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Will, Sale Deed, Agreement to Sell and Purchase, General Power of Attorney, Special Power of Attorney, Partnership Deed, Deed of Dissolution of Partnership

 

AGREEMENT TO SELL & PURCHASE

 THIS DEED OF AGREEMENT TO SELL & PURCHASE is made at _____________ on this ______ day of __________ between:

 

________ aged about ____ years, son of _________ permanent resident of ________.

(Wherever the context may so admit includes his legal heirs, successors, legal representatives, executors, administrator and assigns) hereinafter be referred to and called as the Party of the FIRST PART;

AND

 

_________ aged about _____ years, son of _____________ permanent resident of ________.

(Wherever the context may so admit includes his legal heirs, successors, legal representatives, executors, administrator and assigns) hereinafter be referred to and called as the Party of the SECOND PART to this deed.

 WHEREAS the Party of the First Part is the owner of _______ share in property bearing No. and the same is in exclusive possession of the Party of the _________ Part.

 AND WHEREAS the Party of First Part has agreed to sell, transfer and convey his rights, interests, liens and titles in the said property unto the Party of the Second Part for a total consideration of a sum of Rs. _______ (Rupees __________ only). 

AND WHEREAS the Party of the Second Part has agreed to purchase the same from the Party of the First Part on the basis of certain declarations, statements, assurances, facts made by the Party of the First Part and any other fact/ defects, material or immaterial relating to or connected with the said property which the Party of the First Part is bound to disclose to the Party of the Second Part and which former is and later is not aware and which the later could not with ordinary case, discover, the Party of the Second Part has placed reliance on the truth of all such statements, declarations, assurances etc. etc. made by the Party of the First Part as such Party of the Second Part has agreed on the following terms and conditions of this agreement: 

NOW THIS AGREEMENT WITNESSES AS UNDER: -

 1.      That the entire consideration amount of the rights, interests, liens and titles of the Party of the First Part in the said property is fixed between the parties at Rs. ________ (Rupees __________ only).

 2.      That the Party of the First Part has received from the Party of the Second Part a sum of Rs. _______ (Rupees _________ only) as _______ payment under a separate legal receipt prior to the execution of this agreement and the receipt whereof the Party of the First Part hereby confirms and acknowledges.

 3.      That the Party of the Second Part is already in the exclusive physical possession of the said flat and he is also in the possession of all the documents concerning the title of the said flat.

 4.      That the Party of the First Part has assured the second party that the said property is free from all sorts of encumbrances i.e., mortgages, court injunctions, attachments, disputes, gifts, wills, exchanges etc., and if it is ever proved otherwise, the Party of the First Part shall be liable and responsible for the same.

 5.      That the Party of the First Part shall not have any right, interest or lien on the said property henceforth and the Party of the Second Part shall be its sole owner henceforth for all intents and purposes.

 6.      That henceforth Party of the Second Part shall be liable and responsible for all the dues and demands in respect of the said property. However, if any dues in respect of the said property are found to be outstanding prior to execution of this deed the same shall be borne and paid by the Party of the First Part and Party of the Second Part equally.

 7.      That all the expenses on the transfer of the said property shall be borne by the Party of the Second Part.

 8.      That the Party of the First Part has assured to and agreed with the Party of the Second Part that this agreement shall have become binding on both the parties from the date of execution hereof. It shall be in force till the said property is finally transferred in the name of the Party of the Second Part or his nominee or his purchaser in the records of the competent authorities.

 9.      That from now onwards, the Party of the First Part shall neither let out/ sub-let nor shall further resell, mortgage, lease, surrender or otherwise howsoever alienate the said half share in the said flat to any other person(s) except the Party of the Second Part.

 10.  That the Party of the First Part shall promptly co-operate with the Party of the Second Part and shall execute/ register all documents, forms, or other formalities as may be prescribed by any authority or officer to be designated by any competent authority.

 11.  That the Party of the First Part shall not raise any objection as to the regularity of any sale or other disposition of the said property in any manner whatsoever and to whomsoever made by the Party of the Second Part in future.

PROVIDED ALWAYS that nothing herein before or after contained in this agreement shall be deemed to negative, qualify or otherwise prejudicially affect the rights of the Party of the Second Part relating to or connected with transaction or PROVIDED ALWAYS that this Agreement does not prejudice the rights or remedies of the Party of the Second Part against the Party of the First Part irrespective and independent of this agreement, in respect of any other document made or to be made by the Party of the First Part in favour of the Party of the Second Part.

 12.  That the Party of the First Part hereby agrees to abide by and shall be bound by the terms of this agreement notwithstanding any changes in the Constitution, enactment or enforcement of law or Act in force or to be enacted.

 13.  That if the Party of the Second Part desires to sell the said property to some other party, the first party shall execute, sign and deliver all documents which might be required for the smooth transfer of the said property in favour of the third party.

 14.  That if the Party of the First Part infringes the terms and conditions of this agreements, the Party of the Second Part shall be entitled to get implementation thereof effected through court of law by specific performance of this agreement or any other law for the time being in force, at the costs and risks of the Party of the First Part.

 IN WITNESS WHEREOF, the parties hereto have set their respective hands on these presents on the date, month and year here in above first mentioned in the presence of the following witnesses:

 PARTY OF THE FIRST PART

PARTY OF THE SECOND PART

Witnesses:                                                                   

1.______________________                       

  ______________________

2.______________________ 

_______________________

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Last Updated: 18 July 2010