Deed of Tenancy Transfer
This Deed of Tenancy Transfer is made and entered into at_______, this______ day of________, 20___, amongst 1] ABC, an adult Indian, aged about_______ years, occ:-________, r/o__________________ (hereinafter referred to as the ‘Landlord of the First Part’ for the sake of brevity), 2] DEF, an adult Indian, aged about________ years, occ:-_______, r/o___________________________ (hereinafter referred to as the ‘Outgoing Tenant of the Second Part’ for the sake of brevity) & 3] XYZ, an adult Indian, aged about____ years, occ:-_________, r/o_________________________ (hereinafter referred to as the ‘Incoming Tenant of the Third Part’ for the sake of brevity)
WHEREAS, the ‘Landlord of the First Part’ is absolutely seized and possessed of a building known as_____________, being and situate at____________________ (hereinafter referred to as the ‘Said Building” for the sake of brevity), which comprises in all _________ residential tenements and_________ commercial premises. The ‘Landlord of the First Part’, amongst other things also owns a residential tenement admeasuring__________ sq.ft. situate on the_________ Floor of the ‘Said Building’ (hereinafter referred to as the ‘Said Tenement’ for the sake of brevity and more particularly described in the Schedule appended hereto), which until now was in the possession and occupation of the ‘Outgoing Tenant of the Second Part’ for the residence of himself and his family as a monthly tenant of the ‘Landlord of the First Part’ and the rent receipts thereof stand in his own name.
AND WHEREAS, the ‘Outgoing Tenant of the Second Part’ has acquired a better and larger flat elsewhere and wants to relocate there with his family, he desires to surrender all his tenancy rights in the ‘Said Tenement’.
AND WHEREAS, the ‘Incoming Tenant of the Third Part’ being in the need of a suitable accommodation has approached the ‘Landlord of the First Part’ and the ‘Outgoing Tenant of the Second Part’ with an offer to acquire the tenancy rights in respect of the ‘Said Tenement’.
AND WHEREAS, both the ‘Landlord of the First Part’ and the ‘Outgoing Tenant of the Second Part’ were agreeable to this, they entered into negotiations with the ‘Incoming Tenant of the Third Part’ vis-vis-vis the transfer of tenancy rights pertaining to the ‘Said Tenement’ and the said negotiations have fructified in an agreement, the terms and conditions whereof are reduced to writing as under:-
NOW THIS DEED OF TENANCY TRANSFER WITNESSETH AS UNDER:-
1] That the ‘Incoming Tenant of the Third Part’ expresses his desire to acquire the tenancy rights in the ‘Said Tenement’ currently held by the ‘Outgoing Tenant of the Second Part’ and the Outgoing Tenant having consented to it, the ‘Landlord of the First Part’ transferred the said tenancy rights in favour of the ‘Incoming Tenant of the Third Part’ following the surrender of Tenancy rights by the ‘Outgoing Tenant of the Second Part’.
2] The ‘Landlord of the First Part’ admits the ‘Incoming Tenant of the Third Part’ as the monthly tenant of the ‘Said Tenement’ and in lieu thereof the ‘Incoming Tenant of the Third Part’ has paid a sum of Rs.________/- (Rs__________________/-only) to the ‘Landlord of the First Part’ and a sum of Rs._______/- (Rs._______________/-only) to the ‘Outgoing Tenant of the Second Part’ towards the consideration for the transfer of Tenancy rights and the ‘Landlord of the First Part’ and the ‘Outgoing Tenant of the Second Part’ acquit and discharge the ‘Incoming Tenant of the Third Part’ to that extent.
3] The ‘Landlord of the First Part’ admits the ‘Incoming Tenant of the Third Part’ as the monthly tenant of the ‘Said Tenement’ on the payment of monthly rent of Rs.________/- (Rs._______________/-only) which sum shall be paid on or before the 10th day of every month and any default in the payment of monthly rent shall be a ground for his eviction from the ‘Said Tenement’. That the ‘Incoming Tenant of the Third Part’ has paid an advance rent for the next three months aggregating to Rs._________/- (Rs.______________/-only) and the ‘Landlord of the First Part’ has passed on the rent receipts accordingly.
4] That the ‘Incoming Tenant of the Third Part’ shall be liable to pay the proportionate taxes, rates, cess and charges levied by the Government and/or Semi-Government authorities apart from the monthly rent payable as aforesaid. Furthermore, he shall be liable to pay the annual permissible increase in the rent which would accrue under the Maharashtra Rent Control Act, 1999.
5] That the ‘Incoming Tenant of the Third Part’ shall not let out or sub-let the ‘Said Tenement’ in favour of any other person, association or body of individuals.
6] That the ‘Incoming Tenant of the Third Part’ shall not store any hazardous, deleterious, noxious or explosive substances in or around the ‘Said Tenement’ and in general he shall not do any act, deed or thing which might cause annoyance, harm or injury to the neighbours or persons in the vicinity.
7] That the tenancy in respect of the ‘Said Tenement’ shall be governed by the Maharashtra Rent Control Act, 1999 and the successive Rent Acts for the time being in force and the breach of any of the conditions stipulated in such Act/s shall be a valid ground for the eviction of the ‘Incoming Tenant of the Third Part’ from the ‘Said Tenement’.
8] That the ‘Outgoing Tenant of the Second Part’ has handed over vacant & peaceful possession of the ‘Said Tenement’ to the ‘Incoming Tenant of the Third Part’ and the ‘Outgoing Tenant’ hereby assures the ‘Incoming Tenant’ that the ‘Said Tenement’ or any part thereof is not held under any encumbrance, charge or lien of any kind and the “Landlord of the First Part’ on his part assures the ‘Incoming Tenant’ that all the rents, rates, cess and taxes in respect of the ‘Said Tenement’ have been paid upto date by the ‘Outgoing Tenant of the Second Part’ and the ‘Incoming Tenant of the Third Part’ shall be liable to pay the rent and other outgoings from the date of these presents.
9] That the ‘Outgoing Tenant of the Second Part’ hereby agrees to execute all necessary documents, applications and forms as may be necessary for effectuating the transfer of tenancy rights and for the transfer of Electric & Water Meter as well as Gas connection etc.
10] That the ‘Incoming Tenant of the Third Part’ has borne all the expenses incurred in preparing this Deed as well as stamp duty and registration fees.
SCHEDULE OF PROPERTY
Building
A Building known as________________, being and situate at CS/CSN/CTS No.____________ of the revenue village/city_____________, Tehsil_____, District_______________, comprising in all__________ residential tenements and____________ commercial tenements with floor area aggregating to________ sq.mts.
Tenement
A residential tenement admeasuring about____________ sq.mts/ft (carpet), being Tenement No._______ on__________ floor of_______________ Building as described above.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands to this writing on the day, month and year first herein above written.
Signed, Sealed & Delivered
by ABC, the withinnamed
‘Landlord of First Part’
in the presence of
Witness:-
Name:-_____________
Address:-___________
ABC
‘Landlord of the First Part’
Signed, Sealed & Delivered
by DEF, the withinnamed
‘Outgoing Tenant of the Second Part’
in the presence of
Witness:-
Name:-_____________
Address:-___________
DEF
‘Outgoing Tenant of the Second Part’
Signed, Sealed & Delivered
by XYZ, the withinnamed
‘Incoming Tenant of the Third Part’
in the presence of
Witness:-
Name:-_____________
Address:-___________
XYZ
‘Incoming Tenant of the Third Part’
*********