Format of an Agreement of Sale
Querist :
Anonymous
(Querist) 18 December 2009
This query is : Resolved
Respected Raj Kumar Sir,
I am herewith enclosing a Proforma copy of Agreeemnt of Sale for your kind perusal and necessary corrections if any.
As per your advice, i have changed some contents according to you. So plz.verify the same and if you want to change any contents, plz.change it.
Thanks
AGREEMENT OF SALE
THIS AGREEMENT OF SALE is made and executed at Visakhapatnam on this the ………… day of………………, 2006 By and Between:
SRI SHIRDI KUMAR, S/o Sri ……………………………………, aged about ……., years, Occupation: …………………….., Resident of H.No. ………………………..…………………………………………………………. visakhapatnam.
(Hereinafter referred to as the “VENDOR” which term shall mean and include its legal heirs, successors, legal representatives, executors, administrators, successors-in interest and assignees, etc.) Of the FIRST PART.
A N D
MR. VENKATESWAR RAO. S/o ………………….aged about …….years, Occupation: ………………………………resident of H.NO………………………..……….Visakhapatnam.
(Hereinafter referred to as the “VENDEE” which term shall mean and his heirs, successors, legal representatives, executors, administrators, successors-in-interest and assignees, etc.) of the OTHER PART.
WHEREAS the above named VENDOR has purchased an extent of Ac……………. gts, of agricultural land in Survey Nos……….. and ……………, situated at …………………….Village under Gram Panchayat of …………………………….Village, ………………………………Mandal, Visakhapatnam District from Sri……………………………………., under a Registered Sale deed No. ……………………… dt. ……………………of S.R.O. Visakhapatnam. Since then he has been in peaceful possession and enjoyment of the said property.
AND WHEREAS, the VENDOR being in need of funds to clear his hand loans, family needs and necessities has offered to sell the schedule mentioned agricultural lands, @ Rs………………../- (Rupees …………………………………) in total and the Vendee herein has agreed to purchase the same for the said price.
The vendor has received an amount of Rs……………………../- as on today and thus hereby acknowledges and admits the receipt of the said sum.
The VENDOR hereby covenant with the VENDEE on the terms, conditions and stipulations hereinafter enunciated.
NOW THIS AGREEMENT OF SALE WITNESSETH AS UNDER:
1. The VENDOR offers to sell the schedule property more fully described in the schedule annexed hereto and the VENDEE agrees to purchase the same for a total consideration of Rs……………../-.
2. The VENDEE has already paid the entire sale consideration of Rs………………../- (Rupees ……………………) only and the Vendor has duly taken over the aforementioned sale consideration of Rs. /- and nothing remains to be paid by the Vendee to the Vendor.
AND WHEREAS the Vendor has not updated the Revenue records on his name and undertakes to execute the sale deed/s, immediate after receipt of the mutation proceedings from the concerned Revenue Authorities.
3. The possession of the property under agreement of sale of the schedule mentioned property has been handed over by the Vendor to the Vendee and the Vendee has duly taken over the possession of the aforesaid property, after getting it duly measured by a qualified surveyor.
And that the parties to the Agreement of Sale undertake that as and when the Vendee or in case of his death, his legal heirs shall desire the Vendor or in case of his death, his legal heirs shall get the registered Sale Deed , executed.
4. In case, if any un-expected, un-reasonable, un-justifiable or unconditional circumstances that will be occurred causing any damage or damages/loss or in any manner what so ever in respect of the Vendee’s paid amount or causing damage or damages/loss to the schedule property, the Vendors should indemnify such damage or damages to be equivalent to the market value as on the date of dispute.
5 In case, if the Vendor fails to register the sale deed/s in favour of the Vendee or his nominees upon demand made by the Vendee, the Vendee is at liberty to take appropriate steps in registering the Sale deed/s in favour of the Vendee or his nominees.
6. The VENDEE shall bear all the expenses of stamp duty, registration charges, etc. in respect of the Sale Deed (s).
7 The VENDOR shall pay all the land revenue, Panchayat taxes and other dues whatsoever payable to the Government or any local authority in respect of the schedule property up to the date of registration and thereafter the VENDEE shall be liable for the same.
8. The VENDOR assures the VENDEE that he has got good, absolute and full title over the schedule property and that there are no claims, disputes or any pending legal proceedings against or concerning the schedule property or any part thereof in any court of law or before any Revenue Authority and that the schedule property in full or any part thereof was never subjected to any mortgage, charge, lien security or other encumbrances if any whatsoever or any acquisition proceedings by the Government or Revenue Department.
In the event of the VENDEE suffering any loss on account of any defect in the title of the schedule property, the VENDOR undertakes to make good the losses suffered by the VENDEE.
10. The Schedule property is not an assigned land within the meaning of the A.P. Assigned Land (Prohibition of Transfer) Act, Act 9 of 1977.
11. The PARTIES hereto agree to comply with the terms and conditions stipulated time. In the event of any of the PARTIES committing default or breach of the terms, the other party shall have the right to claim specific performance of the contract against the defaulting party.
SCHEDULE OF THE PROPERTY
ALL THAT PIECE AND PARCEL of the above agricultural dry land in S.No……………. admeasuring Ac…………….. gts situated at …………………………….Village under Gram Panchayat of ………………………….. Village, …………………………………Mandal, Visakhapatnam and bounded by:-
EAST : Land of
NORTH : Land of
SOUTH : Lands of
WEST : Lands of
WITNESS WHEREOF the PARTIES hereto have signed this Agreement of Sale of his/their free will and consent on the day, month and year first mentioned above.
V E N DO R
V E N D E E.
WITNESSES:
1.
2.
Raj Kumar Makkad
(Expert) 18 December 2009
it is a perfect performa of agreement but I suggest to wait its execution till the first party obtains mutation in his name. After entry of his purchase in the revenue record shall depose a good faith in the entire agreement. It is found various times that the vendor do not get absolute title from his earlier seller and in this situation the subsequent vendee becomes the
Querist :
Anonymous
(Querist) 21 December 2009
Respected Raj Kumar Sir,
Thanks for giving suitable suggession and also spent your valuable time in this regard.
