carry or cause to be carried heavy packages whose upper floors which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Flat is situated, including entrances of the building in which the Flat is situated and in case any damage is caused to the building in which the flat is situated or the flat on account of negligence or default of the Flat Purchaser in this behalf, the Flat Purchaser shall be liable for the consequences of the breach. c.     To carry at his own cost all internal repairs to the said Flat and maintain the flat in the same condition, state and order in which it was delivered by the promoter to the Flat Purchaser and shall not do or suffering to be done anything in or to the building in which the flat is situated or the flat which may be given by the rules and regulations and bye-laws of the concerned local authority or other public authority. And in the event of the Flat Purchaser committing any act in contravention of the above provision, the Flat Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and or other public authority. d.    Not to demolish or cause to be demolished the Flat or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat is situated and shall keep the portion, sewers, drains, pipes in the Flat and appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Flat is situated and shall not chisel or in any other manner damage to columns, beams, wall , slabs or RCC, Pardis or other structural members in the flat without the prior written permission of the Promoter and/or the Society or the Limited Company. e.     Not to do or permit to be done any act or thing which may render void or voidable any insurance of the said land and the building in which the Flat is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. f.     Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat in the compound or any portion of the said land and the building in which the Flat is situated. g.    Pay to the Promoter within .............. days of demand by the Promoter, his share of security deposit demanded by concerned local authority or Government for giving electricity or any other service connection to the building in which the Flat is situated. h.     To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Flat by the Flat Purchaser viz. user for any purposes other than for residential purpose. i.      The Flat Purchaser shall not let, sub-let, transfer, assign or part with Flat Purchaser interest or benefit factor of this Agreement or part with the possession of the Flat, until all the dues payable by the Flat Purchaser to the Promoter under this Agreement are fully paid up and only if the Flat Purchaser had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the Flat Purchaser has intimated in writing to the Promoter. 19.  The Flat Purchaser shall observe and perform all the rules and regulations which the society or the Limited Company may adopt at its inception and the additions, alterations or amendments thereof that my be made from time to time for protection and maintenance of the said building and the flats therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Flat Purchaser shall also observe and perform all the stipulations and conditions laid down by the Society / Limited Company regarding the Occupation and use of the Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other outgoing in accordance with the terms of this Agreement. 20.  Till a conveyance of building in which Flat is situated is executed, the Flat Purchaser shall permit the promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said land and buildings or any part thereof to view and examine the state and condition thereof. 21.  The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Flat Purchaser as advance or deposit sums received on account of the share capital for the promotion of the Co-operative Society or a company or towards the outgoing, legal charges and shall utilise the amounts only for the purposes for which they have been received. 22.  Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said Flat or of the said Plot and Building or any part thereof. The Flat Purchaser shall have no claim save and except in respect of the Flat hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces, recreation spaces, etc. will remain the property of the promoter, until the said land and Building is transferred to the Society / Limited Company as hereinbefore mentioned. 23.  Any delay tolerated or indulgence shown by the promoter in enforcing the terms of this Agreement or any forbearance or giving of time to the Flat Purchaser by the Promoter shall not be construed as a waiver on the part of the promoter of any breach or non-compliance of any of the terms and conditions of this Agreement by the Flat Purchaser nor shall the same in any manner prejudice the rights of the Promoter. 24.  The Flat Purchaser and/or the Promoter shall present this Agreement as well as the conveyance / assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the promoter will attend such office and admit execution thereof. 25.  