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.
إرسال تعليق