DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. ourmalayalam.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
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: dee
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:
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);
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 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..
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 :-
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 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.
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.
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 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 within named "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
Legal Documents
DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. ourmalayalam.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
THIS
AGREEMENT OF LEAVE & LICENCE is made and entered into at (city) on
the __ day of ______ Two Thousand Between ___________________________,
of (city), Adult Indian Inhabitant, residing at
________________________________, hereinafter called the LICENSOR
(Which expression unless be repugnant to the context or meaning thereof
be deemed to include his heirs, executors, administrators and assigns)
of the ONE PART.
And
Adult Indian Inhabitant, residing at ________________________________,
hereinafter called the LICENSEE (Which expression unless be repugnant
to the context or meaning thereof be deemed to include his heirs,
executors, administrators and assigns) of the OTHER PART.;
WHEREAS the LICENSOR is the exclusive owner and is seized and possessed
of the Shop/Flat/Gala No………….in
building____________known__________________as
at____________,________________admeasuring about______sq.ft.
hereinafter referred to as the 'SAID FLAT/SHOP/GALA' for the brevity's
sake.
AND WHEREAS THE LICENSEE has approached the
licensor to give the said FLAT/SHOP/GALA to the licensee on temporary
basis on leave and licence basis for a period of eleven months from
……….(date) on terms and conditions hereinafter appearing;
NOW THIS AGREEMENT WINESSETH AS UNDER
COMMENCEMENT
1.
The parties of the First Part hereby state and declare that he has
allowed the party of the other part to use the said FLAT/SHOP/GALA
premises with effect from…….(date) for a period of eleven months on
Leave and Licence basis.
PERIOD
2. The party of the other part has agreed to occupy and use the said
FLAT/SHOP/GALA premises for a period of eleven months purely on leave
and licence basis commencing on…………(date) and expiring………(date)
DAMAGE & BROKERAGE
3.
The Licensee shall keep the said FLAT/SHOP/GALA in good condition and
if any damages, breakages are caused to the said FLAT/SHOP/GALA, the
licensee shall make good the loss caused to the Licensor on account of
such damages and breakages.
COMPENSATION / RENT
4.
The Licence shall pay Rs………………/- (Rupees……………………………) per month
compensation/rent for the use of the said FLAT/SHOP/GALA premises on or
before 10th of every month and if failed owner has right to cancel the
agreement.
5. The licensee shall keep the said
FLAT/SHOP/GALA premises in good conditions and shall nor cause any
nuisance and shall refrain from doing any day or night any act which
might be objectionable to the owner or the neighbours and for this
purpose the Licensor shall have right to enter and inspect the premises
at any time proper and suitable to him.
6. The
licensee shall not keep, permit or allow any one else to use the said
FLAT/SHOP/GALA or grant licence to use and occupy or subtle nor shall
transfer or assigns the benefits of this agreement to any persons.
7.
The licensee shall not carry any illegal business or activities nor
shall store any prohibited articles or commodities which could cause
damage to the FLAT/SHOP/GALA premises and shall observe strictly the
rules and regulation of the Municipal, Grampanchayat, Police Department.
8. The licence shall be automatically terminated immediately after
eleven months and immediately after that the licensee shall handover
peaceful and vacant possession of said FLAT/SHOP/GALA to the licensor.
9. The Licensor shall have right of re-entry on breach of any of the terms and conditions on the part of Licensee.
10. The Licensors and the Licensee hereby covenant each other that
either of the party of this agreement earlier than the date stipulated
hereinabove, the desiring party of this agreement shall give one month
notice in writing to the other party of such intention and accordingly
the said agreement shall remain terminated on expiry of the notice
period.
