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TRANSFER
DEED
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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