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THIS DEED OF TRANSFER is made at _______________(city) this _____ day of _____,
20__, BETWEEN : __________________________ Indian Inhabitant residing at
______________________________________, (city), hereinafter referred to as "THE
TRANSFEROR" (which expression shall, unless it be repugnant to the context or
meaning thereof be deemed to include her heirs, executors and administrators) of
the ONE PART and ________________________, Indian Inhabitant residing at
_________________________________ _____________________, (city), hereinafter
referred to as "THE TRANSFEREE" (which expression shall unless it be repugnant
to the context or meaning thereof be deemed to include his heirs, executors,
administrators and assigns) of the OTHER PART.
WHEREAS :
The Transferor is a registered member of ________________________ Co-operative
Housing Society Ltd., a Co-operative Society formed and registered under the
provisions of the Maharashtra Co-operative Societies Act, 1960, under
Registration No.______________________ dated __________ situated at
_____________________, (city) (hereinafter called "the said society") and as
member of the said society, the Transferor is holding __ ( ___ ) fully paid up
shares of Rs._________/- (Rupees ___________________ only) each bearing
distinctive Nos.___ to ___ (both inclusive) as per the share certificate
No.___ issued by the said society (hereinafter called the "the said shares").
By virtue of being member of the said society, the Transferor is absolutely
seized and possessed of and otherwise well and sufficiently entitled to flat
No.___, admeasuring ___ sq.ft. built up area on the _______ floor of building
No.__ of _______________________ (hereinafter called "the said Premises")
situated at _______________________________ (city) belonging to the said
society.
The Transferor has agreed to sell and transfer to the Transferee, and the
Transferee has agreed to purchase and acquire all right, title and interest of
the Transferor in the said share certificate No.__ and in flat No.___, on the
ground floor of building No.__ of _________________ situated at
_______________ (city), at or for the sum of Rs._________/- (Rupees
_____________________ Only) on the terms and conditions hereinafter contained.
The Transferee has paid to the Transferor the full consideration of
Rs._________/- (Rupees _________________ only) before the execution of these
presents.
The Transferor has obtained the consent of the said society for the transfer
of the said shares and the said premises to the Transferee.
The Transferor has executed and handed over to the Transferee the Transfer
forms and all other letters, documents and writings as required under the
Maharashtra Co-operative Societies Rules, 2061 and bye-laws of the said
society for the effectual transfer of the said Premises and the said Shares.
The stamp duty and registration charges payable in respect of this Deed of
Transfer shall be borne and paid by the Transferee alone. The transfer fee /
premium / Donation payable to the said society in respect of the transfer of
the said shares / premises shall be borne and paid by the Transferee and the
Transferor in equal proportion.
The Transferor has handed over to the Transferee the vacant and peaceful
possession of the said premises alongwith the original of the said share
certificate and all other documents pertaining to the said premises and the
Transferee has requested the Transferor to execute these presents which the
Transferor has agreed to do in the manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS :
In pursuance of the aforesaid agreement and in consideration of a sum of
Rs._________/- (Rupees _______________ only) paid by the Transferee to the
Transferor on or before the execution of these presents being the full
consideration receivable by the Transferor, (the payment and receipt whereof
the Transferor doth hereby admit and acknowledge) the Transferor for herself
and her heirs, executors and administrators and assigns DOTH HEREBY grant,
convey and transfer unto the Transferee all her beneficial rights, title and
interest into and upon the said shares bearing distinctive Nos.__ to __ (both
inclusive) vide share certificate No.__ issued by the _______________
Co-operative Housing Society Limited and all funds (including sinking fund)
and properties standing in her name in the records of the said society AND
including the flat No.___ admeasuring ___ sq.ft. builtup area on the ____
floor of the building __________ of _______________ of the said society
situated at ____________ ____________ (city) TOGETHER with all the rights and
privileges whatsoever of the Transferor as the member of the said society and
all the rights, title and interest of the Transferor in the said shares and in
the said Premises SUBJECT HOWEVER to the payment by the Transferee of all
taxes and outgoings and other charges now or hereafter payable to the said
society or any other body AND the Transferor doth hereby covenant with the
Transferee that the Transferor is the absolute owner of the said
shares/Premises and she has full right, power and absolute authority to
transfer her rights, title and interest in the said Premises and the said
shares in favour of the Transferee in the manner aforesaid AND the Transferor
doth hereby covenant that she shall at the request and cost of the Transferee
sign and execute such further deeds, documents and papers which the Transferee
may reasonably require to effectively transfer and vest the Transferor's
right, title and interest in the said shares and the said Premises in favour
of the Transferee.
The Transferor declares records and confirms that
The said Premises with all rights attached thereto are free from all
encumbrances charges of any kind whatsoever and the Transferor has observed
the bye-laws of the said society and cleared all dues in respect of the said
Premises till the date of execution of this transfer deed. The Transferor
further declares that the said shares and the said Premises are neither the
subject matter of any litigation, nor the same are attached in the execution
of any decree whether of Government or otherwise.
The Transferor has not created or purported to create any tenancy rights,
licence or other rights of use and occupation in respect of the said
Premises.
The Transferor has not contracted to sell / transfer the said Premises /
shares to any other person and the said Premises / shares are free from all
encumbrances, liens, charges of any nature whatsoever.
The Transferor covenants with the Transferee that the Transferor shall
indemnify and keep Indemnified the Transferee from and against all actions,
claims, demands, charges etc. falling due prior to execution of these
presents in respect of the said shares/ Premises.
The Transferor agrees to accompany the Transferee and/or her legal advisor
or her representative to the office of the Sub-Registrar of Assurance and
lodge this transfer deed for registration and admit the execution thereof.
The Transferor agrees to produce his Income-tax Clearance Certificate u/s.
230A of Income-tax Act, 1961 to enable the Transferee to register this
Transfer Deed.
The Transferee declares that on being admitted as a member of the said society
he will observe and abide by the rules regulations and bye-laws of the said
society from time to time in force.
The stamp duty, registration charges if any payable in respect of this deed of
transfer and in any other document to be executed in future in respect of the
said Premises / shares shall be borne and paid by the Transferee alone. The
Transfer premium/charges payable to the said society in respect of the
transfer of the said shares/premises shall be borne and paid by the parties to
this Deed in equal proportion.
IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set
and subscribed their respective hands on the day and year first hereinabove
written.
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEROR" )
__________________________ )
in the presence of ......... )
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEREE" )
___________________________ )
in the presence of ......... )
RECEIPT
RECEIVED of and from ___________________________ a sum of Rs_________/-
(Rupees ___________________ only) vide Cheque No.______ dated __/__/20__ drawn
on _______________, _________ Branch, (city), being the full and final payment
towards the transfer of share certificate No.__ issued by _________________
Co-operative Housing Society Ltd. and flat No.___ on the ______ floor of
Building No.__ of ____________ Co-operative Housing Society Ltd. situated at
________ _______ _____________________, (city) as within mentioned.
I SAY RECEIVED
____________________________
( __________________________ )
Transferor
WITNESSES :
1.
2.
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