RENEWAL
AND WHEREAS
the parties hereto have an option to renew THIS AGREEMENT / AGREEMENT
for further period………..months from the day of …..to the …….day of………..,
both days inclusive on the same terms and conditions of THIS AGREEMENT,
except for this provision of further renewal, and provided the LICENSEE
agrees to increase the MONTHLY LICENCE / COMPENSATION to Rs…………………………(
Rupees…………………………………………………………..only ) (TIME BEING THE ESSENCE OF THIS
CONTRACT)
11. That on completion of THIS AGREEMENT
period or earlier termination thereof, as the case may be, as herein
provided, the LICENCE shall receive, from LICENSORS, collectively or
either of them, the balance amount or complete amount of SECURITY
DEPOSIT (as the case may be) after deductions of monthly
COMPENSATION/LICENCE - FEE, if any due, as also all the arrears of
charges due as per clause No.3 (three) hereinabove, and monetory loss,
if any, suffered by the LICENSORS, by reason of the operation (by the
LICENSEE) of THIS AGREEMENT OF LEAVE LICENCE, besides the loss in terms
of money, suffered by the LICENSORS on account of damage to the PORTION
or the PREMISES, and / or fittings/fixtures therein.
12. That in case the LICENSEE shall be liable to pay the
COMPENSATION/LICENSEE FEE for the entire period of 11 (eleven) months,
or the entire renewal period, as the case may be, of the use/occupation
if the PORTION, even though he might vacate the PORTION, earlier, on
his own initiative.
13. That in case the LICENSEE
commits default in payment of the monthly for two consecutive months,
or commits breach of any of the terms/conditions/covenants of THIS
AGREEMENT OF LEAVE AND LICENCE subject to clauses Nos. (5) and (6)
herein, without having to refer the matter to any court of law, or the
said SOCIETY.
14. That at all times, the OWNERSHIP
and LEGAL POSSESSION AND OCCUPATION of the PORTION and the PREMISES
shall be that of the LICENSORS, collectively, only and the LICENSEE
shall use and occupy the PORTION as LICENSEE only, and shall not claim
any interest of any nature whatsoever in the said PORTION or the
PREMISES, and that nothing in THIS AGREEMENT shall be construed to be a
demise at law in respect of the PORTION or the PREMISES or to confer
the LICENSEE any right of tenency/sub-tenency/lease/sub-lease, etc., in
respect of the PORTION or the PREMISES.
15. That
the LICENSEE shall, on expiry of the period of THIS AGREEMENT or the
RENEWAL PERIOD, as the case may be or on earlier revocation, and /or
vacation, of said premises, as herein provided, remove himself together
with all his articles/things and hand over the occupation of the
licensors, collectively or either of them, peacefully, and without any
let/hindrance, in good order and condition normal wear and tear
expected.
16. That the LICENSORS and/or their
respective authorized agent/s shall have the right to visit/enter the
PREMISES for bonafide inspection purposes, at all reasonable times,
between sunrise and sunset times, only.
17. That
the LICENSEE hereby confirm that the PORTION shall be occupied by him
(LICENSEE) on "AS-IS-WHERE-IS" basis, and that, therefore, any relevant
laws/rules to the contrary notwithstanding, he (LICENSEE) shall not
during the period of THIS LICENCE, or thereafter, demand or required by
the LICENSORS any payment for any
additions/alterations/repairs/renovations, of the PORTION or the
PREMISES, which, if required by the LICENSEE, shall be carried out by
the LICENSEE at his own cost, subject to obtaining prior permission
from the LICENSORS, subject to the LICENSEE procuring required
permission from the concerned SOCIETY and all other concerned
authorities/institutions.
18. That the LICENSEE doth hereby agree/undertake that he, his family members, staff, visitors, shall:-
19. (a) Take all reasonable care of, all and singular, the PORTION and
the PREMISES, and shall indemnify the LICENSORS from and against any
damage/loss (other than by ordinary wear and tear) by reason of normal
use/occupation thereof, and he shall not do any actor thing do any
actor thing which may cause harm/damage to the PORTION or the PREMISES,
and/or to the fixtures/fittings in the PORTION and the PREMISES, and
shall take proper care of the same as he would take in case of his own
property and belongings, and shall always keep the PORTION and the
PREMISES in a clean/habitable decent/sanitary condition, free from
waste/rubbish.
