DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. keralarealinfo.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
THIS
AGREEMENT is made at (city) on the __ day of ______ One Thousand Nine
Hundred Ninety Nine Between ___________________________, of (city),
Indian Inhabitant, residing at ________________________________,
hereinafter called "The Vendor" (which expression
shall unless it be repugnant to the context or meaning thereof shall
mean and include his heirs, legal representatives, executors and
administrators) of the One Part And ________________________, of
(city), Indian Inhabitant, residing at __________________________
hereinafter called "The Purchaser" (which expression
shall unless it be repugnant to the context or meaning thereof shall
mean and include his heirs, legal representatives, executors,
administrators and assigns) of the Other Part;
WHEREAS
the Vendor is the owner of flat No.__, admeasuring about _____ square
feet on ___floor of building known as "_________" (hereinafter referred
to as "the said Building") belonging to
______________ Co-operative Housing Society Limited situated at
_______________________ (hereinafter referred to as "the said Flat" and which is more particularly deshereinaterribed in the schedule to
this agreement;)member of ______________________ Co-operative Housing
Society Limited, registered under Serial No._________ of _____
(hereinafter referred to as "the said Society") and
as a member as the owner of the said flat in the Society he was
allotted five fully-paid-up shares of the said Society of the face
value of Rs.50/- (Rupees Fifty Only) each bearing distinctive
Nos._________ to ____________ (both inclusive) under share certificate No.___ (hereinafter referred to as "the said Shares") ;
AND WHEREAS the Vendor is now absolutely seized and possessed of and is
otherwise well and sufficiently entitled to the said Flat in the said
Building of the said Society;
AND
WHEREAS the Vendor herein has agreed to transfer and the Purchaser has
agreed to acquire all right, title and interest of the Vendor in the
said Flat and the said Shares with all legal consequences including the
right of occupation of the said Flat in the said building of the said
Society including his right, title and interest in the said Flat for a
total consideration of Rs. ________ /- (Rupees ______________________
only);
AND WHEREAS the Parties hereto
have agreed to reduce into writing the Terms and Conditions on which
the Vendor has agreed to transfer and the Purchaser has agreed to
purchase and acquire the right, title and interest of the Vendor in the
said Flat including the entire interest of the Vendor in the said
Society;
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: dee
The
Vendor doth hereby agree to transfer unto the Purchaser and the
Purchaser doth hereby agree to purchase and acquire all the right,
title and interest of the Vendor in the said Society including the said
Flat admeasuring about _____ Square Feet of built up area on the ____
floor of the building known as ____________________ belonging to the
___________________ Co-operative Housing Society Limited situated at
_________________________, together with the said Shares bearing
distinctive Nos.________ to _______ (both inclusive) allotted
under share certificate No.______ and all the right of the Vendor as to
the use, occupation and enjoyment and ownership of the said Flat
together with all rights, title and interest of the Vendor in the said
Society for a total consideration of Rs.________ /- (Rupees
__________________ _______ only) to be paid by the Purchaser to the
Vendor in the manner hereinafter mentioned.
The said consideration will be paid by the Purchaser to the Vendor as follows: that is to say:
Rs.
________ /- (Rupees_________________________ only) paid on or before
execution of this agreement as Earnest Money or Deposit (the payment
and receipt whereof the Vendor doth hereby admit and acknowledge and
acquit, release and discharge the Purchaser from the payment and
receipt thereof and every part thereof);
the
Balance consideration of Rs. ________ /- (Rupees ______________________
only) will be paid on or before ____________ and against the
delivery of vacant and peaceful possession of the said Flat by the
Vendor to the Purchaser.
It
is agreed that in the event of any delay or default by the Purchaser in
making payment of the balance consideration on the due date, the Vendor
shall be entitled to give seven days notice in writing to the Purchaser
making time the essence of the contract and if the Purchaser fails to
make payment within such notice period, then and in that event this
Agreement shall be terminated and the Vendor shall be entitled to
forfeit the earnest money of Rs.__________ /- Rupees
__________________________ only) paid by the Purchaser on the execution
hereof..
It
is agreed between the parties that if there is any delay or default on
the part of the Vendor in performing his part of the contract then the
Purchaser shall be entitled to specific performance of this Agreement
together with right to claim costs, charges and expenses and losses
from the Vendor.
The
Vendor doth hereby declare and convenant with the Purchaser that the
said Flat is free from all encumbrances of any nature whatsoever and
that the Vendor has full right, title and interest in the said Flat and
has full right and authority to assign and transfer his entire interest
in the said Society including the said Flat and the said Shares to the
Purchaser.
The Vendor has represented to the Purchaser :-
that the Vendor has paid all the dues and outgoings in respect of the said Flat up-to-date.
that the said Flat is free from all encumbrances.
that
the said Flat belongs to the Vendor absolutely and that no other person
or persons have any right, title or interest whatsoever therein by way
of sale, gift, exchange, inheritance, lease, lien or otherwise in the
said shares / said flat.
that
notwithstanding anything herein contained, any act, deed, matter or
thing of whatsoever nature done by the Vendor or any person or persons
lawfully or equitably claiming by from through or in trust for Him, the
Vendor has himself full right, power and absolute authority to sell or
transfer to the Purchaser the said Flat and his right, title and
interest in the said Society and that the Vendor has not done or
committed or omitted to do any act, deed, matter or thing whereby the
ownership, possession and/or occupation of the said Flat by the Vendor
may be rendered illegal and/or unauthorised for any reason or on any
account.
that
the Vendor shall obtain the necessary No Objection Certificate from the
said Society for transfer, sale of the interest of the Vendor in the
said Society, as well as the right, title and interest of the Vendor in
the said Flat as herein contained to the Purchaser and also to the
admission of the Purchaser to the membership of the said Society in
place and instead of the Vendor when the sale herein is completed by
delivering the vacant and peaceful possession of the said flat to the
Purchaser.
that
on payment of the full purchase price herein reserved, the Purchaser
shall be entitled to the vacant and peaceful possession of the said
Flat.
The
Vendor doth hereby agree to sign and execute any deed or writing as
well as all other papers and documents as may be required by the
Purchaser for transferring the said Flat and the said shares to the
name of the Purchaser in pursuance of this Agreement.
The
Purchaser doth hereby covenant with the Vendor that he shall always
abide by the Rules, Regulations and By-laws of the said Society and
shall pay the municipal taxes and maintenance charges in respect of the
said Flat from the day the Vendor delivers possession of the said Flat
to the Purchaser. It is specifically agreed by and between the parties
that till the said Flat is transferred in the name of the Purchaser,
the Purchaser shall not be liable to pay any maintenance charges in
respect of the said Flat to the said Society and the same shall be
borne by the Vendor.
That
the Vendor declares that his Membership of the said Society is
subsisting and is in full force and has not been terminated.
The
Vendor has represented to the Purchaser that the total transfer fee /
transfer premium / donation payable to the said Society for transfer of
the said flat / said shares of the said society in the name of the
Purchaser shall be borne and paid by both the parties in equal
proportion.
It
is agreed between the Vendor and the Purchaser that the expenses for
stamp duty on these presents or on final sale deed / transfer deed and
registration charges in respect of this transfer shall be borne and
paid by the Purchaser alone and the Vendor shall not be liable to pay
the same or any part thereof. However, the stamp duty or duties in
respect of all previous transfers in respect of the said flat shall be
the responsibility of the Vendor.
The
Vendor doth hereby undertake to hand over all the documents including
share certificate, receipts, papers concerning the said Flat to the
Purchaser against the receipt of the balance consideration of Rs.
_________ /- (Rupees ________________________ only).
The
Vendor doth hereby undertake to do and to execute all acts, deeds,
matters and things as are or may be necessary, proper or expedient for
the purpose of fully and effectually transferring the said Flat and the
said Shares of the said Society to and in favour of the Purchaser in
the record of the said Society to enable the Purchaser to have and to
hold the said Flat and the said Shares absolutely.
IN
WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands and on the day and the year first hereinabove
stated.
SIGNED AND DELIVERED by the within named "Vendor" Shri ____________________________
in the presence of:
1.
2.
SIGNED AND DELIVERED by the withinnamed "Purchaser" Shri ___________________________
in the presence of:
1.
2.
Received of and from the withinnamed Purchaser a sum of Rs. ________/-
(Rupees _____________ only) as earnest money for the transfer of the
Rs._____________/= said Flat/said Shares to be paid by him to me as
withinmentioned.
WITNESSES I
say Received
1.
2.
Vendor Schedule of Property
Legal Documents
DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. keralarealinfo.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
THIS
AGREEMENT OF LEAVE & LICENCE is made and entered into at (city) on
the __ day of ______ Two Thousand Between ___________________________,
of (city), Adult Indian Inhabitant, residing at
________________________________, hereinafter called the LICENSOR
(Which expression unless be repugnant to the context or meaning thereof
be deemed to include his heirs, executors, administrators and assigns)
of the ONE PART.
And
Adult Indian Inhabitant, residing at ________________________________,
hereinafter called the LICENSEE (Which expression unless be repugnant
to the context or meaning thereof be deemed to include his heirs,
executors, administrators and assigns) of the OTHER PART.;
WHEREAS the LICENSOR is the exclusive owner and is seized and possessed
of the Shop/Flat/Gala No………….in
building____________known__________________as
at____________,________________admeasuring about______sq.ft.
hereinafter referred to as the 'SAID FLAT/SHOP/GALA' for the brevity's
sake.
AND WHEREAS THE LICENSEE has approached the
licensor to give the said FLAT/SHOP/GALA to the licensee on temporary
basis on leave and licence basis for a period of eleven months from
……….(date) on terms and conditions hereinafter appearing;
NOW THIS AGREEMENT WINESSETH AS UNDER
COMMENCEMENT
1.
The parties of the First Part hereby state and declare that he has
allowed the party of the other part to use the said FLAT/SHOP/GALA
premises with effect from…….(date) for a period of eleven months on
Leave and Licence basis.
