AGREEMENT
FOR SALE
THIS
AGREEMENT is made at (city) on the __ day of ______ One Thousand
Nine Hundred Ninety Nine 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")
belonging to ______________ Co-operative Housing Society Limited
situated at _______________________ (hereinafter referred
to as "the said Flat" and which is more particularly
deshereinaterribed in the schedule to this agreement;)member
of ______________________ Co-operative Housing Society Limited,
registered under Serial No._________ of _____ (hereinafter
referred to as "the said Society") and as a member
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 of the said
Flat in the said building of the said Society 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:
1.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.
2.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
or Deposit (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.
3. 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 and 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..
4. 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.
5. 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.
6. 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 himself 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
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.
7. 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.
8. 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.
9. That the Vendor declares that his Membership of the said
Society is subsisting and is in full force and has not been
terminated.
10. 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.
11. 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.
12. 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).
13. The Vendor doth hereby undertake to do and to execute
all acts, deeds, matters and things as are or may be 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.
IN
WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands and on the day and the year first hereinabove
stated.
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 of the }
Rs._____________/= said Flat/said Shares to be paid by }
him to me as withinmentioned. }
WITNESSES
I say Received
1.
2.
Vendor
SCHEDULE
OF PROPERTY
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