(b) Not do/cause/suffer to be done,
any act/deed, in or about PORTION or the PREMISES which is
illegal/improper/indecent/ immortal or which may expose the LICENSORS
to any damage/loss/harm, due to any legal/Government /Society's action,
or any action by the person/s so affected, and shall not
disturb/injure/damage/remove/shift/displace/misplaced, or cause to be
displaced/distured/injureed/removed/shifted/misplaced, any of the
fixtures/fittings provided in the PORTION/PREMISES.
(c)
Observe all the rules/regulations, now in force, or as may be imposed
hereafter by the concerned SOCIETY / association/government/ Municipal
authorities, in respect of his use/occupation of the PORTION, from time
to time.
``
21. That
THIS AGREEMENT shall be governed by (a) Indian Contract Act, 1882, and
(b) the LICENSEE specifically agrees to be bound by Section No 24. Of
the Bombay Rent Act, 1999 as at present in force, and shall not be
affected to the prejudice of the LICENSORS by any change in the said
provisions of relevant law (which might be adverse to the interest of
the LICENSOR) viz. Section No 24 of the said RENT ACT, which reads as
follows:-
22. "(a) Not withstanding anything
contained in THIS Act, a LICENSEE in possession or occupation of
PREMISES give to him on LICENCE FOR RESIDENCE, shall deliver possession
of such PREMISES to the LANDLORD on expiry of the period of LICENCE.
"AND
on the failure of the LICENSEE to so deliver the possession of the
LICENCED PREMISES, a LANDLORD shall be entitled to recover possession
of such PREMISES from a LICENCE, by making an application to the
COMPETENT AUTHORITY.
"AND THE COMPETENT AUTHORITY,
on being satisfied that the period of LICENCE has expired, shall pass
as order for eviction of the LICENSEE.
"Any
LICENSEE who does not deliver possession of the PREMISES to the
LANDLORD on expiry of the period of LICENCE, and continues to be in
possession of the LICENCED PREMISES, till he is dispossessed by the
COMPETENT AUTHORITY, shall be liable to pay damages at double the rate
of the LICENSEE - FEE or CHARGE of the PREMISES fixed under the
AGREEMENT OF LICENCE.
"THE COMPETENT AUTHORITY
shall not entertain any claim of whatever nature from any other person
who is not a LICENSEE according to the AGREEMENT OF LICENSEE.
"Explanation - for the purpose of this SECTION
(a) The expression "LANDLORD" does not include a tenant, or a sub-tenant, who has given premises on LICENCE.
(b) An AGREEMENT OF LICENCE in writing shall be conclusive evidence of the fact therein."
23. That under the provision of aforesaid clause No. (13) (a) (2) of
the said RENT ACT, the said LICENSORS enhanced charge of
Rs………….(Rupees…………………Only) per month, if he fails to vacate the
PREMISES on or before the 30th day of ……….., or the renewal period
expiring on the 31st day of ………, as the case may be, and shall he also
liable for prosecution under the aforesaid provision of the BOMBAY RENT
ACT, 1+ 947, at the cost and consequences of the said LICENSEE."
IN WITNESS WHEREOF, THE PARTIES TO HAVE HEREUNTO SET AND SUBSCRIBED
THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR FIRST HEREIN ABOVE
WRITTEN,
Name / Address of the witness are the same as Given above.