All notices to be served on the Flat Purchaser as contemplated by this Agreement shall be deemed to have been duly served if sent to the Flat Purchaser, by Registered Post AD / Under Certificate of posting at his/her address specified below : Viz. _______________ ________________ ______________ ________________ _______________ ________________ IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES hereto that the terrace space in front of or adjacent to the terrace flats in the said building, if any, shall belong exclusively to the respective purchaser of the terrace flat and such terrace spaces are intended for the exclusive use of the respective terrace Flat Purchaser. The said terrace shall not be enclosed by the Flat Purchaser till the permission in writing is obtained from the concerned local authority and the Promoter or the Society, or as the case may be, the Limited Company 26.  This Agreement shall always be subject to the provisions of the ___________________ Apartment Ownership Act and the rules made thereunder/said Act and the rules made thereunder. Note: Testimonial clause to be finalised in individual cases having regard to the constitution of the parties to the agreement. First Schedule above referred to (Description of the freehold/leasehold land). Second Schedule above referred to (Here set out the nature, extent and description of common areas and facilities/limited common areas and facilities) ANNEXURE A Name of the Attorney-at-Law/Advocate. Address: Date: NO. RE: CERTIFICATE This is to certify that we have investigated the title to the aforesaid property, which is more particularly described below in the Schedule hereunder written and have perused title deeds and certify that in our opinion the title of ...................... the Vendor/Lessor/ Original Owner/Promoter is clear, marketable and free from encumbrance, charges and/or claims. The Schedule above referred to (Description of property) _________ : dated .............. day of ............................, 2000 (Signed) Signature of Attorney-at-law/Advocate ANNEXURE B (Copies of Property Card or any other revenue record showing nature of the title of the Vendor/lessor/Original Owner/Promoter to the said land) . ANNEXURE C (Copy of the plans and specifications of the Flat as approved by the concerned local authority). ANNEXURE D (Description of the Flat). ANNEXURE E (Specifications and amenities for the Flat). Note.. Execution clauses to be finalised in individual cases having regard to the constitution of the parties to the agreement. Received of and from the Flat Purchaser abovenamed the sum of Rupees ........... being the fifteen per cent of the sale price of the Flat as advance payment or deposit paid by the Flat Purchaser to the Promoter. I say received. The Promoter/s.

  • Agreement for Sale of a House When Purchase Money is to be Paid in Installments

    Agreement for Sale of a House When Purchase Money is to be Paid in Installments This Agreement made at ................................ this day of ................., 2000, between  A, son of ............................  resident of ...........................  (hereinafter called the Vendor) of the ONE PART  and  B, son of .............................  resident of ..........................  (hereinafter called the Purchaser) of the OTHER PART. Whereas the Vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the schedule hereunder written., And Whereas the Vendor has agreed to sell and the Purchaser has agreed to purchase the said house for a consideration of Rs. .................. out of which the Purchaser has paid a sum of Rs. ................... as earnest money in part payment of the purchase price and has accepted the title of the vendor as at the date of this Agreement; And Whereas the Purchaser has shown his inability to pay the balance consideration in one lump sum and has requested the Vendor to accept the balance purchase price in instalments which the Vendor has agreed upon the terms and conditions hereinafter appearing. It is Mutually Agreed between the Parties as Follows: 1.     The Vendor shall sell and the Purchaser shall purchase the house bearing No........, situated at ………….......... more fully described in the Schedule hereunder written and hereinafter called the said house, at the price of Rs. ........... out of which the Purchaser has paid Rs. .......... as earnest money on .............. to the vendor and balance purchase price will be payable by instalments of Rs. ......... each per quarter on.......... day or ..........., ............. day of ............ day of ............ and .............. day of ............. in every year, the first payment being made on the date of this agreement (the receipt of which the Vendor hereby acknowledges) and the last, payment to be made on ................ 2.     The Purchaser may pay off the entire balance amount of purchase price for the time being remaining due by giving ............. days notice in writing to the Vendor. 3.     As soon as the purchase price is paid in full to the Vendor, he shall execute the deed of conveyance in favour of the purchaser in respect of the said house. The stamp duty, registration charges and other out of pocket expenses in respect of execution and registration of deed of conveyance shall be borne by the purchaser. 4.     If the Purchaser shall make default in payment of any instalment for a period of............... months after the date herein before fixed for payment of the same, the Purchaser shall be deemed to have neglected or failed to comply with the conditions of sale and the Vendor shall be entitled to determine this agreement and the earnest money of Rs. ............. and the instalments paid by the Purchaser shall be liable to be forfeited to the Vendor and may be retained by him in or towards satisfaction of the amount payable by the Purchaser to the Vendor as liquidated damages for breach of the conditions of the sale, which are hereby fixed at Rs. .................... and the balance, if any, shall be paid by the Vendor to the Purchaser without interest thereon within ............ days of such forfeiture and thereupon the Vendor shall be entitled to resume possession of the said house. 5.     Unless the deed of conveyance is executed in favour of the Purchaser, the Purchaser shall not transfer, mortgage, sub-let or transfer the possession of the house or any part thereof except with the permission of the Vendor in writing. 6.     The Purchaser covenants with the Vendor that he shall keep the said house 'in proper repair and get the same annually whitewashed till any instalment remains unpaid under this agreement. 7.     If there shall be any difference or dispute between the parties on any matter arising hereunder, the same shall be referred to arbitration of Shri ........................ whose award shall be final, and binding on the parties. The arbitration under this clause shall be deemed to be arbitration under the Arbitration and Conciliation Act, 1996 or any statutory modification thereof for the time being in force. IN WITNESS WHEREOF the parties aforementioned have executed this Agreement on the day and year first above written. Schedule above referred to Signed and delivered by Shri................. the within named Vendor Signed and delivered by Shri........... the within named Purchaser WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Agreement for Sale of Freehold Property

    Agreement for Sale of Freehold Property This Agreement is made at _______ the ____________ day of ___________ between A (hereinafter called ‘the vendor’) of the Other Part, whereby it is agreed as follows : 1.     The Vendor shall sell and the Purchaser shall purchase, for the sum of Rs. _______ whereof a sum of ____ has been paid to the Vendor as stakeholders on the signing hereof as a deposit, the freehold property particularly described in the First Schedule hereto (but subject to and with the benefit of the tenancies mentioned in the Second Schedule hereto so far as subsisting.) 2.     The title to the property shall commence with Deed of _______ dated the ______ day of ________. 3.     The Purchaser shall deliver the requisitions and objections (if any) in respect of the title and all other matters arising upon the abstract or this agreement to the Vendor’s Advocate within 14 days after the day of the delivery of the abstract and the replies to answers within 7 days after the receipt thereof and in these respects time shall be of the essence of the contract. In default of or subject only to any such requisitions and objections so made the purchaser shall be deemed to have accepted the title. 4.                             i.        If the purchaser shall insist on any requisition or objection of any kind which the Vendor shall be unable or unwilling to remove or comply with the Vendor may (notwithstanding any intermediate negotiations or litigation in respect thereof) give notice in writing to the Purchaser or his Advocate of the intention of the Vendor to rescind this contract unless such requisition or objection shall be withdrawn and if such notice shall be given and the requisition or objection shall not be withdrawn within 7 days after the day on which the notice was sent, this contract shall without further notice be rescinded.                      ii.        The Vendor shall thereupon return to the Purchaser the deposit but without any interest, costs or other compensation or payment whatsoever. 5.     The Purchaser shall admit the identity of the property agreed to be purchased with that comprised in the documents of title offered by the Vendor by a comparison of the description contained in the First Schedule hereto. 6.                             i.        The property is sold subject to all easements affecting the same.                      ii.        The property is believed to be correctly described as to quantity and otherwise but if any error, misstatement or omission shall be discovered in the description of the property contained in the First Schedule hereto or in any plan annexed hereto the same shall not annual the same but reasonable compensation shall be allowed by the Vendor or the Purchaser as the case may require in respect thereof and the amount of such compensation shall in case of dispute be settled by two arbitrators or their umpire pursuant to the Arbitration Act, 1940. 7.                             i.        The Purchaser shall pay the balance of the purchase money on the ______ day of _______________ at the office of _________ the Advocate of the Vendor at which time and place the purchaser shall be completed.                      ii.        Upon such payment the Vendor and all other necessary parties (if any) shall execute a proper assurance of the property to the Purchaser. Such assurance shall be prepared and (if necessary) stamped by and at the expense of the Purchaser.                     iii.        The Purchaser paying the balance of the purchase money shall as from the day hereby fixed for completion of the purchase be let into possession or into receipt of the rents and profits and shall pay all outgoing which shall if necessary be apportioned and the balance shall be paid by or allowed to the Purchaser on completion.                     