|
THIS AGREEMENT made at ________ (city) on the __ day of ______ (year)
Between
___________________________, of ________(city), Indian Inhabitant, residing at
________________________________, hereinafter called "The Vendor" (which
expression shall unless it be repugnant to the context or meaning thereof shall
mean and include his heirs, legal representatives, executors and administrators)
of the One Part
And
________________________, of ________ (city), Indian Inhabitant, residing at
__________________________ hereinafter called "The Purchaser" (which expression
shall unless it be repugnant to the context or meaning thereof shall mean and
include his heirs, legal representatives, executors, administrators and assigns)
of the Other Part;
WHEREAS the Vendor is the owner of flat No._____, admeasuring about _____ square
feet on ___floor of building known as "_________" (hereinafter referred to as
"the said Building") (hereinafter referred to as "the said Flat" and which is
more particularly described in the schedule to this agreement;) belonging to
______________ Co-operative Housing Society Limited situated and he/she is the
member of the ______________ Co-operative Housing Society Limited, registered
under Serial No._________ of _____ (hereinafter referred to as "the said
Society") and as a member and as the owner of the said flat in the Society he
was allotted five fully-paid-up shares of the said Society of the face value of
Rs.50/- (Rupees Fifty Only) each bearing distinctive Nos._________ to
____________ (both inclusive) under share certificate No.___ (hereinafter
referred to as "the said Shares") ;
AND WHEREAS the Vendor is now absolutely seized and possessed of and is
otherwise well and sufficiently entitled to the said Flat in the said Building
of the said Society;
AND WHEREAS the Vendor herein has agreed to transfer and the Purchaser has
agreed to acquire all right, title and interest of the Vendor in the said Flat
and the said Shares with all legal consequences including the right of
occupation, including his right, title and interest in the said Flat for a total
consideration of Rs. ________/- (Rupees ______________________ only);
AND WHEREAS the Parties hereto have agreed to reduce into writing the Terms and
Conditions on which the Vendor has agreed to transfer and the Purchaser has
agreed to purchase and acquire the right, title and interest of the Vendor in
the said Flat including the entire interest of the Vendor in the said Society;
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
The Vendor doth hereby agree to transfer unto the Purchaser and the Purchaser
doth hereby agree to purchase and acquire all the right, title and interest of
the Vendor in the said Society including the said Flat admeasuring about _____
Square Feet of built up area on the ____ floor of the building known as
____________________ belonging to the ___________________ Co-operative Housing
Society Limited situated at _________________________, together with the said
Shares bearing distinctive Nos.________ to _______ (both inclusive) allotted
under share certificate No.______ and all the right of the Vendor as to the
use, occupation and enjoyment and ownership of the said Flat together with all
rights, title and interest of the Vendor in the said Society for a total
consideration of Rs.________/- (Rupees __________________ _______ only) to be
paid by the Purchaser to the Vendor in the manner hereinafter mentioned.
The said consideration will be paid by the Purchaser to the Vendor as follows:
that is to say:
a. Rs. ________/- (Rupees_________________________ only) paid on or before
execution of this agreement as Earnest Money (the payment and receipt whereof
the Vendor doth hereby admit and acknowledge and acquit, release and discharge
the Purchaser from the payment and receipt thereof and every part thereof);
and
b. the Balance consideration of Rs. ________/- (Rupees ______________________
only) will be paid on or before ____________ and against the delivery of
vacant and peaceful possession of the said Flat by the Vendor to the
Purchaser.
It is agreed that in the event of any delay or default by the Purchaser in
making payment of the balance consideration on the due date, the Vendor shall
be entitled to give seven days notice in writing to the Purchaser making time
the essence of the contract and if the Purchaser fails to make payment within
such notice period, then in that event this Agreement shall be terminated and
the Vendor shall be entitled to forfeit the earnest money of Rs.__________/-
Rupees __________________________ only) paid by the Purchaser on the execution
hereof.
It is agreed between the parties that if there is any delay or default on the
part of the Vendor in performing his part of the contract then the Purchaser
shall be entitled to specific performance of this Agreement together with
right to claim costs, charges and expenses and losses from the Vendor.