Legal Documents
DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. ourmalayalam.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
ARTICLES
OF AGREEMENT made at Bombay this _____ day of __________, 20__ between
(1) ____________ and (2) _________________ both of (city) Inhabitants
hereinafter called "the Owners" (which expression shall unless it be
repugnant to the context or meaning thereof, be deemed to include their
respective heirs, executors and administrators) of the One Part and
_______________________ of Bombay Indian Inhabitant carrying on
business at _____________________________ hereinafter called "the
Developer" (which expression shall, unless it be repugnant to the
context or meaning thereon be deemed to include his heirs, executors,
administrators and assigns) of the Other Part:
Whereas the Owners are absolutely seized and possessed of or otherwise well and
sufficiently entitled to all those pieces or parcels of land or ground
situate lying and being at Bombay in the registration District and
sub-District of Bombay City and Bombay Suburban admeasuring -- square
metres or thereabouts and more particularly described in the Schedule
hereunder written (hereinafter for the sake of brevity referred to as
"the said property");
Andwhereas the said property is vacant save and except a portion thereof which is
presently occupied and encroached upon by some unauthorised occupants
or trespassers who have constructed some unauthorised structures/huts
thereon and of which fact the Developer is aware, he having inspected
the said property prior to the execution of these presents;
Andwhereas The Owners have represented to the Developer that a portion of the said
property is under reservation under the sanctioned development plan and
another portion of the said property is reserved under the draft
Development plan and of which fact the Developer is fully aware;
Andwhereas All of the said property has been declared to the surplus vacant land
by the Competent Authority under the provisions of the Urban Land
(Ceiling and Regulation) Act, 1976;
Andwhereas The Owners have agreed to grant to the Developer and the Developer has
agreed to accept from the Owners exclusive rights of development of the
said property upon the terms and subject to the conditions herein
recorded.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:
The
Owners hereby grant exclusive right to the Developers of development of
the said property on what is known as "as is where is basis" and the
Developer accepts the same for the consideration and subject to the
terms and conditions herein provided.
It
is specifically agreed that the Owners shall through the Developers'
Architects submit plans for sanctioning of lay out for construction of
buildings and/or other structures on the said property or any part or
portion thereof.
The
said plans shall be prepared by the Architects of the Developer and at
the costs of the Developer and the Owners shall submit only such plans
as are prepared by the Developer through their Architects and copy of
the finally approved plan shall be given to the Owners.
Soon
after the execution of this agreement, if so required, the Owners shall
execute a Power of Attorney in favour of the Developer or any other
person nominated by the Developer to approach all public authorities
and to submit and obtain sanction of plans of lay-out and the buildings
and structure/s to be constructed on the said property or any portion
thereof from the Municipal Corporation of Greater Bombay and all other
concerned authorities.
The
Developer is aware that certain portions of the said property are under
reservation under the sanctioned development plan. It is agreed that
the Owners shall under no circumstances be liable to remove the said
reservations nor shall the Developer be entitled to any reduction in
the consideration payable hereunder on account of the said
reservations. However, the Owner shall sign all applications, papers,
writings, etc. as may be required by the Developer the purpose of
removing such reservations.
In
consideration of the Owners granting exclusive rights of development to
the Developer under this Agreement, the Developer shall pay to the
Owners a minimum consideration of Rs. ____________/- (Rupees
________________ ______________________ only) (hereinafter called "the
minimum consideration") or an amount calculated at the rate of Rs.50/-
per square foot of the F.S.I. which may be sanctioned by the Municipal
Corporation of Greater Bombay, whichever is higher and the said total
consideration amount shall be paid in the manner following:
Rs.
____________/- (Rupees ______________________ ____________ only) on the
execution hereof being the earnest money or deposit (receipt of which
sum the Owners do hereby admit and acknowledge).
Rs.
____________/- (Rupees _____________________ _____________ only) being
the balance consideration which shall be paid by the Developer to the
Owners on the compliance of the following:
The Owners making out the marketable title to the said property free from all encumbrances and reasonable doubts.
The Appropriate Authority issuing its NOC under Section 269 UL(3) of the Income-tax Act, 1961.
The Owners handing over complete vacant possession of the said property to the Developers under an irrevocable license.
Developer
the owners giving irrevocable right to construct buildings on their own
account and with right to sell the units in the said building/s to the
prospective purchasers, on ownership basis or otherwise and to
appropriate the Sale Proceeds to themselves although formal possession
of the property shall be handed over to the Developer on execution of
the Conveyance.