PERIOD
2. The party of the other part has agreed to occupy and use the said
FLAT/SHOP/GALA premises for a period of eleven months purely on leave
and licence basis commencing on…………(date) and expiring………(date)
DAMAGE & BROKERAGE
3.
The Licensee shall keep the said FLAT/SHOP/GALA in good condition and
if any damages, breakages are caused to the said FLAT/SHOP/GALA, the
licensee shall make good the loss caused to the Licensor on account of
such damages and breakages.
COMPENSATION / RENT
4.
The Licence shall pay Rs………………/- (Rupees……………………………) per month
compensation/rent for the use of the said FLAT/SHOP/GALA premises on or
before 10th of every month and if failed owner has right to cancel the
agreement.
5. The licensee shall keep the said
FLAT/SHOP/GALA premises in good conditions and shall nor cause any
nuisance and shall refrain from doing any day or night any act which
might be objectionable to the owner or the neighbours and for this
purpose the Licensor shall have right to enter and inspect the premises
at any time proper and suitable to him.
6. The
licensee shall not keep, permit or allow any one else to use the said
FLAT/SHOP/GALA or grant licence to use and occupy or subtle nor shall
transfer or assigns the benefits of this agreement to any persons.
7.
The licensee shall not carry any illegal business or activities nor
shall store any prohibited articles or commodities which could cause
damage to the FLAT/SHOP/GALA premises and shall observe strictly the
rules and regulation of the Municipal, Grampanchayat, Police Department.
8. The licence shall be automatically terminated immediately after
eleven months and immediately after that the licensee shall handover
peaceful and vacant possession of said FLAT/SHOP/GALA to the licensor.
9. The Licensor shall have right of re-entry on breach of any of the terms and conditions on the part of Licensee.
10. The Licensors and the Licensee hereby covenant each other that
either of the party of this agreement earlier than the date stipulated
hereinabove, the desiring party of this agreement shall give one month
notice in writing to the other party of such intention and accordingly
the said agreement shall remain terminated on expiry of the notice
period.
RENEWAL
AND WHEREAS
the parties hereto have an option to renew THIS AGREEMENT / AGREEMENT
for further period………..months from the day of …..to the …….day of………..,
both days inclusive on the same terms and conditions of THIS AGREEMENT,
except for this provision of further renewal, and provided the LICENSEE
agrees to increase the MONTHLY LICENCE / COMPENSATION to Rs…………………………(
Rupees…………………………………………………………..only ) (TIME BEING THE ESSENCE OF THIS
CONTRACT)
11. That on completion of THIS AGREEMENT
period or earlier termination thereof, as the case may be, as herein
provided, the LICENCE shall receive, from LICENSORS, collectively or
either of them, the balance amount or complete amount of SECURITY
DEPOSIT (as the case may be) after deductions of monthly
COMPENSATION/LICENCE - FEE, if any due, as also all the arrears of
charges due as per clause No.3 (three) hereinabove, and monetory loss,
if any, suffered by the LICENSORS, by reason of the operation (by the
LICENSEE) of THIS AGREEMENT OF LEAVE LICENCE, besides the loss in terms
of money, suffered by the LICENSORS on account of damage to the PORTION
or the PREMISES, and / or fittings/fixtures therein.
12. That in case the LICENSEE shall be liable to pay the
COMPENSATION/LICENSEE FEE for the entire period of 11 (eleven) months,
or the entire renewal period, as the case may be, of the use/occupation
if the PORTION, even though he might vacate the PORTION, earlier, on
his own initiative.
13. That in case the LICENSEE
commits default in payment of the monthly for two consecutive months,
or commits breach of any of the terms/conditions/covenants of THIS
AGREEMENT OF LEAVE AND LICENCE subject to clauses Nos. (5) and (6)
herein, without having to refer the matter to any court of law, or the
said SOCIETY.
14. That at all times, the OWNERSHIP
and LEGAL POSSESSION AND OCCUPATION of the PORTION and the PREMISES
shall be that of the LICENSORS, collectively, only and the LICENSEE
shall use and occupy the PORTION as LICENSEE only, and shall not claim
any interest of any nature whatsoever in the said PORTION or the
PREMISES, and that nothing in THIS AGREEMENT shall be construed to be a
demise at law in respect of the PORTION or the PREMISES or to confer
the LICENSEE any right of tenency/sub-tenency/lease/sub-lease, etc., in
respect of the PORTION or the PREMISES.
15. That
the LICENSEE shall, on expiry of the period of THIS AGREEMENT or the
RENEWAL PERIOD, as the case may be or on earlier revocation, and /or
vacation, of said premises, as herein provided, remove himself together
with all his articles/things and hand over the occupation of the
licensors, collectively or either of them, peacefully, and without any
let/hindrance, in good order and condition normal wear and tear
expected.
16. That the LICENSORS and/or their
respective authorized agent/s shall have the right to visit/enter the
PREMISES for bonafide inspection purposes, at all reasonable times,
between sunrise and sunset times, only.
17. That
the LICENSEE hereby confirm that the PORTION shall be occupied by him
(LICENSEE) on "AS-IS-WHERE-IS" basis, and that, therefore, any relevant
laws/rules to the contrary notwithstanding, he (LICENSEE) shall not
during the period of THIS LICENCE, or thereafter, demand or required by
the LICENSORS any payment for any
additions/alterations/repairs/renovations, of the PORTION or the
PREMISES, which, if required by the LICENSEE, shall be carried out by
the LICENSEE at his own cost, subject to obtaining prior permission
from the LICENSORS, subject to the LICENSEE procuring required
permission from the concerned SOCIETY and all other concerned
authorities/institutions.
18. That the LICENSEE doth hereby agree/undertake that he, his family members, staff, visitors, shall:-
19. (a) Take all reasonable care of, all and singular, the PORTION and
the PREMISES, and shall indemnify the LICENSORS from and against any
damage/loss (other than by ordinary wear and tear) by reason of normal
use/occupation thereof, and he shall not do any actor thing do any
actor thing which may cause harm/damage to the PORTION or the PREMISES,
and/or to the fixtures/fittings in the PORTION and the PREMISES, and
shall take proper care of the same as he would take in case of his own
property and belongings, and shall always keep the PORTION and the
PREMISES in a clean/habitable decent/sanitary condition, free from
waste/rubbish.
(b) Not do/cause/suffer to be done,
any act/deed, in or about PORTION or the PREMISES which is
illegal/improper/indecent/ immortal or which may expose the LICENSORS
to any damage/loss/harm, due to any legal/Government /Society's action,
or any action by the person/s so affected, and shall not
disturb/injure/damage/remove/shift/displace/misplaced, or cause to be
displaced/distured/injureed/removed/shifted/misplaced, any of the
fixtures/fittings provided in the PORTION/PREMISES.
(c)
Observe all the rules/regulations, now in force, or as may be imposed
hereafter by the concerned SOCIETY / association/government/ Municipal
authorities, in respect of his use/occupation of the PORTION, from time
to time.
``
21. That
THIS AGREEMENT shall be governed by (a) Indian Contract Act, 1882, and
(b) the LICENSEE specifically agrees to be bound by Section No 24. Of
the Bombay Rent Act, 1999 as at present in force, and shall not be
affected to the prejudice of the LICENSORS by any change in the said
provisions of relevant law (which might be adverse to the interest of
the LICENSOR) viz. Section No 24 of the said RENT ACT, which reads as
follows:-
22. "(a) Not withstanding anything
contained in THIS Act, a LICENSEE in possession or occupation of
PREMISES give to him on LICENCE FOR RESIDENCE, shall deliver possession
of such PREMISES to the LANDLORD on expiry of the period of LICENCE.
"AND
on the failure of the LICENSEE to so deliver the possession of the
LICENCED PREMISES, a LANDLORD shall be entitled to recover possession
of such PREMISES from a LICENCE, by making an application to the
COMPETENT AUTHORITY.
"AND THE COMPETENT AUTHORITY,
on being satisfied that the period of LICENCE has expired, shall pass
as order for eviction of the LICENSEE.
"Any
LICENSEE who does not deliver possession of the PREMISES to the
LANDLORD on expiry of the period of LICENCE, and continues to be in
possession of the LICENCED PREMISES, till he is dispossessed by the
COMPETENT AUTHORITY, shall be liable to pay damages at double the rate
of the LICENSEE - FEE or CHARGE of the PREMISES fixed under the
AGREEMENT OF LICENCE.
"THE COMPETENT AUTHORITY
shall not entertain any claim of whatever nature from any other person
who is not a LICENSEE according to the AGREEMENT OF LICENSEE.
"Explanation - for the purpose of this SECTION
(a) The expression "LANDLORD" does not include a tenant, or a sub-tenant, who has given premises on LICENCE.
(b) An AGREEMENT OF LICENCE in writing shall be conclusive evidence of the fact therein."
23. That under the provision of aforesaid clause No. (13) (a) (2) of
the said RENT ACT, the said LICENSORS enhanced charge of
Rs………….(Rupees…………………Only) per month, if he fails to vacate the
PREMISES on or before the 30th day of ……….., or the renewal period
expiring on the 31st day of ………, as the case may be, and shall he also
liable for prosecution under the aforesaid provision of the BOMBAY RENT
ACT, 1+ 947, at the cost and consequences of the said LICENSEE."
IN WITNESS WHEREOF, THE PARTIES TO HAVE HEREUNTO SET AND SUBSCRIBED
THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR FIRST HEREIN ABOVE
WRITTEN,
Name / Address of the witness are the same as Given above.
