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 covenant 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 :
- that the Vendor has paid all the dues and outgoings
in respect of the said Flat up-to-date.
- that the said Flat is free from all encumbrances.
- 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.
- 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.
- 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.
- 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 are 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
- Vendor
SCHEDULE OF PROPERTY