Deed of Surrender of Tenancy
This Deed of surrender of Tenancy is made and entered into at________, this____ day of________, 20___, between ABC, an adult Indian, aged about_______ years, occ:-_________, resident of________________________ (hereinafter referred to as the ‘Tenant of the First Part’ for the sake of brevity) and M/s. DEF Realtors Pvt. Ltd, a realty company incorporated under the Companies Act, 1956, having its registered office at__________________, through its duly constituted Power of Attorney Holder XYZ (hereinafter referred to as the ‘Landlord of the Second Part’ for the sake of brevity).
AND WHEREAS, the ‘Landlord of the Second Part’ is an incorporated company carrying on the business of real estate development, construction and sale, and is fully seized and possessed of a chawl known as ‘___________________Chawl’ being and situate at________________________, comprising ground + two storeys with___ residential and____ commercial tenements of varying sizes (hereinafter for the sake of brevity, referred to as the ‘Said Chawl’), which the ‘Landlord of Second Part’ had purchased in___ from the predecessor Landlord Shri.____________________.
AND WHEREAS, the ‘Said Chawl’ inter-alia consists of a residential tenement being Tenement No._______, ____ Floor, ___ Wing comprising two rooms with the aggregate carpet area of_____ sq.ft (with an attached bathroom and sink, but no separate privy), (hereinafter referred to as the ‘Said Tenement’ for the sake of brevity) which was used and occupied by the ‘Tenant of the First Part’ as the lawful monthly tenant of the ‘Landlord of the Second Part’ and the same is being used for the residential purpose only.
AND WHEREAS, the ‘Tenant of the First Part’ has acquired a better accommodation elsewhere, he desired to relocate there with his family and as such he/she made an offer about the surrender of the ‘Said Tenement’ to the ‘Landlord of the Second Part’.
AND WHEREAS, the ‘Landlord of the Second Part’ was agreeable to the above offer, he entered into negotiations with the ‘Tenant of the First Part’ and arrived at certain mutually agreeable terms and conditions which are reduced to writing as hereunder—
Now This Deed of Surrender of Tenancy witnesseth as under:-
1] The ‘Tenant of the First Part’ hereby absolutely and unconditionally surrenders all his/her tenancy rights as well as other ancillary occupational rights in respect of the ‘Said Tenement’ to the ‘Landlord of the Second Part’ with effect from the date of the execution of these presents.
2] The ‘Landlord of the Second Part’ in consideration of the aforesaid surrender, has paid the ‘Tenant of the First Part’ a sum of Rs__________/- (Rs._____________________/-only) in full & final settlement of the latter’s claims in and over the ‘Said Tenement’ and the ‘Tenant of the First Part’ acknowledges the said payment and acquits the ‘Landlord of the Second Part’ to that extent.
3] The ‘Tenant of the First Part’ assures the ‘Landlord of the Second Part’ that he has not let-out or sub-let the ‘Said Tenement’ to any other person nor has he created any kind of adverse interest or encumbrance in/or over the ‘Said Tenement’ which could prevent him from executing the present Deed.
4] The ‘Tenant of the First Part’ for himself and his family members hereby indemnifies and keeps indemnified the ‘Landlord of the Second Part’ against loss, injury or damages that might occasion to it in the event of any adverse claim being set up against it by any person whatsoever, arising out of and touching upon the ‘Said Tenement’.
5] The ‘Tenant of the First Part’ has handed over the vacant and peaceful possession of the ‘Said Tenement’ to the ‘Landlord of the Second Part’ and the latter on his part acknowledges the same.
SCHEDULE OF PROPERTY
CHAWL
A chawl known as________________ Chawl, being and situate at C.S/C.S.N/C.T.S No._____________, of the revenue village/city_____________, Tehsil_________, District_____________, comprising in all____ residential tenements and_____ commercial tenements with floor area aggregating to___________ sq.mt.
TENEMENT
A residential tenement admeasuring about_______ sq.mt./feet (Carpet), bearing Tenement No._________ on__________ Floor,__________ Wing of the Chawl ___________________________ as described above.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands to this writing the day, month and year, first hereinabove written.
Signed, Sealed and Delivered by
the Withinnamed ABC,
the ‘Tenant of the First Part’ in
the presence of
Witness:-
Name:_______________
Address:-_____________
ABC
Tenant of the First Part
Signed, Sealed and Delivered by
the Withinnamed DEF Realtors Pvt Ltd,
the ‘Landlord of the Second Part’
through its Power of Attorney Holder
XYZ in the presence of
Witness:-
Name:_______________
Address:-_____________
XYZ
Power of Attorney Holder
of DEF Realtors Pvt. Ltd
Landlord of Second Part
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