Notwithstanding
anything contained in the preceding clause it is specifically agreed by
and between the parties hereto that after execution hereof the
Developer shall be entitled to put up fencing around the said property
or any portion or portions thereof, for the purposes of preventing
further encroachments but subject to the existing encroachments, and
shall also be entitled to put up fencing around the portions of the
property in occupation of the unauthorised occupation as hereinabove
provided. The Developer shall also make arrangements for guarding the
said property and preventing any further encumbrance or encroachment by
trespassers or unauthorised persons upon the said property or any part
or portions thereof. All costs, charges and expenses in respect of the
above shall be borne and paid by the Developer alone. The Owners shall
not be liable to remove and/or vacate the encroachments or unauthorised
occupants who are already occupying portions of the said property nor
shall they be liable in respect of any further encroachment or
unauthorised occupation on the said property.
As
from the date hereof, the Developer shall be solely entitled at his own
risk to deal and/or negotiate with the unauthorised occupants and/or
trespassers on the said property and to take any proceedings against
them and/or to arrive at any arrangement or agreement with them at the
costs, charges and expenses of the Developer alone. However, the Owners
shall empower and authorise the Developer and/or his nominees under the
Power of Attorney to be executed as aforesaid to effectively deal
and/or negotiate with the trespassers or unauthorised occupants and to
receive the possession of the respective area occupied by such
trespassers or unauthorised occupants subject to the consideration
having been paid to the Owners for the said property as mentioned
hereinabove. The Developer shall also be entitled to hand over, on
behalf of the Owners, any area of the said property, which falls under
reservation and/or set-back and/or requisition or acquisition to the
relevant authorities in the event the same becomes necessary on
receiving proper notice from the authorities and for that purpose, the
Owners shall grant suitable powers and authorities in the said Power of
Attorney to be granted to the Developer and/or his nominee.
The Owners declare that:
The
Owners are the absolute owners of the said property described in the
Schedule hereunder written which is also shown on the plan hereto
annexed and marked "A" and thereon shown surrounded by a red coloured
boundary line and that the said property is vacant save and except the
portions thereof, which are at present occupied and/or encroached upon
by the unauthorised occupants and portions whereof are under
reservations as aforesaid.
Subject
to the Competent Authority granting permission and/or sanction under
the provisions of the said ULC Act, the Owners have good right, full
power and absolute authority to grant exclusive rights to develop the
said property described in the Schedule hereunder written to the
Developer and the Developer shall be entitled to develop the said
property subject to the terms and conditions herein contained.
They
have not created prior to the date hereof nor shall they create
hereafter during the pendency of the Agreement any right or encumbrance
of any nature whatsoever in respect of the said property or any part
thereof.
Simultaneously
with the execution hereof, the Owners shall deposit all the title deeds
relating to the said property described in the Schedule hereunder
written with their Advocates until the completion of the transaction
herein. The said Advocates shall after examining the title as mentioned
in the previous clause, send, against an accountable receipt all the
title deeds to the said Advocates of the Developer for perusal, as and
when required by the said Advocates. On the completion of the
transaction herein the Owners through their said Advocates hand over to
the Developer all the said title deeds against an ordinary receipt.
Upon
the Competent Authority under ULC Act granting the requisite permission
and/or sanction for the development of the said property and on
sanction of the plans by the Municipal Corporation of Greater Bombay
and all other concerned authorities as aforesaid the Developers shall
after full payment of the consideration amount to the Owners be
entitled to commence construction on the said property, for which
license to enter upon would be given by the Owners to the Developer
pursuant to this Agreement. The development to be carried out by the
Developer shall be in accordance with the permissions granted by the
Competent Authority under said ULC Act and shall also be in accordance
with the sanctioned plans. The Developer shall also be entitled in his
own right to enter into agreements on what is popularly called
Ownership basis or otherwise and/or arrangements with any person or
persons of their choice for the purpose of selling, allotting, and/or
transferring any of the flats/shops/ premises/garages/units, etc. to be
constructed by the Developer on the said property or any portions
thereof in accordance with the terms and conditions laid down by the
Competent Authority and in the sanctioned plans and to receive and
appropriate the consideration payable in respect thereof and/or any
part thereof for their own benefit and use. Such agreements and/or
arrangements shall be entered into by the Developer in his own name and
at his own costs and risk and no risk or liability of any kind shall be
incurred by the Owners in any manner.