Legal Documents
DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. keralarealinfo.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
ARTICLES
OF AGREEMENT made at Bombay this _____ day of __________, 20__ between
(1) ____________ and (2) _________________ both of (city) Inhabitants
hereinafter called "the Owners" (which expression shall unless it be
repugnant to the context or meaning thereof, be deemed to include their
respective heirs, executors and administrators) of the One Part and
_______________________ of Bombay Indian Inhabitant carrying on
business at _____________________________ hereinafter called "the
Developer" (which expression shall, unless it be repugnant to the
context or meaning thereon be deemed to include his heirs, executors,
administrators and assigns) of the Other Part:
Whereas the Owners are absolutely seized and possessed of or otherwise well and
sufficiently entitled to all those pieces or parcels of land or ground
situate lying and being at Bombay in the registration District and
sub-District of Bombay City and Bombay Suburban admeasuring -- square
metres or thereabouts and more particularly described in the Schedule
hereunder written (hereinafter for the sake of brevity referred to as
"the said property");
Andwhereas the said property is vacant save and except a portion thereof which is
presently occupied and encroached upon by some unauthorised occupants
or trespassers who have constructed some unauthorised structures/huts
thereon and of which fact the Developer is aware, he having inspected
the said property prior to the execution of these presents;
Andwhereas The Owners have represented to the Developer that a portion of the said
property is under reservation under the sanctioned development plan and
another portion of the said property is reserved under the draft
Development plan and of which fact the Developer is fully aware;
Andwhereas All of the said property has been declared to the surplus vacant land
by the Competent Authority under the provisions of the Urban Land
(Ceiling and Regulation) Act, 1976;
Andwhereas The Owners have agreed to grant to the Developer and the Developer has
agreed to accept from the Owners exclusive rights of development of the
said property upon the terms and subject to the conditions herein
recorded.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:
The
Owners hereby grant exclusive right to the Developers of development of
the said property on what is known as "as is where is basis" and the
Developer accepts the same for the consideration and subject to the
terms and conditions herein provided.
It
is specifically agreed that the Owners shall through the Developers'
Architects submit plans for sanctioning of lay out for construction of
buildings and/or other structures on the said property or any part or
portion thereof.
The
said plans shall be prepared by the Architects of the Developer and at
the costs of the Developer and the Owners shall submit only such plans
as are prepared by the Developer through their Architects and copy of
the finally approved plan shall be given to the Owners.
Soon
after the execution of this agreement, if so required, the Owners shall
execute a Power of Attorney in favour of the Developer or any other
person nominated by the Developer to approach all public authorities
and to submit and obtain sanction of plans of lay-out and the buildings
and structure/s to be constructed on the said property or any portion
thereof from the Municipal Corporation of Greater Bombay and all other
concerned authorities.
The
Developer is aware that certain portions of the said property are under
reservation under the sanctioned development plan. It is agreed that
the Owners shall under no circumstances be liable to remove the said
reservations nor shall the Developer be entitled to any reduction in
the consideration payable hereunder on account of the said
reservations. However, the Owner shall sign all applications, papers,
writings, etc. as may be required by the Developer the purpose of
removing such reservations.
In
consideration of the Owners granting exclusive rights of development to
the Developer under this Agreement, the Developer shall pay to the
Owners a minimum consideration of Rs. ____________/- (Rupees
________________ ______________________ only) (hereinafter called "the
minimum consideration") or an amount calculated at the rate of Rs.50/-
per square foot of the F.S.I. which may be sanctioned by the Municipal
Corporation of Greater Bombay, whichever is higher and the said total
consideration amount shall be paid in the manner following:
Rs.
____________/- (Rupees ______________________ ____________ only) on the
execution hereof being the earnest money or deposit (receipt of which
sum the Owners do hereby admit and acknowledge).
Rs.
____________/- (Rupees _____________________ _____________ only) being
the balance consideration which shall be paid by the Developer to the
Owners on the compliance of the following:
The Owners making out the marketable title to the said property free from all encumbrances and reasonable doubts.
The Appropriate Authority issuing its NOC under Section 269 UL(3) of the Income-tax Act, 1961.
The Owners handing over complete vacant possession of the said property to the Developers under an irrevocable license.
Developer
the owners giving irrevocable right to construct buildings on their own
account and with right to sell the units in the said building/s to the
prospective purchasers, on ownership basis or otherwise and to
appropriate the Sale Proceeds to themselves although formal possession
of the property shall be handed over to the Developer on execution of
the Conveyance.
Notwithstanding
anything contained in the preceding clause it is specifically agreed by
and between the parties hereto that after execution hereof the
Developer shall be entitled to put up fencing around the said property
or any portion or portions thereof, for the purposes of preventing
further encroachments but subject to the existing encroachments, and
shall also be entitled to put up fencing around the portions of the
property in occupation of the unauthorised occupation as hereinabove
provided. The Developer shall also make arrangements for guarding the
said property and preventing any further encumbrance or encroachment by
trespassers or unauthorised persons upon the said property or any part
or portions thereof. All costs, charges and expenses in respect of the
above shall be borne and paid by the Developer alone. The Owners shall
not be liable to remove and/or vacate the encroachments or unauthorised
occupants who are already occupying portions of the said property nor
shall they be liable in respect of any further encroachment or
unauthorised occupation on the said property.
As
from the date hereof, the Developer shall be solely entitled at his own
risk to deal and/or negotiate with the unauthorised occupants and/or
trespassers on the said property and to take any proceedings against
them and/or to arrive at any arrangement or agreement with them at the
costs, charges and expenses of the Developer alone. However, the Owners
shall empower and authorise the Developer and/or his nominees under the
Power of Attorney to be executed as aforesaid to effectively deal
and/or negotiate with the trespassers or unauthorised occupants and to
receive the possession of the respective area occupied by such
trespassers or unauthorised occupants subject to the consideration
having been paid to the Owners for the said property as mentioned
hereinabove. The Developer shall also be entitled to hand over, on
behalf of the Owners, any area of the said property, which falls under
reservation and/or set-back and/or requisition or acquisition to the
relevant authorities in the event the same becomes necessary on
receiving proper notice from the authorities and for that purpose, the
Owners shall grant suitable powers and authorities in the said Power of
Attorney to be granted to the Developer and/or his nominee.
The Owners declare that:
The
Owners are the absolute owners of the said property described in the
Schedule hereunder written which is also shown on the plan hereto
annexed and marked "A" and thereon shown surrounded by a red coloured
boundary line and that the said property is vacant save and except the
portions thereof, which are at present occupied and/or encroached upon
by the unauthorised occupants and portions whereof are under
reservations as aforesaid.
Subject
to the Competent Authority granting permission and/or sanction under
the provisions of the said ULC Act, the Owners have good right, full
power and absolute authority to grant exclusive rights to develop the
said property described in the Schedule hereunder written to the
Developer and the Developer shall be entitled to develop the said
property subject to the terms and conditions herein contained.
They
have not created prior to the date hereof nor shall they create
hereafter during the pendency of the Agreement any right or encumbrance
of any nature whatsoever in respect of the said property or any part
thereof.
Simultaneously
with the execution hereof, the Owners shall deposit all the title deeds
relating to the said property described in the Schedule hereunder
written with their Advocates until the completion of the transaction
herein. The said Advocates shall after examining the title as mentioned
in the previous clause, send, against an accountable receipt all the
title deeds to the said Advocates of the Developer for perusal, as and
when required by the said Advocates. On the completion of the
transaction herein the Owners through their said Advocates hand over to
the Developer all the said title deeds against an ordinary receipt.
Upon
the Competent Authority under ULC Act granting the requisite permission
and/or sanction for the development of the said property and on
sanction of the plans by the Municipal Corporation of Greater Bombay
and all other concerned authorities as aforesaid the Developers shall
after full payment of the consideration amount to the Owners be
entitled to commence construction on the said property, for which
license to enter upon would be given by the Owners to the Developer
pursuant to this Agreement. The development to be carried out by the
Developer shall be in accordance with the permissions granted by the
Competent Authority under said ULC Act and shall also be in accordance
with the sanctioned plans. The Developer shall also be entitled in his
own right to enter into agreements on what is popularly called
Ownership basis or otherwise and/or arrangements with any person or
persons of their choice for the purpose of selling, allotting, and/or
transferring any of the flats/shops/ premises/garages/units, etc. to be
constructed by the Developer on the said property or any portions
thereof in accordance with the terms and conditions laid down by the
Competent Authority and in the sanctioned plans and to receive and
appropriate the consideration payable in respect thereof and/or any
part thereof for their own benefit and use. Such agreements and/or
arrangements shall be entered into by the Developer in his own name and
at his own costs and risk and no risk or liability of any kind shall be
incurred by the Owners in any manner.
After
the receipt of the full consideration by the Owners from the
Developers, the Owners shall execute one or more Deeds of Conveyance as
may be desired by the Developers but at the costs and expenses in all
respects being borne and paid by the Developer including stamp duty and
registration charges, in respect of the said property or portions
thereof, as the case may be, in favour of a Co-operative Society or
Societies or Association of persons or other body Corporate who have
agreed to acquire flats/shops/garages/premises/units etc. from the
Developer.
On
receipt of the full consideration amount by the Owners, if for any
reason the Developers do not desire to obtain the Conveyance of the
said property, then the Owners shall, at the request of the Developers,
simultaneously with the payment of the said balance amount, execute an
irrevocable Power of Attorney in favour of the Developer and/or his
nominees or nominee or representatives empowering and authorising the
said Attorneys, inter alia, to execute one or more Deeds of Conveyance
in respect of the said property or any portions thereof in favour of
the Developer or in favour of Co-operative Society or Societies or
association/s of persons to be formed and/or incorporated and/or
nominated by the Developer herein. No further consideration shall be
required to be paid by the Developer to the Owner for execution of such
Deed or Deeds of Conveyance.
Prior
to the execution of one or more Deeds of Conveyance in respect of the
said property or any portions thereof in the manner mentioned herein,
the Owners shall produce the requisite Certificate under the provisions
of Section 230A of the Income-tax 1961 for effectively vesting the said
property in favour of the Developer or in favour of the person or
persons nominated by the Developer. It is further agreed that in the
event the said Deed or Deeds of Conveyance or any of them are not
executed at the time of payment of the balance consideration amount an
amount representing 10% of the total consideration amount shall be
retained by the Owner's Advocates until the production of the said
Certificate/s under the provisions of Section 230A of the Income-tax
Act.
