Deed of Sale of Deity Property
This Deed of Sale of Deity Property is made and entered into at________, this____ day of______, 20____, between__________________, a Hindu Deity, established and consecrated in the sanctum-sanctorum of the temple, situated at______________________ (hereinafter for the sake of brevity, referred to as the ‘Said Deity’), through ABC, an adult Hindu of Vaishnava sect, occ:- Shebait, Indian inhabitant of____________________________ (hereinafter for the sake of brevity, referred to as the ‘Vendor Shebait’) and DEF, an adult Indian, aged about________ years, occ:-__________, resident of________________________________ (hereinafter for the sake of brevity, referred to as the ‘Said Purchaser’, which expression shall, unless it be repugnant to the context and meaning thereof, include his legal heirs, executors and administrators).
WHEREAS, ______________ is a Hindu Deity worshipped and revered by the Hindu community, especially the followers of Vaishnava sect and it was consecrated and established in the temple situate at________________, in the year_________. The ‘Said Deity’ being a juristic person is capable of and does own immovable properties comprising several tracts of agricultural lands situate in the temple complex as well as elsewhere, as described in Schedule I.
AND WHEREAS, the ‘Said Deity’ being a juristic person cannot look after its business and day-to-day affairs of its temple and other properties, the same are looked after by ABC, who holds the office of Shebait or Manager, by virtue of lineal succession and in that capacity the latter (ABC) is in charge and possession of all the properties and estates of the ‘Said Deity’.
AND WHEREAS, the income of the ‘Said Deity’ which comprises the offerings and donations made by the devotees as well as the rent from certain lands, is miserably insufficient to meet the day-to-day expenses of the deity and its temple, it was found necessary to sell off a part of its agricultural lands as described in Schedule II appended hereto (hereinafter described as the ‘Said Schedule II Property’) for creating a steady corpus fund for meeting the increasing expenses of the ‘Said Deity’ and its temple.
AND WHEREAS, the aforesaid legal necessity left ‘Vendor Shebait’ with no other option but to sell the properties comprising agricultural lands and a farmhouse as described in Schedule II hereto, he applied to the Hon’ble_________________ Court at_______ for its permission to effect the said sale and in pursuance of the said application the Hon’ble Court vide its order dated__________, passed in Civil Suit/Application No.________, permitted the ‘Vendor Shebait’ to effect the said sale, subject to certain terms and conditions as laid down in the said order.
AND WHEREAS, the Hon’ble Court’s order envisaged sale to the highest bidder through newspaper publication, the ‘Vendor Shebait’ invited bids from the prospective buyers through Tender Notices published in the English Daily________ & Marathi Daily_______, on_________.
AND WHEREAS, the purchase price offered by DEF was the highest amongst all the offers received by the ‘Vendor Shebait’, he, with the approval of the Hon’ble_______ Court, accepted the same and proceeded to complete the sale transaction, the terms and conditions whereof are reduced to writing as hereunder.
NOW THIS DEED OF SALE OF DEITY PROPERTY WITNESSETH AS FOLLOWS:-
1] The ‘Vendor Shebait’ in consideration of the sale price of Rs______/- (Rs___________________/-only) received from the ‘Said Purchaser’, doth hereby grant, transfer, convey, assign and assure unto the ‘Said Purchaser’ all the rights, interests and title in the ‘Said Schedule II Property’ belonging to the ‘Said Deity’ free from all encumbrances and charges.
2] The ‘Vendor Shebait’ in pursuance of these presents has handed over vacant and peaceful possession of the ‘Said Schedule II Property’ to the ‘Said Purchaser’ who has accordingly entered upon the same.
3] The ‘Vendor Shebait’ has already received the consideration of Rs._____/- (Rs.________________/-only) from the ‘Said Purchaser’ vide cheque No________, dated_______, drawn on______________ Bank, ________ Branch and the same has been duly honoured. The ‘Vendor Shebait’ hereby acquits and releases the ‘Said Purchaser’ to that effect and extent.
4] The ‘Vendor Shebait’ covenants with the ‘Said Purchaser’ that he is lawfully entitled to convey the ‘Said Schedule II Property’ on behalf of the ‘Said Deity’ and nothing prevents the ‘Vendor Shebait’ from giving effect thereto. The ‘Vendor Shebait’ hereby indemnifies and keeps indemnified the ‘Said Purchaser’ and his legal representatives from any loss, damage, injury or expense that might be occasioned to him in the event of any adverse claim being raised against him/them by any party, whatsoever touching upon the question of rights, title or interest in the ‘Said Schedule II Property’.
5] The ‘Vendor Shebait’ has conveyed the ‘Said Schedule II Property’ without any charge or encumbrance and thereupon the ‘Said Purchaser’ shall hold the same absolutely except insofar as the existing easementry rights of the ‘Said Deity’ to the right of way, light and ventilation are concerned. The ‘Said Purchaser’ hereby covenants with the ‘Vendor Shebait’ that he or any person claiming through him shall not do any act, deed or thing which would curtail or hamper the existing easementry right of the deity enjoyed lawfully by the devotees, followers and servants etc.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands to this writing the day, month and year first hereinbefore mentioned.
Signed, Sealed and Delivered by the
withinnamed ABC, the ‘Vendor Shebait’
representing the deity______
in the presence of
Vendor Shebait representing the deity______
Signed, Sealed and Delivered by the
withinnamed DEF, the ‘Said Purchaser’
in the presence of