Shown below are the
rough and general drafts of documentations. These may be got verified from
legal experts before signing as AAkarashna Realtors
Inc. will not be responsible for any inaccuracies and deficiencies in these.
(M) 09891088944, 9818512450
Email: investments@aakarshna.com,
Website: http://www.aakarshna.com
AGREEMENT TO SELL AND
PURCHASE
Note: This format has been
prepared as applicable to flats. The word "flat" can be substituted
with the type of property for which this document is being executed. Similarly,
the name of the concerned authority can also be changed as applicable. For the
sake of convenience, we have italicized such words.
THIS AGREEMENT is executed
at
The expression of first and
second party shall mean and include their representatives, heirs, successors,
legal representative, administrators, nominees and assigns etc.
WHEREAS
THE FIRST PARTY is the absolute owner / lessee / allottee
and in physical and lawful possession of Flat No. __________,situated at __________ (hereinafter called the said Flat)
category __________, comprising of __________ __________ __________ __________
__________ __________ __________ __________ duly fitted with __________ duly
connected by __________ and allotted by the __________ CO-OPERATIVE GROUP HOUSING
SOCIETY LTD. Built on Plot No. __________ (a Co-operative Group Housing
Society registered with Registrar of Co-operative Society, Delhi/New
WHEREAS A PIECE OF LAND was
allotted to the said society by the Delhi Development Authority for the
construction of Co-operative Group Housing Society Flats for its member
at Plot No. __________, and allotment to First party
was confirmed by
AND WHEREAS THE aforesaid flat
is self acquired property of the first party in which his / her / their
predecessors, heirs, successors, family members or any one else has no right,
title or interest and as such the first party is fully competent to execute
this Agreement and to transfer the aforesaid flat.
AND
WHEREAS the First Party has paid the entire amount of the aforesaid flat
towards the cost of land to the DDA and cost of construction to the
society concerned.
AND WHEREAS THE total deal
has been finalized for a sum of Rs. __________/-
(Rupees __________ __________ __________) and the said sum have been received
by the First Party from the Second Party with the following break up.
1.
Rs. __________/- (Rupees ____________________
__________) vide cheque/draft/pay order/__________ dtd __________.
2.
Rs. __________/- (Rupees ____________________
__________) vide cheque/draft/pay order/__________ dtd __________.
3.
Rs. __________/- (Rupees ____________________
__________) vide cheque/draft/pay order/__________ dtd __________.
Total consideration has
been received by the First party from the Second party at the time of execution
of transfer document/sale deed.
NOW THIS AGREEMENT
WITNESSESTH AS UNDER:-
1.
That the aforesaid amount has been received by the First Party due to
urgent needs and to fulfill the bonafide
requirements, from the Second Party.
2.
That the physical and vacant peaceful possession of the said Flat
has been delivered by the First Party to the Second party on the spot along
with water and electricity connection and electric fittings etc.
3.
That henceforth the first party admits and acknowledges that he/she has
not been left with any right, title and interest in the said Flat and the
second party has become its sole and absolute owner from the date of execution
of this agreement.
4.
That the Second Party shall realize all the rents and profits of the
said flat have been handed over to the Second party by the First Party.
5.
That the Second party or its nominee on behalf of the First Party shall
apply to the DDA and/or such other authority such as the aforesaid Co-operative
Group Housing Society Limited for the transfer/conversion of the said flat
in favour of the Second Party and shall obtain all
the necessary permission/approvals subject to the purchaser paying/providing
the unearned increase if any payable to the DDA on account of such
transfer/conversion which shall be in addition to the aforesaid agreed sale
consideration and hence the First Party will execute proper sale deed(s) for
his/her/their nominee within a period of one month from the date of grant of
sale permission/approval and get the same registered on the office of
Sub-Registrar Delhi/New Delhi or such other authority or authorities that
may be empowered in this regard.
6.
That the First Party assures the Second party that the aforesaid flat/property
is free from all sorts of encumbrances such as prior sale, gift, mortgage,
litigation and dispute, previous contact, power of attorney, will etc., and if
this fact is found otherwise, then the First Party will be liable and
responsible to indemnify the losses thus suffered by the Second Party.
7.
That the Second Party will pay all the lease money, house tax, bills or
any other dues and demands of the concerned authority(s) as and when demanded
by the authorities concerned after the execution of this Agreement.
8.
That the second Party shall obtain all the permissions, necessary
approvals to complete the sale transaction including the following:-
9.
Permissions from the DDA to transfer the aforesaid flat/property
in favour of the Second party or his/her/their
nominee (s) at the cost and expenses of the Second party.
10. Permissions from the
Competent Authority under the
11. Or any other permission
that may be required to transfer the said Flat/Property in favour of the Second party at the time of the registration
of the sale deed at his/her/their own cost except that the unearned increase,
stamp duty, registration charges, conveyancing etc.
shall be paid and borne by the Second Party and in that event the First Party
shall not make any further claim, demand and objection whatsoever. But the
First Party would provide necessary help, would
provide necessary information and sign and execute required papers/documents if
so required by the concerned authority to do all or any of the acts mentioned
in point no.9.
12. That if in case the
aforesaid flat is transferred/ registered in favour
of the Second Party or the lease hold rights in respect of the aforesaid flat
are declared as freehold due to change of Government policy, then the First
Party shall have no right to object and shall not make any further claim,
demand etc.
13. That the First party has
also executed and have registered General Power of Attorney and special power
of attorney(s) in favour of Shri./Smt./Kumari
____________________ Son/Daughter of Shri. __________
& (2) Smt. __________ & Resident of
__________ __________ and all the aforesaid documents shall not be revoked or
cancelled by First Party any circumstances whatsoever.
14. That the First Party shall
also be entitled to transfer the aforesaid flat/property to anybody else
and First Party shall have no objection.
15. That till this date, no
lease deed/sub-lease deed has been executed by the DDA and if in any
case such documents is to be executed then the Second Party will get it
registered through attorney on behalf of the First Party who shall sign all the
necessary documents and shall obtain the documents for his/her/their own use.
16. That in case the First
Party does not perform its part of the Contract then the Second Party shall be
entitled to enforce this contract by way of specific performance the
appropriate court at the risk and cost of the First party.
17. That all the dues, demands
and outgoings prior to the date of execution of this agreement shall be paid
and borne by the First Party and thereafter by the Second Party.
18. That it has been agreed
upon by the parties that the First Party shall keep the Second Party
indemnified and free from all losses/damages which may be suffered, incurred,
undergone and/or sustained by the Second Party due to any act done in past or
in future by the First Party in respect of the said membership/flat/property
and the leasehold right of the land underneath it, and if the title of the
property is found to be defective one.
19. That the Second Party shall
have the full right of conversion of the said Flat from the lease hold
to freehold and to make application, indemnity bond, undertaking, affidavit
etc. to the concerned authorities for the same.
20. IN WITNESS WHEREOF BOTH THE
PARTIES have subscribed their respective hands on these
presence on the place, date, month and year first above mentioned in the
presence of the following witnesses.
WITNESSES:
1.
FIRST PARTY
2.
SECOND PARTY
Shown above are the rough and general drafts
of documentations. These may be got verified from legal experts before signing
as AAkarashna Realtors Inc. will not be responsible
for any inaccuracies and deficiencies in these. (M) 09891088944, 9818512450
Email: investments@aakarshna.com,
Website: http://www.aakarshna.com