The
Owner shall pay and discharge all assessments, outgoings, taxes, etc.
payable in respect of the said property upto the date the possession of
the said property is handed over by them to the Developer. Thereafter,
the same shall be paid and borne by the Developer alone. The Developer
shall pay and discharge all outgoings, assessments, taxes, etc. for the
entire property after possession of the same whether whole or in part
is handed over to the Developer. If necessary, the same shall be
apportioned between the parties hereto.
The
Owner declares that no notice of acquisition or requisition issued by
the Municipal Corporation of Greater Bombay or under the Epidemic
Diseases Act or any other statute has been served upon them or anyone
on their behalf. If however, any notice or requisition of the Municipal
Corporation or other public body is issued in respect of the said
property after the date of execution of these presents but before the
completion of the transaction the Owners shall comply with the same at
their costs and expenses. The Owners hereby declare that at present no
notice or requisition has been served by the Government of Maharashtra
or Municipal Corporation of Greater Bombay for requisition or
acquisition or set-back in respect of the said property or any part
thereof and that so far as they are aware no such requisition or
acquisition or set-back is contemplated. Provided always that if the
Owners have concealed any such notice issued, inter alia, under any of
the Acts as aforesaid, the Developer will be entitled to cancel this
Agreement and on such cancellation to receive forthwith the earnest
money and all other payments made, if any.
All
disputes and differences that may arise between the parties hereto
relating to or in connection with the matter of this agreement or
between the parties or their representatives shall be referred to the
sole and final arbitration of Mr. _______________ or failing him Mr.
____________ as the sole Arbitrator whose decision shall be final and
binding on both the parties. The Arbitrator shall have summary powers.
All
out-of-pocket expenses of and incidental to this agreement including
the expenses for Deed/s of Conveyance and other documents and writings
including stamp duty and registration charges shall be borne and paid
by the Developer alone. The parties shall bear and pay their respective
Advocates' professional costs.
The
Developer shall be entitled to develop the said property either by
himself and/or through his nominees including a firm, wherein he is a
partner or a company wherein he is a Director, provided however, all
the obligations and liabilities undertaken by the Developer under this
Agreement shall remain in full force and be personally binding upon the
Developer, and in particular his liability for payment of all amounts
under this Agreement to the Owners.
The
Owners hereby declare that they have not entered into with any person
or persons Agreement to Sale or Lease or created any third party rights
in favour of any person or persons in respect of the said property.
In
Witness whereof the parties hereto have hereunto set and subscribed
their respective hands the day and the year first hereinabove written.
Signed and Delivered by the }
withinnamed : Owners
}
(1) __________________ and }
(2) ___________________
}
in the presence of
}
Signed and Delivered by
the
}
withinnamed :
Developer
}
_____________________________ }
in the presence of
}
RECEIVED the day and year first }
hereinabove written from
the
}
withinnamed Developer a sum of }
Rs._________/- (Rupees _______ }
___________ only) being the }
amount of deposit to be paid
}
by him to us by a Pay Order
}
bearing No. __________ and }
dated on ________________ }
Bank ________________
}
Branch _________________ }
Witnesses:
We
say received.
1.
2.
Owners
Legal Documents
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THIS DEED OF MORTGAGE IS MADE ON ______________________ DAY OF THIS MONTH OF _________IN THE YEAR _______.
BETWEEN
___________________________________Age about _________years, Occupation - Service / Business R/o ____________________________
________________________________________________
Age about _________years, Occupation - Service / Business R/o.
____________________________
_________________________________________________
Age about _________years, Occupation - Service / Business R/o.
____________________________ Hereinafter called the MORTGAGOR (which
expression shall unless repugnant to the context or meaning thereof be
a deemed to mean and include his/her/their/ heirs, legal
representative, administrators, successors, executors in title and
assigns) PARTY OF THE FIRST PART
A N D
__________________,
A BODY CORPORATE DOING THE BUSINESS OF _____________, having registered
Head Office at ____________________, registered under the
_________________________________, hereinafter referred to as “THE
MORTGAGEE” (which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its administrators,
executors, successors in title and assigns etc.) PARTY OF THE OTHER PART
WHEREAS
the property bearing Plot No.________________ S. No.
____________________________ CTS No. _______________________ situated
at _______________ Tal. Haveli, Dist. Pune more particularly described
in the schedule written hereunder (hereinafter referred to as ‘THE
PROPERTY’).
ANDWHEREAS the said property was owned by __________________________________
ANDWHEREAS the said society has divided the said property in several plots and allotted the same to its members.
ANDWHEREAS the Mortgagor/Borrower is the member of said society.
ANDWHEREAS the said plot No. _________________ is allotted to the Mortgagor.
ANDWHEREAS
the said owner of the property sold the said property to Mortgagor by
Sale Deed executed on ____________________ and the same is registered
in the office of the Sub-Registrar at Sr. No. _____________________ on
_______________and the same is in the possession of Mortgagor.
ANDWHEREAS the Mortgagor approached the Mortgagee for a loan of Rs. ______________for promotion of business.
ANDWHEREAS
the mortgagee has agreed to lend and advance a sum of Rs. __________/-
to the Mortgagor his/her/ their request upon having the repayment
thereof, with interest and charges secured in the manner hereinafter
expressed.
ANDWHEREAS the Mortgagor have agreed
to comply with the terms and conditions for securing the said amount
alongwith interest and charges.
ANDWHEREAS the
Mortgagor have agreed to mortgage the said property in favour of the
Mortgagee, as a security for repayment of said loan alongwith interest
and charges.
NOW THIS DEED WITNESSETH:-
1.
In persuance of said agreement and in consideration of a sum of Rs.
__________/- paid on or before the execution of these presence by the
Mortgagee to the Mortgagor, the receipt whereof the Mortgagor hereby
acknowledge and confirm the Mortgagor do hereby agree with the
Mortgagee that the Mortgagor will repay the said amount alongwith
interest @______% p.a. with charges etc.
2. The
Mortgagor assures that the amount of loan will be utilised for the
purpose for which it has been sanctioned. The Mortgagor agrees to repay
the said amount of advance alongwith interest @______% p.a. or at such
rate as may be fixed form time to time by the _____________________.
3.
The Mortgagor shall repay the principal sum advanced by to the
Mortgagor with interest in _______ monthly installments each of
Rs.________/- Rs._________/- plus/inclusive of interest.
The
first of such installment of repayment shall become due on or before
the expiry of one month from the date of disbursement of loan and
subsequently each installment shall be due in each succeeding month
till the entire amount of loan along with interest and charges are paid
in full.
4. It is agreed by the mortgagor that
each installment shall be paid on or before 15th day of each month,
reckoned as per the Gregorian Calendar. If the mortgagor commits
default in payment of any of the installment on or before the said 15th
day, then the mortgagor has agreed to pay additional interest on each
defaulted installment at the rate of __% upto three months and __%
onwards will be charged from the date of default till the default is
made good.
5. It is hereby agreed and declared
that in case any of the installments of principal or interest payable
under these presents be not satisfied on the dates herein before
appointed for the payment of such installments of principal or interest
then the whole amount of principal remaining unpaid together with
interest due shall at once become payable to the mortgagee and the
mortgagee may forthwith enforce any of the remedies of which a holder
of a simple mortgage is entitled under the transfer of Property Act.
6.
It is hereby agreed and declared that in the event of default by the
mortgagor in repayment of mortgage money, interest and charges, the
mortgagee shall be entitled to take possession of the mortgaged
property and shall also be entitled to recover the sum outstanding
against the mortgagor under these presence and cause the mortgaged
property to be sold for realization of the amount accruing due to the
mortgagee.
7. In case the proceeds of sale,
together with the amount, if any, otherwise realized from the mortgagor
fall short of the total amount due to the mortgagee then the mortgagee
shall be entitled to recover the balance from the person and other
properties of the mortgagor.
8. The mortgagor
will within one month form the date of these presents insure and keep
insured the mortgaged property from loss or damages by fire, riot and
other usual risks in full value thereof with the Insurance Company
approved by the mortgagee in joint name of Mortgagor and Mortgagee,
including in the said policy usual clause and will duly pay all
premiums and sums of money payable for that purpose and will deliver to
the mortgagee the policy for such insurance and the receipt for every
such payment within seven days after it shall become due and in case
the mortgagor shall refuse or neglect to keep the said mortgaged
property insured to the amount aforesaid or deliver such policy and
receipts as aforesaid then and in every such case it shall be lawful
for the mortgagee to insure the same to the amount aforesaid or any
less amount and all sums of money expended by the mortgagee in or about
such insurance as aforesaid with interest for the same @_____% per
annum computed from the or respective times of advancing the same shall
be repaid by the mortgagor to the mortgagee on demand and in the
meantime shall be a charge on the premises hereby mortgaged in addition
to the principal and interest thereon.
9. That
the mortgagor agrees that all sums of money awarded as compensation for
acquisition of any portion of the mortgaged property by Government or
Municipal or railway or any Authority shall be receivable by the
mortgagee direct on behalf of the mortgagor and that such money as well
as moneys received under and by virtue of any such insurance as
aforesaid shall at the option of the mortgagee either be forewith
applied in or towards the payment of principal money, interest and
costs for the time being remaining due on the security for these
presents.
10. For the consideration aforesaid
and in further pursuance of the said agreement the mortgagor hereby
grants and transfers by way of simple mortgage unto the mortgagee all
the property described in the schedule hereto together with all rights,
easements, and appurtenances thereto and all his/her/their rights,
title and interest in and to the said premises hereby mortgaged shall
remain and be charged by way of simple mortgage and free from all
encumbrances as security for the payment to the mortgagee of the said
principal money interest and costs in accordance with the convenants
hereinbefore contained.
