sample letter of agreement to sell property

 

 

 

 

 

 

AGREEMENT TO SELL

 

 This AGREEMENT TO SELL is executed at New Delhi,on

This ____ day of ___________________ by and between;

Sh. _______ S/o ______R/o _____hereinafter called

"THE FIRST PARTY".

 IN FAVOUR OF

 Sh. _______ S/o______R/o_____,hereinafter called

"THE SECOND PARTY".

 The expression of the terms the 'FIRST PARTY' and the

'SECOND PARTY' wherever they occur in the body of this

Agreement to Sell, shall mean and include them, their legal

heirs, successors, legal representatives, administrators,

executors, transferee(s), beneficiary(ies),

legatee(s),probatee(s), nominees and assignee(s).

 

 AND WHEREAS the FIRST PARTY for his bonafide needs and

requirements have agreed to sell, convey, transfer and assign

to the SECOND PARTY and the SECOND PARTY has agreed to

purchase the alongwith proportionate, undivided,

indivisible and

impartible ownership rights in the said freehold land

underneath the said building measuring ____ square yards,

bearing No. ________, situated at ______________, with all

rights, title and interest, easements, privileges and

appurtenances thereto, with all fittings, fixtures,

electricity and water connections, structure standing

thereon, with all rights in common driveway, entrances,

passages, staircase and other common facilities and

amenities provided therein, hereinafter referred to as "THE

SAID PORTION OF THE SAID PROPERTY" for a total sale

consideration of Rs. _______________ (Rupees ______________

____________________________).

 NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER :-

 That in consideration of the sum of Rs.

____________/- (Rupees _____________________________),

out of which a sum of Rs. ________/- (Rupees ________

__________________________), as advance money has been

received by the FIRST PARTY from the SECOND PARTY, in the

following manner;

the receipt of which the FIRST PARTY hereby admits and

acknowledges and the remaining balance sum of Rs.

_________/- (Rupees ____________________________),

will be received by the FIRST PARTY from the SECOND PARTY,

at the time of registration of the Sale Deed, the FIRST

PARTY doth hereby agree to grant, convey, sell, transfer and

assign all his rights, titles and interests in the said portion

of the said property, fully described above,together

with proportionate undivided, indivisible and impartible

ownership rights in the freehold land underneath the said

building to the SECOND PARTY, on the terms and conditions

herein contained provided that nothing herein stated shall

confer or deemed to have conferred upon the SECOND PARTY

exclusively any right or title to the common

driveway, passages, staircase, overhead water tanks, sewers,

water meters and other common facilities to the exclusion of the

FIRST PARTY and or the SECOND PARTY or owners or

occupants of the other units of the said building.

 That the actual physical vacant possession of the

said portion of the said property will be delivered by the

FIRST PARTY to the SECOND PARTY, at the time of the

registration of the Sale Deed, after receiving the full

consideration.

 That on or before _____________, the FIRST PARTY

will execute and get the Sale Deed of the said portion of the

said property registered, in favour of the SECOND PARTY or his

nominee/s, on receipt of the full and final balance amount,

failing which either party shall be entitled to get the Sale

Deed registered through the court of law by SPECIFIC

PERFORMANCE OF THE CONTRACT, at the cost and expenses of

the defaulting party.

 That the FIRST PARTY hereby assures the SECOND

PARTY that the FIRST PARTY has neither done nor been party to

any act whereby the FIRST PARTY's rights and title to the said

portion of the said property may in any way be impaired

or whereby the FIRST PARTY may be prevented from transferring

the said portion of the said property.

 That the FIRST PARTY hereby declares and

represents that the said portion of the said property is not

subject matter of any HUF and that no part of the said

portion of the said property is owned by any minor.

 That the FIRST PARTY assures the SECOND PARTY that the

said portion of the said property is free from all kinds of

encumbrances such as prior Sale, Gift, Mortgage, Will, Trust,

Exchange, Lease, legal flaw, claims, prior Agreement to Sell,

Loan, Surety, Security, lien, court injunction, litigation,

stay order, notices, charges, family or religious

dispute, acquisition, attachment in the decree of any court,

hypothecation, Income Tax or Wealth Tax attachment or

any other registered or unregistered encumbrances

whatsoever, and if it is ever proved otherwise, or if the whole

or any part of the said portion of the said property is ever

taken away or goes out from the possession of the SECOND PARTY

on account of any legal defect in the ownership and title of

the FIRST PARTY then the FIRST PARTY will be liable and

responsible to make good the loss suffered by the SECOND

PARTY and keep the SECOND PARTY saved, harmless and

indemnified against all such losses and damages suffered by the

SECOND PARTY.

 That the house tax, water and electricity charges and

other dues and demands if any payable in respect of the said

portion of the said property shall be paid by the FIRST

PARTY upto the date of handing over the possession and

thereafter the SECOND PARTY will be responsible for the

payment of the same.

 That no common parts of the building shall be used by

the SECOND PARTY or other owners/occupants of the said

building for keeping/chaining pets, dogs, birds or for

storage of cycles, motor cycles nor the common passage shall be

blocked in any manner.

 That the proportionate common maintenance charges

will be paid by all the occupants/owners of the said

building in proportion of the area occupied by them.

 That the SECOND PARTY shall have full right of

access through staircase to the top terrace at all

reasonable times to get the overhead tank repaired/cleaned

etc. and to install T.V. Antenna.

 That the SECOND PARTY shall have, as a matter of

right, right to use all entrances, passages, staircases and

other common facilities as are available in the said

building.

 That a separate electric meter and water meter

have been provided in the said building for the exclusive use

of the owner(s)/occupants of the said portion of the said

property.

 That in the event of the building being damaged or not

remaining in existence on any account whatsoever then the

SECOND PARTY shall have the proportionate rights in the land

alongwith other owners of the building and shall have the right

to raise construction in proportion to the one as now being

sold conveyed and being transferred under this Agreement to

Sell.

 That the SECOND PARTY have full right to nominate or

assign this Agreement to Sell in favour of any person or

persons, be it a firm, body corporate or association of

person and the FIRST PARTY shall have no objection to it.

 That pending completion of the sale, the FIRST

PARTY neither shall enter into any agreement of sale in

respect of the said property or any part thereof nor shall

create any charges, mortgage, lien or any arrangement, in

respect of the said property in any manner whatsoever.

 That the photostat copies of all relevant

documents in respect of the said property have been

delivered by the FIRST PARTY to the SECOND PARTY.

 That all the expenses of the Sale Deed viz. Stamp

Duty, Registration charges, etc. shall be borne and paid by the

SECOND PARTY.

 That this transaction has taken place at New

Delhi. As such, Delhi Courts shall have exclusive

jurisdiction to entertain any dispute arising out of or in any

way touching or concerning this Deed.

 IN WITNESS WHEREOF, the FIRST PARTY and the SECOND

PARTY have signed this AGREEMENT TO SELL at New Delhi, on the

date first mentioned above in the presence of the

following witnesses.

WITNESSES :-

1.

 FIRST PARTY.

2.

 SECOND PARTY.

 

 

 

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