The Vendor doth hereby declare and convenant with the Purchaser that the said
Flat is free from all encumbrances of any nature whatsoever and that the
Vendor has full right, title and interest in the said Flat and has full right
and authority to assign and transfer his entire interest in the said Society
including the said Flat and the said Shares to the Purchaser.
The Vendor has represented to the Purchaser :-
a. that the Vendor has paid all the dues and outgoings in respect of the said
Flat up-to-date.
b. that the said Flat is free from all encumbrances.
c. that the said Flat belongs to the Vendor absolutely and that no other
person or persons have any right, title or interest whatsoever therein by way
of sale, gift, exchange, inheritance, lease, lien or otherwise in the said
shares / said flat.
d. that notwithstanding anything herein contained, any act, deed, matter or
thing of whatsoever nature done by the Vendor or any person or persons
lawfully or equitably claiming by from, through or in trust for Him, the
Vendor has full right, power and absolute authority to sell or transfer to the
Purchaser the said Flat and his right, title and interest in the said Society
and that the Vendor has not done or committed or omitted to do any act, deed,
matter or thing whereby the ownership, possession and/or occupation of the
said Flat by the Vendor may be rendered illegal and/or unauthorised for any
reason or on any account.
e. that the Vendor shall obtain the necessary No Objection Certificate from
the said Society for transfer, sale of the interest of the Vendor in the said
Society, as well as the right, title and interest of the Vendor in the said
Flat as herein contained to the Purchaser and also to the admission of the
Purchaser to the membership of the said Society in his place and instead of
the Vendor when the sale herein is completed by delivering the vacant and
peaceful possession of the said flat to the Purchaser.
f. that on payment of the full purchase price herein reserved, the Purchaser
shall be entitled to the vacant and peaceful possession of the said Flat.
The Vendor doth hereby agree to sign and execute any deed or writing as well
as all other papers and documents as may be required by the Purchaser for
transferring the said Flat and the said shares to the name of the Purchaser in
pursuance of this Agreement.
The Purchaser doth hereby covenant with the Vendor that he shall always abide
by the Rules, Regulations and By-laws of the said Society and shall pay the
municipal taxes and maintenance charges in respect of the said Flat from the
day the Vendor delivers possession of the said Flat to the Purchaser. It is
specifically agreed by and between the parties that till the said Flat is
transferred in the name of the Purchaser, the Purchaser shall not be liable to
pay any maintenance charges in respect of the said Flat to the said Society
and the same shall be borne by the Vendor.
That the Vendor declares that his Membership of the said Society is subsisting
and is in full force and has not been terminated.
The Vendor has represented to the Purchaser that the total transfer fee /
transfer premium / donation payable to the said Society for transfer of the
said flat / said shares of the said society in the name of the Purchaser shall
be borne and paid by both the parties in equal proportion.
It is agreed between the Vendor and the Purchaser that the expenses for stamp
duty on these presents or on final sale deed / transfer deed and registration
charges in respect of this transfer shall be borne and paid by the Purchaser
alone and the Vendor shall not be liable to pay the same or any part thereof.
However, the stamp duty or duties in respect of all previous transfers in
respect of the said flat shall be the responsibility of the Vendor.
The Vendor doth hereby undertake to hand over all the documents including
share certificate, receipts, papers concerning the said Flat to the Purchaser
against the receipt of the balance consideration of Rs. _________/- (Rupees
________________________ only).
The Vendor doth hereby undertake to do and to execute all acts, deeds, matters
and things as and when it is necessary, proper or expedient for the purpose of
fully and effectually transferring the said Flat and the said Shares of the
said Society to and in favour of the Purchaser in the record of the said
Society to enable the Purchaser to have and to hold the said Flat and the said
Shares absolutely.
SIGNED AND DELIVERED by the
}
withinnamed "Vendor"
}
Shri ________________
}
in the presence of:
}
1.
}
}
2.
}
SIGNED AND DELIVERED by the
}
withinnamed "Purchaser"
}
Shri ________________
}
in the presence of:
}
1.
}
}
2.
}
Received of and from the withinnamed } Purchaser a sum of Rs. ________/- }
(Rupees _____________ only) as } earnest money for the transfer/purchase } of
the said Flat/said Shares. }
WITNESSES I say Received
1.
2.
Vendor
SCHEDULE OF PROPERTY
|