11. That the mortgagor
shall allow the mortgagee its servants, agents and surveyors at all
reasonable times to enter the said premises and view and examine the
state and condition thereof.
12 .The mortgagor
hereby convents with the mortgagee that the mortgaged property is free
from all or any encumbrances and shall not sell, gift, exchange,
mortgage or alienate in any other manner nor shall assign his/her/their
interest in the said property of whatsoever nature, nor shall create
any charge or encumbrance on the said property during the subsistence
of the mortgage.
13. The mortgagor undertake to
pay all the tax, dues cesses and outgoings in respect of the mortgagor
property regularly and punctually and produce the receipts thereof to
the mortgagee for verification and record.
14 .
The mortgagor undertake that he/she/they will deposit with the
mortgagee all the original documents of the mortgaged property.
15.
The mortgagor undertakes that he/she/they will bear all expenses such
as stamp duty, advocate fees, registration charges and other incidental
expenses in connection with this deed.
16. The
mortgagor agrees that if he/she/they commits default in making the
payments of installment then the mortgagee shall be entitled to call
back the entire amount of balance with interest then due and in that
case the mortgagor will have to make the payment forewith and will not
be entitled to claim the benefit of concession of installment or the
excuse the payment of additional interest.
17.
It is agreed by and between the parties that the said
property/properties is to stand as a continuing security for the credit
limit/loan sanctioned by the mortgagee to the borrower/mortgagor and it
will be enforceable for all monies which may at any time become due and
owing by the borrower/mortgagor to the mortgageee/lender under the said
credit account and/or all other accounts, was after expiry of the
period.
ALL
THAT PIECE AND PARCEL OF LAND AND BUILDING nowstanding and hereinafter
constructed along with all the rights appertaining to it bearing plot
no.______________________ cts.no______________________ dist. Pune
situated within the registration sub-district haveli and dist-pune and
also within the limits of P.M.C/P.C.N.T.D. Authority admeasuring about
_____________sq. mtrs. I.e. _____________sq. ft. and bounded as
follows:-
ON OR TOWARDS EAST:
ON OR TOWARDS SOUTH:
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH:
IN
WITNESS WHEREOF the parties to this Deed have set their respective
hands and seal on the day and date mentioned hereinabove at _________.
WITNESS :
1)_______________
2)_______________
MORTGAGOR
1)_______________
2)_______________
MORTGAGEE
Legal Documents
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Certified
that title of the property situated at_____________________________
which is within the limits of Municipal Corporation and within the
limits of________Municipal District Taluka_______, Dist:_______,
admeasuring about_________Sq. mts. And bounded as under:-
On or towards east by ________________.
On or towards West by ________________.
On or towards South by ________________.
On or towards North by ________________.
Is
owned and possessed exclusively by the owner _____________________
residing at __________________. The said property belongs to the said
_________________________ and is in his possession. The title of the
said property is clear and marketable and there are no encumberences.
The title certificate is on the basis of search conducted from the
revenue records of last 30 years.
Legal Documents
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THIS DEED OF TRANSFER is made at (city) this _____ day of _____, 20__, BETWEEN :
__________________________ Indian Inhabitant residing at
______________________________________, (city), hereinafter referred to
as "THE TRANSFEROR" (which expression shall, unless
it be repugnant to the context or meaning thereof be deemed to include
her heirs, executors and administrators) of the ONE PART and
________________________, Indian Inhabitant residing at
_________________________________ _____________________, (city),
hereinafter referred to as "THE TRANSFEREE" (which
expression shall unless it be repugnant to the context or meaning
thereof be deemed to include his heirs, executors, administrators and
assigns) of the OTHER PART.
WHEREAS :
The
Transferor is a registered member of ________________________
Co-operative Housing Society Ltd., a Co-operative Society formed and
registered under the provisions of the Maharashtra Co-operative
Societies Act, 1960, under Registration No.______________________ dated
__________ situated at _____________________, (city) (hereinafter
called "the said society") and as member of the said
society, the Transferor is holding __ ( ___ ) fully paid up shares of
Rs._________/- (Rupees ___________________ only) each bearing
distinctive Nos.___ to ___ (both inclusive) as per the share certificate No.___ issued by the said society (hereinafter called the "the said shares").
By
virtue of being member of the said society, the Transferor is
absolutely seized and possessed of and otherwise well and sufficiently
entitled to flat No.___, admeasuring ___ sq.ft. built up area on the
_______ floor of building No.__ of _______________________ (hereinafter
called "the said Premises") situated at _______________________________ (city) belonging to the said society.
The
Transferor has agreed to sell and transfer to the Transferee, and the
Transferee has agreed to purchase and acquire all right, title and
interest of the Transferor in the said share certificate No.__ and in
flat No.___, on the ground floor of building No.__ of _________________
situated at _______________ (city), at or for the sum of Rs._________/- (Rupees _____________________ Only) on the terms and conditions hereinafter contained.
The Transferee has paid to the Transferor the full consideration of Rs._________/- (Rupees _________________ only) before the execution of these presents.
The
Transferor has obtained the consent of the said society for the
transfer of the said shares and the said premises to the Transferee.
The
Transferor has executed and handed over to the Transferee the Transfer
forms and all other letters, documents and writings as required under
the Maharashtra Co-operative Societies Rules, 2061 and bye-laws of the
said society for the effectual transfer of the said Premises and the
said Shares.
The
stamp duty and registration charges payable in respect of this Deed of
Transfer shall be borne and paid by the Transferee alone. The transfer
fee / premium / Donation payable to the said society in respect of the
transfer of the said shares / premises shall be borne and paid by the
Transferee and the Transferor in equal proportion.
The
Transferor has handed over to the Transferee the vacant and peaceful
possession of the said premises alongwith the original of the said
share certificate and all other documents pertaining to the said
premises and the Transferee has requested the Transferor to execute
these presents which the Transferor has agreed to do in the manner
hereinafter appearing.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS :
In pursuance of the aforesaid agreement and in consideration of a sum of Rs._________/- (Rupees _______________ only) paid by the Transferee to the Transferor on or before the execution of
these presents being the full consideration receivable by the
Transferor, (the payment and receipt whereof the Transferor doth hereby admit and acknowledge)
the Transferor for herself and her heirs, executors and administrators
and assigns DOTH HEREBY grant, convey and transfer unto the Transferee
all her beneficial rights, title and interest into and upon the said
shares bearing distinctive Nos.__ to __ (both inclusive) vide
share certificate No.__ issued by the _______________ Co-operative
Housing Society Limited and all funds (including sinking fund) and
properties standing in her name in the records of the said society AND
including the flat No.___ admeasuring ___ sq.ft. builtup area on the
____ floor of the building __________ of _______________ of the said
society situated at ____________ ____________ (city) TOGETHER with all
the rights and privileges whatsoever of the Transferor as the member of
the said society and all the rights, title and interest of the
Transferor in the said shares and in the said Premises SUBJECT HOWEVER
to the payment by the Transferee of all taxes and outgoings and other
charges now or hereafter payable to the said society or any other body
AND the Transferor doth hereby covenant with the Transferee that the
Transferor is the absolute owner of the said shares/Premises and she
has full right, power and absolute authority to transfer her rights,
title and interest in the said Premises and the said shares in favour
of the Transferee in the manner aforesaid AND the Transferor doth
hereby covenant that she shall at the request and cost of the
Transferee sign and execute such further deeds, documents and papers
which the Transferee may reasonably require to effectively transfer and
vest the Transferor's right, title and interest in the said shares and
the said Premises in favour of the Transferee.
The Transferor declares records and confirms that
The
said Premises with all rights attached thereto are free from all
encumbrances charges of any kind whatsoever and the Transferor has
observed the bye-laws of the said society and cleared all dues in
respect of the said Premises till the date of execution of this
transfer deed. The Transferor further declares that the said shares and
the said Premises are neither the subject matter of any litigation, nor
the same are attached in the execution of any decree whether of
Government or otherwise.
The
Transferor has not created or purported to create any tenancy rights,
licence or other rights of use and occupation in respect of the said
Premises.
The
Transferor has not contracted to sell / transfer the said Premises /
shares to any other person and the said Premises / shares are free from
all encumbrances, liens, charges of any nature whatsoever.
The
Transferor covenants with the Transferee that the Transferor shall
indemnify and keep Indemnified the Transferee from and against all
actions, claims, demands, charges etc. falling due prior to execution
of these presents in respect of the said shares/ Premises.
The
Transferor agrees to accompany the Transferee and/or her legal advisor
or her representative to the office of the Sub-Registrar of Assurance
and lodge this transfer deed for registration and admit the execution
thereof.
The
Transferor agrees to produce his Income-tax Clearance Certificate u/s.
230A of Income-tax Act, 1961 to enable the Transferee to register this
Transfer Deed.
The
Transferee declares that on being admitted as a member of the said
society he will observe and abide by the rules regulations and bye-laws
of the said society from time to time in force.
The
stamp duty, registration charges if any payable in respect of this deed
of transfer and in any other document to be executed in future in
respect of the said Premises / shares shall be borne and paid by the
Transferee alone. The Transfer premium/charges payable to the said
society in respect of the transfer of the said shares/premises shall be
borne and paid by the parties to this Deed in equal proportion.
IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set
and subscribed their respective hands on the day and year first
hereinabove written.
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEROR" )
__________________________ ) ______________________
in the presence of .........
)
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEREE" )
___________________________ ) ______________________
in the presence of .........
)
RECEIPT
RECEIVED of and from ___________________________ a sum of Rs_________/- (Rupees ___________________ only)
vide Cheque No.______ dated __/__/20__ drawn on _______________,
_________ Branch, (city), being the full and final payment towards the
transfer of share certificate No.__ issued by _________________
Co-operative Housing Society Ltd. and flat No.___ on the ______ floor
of Building No.__ of ____________ Co-operative Housing Society Ltd.
situated at ________ _______ _____________________, (city) as within
mentioned.
DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. keralarealinfo.com will not be responsible for any claim arising out of the use of any of the below mentioned documents.
This
Deed of Surrender_________ made this _________day of__________, between
_________ age about ______ , occupation _________, residing at
___________________________, at________of the FIRST PART
AND
___________(
a co-operative housing society LTD, registered under _____________dt
_________ having registered office at present at __________________
hereinafter called party of the SECOND PART ( hereinafter called and
referred to as ‘Society’, which expression shall unless repugnant to
the context or meaning thereof be deemed to mean and include its
administrators, liquidators, etc).
WHEREAS
the society is registered under provisions of_______________Act, 1960
and the parties of the FIRST PART is holding right, title, and interest
in respect of the shares and share certificate allotted to her/him as
member and also the holder of incidental rights of occupation in
respect of plot no.____ admeasuring about _________ sq.mtrs. i.e _____
sq. fts. More particularly described in schedule hereunder
ANDWHEREAS the said member till this day did not construct on the said plot reserved for her and which remained vacant,
WHEREAS
the said party of the FIRST PART do not desire to construct and occupy
the said plot no. ____ in future and that the party of the FIRST PART
are desirous of transferring their properties in favor of the person
who shall be admitted as a member of the society and has further
admitted to transfer her share and interest in respect on plot no
_________ and has further requested the society that she has no
interest existing in the said plot no _________ and she is ready and
willing to surrender her leasehold rights in the society willfully
alongwith the right, title, if any and interest in shares without any
consideration from the society.
ANDWHEREAS
the member is a lessee in respect of plot no. ____ under the registered
lese deed dt _________ registered in the office of
Sub-Registrar,___________ at Sr. _________on_________, and
WHEREAS
the said party of the FIRST PART do not desire to construct and occupy
the said plot no. ____ in future and that the party of the FIRST PART
are desirous of transferring their properties in favor of the person
who shall be admitted as a member of the society and has further
admitted to transfer her share and interest in respect on plot no
_________ and has further requested the society that she has no
interest existing in the said plot no _________ and she is ready and
willing to surrender her leasehold rights in the society willfully
alongwith the right, title, if any and interest in shares without any
consideration from the society.
The
society has accepted the surrender of the said plot no. _________in
favor of the society and in lieu of the said surrender the society is
ready to pay to the parties of the FIRST PART and the share money which
stands as Rs. _________and the amount in respect of the plot standing
in her name, and
NOW THIS deed or surrender witnesseth as under:-
That
the party of the FIRST PART has surrendered without any consideration
but accepting refund of Rs. _________ all her rights, title and
interest as lessee and otherwise all the rights as member in respect of
the said property i.e plot no. _________ which has been described in as
hereunder, in favour of the society and the society has accepted the
said surrender of the said plot from the party of the FIRST PART . The
society by virtue of this surrender of the said plot has got all powers
and control over the said acts of surrender in respect of the plot no.
_________ under the N.C.S. Act . 1960.
IN
WITNESSETH WHEREOF the parties hereinabove mentioned have put their
seal and signatures on the day and date hereinabove mentioned in
presence of the witnesses:-
DESCRIPTION OF THE PROPERTY
All
that piece and parcel of land bearing plot no. _________ situated on
the lessors estate bearing S.Nos. _________&_________(part) in the
village_________ in registration sub district of haveli, dist.-
_________, within the limits of _______ municipal corporation and
bounded as follows:-
ON OR TOWARDS EAST:
ON OR TOWARDS SOUTH:
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH:
Measuring approximate. _________Sq. mtr i.e. . _________sq.fts.
THE PARTY OF THE FIRST PART
THE PARTY OF THE SECOND PART
WITNESSESS:-
1.
2.
S C H E D U L E ‘A’
ALL
THAT PIECE AND PARCEL OF LAND BEARING S. NO. _________ CTS. NO.
_________ situated at . _________ Tal. _________, Dist.______ within
the registration of Sub-District________, Dist._______, within the
limits of ________ municipal corporation admeasuring about . _________
sq. fts i.e . _________ sq, mtrs. and bounded as follows:-
ON OR TOWARDS EAST:
ON OR TOWARDS SOUTH:
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH:
S C H E D U L E ‘B’
ALL
THAT PIECE AND PARCEL OF LAND BEARING S. NO. _________ CTS. NO.
_________ situated at . _________ Tal. ___________, Dist. _______
within the registration of Sub-District ________, Dist._________,
within the limits of_________municipal corporation admeasuring about .
_________ sq. fts i.e . _________ sq, mtrs. and bounded as follows:-
ON OR TOWARDS EAST:
ON OR TOWARDS SOUTH:
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH:
IN
WITNESS WHEREOF the parties hereto have set their respective hands and
seals as the day and date mentioned hereinabove at ___________.
WITNESSESS:-
1.
2.
Borrower
Legal Documents
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ARTICLES
OF AGREEMENT made at_________this_____________day of ______,2000,
BETWEEN__________________________, Adult Indian Inhabitant, residing at
__________________________ hereinafter referred to as "THE LANDLORD "
(which expression shall, unless it be repugnant to the context of
meaning thereof, be deemed to include his heirs, executors,
administrators and assigns) of the ONE PART
AND
____________________________"
Adult, Indian Inhabitant, residing at
_____________________________________ " hereinafter called "the TENANT
" OF THE Other part.
WHEREAS the
Landlord is the owner and is well and sufficiently entitled, seized and
possessed of all the piece and parcel of land and building situated at
Room No._______.
AND WHEREAS the said
Tenant has approached the Landlord and requested him to let out the
said premises for the purpose of residence in the said building and
requires the said premises for him and his family members.
AND
WHEREAS the Landlord has received the request from the said Tenant to
let out the said premises and accept him as contractual tenant which
the Landlord agreed to do and accordingly accepted the Tenant as his
Tenant with effect from______________, 2000 in respect of Room
No._____________________________ on the terms and conditions and
stipulated mutually and orally agreed by the Landlord and Tenant.
AND WHEREAS the parties hereto are reducing the said agreed terms in to writing.
NOW
THEREOF THIS INDENTURE RECORDS that the Tenant is accepted as
Landlord's monthly tenant is accepted as Landlord's monthly tenant and
the said Tenant is Landlord's monthly tenant is in respect of Room No.
_________ from ______(date) on the following terms and conditions:-
The
landlord doth and hereby let to the Tenant as his monthly tenant in
respect of Room no._______ and the Tenant hereby agrees that he has
taken on the said premises as monthly tenant of said premises on the
___________Floor of the said Building on the terms and conditions
hereinafter records. The monthly standard rent of the said premises
shall be Rs.___________(Rupees only) per month inclusive of all
permitted increases as on ____________but which will be exclusively of
any kind of electric charges. THE TENANT HEREBY AGREE AS FOLLOWS :-
1.
To pay monthly rent due in the next month on or before the 10th day of
each month at the Landlord's place whether demanded or not;
2. To pay all charges for electric energy and water consumed on the demised premises;
3.
To pay all kinds of taxes, permitted increases, repair cess, which the
tenant or occupier of the premises are by law bound and liable to pay
on demand at any time;
4. Not to do
or suffer to be done in or about the demand premises anything contained
which may be of become nuisance, annoyance or cause damages to the
neoghbouring owners, tenants, occupiers of the said building.
5.
Not to use the said Premises for any illegal or immoral purposes or any
other purposes prohibited by the local / municipal authorities.
6.
Not to cut or injure any wall or timber, or any other parts of the
demised premises or make any changes, alterations, additions on the
demised premises without first obtaining the written consent of the
Landlord and any change, alterations, additions, fittings made with
such written consent of the Landlord shall become and be considered the
property of the Landlord after they are made, the Tenant shall not be
entitled to remove the same either before or after the expiration of
the Tenancy.
7. Not to sub-let,
re-let, assign or transfer or part with the possession of the demised
premises or any part thereof too any persons.
8.
Not to store, keep pr stock any goods , articles, in the passage or
compulsory open space or on road save and except in course of goods,
articles taken in and brought from the demised premises.
THE LANDLORD HEREBYAGREES AS FOLLOWS :-
9.
That the Tenant paying rent herein before reserved and observing and
performing the stipulations and averments on this part herein before
contained and shall quietly enjoy the demised premises without
interruption by the landlord or any person or persons lawfully claiming
through, under or in trust for him.
10.
To pay and discharge all existing and future rates and taxes assessment
that may be imposed or charges upon the demised premises by the Mumbai
Municipal Corporation, Government of Maharashtra, or any other
authority including all increases payable by the Landlord consistent
with the covenants by the Tenant in that behalf herein before stated.
11.
That the Landlord and his agent, contractors, servants or any intending
purchaser or purchasers or tenant authorised by the Landlord shall have
full liberty to inspect demised premises at any reasonable hour to view
the conditions thereof and to effect such repairs as the Landlords is
required to do pursuant to his covenants in that behalf herein
contained and to carry out any work and the Tenant shall allow the same
to be done without any objection.
12.
The Landlord shall not be responsible for any damages or injury
whatsoever caused by pulling down the wall or floor whether by fire,
leakage, accident,, rains, white-ants or any explosion or bursting or
any water or gas pipe line or electric installations or circuits.
13.
The Tenant shall, on execution of this Agreement, deposit with the
Landlord three months rent at the rate of Rs__________/-.(Rupees
____________________ only) per month total amounting to
Rs.________/-(Rupees ________________only) which the amount shall
continue to remain as deposit and to be adjusted in payment of the
monthly rent shall continue to remain as deposit and to be adjusted in
payment of the monthly rent for the last month of the tenancy. The said
deposit amount of three months rent shall not carry any interest.
14.
The landlord confirms that he has received a sum of
Rs.__________/-(Rupees ___________________only) from the rent as
Premium for letting the said premises to him.
15.