iv.        If from any cause whatever (other than the willful default of the Vendor) the purchaser shall not be completed on that day the Purchaser shall pay to the Vendor interest on the balance of the purchase money at the rate of ___ per centum per annum from the day until the actual completion of the purchase but the Vendor shall have the option of taking the rents and profits of the property (less outgoing) upto the date of actual completion instead of the said interest and the Purchaser shall not be entitled to any compensation for the Vendor’s delay or otherwise.                      v.        Provided that, if delay in completion arises from any other cause than the Purchaser’s own act or default the Purchaser may – a.     at his own risk deposit the balance of the purchase money at any Bank in the name of the Purchaser or otherwise and – b.    give notice in writing forthwith of such deposit to the Vendor’s Advocate and in that case the Vendor shall be bound to accept the interest allowed thereon as from the date of such deposit in lieu of the interest or net rents and profits accruing after that date which would otherwise be payable to the vendor under this condition. 8.     The Purchaser shall pay to the Vendor the proportionate part of the premium as from the date of completion of sale on any subsisting policy of fire insurance and shall be entitled so far as the Policy or consent by the insurance office permits to the benefit of such insurance as from the date of completion and the Vendor shall if so required consent to the name of the Purchaser being endorsed on the policy or entered in the books of the insurance office as being interested in the policy but the Vendor shall not give to the Purchaser notice of any premium being or becoming due. 9.     If the Purchaser shall fail to comply with these conditions the deposit shall be forfeited to the Vendor who may thereupon re-sell the premises at such time in such manner and subject to such conditions as the Vendor shall think fit and any deficiency in price which may happen on and all expenses attending such re-sale shall immediately afterwards be paid by the present Purchaser to the Vendor and if not so paid shall be recoverable by the Vendor as liquidated damages. As witness the hands of the said parties have been put the day and year first above written. The First Schedule (Particulars of the property) The Second Schedule (Particulars of tenancies) Signed by the Vendor Mr. _______ in the presence of ___________ Signed by the said Purchaser Mr. _________ in the presence of _________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Deed of Apartment

    Deed of Apartment This Indenture made at .................. this ................ day of ................. 2000, between A, son of ........................... resident of ...................... hereinafter called the Vendor of the ONE PART and Shri B, son of .............................. resident of .............................. hereinafter called the Purchaser of the OTHER PART. Whereas the Vendor is absolutely seized and possessed of the land and premises bearing Plot No. .................... situated at ……….................. and hereinafter called the said land, more particularly described in the First Schedule hereunder written. And Whereas the Vendor has constructed four buildings on the said land in accordance with the plan approved by .................... Municipal Corporation, a copy of which is annexed hereto (at Annexure I) and thereon shown as building Nos. A, B, C and D. And Whereas the buildings consists of 80 residential apartments and the Vendor has agreed to sell residential apartments in the said buildings to different purchasers and proportionate undivided share and interest in the said land. And Whereas the Vendor has agreed to sell and the Purchaser has agreed to purchase the proprietary rights in the apartment No. ................. on the ............... floor of building No. A, more particularly described in the second Schedule hereunder written long with an undivided 1180th ;hare of interest in the said land, described in the First Schedule Hereunder written for a price of Rs................ out of which the Purchaser has paid Rs. .................. as earnest money and part payment of the said purchase price. And Whereas the Vendor has completed the construction of the buildings and obtained completion and occupation certificates in respect of the buildings from the .................... Municipal Corporation. And Whereas the Purchaser has paid all amounts payable to the Vendor in respect of the apartment and Vendor has handed over the possession of the Apartment No ..................... on the ................ floor of the building No. A to the Purchaser on .................... And Whereas the Purchaser has satisfied himself about the title of the Vendor in respect of the said land and M/s............. Solicitors and Advocates ........................ have certified the title of the Vendor vide Title Certificate dated ....................... a copy of which is annexed hereto at Annexure 11. And Whereas the Purchaser declares that he has inspected the plans and specifications of the buildings and a copy of the floor plans of the building filed under section ………… of the .................... Apartment Ownership Act, 1970 and a Certificate of Architect as required under section 7(1) of the said Act have been annexed hereto and marked C and D respectively. And Whereas the Vendor has submitted the said buildings known as ............ Apartment together with the said land to the .................... Apartment Ownership Act, vide the declaration dated …………. as required under section …. of the .................... Apartment Ownership Act, 1970 and lodged the same for registration under SL. No. ................... dated ................... of Book No. 1 under the Indian Registration Act, 1908 and true copy of the same has been filed with the Registrar of Co- operative Societies being the competent Authority under the .................... Apartment Ownership Act on ................. And Whereas this Deed of Apartment is being executed in terms of section …….of the .................... Apartment Ownership Act. NOW THIS INDENTURE WITNESSETH THAT in pursuance of the said agreement and in consideration of Rs. ................ (Rupees .............................. only) paid by the Purchaser to the Vendor before the execution of these presents (the receipt whereof the Vendor hereby admits and acknowledges) the Vendor hereby grants, transfers, conveys and assures unto the Purchaser ALL THAT the undivided ………th shares or portion in the land bearing Plot No ..................... situated at ....................................................... more particularly described in the First Schedule hereunder written and the proprietary rights in Apartment No. ................... on ................ floor and delineated on the plans thereof annexed hereto at Annexure Ill and thereon shown surrounded by red coloured boundary line, in the building No. A of the .................. Apartments, which said apartment is more particularly described in the Second Schedule and hereinafter referred to as the said Apartment TOGETHER WITH ……..th undivided interest appurtenant to the said Apartment in the common areas and facilities of the said land. And Together with all the courtyards, areas, compounds, sewers, drains, ditches, fences, trees, plants, ways, paths, passages, common gullies, wells, waters, water courses, lights, liberties, privileges, easements, profits, advantages, rights, members and appurtenances thereto or at any time heretofore usually held, used, occupied or enjoyed or reputed or known as part or members thereof AND ALSO ALL the estate right, title, interest, benefit, claim and demand whatsoever both at law and in equity of the Vendor into out of or upon the ……….th undivided share in the said land and in the said Apartment and the other premises hereby granted as aforesaid are hereinafter referred to as "the said premises". And To Have And Hold the said premises hereby granted, conveyed, transferred and assured or intended so to be with their and every of their rights, members and appurtenance unto and to the use and benefit of the Purchaser for ever to be held as heritable and transferable, subject to the provisions of the .................... Apartment Ownership Act, the said Declaration dated ...................... and the bye-laws of the condominium and rules and regulations and subject to the payment of all rents, rates, assessments, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof to the Government of ...................., Municipal Corporation of ...................., and any other public or statutory authority AND THE VENDOR hereby for himself, his executor, and administrators covenant with the Purchaser that he has in himself good right, power and absolute authority to grant, transfer, release and assure the 1180th share in the said land and the said Apartment No . ............... in Building No. A unto and to the use of the Purchaser free from all encumbrances AND that the Purchaser shall and may at all times hereafter peaceably and quietly enter upon, hold, occupy, possess and enjoy the said premises hereby granted, conveyed, transferred and assured and enjoy exclusively the said premises hereby granted, transferred, conveyed and assured so to be with the said appurtenances and receive the rents, income and profits thereof and of every part thereof for his own use and benefit without any suit, eviction, interruption, obstruction, claim and demand whatsoever from or by the Vendor, his heirs, or any of them or any person or persons lawfully or equitably claiming under or in trust for him or them or any of them AND the said premises are free from encumbrances and the Vendor shall keep harmless and indemnify the Purchaser of, from and against all former and other estates, titles, charges and encumbrances whatsoever, made, executed, occasioned or suffered by the Vendor or any other person or persons lawfully or equitably claiming or to claim by, from, under or in trust for the Vendor AND FURTHER THE Vendor, his heirs, executors and administrators shall and will from time to time and all times hereafter at the request and costs of the Purchaser do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, things, matters conveyances and assurances in law whatsoever for the better and more perfectly assuring the said apartment and every part thereof unto the use of the Purchaser in the manner aforesaid as by the Purchaser, his heirs, executors, assigns or his counsel shall be reasonably required AND FURTHER the Vendor doth hereby covenant with the Purchaser that unless prevented by fire or inevitable