After
the receipt of the full consideration by the Owners from the
Developers, the Owners shall execute one or more Deeds of Conveyance as
may be desired by the Developers but at the costs and expenses in all
respects being borne and paid by the Developer including stamp duty and
registration charges, in respect of the said property or portions
thereof, as the case may be, in favour of a Co-operative Society or
Societies or Association of persons or other body Corporate who have
agreed to acquire flats/shops/garages/premises/units etc. from the
Developer.
On
receipt of the full consideration amount by the Owners, if for any
reason the Developers do not desire to obtain the Conveyance of the
said property, then the Owners shall, at the request of the Developers,
simultaneously with the payment of the said balance amount, execute an
irrevocable Power of Attorney in favour of the Developer and/or his
nominees or nominee or representatives empowering and authorising the
said Attorneys, inter alia, to execute one or more Deeds of Conveyance
in respect of the said property or any portions thereof in favour of
the Developer or in favour of Co-operative Society or Societies or
association/s of persons to be formed and/or incorporated and/or
nominated by the Developer herein. No further consideration shall be
required to be paid by the Developer to the Owner for execution of such
Deed or Deeds of Conveyance.
Prior
to the execution of one or more Deeds of Conveyance in respect of the
said property or any portions thereof in the manner mentioned herein,
the Owners shall produce the requisite Certificate under the provisions
of Section 230A of the Income-tax 1961 for effectively vesting the said
property in favour of the Developer or in favour of the person or
persons nominated by the Developer. It is further agreed that in the
event the said Deed or Deeds of Conveyance or any of them are not
executed at the time of payment of the balance consideration amount an
amount representing 10% of the total consideration amount shall be
retained by the Owner's Advocates until the production of the said
Certificate/s under the provisions of Section 230A of the Income-tax
Act.
The
Owner shall pay and discharge all assessments, outgoings, taxes, etc.
payable in respect of the said property upto the date the possession of
the said property is handed over by them to the Developer. Thereafter,
the same shall be paid and borne by the Developer alone. The Developer
shall pay and discharge all outgoings, assessments, taxes, etc. for the
entire property after possession of the same whether whole or in part
is handed over to the Developer. If necessary, the same shall be
apportioned between the parties hereto.
The
Owner declares that no notice of acquisition or requisition issued by
the Municipal Corporation of Greater Bombay or under the Epidemic
Diseases Act or any other statute has been served upon them or anyone
on their behalf. If however, any notice or requisition of the Municipal
Corporation or other public body is issued in respect of the said
property after the date of execution of these presents but before the
completion of the transaction the Owners shall comply with the same at
their costs and expenses. The Owners hereby declare that at present no
notice or requisition has been served by the Government of Maharashtra
or Municipal Corporation of Greater Bombay for requisition or
acquisition or set-back in respect of the said property or any part
thereof and that so far as they are aware no such requisition or
acquisition or set-back is contemplated. Provided always that if the
Owners have concealed any such notice issued, inter alia, under any of
the Acts as aforesaid, the Developer will be entitled to cancel this
Agreement and on such cancellation to receive forthwith the earnest
money and all other payments made, if any.
All
disputes and differences that may arise between the parties hereto
relating to or in connection with the matter of this agreement or
between the parties or their representatives shall be referred to the
sole and final arbitration of Mr. _______________ or failing him Mr.
____________ as the sole Arbitrator whose decision shall be final and
binding on both the parties. The Arbitrator shall have summary powers.
