MODEL FORM – DEED OF SALE
THIS DEED OF SALE is made and entered into at ___________ this _____ day of the month of __________________in the Christian Calendar Year, of Two Thousand and _______________ BETWEEN
Mr_____________________
Age:-_____years, Occupation:-____
Residing at:- __________________
_____________________________
_____________________________
____________________________
(Hereinafter referred to as the ‘Vendor of the first part’ for the sake of brevity, which expression, unless it be repugnant to the context and meaning thereof, shall mean and include his legal heirs, executors, administrators and assigns)
AND
Mr_______________________
Age:-____years, Occupation:- _____
Residing at:- ___________________
______________________________
(Hereinafter referred to as the ‘Purchaser of the second part’ for the sake of brevity, which expression, unless it be repugnant to the context and meaning thereof, shall mean and include his legal heirs, executors and administrators)
WHEREAS the ‘Vendor of the first part’ herein is absolutely seized and possessed of a residential Flat No._____, admeasuring about ____ square feet (Carpet) situated in the _____________Co-operative Housing Society Ltd, _______________, City/District:-_____________, which is more particularly described in the ‘Schedule of Property’ appended hereto (hereinafter referred to as the ‘Said Flat’ for the sake of brevity), the ‘Vendor of the first part’ having acquired all his rights, title and interest therein from M/s._____________________, (the Developer) vide a duly executed Agreement of Sale, which was registered in the Office of Sub-Registrar,_______ Area, vide entry at Serial No._________.
AND WHEREAS the ‘Vendor of the first part’ herein desired to sell the ‘Said Flat’ and the ‘Purchaser of the second part’ having acquired knowledge of the same approached the ‘Vendor of the first part’ with an offer to purchase the said flat;
AND WHEREAS the aforesaid offer of the ‘Purchaser of the second part’ was highest amongst all the offers received by the ‘Vendor of the first part’, the same was accepted by him and as such the ‘Vendor of the first part’ agreed to sell all his rights, title and interest in the ‘Said Flat’ in favour of the ‘Purchaser of the second part’ on the terms and conditions which are set out herein below;
THIS INDENTURE NOW WITNESSETH AS FOLLOWS:
1] The ‘Vendor of the first part’ doth hereby sell, convey and transfer the ‘Said Flat’, as more particularly described in the ‘Schedule of Property’ written hereunder, unto and in favour of the ‘Purchaser of the second part’ for a total consideration of Rs. Rs.________/- (Rupees ______________________Only).
2] The aforesaid total consideration has been paid by the ‘Purchaser of the second part’ to the ‘Vendor of the first part’ in the following manner:-
1] Rs.________/- Paid vide Cheque No._________dated __________, drawn on _____________Bank, _____________Branch.
2] Rs.________/- Paid vide Cheque No._________dated __________, drawn on _____________Bank, _____________Branch.
3] Rs.________/- Paid vide Cheque No._________dated __________, drawn on _____________Bank, _____________Branch.
The ‘Vendor of the first part’ acknowledges the receipt of the aforesaid total agreed consideration and doth hereby acquit, release and discharge the ‘Purchaser of the second part’ from the same, subject to the due realisation of the cheque mentioned at Serial No.3, which was given today.
3] The ‘Vendor of the first part’ doth hereby sell, transfer and convey all his right, title and interest in the ‘Said Flat’ unto and in favour of the ‘Purchaser of the second part’ without reserving any right of whatsoever nature with him.
4] The ‘Vendor of the first part’ has in himself good right and the absolute power to sell, transfer and convey the ‘Said Flat’ unto and in favour of the ‘Purchaser of the second part’ and the ‘Vendor of the first part’ in order to assure the Purchaser of the second part’ about soundness of his title, had given him inspection of all the documents and papers in his possession and power and presently he has deposited original copies of all such papers and documents.
5] The ‘Vendor of the first part’ has paid all taxes, dues, maintenance charges, transfer charges and other outgoings pertaining to the ‘Said Flat’ till today and If any arrears are found due in respect thereof, the ‘Vendor of the first part’ shall pay the same immediately.