The Tenant hereby agrees and undertakes that the said rent of
Rs._________ is the STANDARD RENT of the said let out to him inclusive
of all permitted increases imposed by the concerned authority from time
to time and demanded by the authority from time to time and demanded by
the authority hereinafter which he is bound and liable to pay to the
Landlord on demand.
16. The Tenant
hereby agrees to abide by all the terms and conditions printed on the
rent bill, which is part and parcel of this Agreement.
17.
The Tenant hereby agrees and confirms that the said demised premises
has been let out to him for the purpose of Residence only and the
Tenant shall not change the user of the premises under any
circumstances.
IN WITNESS WHEREOF the
parties hereunto set and as subscribed their respective hands and seals
the day and year hereinabove written.
SIGNED SEALED AND DELIVERED by
The withinnamed____________________
the LANDLORD,
in the presenceof______________
SIGNED SEALED AND DELIVERED
By the withinnamed__________________
______________________the Tenant,
in the presence of_____________
)
)
)
)
)
)
)
)
)
)
Legal Documents
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TO
ALL TO WHOM THESE PRESENTS SHALL COME, I _______________________,
Indian Inhabitant, residing at_________
___________________________________, SEND GREETINGS : -
WHEREAS
I am going to be out of ___________ for a long time. I wish to appoint
fit and proper persons to look after my affairs in my absence.
AND
WHEREAS my father ___________________ and my mother __________________,
know all my affairs and are capable of handling the same. I therefore,
desire to appoint my father ___________________ l and my mother
___________________ to act as my Attorneys and to look after my affairs.
AND WHEREAS my parents have consented to act as my Attorneys (hereinafter referred to as the "said Attorneys").
NOW
KNOW YE AND THESE PRESENTS WITNESS that I, the abovenamed
______________________, do hereby appoint, nominate and constitute my
father _________________and my mother _______________________, both
residing at ___________________________________________________, to be
my true and lawful Attorneys, jointly or severally in my name and on my
behalf and to do and execute all or any of the following acts, deeds,
things, that is to say:-
To
apply and obtain various permissions under the foreign Exchange
Regulation Act, 1973 and or any other Central or State Act and to
complete all those formalities which may be required for obtaining such
permissions.
To communicate, give undertaking to Reserve Bank of India or any other authority prescribed by the law.
To
enter into, make, sign and execute and deliver and acknowledge and
perform any contract or contract/s, undertaking any other writings
required by Reserve Bank of India under Foreign Exchange Regulations
Act.
To
sign, verify the written statements, objections, memorandum of appeals
and applications of all kinds and to file them with any authority
including Reserve Bank of India, or the Assistant Director, Joint
Director, Additional Director appointed under the Foreign Exchange
Regulations Act.
From
time to time purchase, take on lease or mortgage or otherwise acquire
and hold properties movable or immovable as may be thought necessary or
expedient on my behalf.
To pay necessary cost, taxes, out going charges, expenses and dues in respect of the property purchased.
To
apply for and obtain no objection certificate under Maharashtra
Co-operative Societies Act or from any other body or bodies in respect
of agreement of purchase or sale of the property and to do all Acts,
Deeds, matters and things necessary for obtaining such certificates, in
connection with the property.
To execute transfer instruments, conveyance or other deeds in respect of property purchased or sold.
To
deal and correspond with electric supply company for installing meter
or for transferring the meter installed in the premises owned by me.
For such to sign any document writing affidavit undertaking indemnity
as may be required by the concerned authorities.
To
collect dividends and duly discharge dividend warrants by issuing valid
receipts in respect of the shares/debenture belonging to me and to
represent me as and when necessary before such Authority or authorities
or companies for the purpose of taking delivery of the shares, dividend
warrants and bonus shares that may be issued by any company whose
shares are possessed by me and owned by me or may be possessed by me or
owned by me in future and to attend as a proxy in company meetings and
to give vote or votes.
To
open, operate, close, transfer, bank accounts and to sign and/or
endorse my name to any cheques or other negotiable instruments, drafts,
fixed or call or time deposit-receipts and securities or investments of
any kinds and transfer forms, dividend warrants, interest coupons,
refund orders or other similar instruments.
To
receive moneys due to me and sign receipts, to apply for shares/
debenture/ rights application in public limited companies sign
application forms, to dispose them at prices considered proper by the
said Attorneys, sign transfer deeds or other similar instruments on my
behalf.
To
invest any of my moneys in or upon any of the Government securities,
Unit Trust, Bonds, promissory notes, shares, debentures, Postal scheme,
Mutual Fund, Rural Development Bonds and Bank Deposits, RBI schemes or
Corporate bodies, limited companies, firms and institutions or any
scheme which may be introduced in future by any of the authorities in
my name singly or jointly with others and from time to time to vary the
said investments, to deposit in banks or in any public or corporate
bodies and withdraw them, renew them for such periods as deemed fit by
my Attorneys and to draw and to collect, interest and other amounts as
and when they become due.
To
encash all my investment made by me in my maiden name and for that to
sign all applications, forms, undertakings, or any type of writing as
may be required by the concerned authority for renewing them or for
encashment of them and also to issue valid receipt.
To
sell the flat, shop, land/shop plot, garage, parking space, office
premises, property/properties purchased by me in my name or jointly
with others, to such person(s) on such terms and conditions as my said
Attorneys may deem fit, and/or relinquish my right, title and interest
as the sole owner or in my capacity as beneficiary and to
collect/receive sale proceeds/ realization amounts thereof, and to
issue receipts for such payments on my behalf.
To
make and file returns under the Income-tax Act, 1961, Wealth-tax Act,
1957, the Gift Tax Act, 1958 on my behalf and to represent me before
any of the concerned authorities including appellate bodies in such
proceedings, and appeals and revisions in such proceedings.
To examine,adjust, negotiate and settle all accounts and reckoning to compound for any debt due or owing by me.
To
vote at the meetings of any company or corporate bodies or co-operative
Societies or condominium of Apartment owner or any body including
meeting called by contractors, Builders, Promoters, Tenants or members
or owners of a house or building where I or My Attorneys have bought or
owned a flat or have other interest or where otherwise act as my proxy
as the case may be or representative or appoint proxies in respect of
any property, share debenture etc. now held by me or which may
hereafter be acquired in my name by the said Attorneys.
To
pay insurance premium on my life policies or on my properties and have
correspondence with the concerned authority on all attendant matters
and to sign all forms, claims, settlements etc.
To
commence, institute, file, carry on, continue, prosecute, defend,
answer or oppose all actions, suits, writ petitions or other legal
proceedings and demand and to appear in any court of Justice in any
actions or other proceedings which may be instituted by and/or against
me and in the said actions or proceedings to prosecute or discontinue
or to become nominated therein or suffer judgement to go against me as
the Attorneys shall be advised and think proper.
To appoint any advocate, solicitor, chartered accountants, pleader or any other legal or income tax practitioners.
To apply for certified copies, inspection of and to inspect the judicial records.
To
manage all my properties, movable and immovable, now owned and
possessed by me or which I may possess in future, to do all such lawful
acts as the said Attorneys may consider necessary and expedient for my
advantage as the case may be and for the benefit of my estate and in
particular to improve them, to lease them, to collect all rents and
profits and to take all lawful proceedings and means by suits or any
other actions for recovery of and receiving the rents and otherwise for
managing these properties of mine.
From
time to time purchase, take on lease or mortgage or otherwise acquire
and hold properties movable and immovable as may be thought necessary
or expedient on my behalf.
To
claim, demand, sue for, enforcement of payment of and receive and give
effectual receipts and discharges of all moneys, securities for money,
debts and legacies which I now possess or to which I am or is entitled
or to which I may become entitled or which are or may become due owing
or payable or transferable to me from any person or persons.
To
sell, convert, collect, get in or manage or collect otherwise
administer any property movable or immovable which may be vested in me
alone or jointly with any other person and to execute and sign any
deeds and generally to do any acts which I could lawfully have executed
signed and done in any such capacity.
To
sell for consideration any part of my property, to receive the price
thereof and to grant receipt for the same and to execute and sign and
get registered the transfer deeds, present for registration and to
admit execution and to take delivery of any document executed by me or
by my Attorneys before any Registrar or Sub-Registrar.
To
let the property on rent belonging to me on such terms and conditions
as the Attorneys may think fit and proper and receive the rents from
the tenant/s or lessee/s the case may be and issue proper receipts for
the amounts so received; to maintain the property and effect necessary
repairs from out of the rents so derived, to pay all taxes legally
payable in respect of the said property, to represent me before the
authorities of Bombay Municipal Corporation, authorities under the
Maharashtra Land (Ceiling and Regulation) Act, Land acquisition to the
society or obtaining any permission for letting out property and to
file any sort of undertaking written statement to give proper effect
and other authorities and to file all returns or applications before
them, to engage counsels, advocates, auditors, agents or other persons,
to discharge any or all of them and to appoint other persons instead
necessary for any of the purpose on such remuneration, salary or
commission as the said Attorneys think proper, to represent me before
the said authorities and for that purpose to sign vakalatnamas on my
behalf.
To
file suits for recovery of arrears of rent or recovery of loans
advanced or deposits made, defend suits filed against me pertaining to
my properties and other assets and to compromise such suits.
To
sign, verify, execute, plaints, written statements, counter claims,
petitions, appeals, reviews, applications, affidavits, Power of
Attorney and papers of every description that may be necessary to be
signed, verified and executed for the purpose of any suit, actions,
appeals and proceedings of any kind whatsoever in any Court of Law or
Equity, whether of Original, Appellate, Testamentary or Revisional
Jurisdiction established by lawful authority or before the Income Tax,
Wealth Tax, Gift Tax, Appellate Assistant Commissioner or Tribunals and
to do acts and appearances and applications in any such Court or Courts
and Forums aforesaid in any suits, actions, appeals or proceedings and
all information or complaints that it shall or may be held, brought or
commenced and to defend, and answer or oppose the same or suffer
judgements or decrees to be had, given, taken or pronounced in any such
suits, actions, appeal, proceedings, bills, information or complaints
as the Attorney shall be advised or think proper and to execute decree
and also to bid at auction sales or to authorise any agents or sub-
agents to bid at auction sales and purchase the property at the said
auction sales, to make withdrawals or decretal amount or sale proceeds
from any Court or authorised agent or sub-agents to do the same.
