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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:
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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.
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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.
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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.
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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.
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The Vendor both 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.
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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 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 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.
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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.
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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.
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That the Vendor declares that his Membership of the said Society is
subsisting and is in full force and has not been terminated.
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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.
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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.
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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).
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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 within named } Purchaser a sum of Rs. ________/- }
(Rupees _____________ only) as } earnest money for the transfer/purchase } of
the said Flat/said Shares. }
WITNESSES I
say Received 1. 2.
Vendor
SCHEDULE OF
PROPERTY
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