accident, the Vendor will upon every reasonable request and at the costs of the Purchaser shall produce or cause to be produced from time to time or at all times hereafter to the Purchaser or his Advocate or at any trial, commission, examination or otherwise as occasion shall require all or any documents mentioned in the Third Schedule hereunder written for the purpose of showing his title to the said land described in the First Schedule hereunder written and will furnish to the Purchaser and every such other party or parties as aforesaid such true copies or extracts of and from the said documents or any of them as the Purchaser or such other party or parties may require and will in the meantime keep the said documents safe, uncancelled and undefaced AND IT IS HEREBY DECLARED AND AGREED that if the Vendor delivers the documents of title hereinbefore covenant to be produced or any of them to any person or persons lawfully entitled to the custody thereof, the Vendor shall thereupon enter into with and to deliver to the person or persons for the time being entitled to the benefit of the covenant for production hereinbefore contained and furnishing copies of the said documents which shall have been so delivered up, similar to the covenant hereinbefore contained and thenceforth the covenant hereinbefore contained shall become void so far as relates to the documents covenanted with the Vendor. AND THE PURCHASER for himself, his executor and administrators doth hereby covenant with the Vendor and other co-owners of the other units in the said buildings that the Purchaser shall abide by the bye-laws of the said condominium and shall pay his proportionate share of ,expenses and shall use the said apartment for residential purpose only and he the Purchaser shall not ask for a partition by metes and bounds of the said land and shall not do any act which would jeopardise the safety or soundness of the property or reduce the value thereof and shall not make any alteration, change or make addition in or to the apartment without the previous consent of all other apartment owners in the said condominium in writing. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands on the day and year hereinabove mentioned. First Schedule above referred to Second Schedule above referred to Third Schedule above referred to Annexure I Annexure II Annexure Ill Signed and delivered by the within named Vendor Signed and delivered by the within named Purchaser WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Another form of Agreement for Sale of free Hold Property

    Another form of Agreement for Sale of free Hold Property This Agreement is made at _______ the ____________ day of ___________ between A (hereinafter called ‘the vendor’) of the Other Part, whereby it is agreed as follows : 1.     The Vendor shall sell and the Purchaser shall purchase, for the sum of Rs. _______ whereof a sum of ____ has been paid to the Vendor as stakeholders on the signing hereof as a deposit, the freehold property particularly described in the First Schedule hereto (but subject to and with the benefit of the tenancies mentioned in the Second Schedule hereto so far as subsisting.) 2.     The title to the property shall commence with Deed of _______ dated the ______ day of ________. 3.     The Purchaser shall deliver the requisitions and objections (if any) in respect of the title and all other matters arising upon the abstract or this agreement to the Vendor’s Advocate within 14 days after the day of the delivery of the abstract and the replies to answers within 7 days after the receipt thereof and in these respects time shall be of the essence of the contract. In default of or subject only to any such requisitions and objections so made the purchaser shall be deemed to have accepted the title. 4.                              i        If the purchaser shall insist on any requisition or objection of any kind which the Vendor shall be unable or unwilling to remove or comply with the Vendor may (notwithstanding any intermediate negotiations or litigation in respect thereof) give notice in writing to the Purchaser or his Advocate of the intention of the Vendor to rescind this contract unless such requisition or objection shall be withdrawn and if such notice shall be given and the requisition or objection shall not be withdrawn within 7 days after the day on which the notice was sent, this contract shall without further notice be rescinded.                       ii        The Vendor shall thereupon return to the Purchaser the deposit but without any interest, costs or other compensation or payment whatsoever. 5.     The Purchaser shall admit the identity of the property agreed to be purchased with that comprised in the documents of title offered by the Vendor by a comparison of the description contained in the First Schedule hereto. 6.                             i.        The property is sold subject to all easements affecting the same.                      ii.        The property is believed to be correctly described as to quantity and otherwise but if any error, misstatement or omission shall be discovered in the description of the property contained in the First Schedule hereto or in any plan annexed hereto the same shall not annual the same but reasonable compensation shall be allowed by the Vendor or the Purchaser as the case may require in respect thereof and the amount of such compensation shall in case of dispute be settled by two arbitrators or their umpire pursuant to the Arbitration Act, 1940. 