To
appear and act in all Courts, Civil, Revenue or Criminal whether on the
original or appellate side or in the registration offices and to
represent my interest before any judge, Magistrate, Municipal
Corporation, Police, Revenue, Taxation, Port Trust or Customs
authorities or any other quasi Government or Public bodies or
authorities and to appear before Income-tax, Wealth-tax, Gift-tax or
other officer/s, in connection with my affairs on my behalf.
To
sell or purchase all or any of the shares and/or securities held by me
solely or jointly with others and for that purpose to employ and to pay
brokers and other agents in that behalf and to receive and to give
receipts for the purchase money payable in respect of such sales and to
transfer any of the said shares so sold to the purchaser or purchasers
thereof or as he may direct and for these purchases to sign and execute
all such contracts, transfer deeds, transfer forms and other writings
and do all such acts as may be necessary for effectually transferring
the same. 36.To execute from time to time Reconveyance, Reassignment,
or Surrenders of properties that may have been or hereafter be
mortgaged or charged to me either alone or jointly with another or
others.
To
transfer any mortgage now made or hereafter to be made in my favour
either alone or jointly with others for such consideration as the said
Attorney shall think fit.
To
sign, seal, execute and deliver, transfer forms, and/or deeds of
shares, dividend warrants, interest warrants, receipts etc. as occasion
may require
To
accept notices or services or writ of Summons or other legal process
that may be served upon me and to appear and represent me in any Court
of Justice and before Magistrate or Judicial or Quasi-judicial or other
officers whatsoever as the said Attorney shall think proper.
To
declare and affirm all plaints, Written Statements, applications,
Petitions, Execution Application, Affidavits and other necessary
documents in my name and on my behalf and to appear before any Judge,
Magistrate or other officer empowered by law to hear any suit or
proceedings or any other inquiry relating to any of the matters herein
mentioned.
To
receive all cables, telegrams, registered and unregistered letters and
parcels, packages, goods, money orders and other communications and
things whatsoever from the Posts and Telegraphs Office or Officer/s or
from any other source and to sign and pass receipts for the same and
from all carriers by land, sea and air.
To
invest any of my moneys or assets at interest or otherwise in the
mortgage of any freehold, leasehold or properties of any other tenure
or hypothecation or pledge of movable properties as the Attorney may in
his absolute discretion think fit and proper.
To
execute, to become party to and if necessary to cause to be registered
all instruments, deeds, agreements, contracts, receipts and other
documents for me and on my behalf.
To insure all my properties for such purposes and sign all applications and in such manner as the Attorney may think proper.
For
all or any of the purposes aforesaid to execute all such guarantees,
indemnities, covenants and obligations on my behalf as the Attorneys
may think necessary and proper.
For
the purpose of managing my affairs to enter into such arbitration
references and to appoint such arbitrators as the Attorney may deem fit
and proper.
To
cause these presents to be registered in the books of any Company,
Corporation or Nationalised bank, RBI whatsoever or in any public or
Government Office or in any Court or elsewhere as occasion may require.
To
concur in doing any of the acts and things herein before mentioned in
conjunction with any other person or persons interested in the premises.
For
the better doing, performing and executing of the matters and things
aforesaid, I do hereby grant unto my said Attorney full powers and
authorities to substitute and appoint in my place one or more Attorney
or Attorneys to exercise on my behalf as my Attorney or Attorneys all
the powers and authorities hereby conferred and to revoke any such
appointment from time to time and to substitute or appoint any other or
others in place of such Attorney or Attorneys as the said Attorney
shall from time to time think fit.
AND
GENERALLY to do and execute all such deeds, instruments acts and things
in relation to the properties movable and immovable now or hereafter
belonging to me wherein I shall have any interest and in my capacity
and in all matters relating to my affairs as fully and effectively in
all aspects as I myself could have done if personally present as the
said Attorney shall deem fit and proper.
I
FURTHER CONFIRM that the powers granted by me to the said Attorneys are
irrevocable and shall not be revoked by me and any person relying upon
this Power of Attorneys shall be protected by the representation made
herein and the authorities given by me to the said Attorneys and I
shall not challenge or call in question any act done by the said
Attorneys individually or jointly or severally for me and on behalf of
me and the same shall be binding upon me.
I
HEREBY AGREE that all acts deeds and things done by the said Attorneys
whether jointly or severally shall be construed as acts, deeds and
things done by me. I hereby undertake to ratify and confirm all and
whatever each of the said Attorneys shall do by virtue of the powers
hereby given. I hereby confirm that any person relying upon this Power
of Attorneys shall be protected by the representation made herein and
the authorities given by me to the said Attorneys and I shall not
challenge or call in question any act done by the said Attorneys
jointly or severally for me and on behalf of me and the same shall be
binding upon me.
IN WITNESS WHEREOF,
I ________________________, hereunto set and subscribed my hand and
signature at ______ this ____ day of _________, _____.
SIGNED AND DELIVERED by )
the withinnamed
) _________________________ ) _____________________
in the presence of ................. )
EXPLAINED AND IDENTIFIED BY ME
____________________________
___________________________
Specimen signature of Attorney ( ____________________ )
BEFORE ME
_____________________
Specimen signature of Attorney ( _______________________ )
Legal Documents
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This bond of indemnity is made at_______on this______day at ____________________,
AND
_______________Indian Inhabitant, residing at _________________________(hereinafter called as 'OBLIGOR')
______________________________by
its Chairman/Secretary, a co-op housing society registered as under
M.C.S.Act, 1960 (hereinafter called as 'OBLIGEE')
WHEREAS
the obligee is a Co-op Housing society registered under the M.C.S. Act,
1960 and is registered as tenant co-operative housing society;
ANDWHEREAS
the society has its registered bye-laws duly approved by the Registrar,
Co-Op. Societies and is an obligation on each allottee member/flat
holder/apartment/shop holder to obtain prior permission for effecting
the transfer in favour of any other person than the member/purchaser;
AND
WHEREAS the obligor by an agreement dt.______ has intended to purchase
the flat bearing no._____which is situated in obligee co-op housing
society comprising of_____rooms form shri/smt.______________who was
holding the flat no._________.
WHEREAS
the obligor for the purpose of validating the transfer approached the
society and society after initially exchanging the correspondence in
the matter came to the conclusion by considering its proposal in the
Managing Committee to recognise the said agreement for effecting the
transfer and called the obligor to execute the indemnity bond for the
transfer. As such the obligor is executing the said bond of indemnity
so as to indemnify the obligee against any claims or demands whatsoever
made in respect of the said _______rooms, in________(address) which is
adjacent to __________ premises owned and possessed by the obligor. Are
executing the said bond of indemnify so as to indemnify the obligee
against any claims or demands whatsoever made in respect of the said
two rooms, in_____ adjacent to shopping premises owned and possessed by
the obligor.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS
That
the said obligor their heirs, executors or administrators, assigns
shall from time to time and at all times hereinafter keep indemnified
the said obligee their office bearers from and against all actions,
losses, charges, expenses, claims and demands whatsoever in respect of
the said premises comprising of ______rooms on the obligee validating
the transfer of the above mentioned premises.
IN
WITNESS WHEREOF, we the obligor have hereunto set and subscribed their
respective hands and seals the day and year first hereinabove written.
Signed, sealed and delivered
By the abovenamed:-
1)
Legal Documents
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Deed
of Release made on this____________day of_________ by__________, Adult,
Indian Inhabitant, residing at___________________(hereinafter called
the First party Which expression shall unless repugnant to the context
thereof shall deem to include heirs, executors, administrators and
assigns) OF THE FIRST PART.
AND
__________________Adult,
Indian inhabitant Residing at (hereinafter called the second party,
which expression shall unless repugnant to the context thereof shall
deem to include heirs, executors, administrators and assigns) OF THE
SECOND PART
Whereas the Party of the First Part is the legal heir of the deceased late shri/smt.______________who died intestate.
AND
WHEREAS the said shri/smt.____________ Has left behind him a property
i.e. flat no._____situated in_______________,admeasuring
about________sq.ft. consisting of______rooms at______________.
AND WHEREAS the second party has been residing with the deceased since last______years.
AND
WHEREAS during life time of shri/smt. ____________he had expressed his
desire to bequeath the said flat to the party of the second part.
AND
WHEREAS the party of the first part was also aware of the same and as
such for transmitting share and interest in the said flat no_____in
favour of the party of the second part and first party has shown his
readiness and willingness to execute necessary douments by
relinquishing his share and interest as a legal heir in the said
property.
AND WHEREAS mutually it has
been agreed that for the said share and interest as legal heir in the
said property of late Shri/smt______________ For consideration of
Rs_________/- To which second party has agreed to give to the party of
the first part.
AND WHEREAS the
second party in order to become exclusive owner of the premises the
first party relinquishes and ceases to have any right, title or
interest therein.
AND WHEREAS it is necessary to bring this fact on record.
NOW THIS DEED/INDENTURE WITNESSETH :
1.
That the first party has released and relinquished in favour of the
second party all their rights, titles and interest in the said flat
situated at________________and to hold the same as the absolute owner
alongwith all furnitures and fixtures standing thereon. And the first
party do hereby declare that the said premises is and has been the
exclusive property of the second party with effect from___________.
That
the first party, does hereby declare that the second party is entitled
to have his name incorporated as the owner of the said flat in the
records of the society by transferring share, title and interest in his
name. And the first party will do every such assurance or thing for
further or more perfectly assuring the property released to the second
party as may be reasonably required.
IN WITNESS WHEREOF the parties hereto have executed this instrument on the date, first hereinabove mentioned.
