Agreement
for Sale
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 unauthorized 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. }
I say Received.
WITNESSES
1.
2.
Vendor
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