7.                             i.        The Purchaser shall pay the balance of the purchase money on the ______ day of _______________ at the office of _________ the Advocate of the Vendor at which time and place the purchaser shall be completed.                      ii.        Upon such payment the Vendor and all other necessary parties (if any) shall execute a proper assurance of the property to the Purchaser. Such assurance shall be prepared and (if necessary) stamped by and at the expense of the Purchaser.                     iii.        The Purchaser paying the balance of the purchase money shall as from the day hereby fixed for completion of the purchase be let into possession or into receipt of the rents and profits and shall pay all outgoing which shall if necessary be apportioned and the balance shall be paid by or allowed to the Purchaser on completion.                     iv.        If from any cause whatever (other than the willful default of the Vendor) the purchaser shall not be completed on that day the Purchaser shall pay to the Vendor interest on the balance of the purchase money at the rate of ___ per centum per annum from the day until the actual completion of the purchase but the Vendor shall have the option of taking the rents and profits of the property (less outgoing) upto the date of actual completion instead of the said interest and the Purchaser shall not be entitled to any compensation for the Vendor’s delay or otherwise.                      v.        Provided that, if delay in completion arises from any other cause than the Purchaser’s own act or default the Purchaser may – a.     at his own risk deposit the balance of the purchase money at any Bank in the name of the Purchaser or otherwise and – b.    give notice in writing forthwith of such deposit to the Vendor’s Advocate and in that case the Vendor shall be bound to accept the interest allowed thereon as from the date of such deposit in lieu of the interest or net rents and profits accruing after that date which would otherwise be payable to the vendor under this condition. 8.     The Purchaser shall pay to the Vendor the proportionate part of the premium as from the date of completion of sale on any subsisting policy of fire insurance and shall be entitled so far as the Policy or consent by the insurance office permits to the benefit of such insurance as from the date of completion and the Vendor shall if so required consent to the name of the Purchaser being endorsed on the policy or entered in the books of the insurance office as being interested in the policy but the Vendor shall not give to the Purchaser notice of any premium being or becoming due. 9.     If the Purchaser shall fail to comply with these conditions the deposit shall be forfeited to the Vendor who may thereupon re-sell the premises at such time in such manner and subject to such conditions as the Vendor shall think fit and any deficiency in price which may happen on and all expenses attending such re-sale shall immediately afterwards be paid by the present Purchaser to the Vendor and if not so paid shall be recoverable by the Vendor as liquidated damages. As witness the hands of the said parties have been put the day and year first above written. The First Schedule (Particulars of the property) The Second Schedule (Particulars of tenancies) Signed by the Vendor Mr. _______ in the presence of ___________ Signed by the said Purchaser Mr. _________ in the presence of _________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Agreement for Sale of Goods under the buyer

    Agreement for Sale of Goods under the buyer’s Trade Mark This Agreement is made at ... this ... day of... between Mr. A carrying on business at ... hereinafter referred to as the 'Seller' of the One Part and M/s A B & Co. Ltd., a Company registered under the Companies Act, 1956 and having Its registered office at... hereinafter referred to as the 'Company' of the Other Part. Whereas the Company is a registered proprietor of a trademark and which trade mark is duly registered under the Trade & Merchandise Act, 1958 in the name of the Company. In respect of goods being ... The particulars of the said trade mark and the specifications and description of the said goods are given in the Schedule hereunder written and referred to as the said 'Trade Mark' and 'the said goods', respectively. And Whereas the Company is manufacturing and selling several types of goods under other trade marks registered in its name and therefore proposes to entrust the work of manufacturing the said specific goods mentioned in the Schedule hereunder written to somebody else and the Seller has offered to do so. And Whereas the parties have, therefore proposed to enter into this agreement re- cording the terms and conditions regarding the said transaction agreed upon between the parties in the manner following. Now it is agreed between the parties hereto as follows:- 1.     The Seller agrees to manufacture and supply the said goods described in the Schedule hereunder written to the Company. The Seller will supply and the Company shall buy the minimum quantity of... goods every month. 2.     The goods so manufactured in every month will be transported by the Seller to the Company's factory at ... through a carrier and the transport charges will be paid by the Company. 