All
out-of-pocket expenses of and incidental to this agreement including
the expenses for Deed/s of Conveyance and other documents and writings
including stamp duty and registration charges shall be borne and paid
by the Developer alone. The parties shall bear and pay their respective
Advocates' professional costs.
The
Developer shall be entitled to develop the said property either by
himself and/or through his nominees including a firm, wherein he is a
partner or a company wherein he is a Director, provided however, all
the obligations and liabilities undertaken by the Developer under this
Agreement shall remain in full force and be personally binding upon the
Developer, and in particular his liability for payment of all amounts
under this Agreement to the Owners.
The
Owners hereby declare that they have not entered into with any person
or persons Agreement to Sale or Lease or created any third party rights
in favour of any person or persons in respect of the said property.
In
Witness whereof the parties hereto have hereunto set and subscribed
their respective hands the day and the year first hereinabove written.
Signed and Delivered by the }
withinnamed : Owners
}
(1) __________________ and }
(2) ___________________
}
in the presence of
}
Signed and Delivered by
the
}
withinnamed :
Developer
}
_____________________________ }
in the presence of
}
RECEIVED the day and year first }
hereinabove written from
the
}
withinnamed Developer a sum of }
Rs._________/- (Rupees _______ }
___________ only) being the }
amount of deposit to be paid
}
by him to us by a Pay Order
}
bearing No. __________ and }
dated on ________________ }
Bank ________________
}
Branch _________________ }
Witnesses:
We
say received.
1.
2.
Owners
Legal Documents
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THIS DEED OF MORTGAGE IS MADE ON ______________________ DAY OF THIS MONTH OF _________IN THE YEAR _______.
BETWEEN
___________________________________Age about _________years, Occupation - Service / Business R/o ____________________________
________________________________________________
Age about _________years, Occupation - Service / Business R/o.
____________________________
_________________________________________________
Age about _________years, Occupation - Service / Business R/o.
____________________________ Hereinafter called the MORTGAGOR (which
expression shall unless repugnant to the context or meaning thereof be
a deemed to mean and include his/her/their/ heirs, legal
representative, administrators, successors, executors in title and
assigns) PARTY OF THE FIRST PART
A N D
__________________,
A BODY CORPORATE DOING THE BUSINESS OF _____________, having registered
Head Office at ____________________, registered under the
_________________________________, hereinafter referred to as “THE
MORTGAGEE” (which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its administrators,
executors, successors in title and assigns etc.) PARTY OF THE OTHER PART
WHEREAS
the property bearing Plot No.________________ S. No.
____________________________ CTS No. _______________________ situated
at _______________ Tal. Haveli, Dist. Pune more particularly described
in the schedule written hereunder (hereinafter referred to as ‘THE
PROPERTY’).
ANDWHEREAS the said property was owned by __________________________________
ANDWHEREAS the said society has divided the said property in several plots and allotted the same to its members.
ANDWHEREAS the Mortgagor/Borrower is the member of said society.
ANDWHEREAS the said plot No. _________________ is allotted to the Mortgagor.
ANDWHEREAS
the said owner of the property sold the said property to Mortgagor by
Sale Deed executed on ____________________ and the same is registered
in the office of the Sub-Registrar at Sr. No. _____________________ on
_______________and the same is in the possession of Mortgagor.
ANDWHEREAS the Mortgagor approached the Mortgagee for a loan of Rs. ______________for promotion of business.
ANDWHEREAS
the mortgagee has agreed to lend and advance a sum of Rs. __________/-
to the Mortgagor his/her/ their request upon having the repayment
thereof, with interest and charges secured in the manner hereinafter
expressed.
ANDWHEREAS the Mortgagor have agreed
to comply with the terms and conditions for securing the said amount
alongwith interest and charges.
ANDWHEREAS the
Mortgagor have agreed to mortgage the said property in favour of the
Mortgagee, as a security for repayment of said loan alongwith interest
and charges.