This Modification Deed is made and entered into at______, this______ day of___________, 20____, between ABC, a company incorporated under the Companies Act, 1956, having its registered office at______, through its duly appointed Constituted Attorney DEF, a resident of_________________ (hereinafter referred to as the ‘Original Vendor of the First Part’)
XYZ, an adult Indian, aged about_____ years, occ:-________, r/o____________ (hereinafter referred to as the ‘Original Purchaser of the Second Part’).
WHEREAS, the parties hereto are parties to an “Agreement for Sale” which was entered into by and between them on______ at_____________ , registered in the office of Sub-Registrar of Assurances__________________ on_____________, vide Sr.No._________ in Book No._______, Page No._______ (hereinafter referred to as the “Principal Agreement”) and the said “Principal Agreement” pertains to residential Flat No.______, __________ Wing, Regency View (hereinafter referred to as the “Said Flat” for the sake of brevity and more particularly described in the Schedule appended hereto).
AND WHEREAS, the ‘Original Purchaser of the Second Part’ on the strength of the “Principal Agreement” has obtained lawful possession of the “Said Flat” from the ‘Original Vendor of the First Part’ and the latter has been paid the full and final consideration amount in lieu thereof.
AND WHEREAS, in the year_____, the Municipal Corporation/Council/Board of__________ acquired for the purpose of road widening, a land admeasuring about________ sq.mt. which formed part of the original/sanctioned layout on which the Regency View building and the cluster of other buildings were to be constructed. As a result of the said acquisition, the ‘Original Vendor of the First Part’ had to modify the layout and building plan pertaining to the aforestated housing project and re-submit them to the__________________ Municipal Corporation/Council/Board for fresh sanction.
AND WHEREAS, the modified sanctioned layout and building plans necessitated several modifications which inter-alia include the change of flat numbers.
AND WHEREAS, the “Said Flat” purchased by the ‘Original Purchaser of the Second Part’ was also amongst the flats affected by the modified sanctioned plan, it entailed a change of its number from the original Flat No_____ to Flat No_____, and to effect this modification it is necessary to execute a Modification Deed, as set out hereunder.
NOW THIS MODIFICATION DEED WITNESSETH AS FOLLOWS:-
1] That both the parties hereto agree that the number of the “Said Flat” sold to the ‘Original Purchaser of the Second Part’ shall hereinafter be known as Flat No________ and in the “Principal Agreement” in place of Flat No______, wherever it occurs, it shall be substituted by Flat No_________ and to that effect the “Principal Agreement” shall stand modified and corrected.
2] That on the execution of these presents the modification shall take effect and come into force at once and thereupon all legal consequences shall ensue in respect of the said modification as if it had taken place on the date when the “Principal Agreement” was executed.
SCHEDULE OF MODIFICATION
Flat No______, modified hereunder as Flat No_____, (In Words), _______Floor, ______ Wing, Regency View Building, __________________ (Location),__________ (City/Tehsil)__________ District,_________ State.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands to this writing on the date, month and year first hereinbefore written.
Signed, Sealed and Delivered by
the withinnamed ABC,
‘Original Vendor of the First Part’
in the presence of
[Constituted Attorney of ABC,
‘Original Vendor of the First Part’]
Signed, Sealed and Delivered
by the withinnamed XYZ,
‘Original Purchaser of the Second Part’
In the presence of
[‘Original Purchaser of the Second Part’