3.     Before taking delivery of the goods the Company will be entitled to examine them and verify whether they are according to the specifications and description mentioned in the Schedule hereunder written and If they or any of them are not according to the said specifications and description, the Company will be entitled to reject the same and inform the Seller accordingly. The rejected goods will lie at the Company's factory at the Seller's risk and the latter will arrange to remove them within a week from the receipt of intimation of rejection failing which the Company will be entitled to dispose of them or destroy them. If any price is received for such rejected goods the same will be given credit to the Seller. 4.     The Company will also be entitled to reject such of the goods or the same shall be deemed to be rejected, if even after taking delivery, the said goods are rejected by the customers or in respect of which complaints have been received and such rejected goods will be taken back by the Seller as aforesaid failing which they will be disposed of or destroyed as aforesaid and the price If any recovered in respect thereof will be given credit to the Seller. 5.     The Company will sell the said goods under the Trade Mark mentioned in the schedule hereunder written and the seller will not represent in any way that the said goods are sold by him under the said Trade Mark. 6.     The Seller will sell the said goods only to the Company and not to any body else, provided that if any goods are manufactured in excess of the said minimum quantity and the company is not willing to buy such excess quantity from the Seller, the Seller will be entitled to sell such excess quantity to any other person but without the use of the said Trade Mark. 7.     The said goods will be sold by the Seller to the Company at the price of Rs... per piece net and the payment of the price will be made by the Company to the Seller within a week from the delivery and acceptance of the goods as per the invoice sent by the Seller to the Company In respect thereof subject to what Is otherwise provided herein. 8.     If the Seller fails to supply in any month less quantity than the minimum quantity to be supplied as aforesaid, then, unless the Company chooses to terminate this agreement, the balance quantity can be made good In the supply of the next month's quota. 9.     The Company agrees and undertakes that it will not buy the same -type of goods from any other manufacturer or any other person during the pendency of this agreement. 10.  If the Seller produces and delivers in any month more quantity than the said minimum the Company will not be bound to accept the excess quantity but if it accepts, the Company will pay the price thereof. In case of the seller intending to supply any excess quantity he shall give atleast on month's/week's notice previously giving intimation thereof to the Company. 11.  Provided that if due to any force major cause, such as floods. fire. accident, or any other such cause including break-down of machinery, or strike of workers of the Seller, the Seller is not able to supply the minimum quantity in any month, the Seller will not be deemed to have committed breach of this agreement but in that event the Company will be entitled to purchase the quantity of goods not supplied or less supplied by the Seller from any other source. 12.  The Seller will not be responsible to render any help to the Company In promotion of sale of the said goods or to render any sale-service. The sale of the said goods supplied to the Buyer, will be the responsibility of the Company. 13.  The rights and benefits under this agreement will not be assignable by any party hereto without the consent of the other. 14.  The Seller shall make available to the Company the data of the properties and characteristics of the said goods to enable the Company to give technical service and Information to the customers of the Company and to publish literature in respect thereof for promoting the sales. 15.  Any warranties or conditions. statutory or otherwise, whether express or implied as to the quality or fitness for the purpose of the goods are expressly excluded. The Company shall give notice to the seller about the complaints to enable the seller to investigate the same. 16.  This agreement will be in force for a period of... months from the date hereof. 17.  If any party commits breach of any term of this agreement the other party shall be entitled to cancel this agreement by giving fifteen days notice in writing to the other and on the expiration of the said period this agreement shall stand cancelled unless the breach is remedied or condoned. 18.  In the event of any dispute between the parties in respect of this agreement of whatsoever nature, the same shall be referred to arbitration of a common arbitrator if agreed upon failing which to two arbitrators, one to be appointed by each party hereto and the arbitration shall be governed by the Arbitration & Conciliation Act, 1996. THE SCHEDULE ABOVE REFERRED TO IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Signed and delivered by the withinnamed Seller ... in the presence of ... ... Signed and delivered for and on behalf of M/s. A B & Co. Ltd., by its Managing Director Mr. in the presence of ... ... Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

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