6] The ‘Said Flat’ nor any part thereof is subject matter of any acquisition, requisition or reservation proceeding initiated by the Government, Semi-Government authorities or local body to the best of the knowledge and belief of the ‘Vendor of the first part’ and he has not received any notice of acquisition, requisition or reservation proceeding from any Government Department, Semi-Government authorities or local body pertaining to the ‘Said Flat’ or any part thereof.
7] The ‘Said Flat’ is free from all encumbrances and that there is no charge, mortgage, lease etc. or any other like encumbrances on the ‘Said Flat’, to the best of the knowledge and belief of the ‘Vendor of the first part’. In case the title of the ‘Vendor of the first part’ vis-a-vis the ‘Said Flat’ is found to be defective in any manner whatsoever, he shall remove the said defect immediately, at his entire risk and costs.
8] The ‘Vendor of the first part’ shall and will from time to time and at all times hereafter, do and execute or cause to be done and executed, such further and other lawful acts, deeds and things as are required for effectively conveying his right, title and interest in the ‘Said Flat’ unto the Purchaser, without claiming any additional consideration for the same.
9] The ‘Vendor of the first part’ shall indemnify the Purchaser of the second part’ against any loss and/or damage which may be occasioned to him as a result of defect in the title or want of title of the ‘Vendor of the first part’ in respect of the said flat. However, the assurance about clarity of Title and the indemnity extended to the Purchaser of the second part’ herein, starts only from the time when the ‘Vendor of the first part’ came to acquire the right, title and interest in the ‘Said Flat’. The ‘Vendor of the first part’ himself, or for that matter his legal heirs, representatives, executors, administrators or nominees are not liable and they shall not be held liable for any acts of misfeasance or illegality (if any) committed by any predecessor owners of the landed property or the concerned developer (M/s. _________) in developing the said property. Moreover, the ‘Vendor of the first part’ and his legal heirs, representatives, executors, administrators or nominees shall not be held liable for the contravention of any laws, Regulations, by-laws or Government notifications (if any), committed by the predecessor owner-in-title or the aforesaid developer in carrying out the development work. Moreover, the Purchaser of the second part’ is expressly made aware of the fact that the concerned developer (M/s._____________) is yet to execute the Conveyance Deed in favour of the concerned Housing Society.
10] The ‘Vendor of the first part’ has delivered free, vacant, actual and peaceful possession of the ‘Said Flat’ to the Purchaser of the second part’ and the latter doth hereby acknowledge the receipt thereof.
11] The ‘Vendor of the first part’ shall transfer the electricity meter of the ‘Said Flat’ in favour of the Purchaser of the second part’ and for that matter execute and present all necessary applications to the concerned authorities without demanding any additional consideration. However, the incidental expenses thereof shall be entirely borne and paid by the Purchaser of the second part’.
SCHEDULE OF PROPERTY
Residential Flat No.________, on the________ Floor in ____ Wing of ________________________________Co-operative Housing Society Ltd,________________________________________ Road, Area_______________, which society stands on Plot No. _____ admeasuring about ________ Sq.mtr out of Survey No.________, at Village/Ward_________,Tehsil______________, District/City___________________, within the limits of_______________ Municipal Corporation/Municipal Council/Special Planning Authority/Village Panchayat and which land is bounded on four sides as follows:-
On or towards East: By Survey No. ___________
On or towards South: By Plot No. _____________
On or towards West: By ____________________
On or towards North: By plot No. ______________
IN WITNESS WHEREOF the parties hereunto have set and subscribed their respective hands and seal the date, month and year first mentioned hereinabove.
SIGNED, SEALED AND DELIVERED
BY THE WITHIN NAMED VENDOR
_________________
‘Vendor of the first part’
Witness:-
Name:-
Address:-
SIGNED, SEALED AND DELIVERED
BY THE WITHIN NAMED PURCHASER
__________________
‘Purchaser of the second part’
Witness:-
Name:-__________________________
Address:-________________________
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