Draft / model farm land sale agreement

skvelu (Querist) 23 August 2011 This query is : Resolved
Sir,

Can any one provide a model / draft farm land sale agreement and maintenance agreement

Follow Query

Report Abuse

Advocate Rajkumarlaxman (Expert) 23 August 2011
AGREEMENT FOR SALE
THIS AGREEMENT made at ________ (city) on the __ day of ______ (year)
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") (hereinafter referred to as "the said Flat"
and which is more particularly described in the schedule to this agreement;) belonging to ______________ Cooperative
Housing Society Limited situated and he/she is the member of the ______________ Co-operative Housing
Society Limited, registered under Serial No._________ of _____ (hereinafter referred to as "the said Society") and
as a member and 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 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, including his right, title and interest in the said Flat for a total consideration of________/- (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:
1. 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.
2. The said consideration will be paid by the Purchaser to the Vendor as follows: that is to say:
a.________/- (Rupees_________________________ only) paid on or before execution of this agreement as Earnest Money (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); and
b. the Balance consideration of________/- (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.
3. 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 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.
4. 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.
5. 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.
6. The Vendor has represented to the Purchaser :-
a. that the Vendor has paid all the dues and outgoings in respect of the said Flat up-to-date.
b. that the said Flat is free from all encumbrances.
c. 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.
d. 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 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.
e. 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 his 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.
f. 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.
7. 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.
8. 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.
9. That the Vendor declares that his Membership of the said Society is subsisting and is in full force and has not been terminated.
10. 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.
11. 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.
12. 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_________/- (Rupees ________________________ only).
13. The Vendor doth hereby undertake to do and to execute all acts, deeds, matters and things as and when it is 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.
SIGNED AND DELIVERED by the }
withinnamed "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________/- } (Rupees _____________ only) as } earnest money for
the transfer/purchase } of the said Flat/said Shares. }
WITNESSES I say Received
1.
2.
Vendor
SCHEDULE OF PROPERTY

skvelu (Querist) 23 August 2011
sir, you have furnished draft agreement for sale of residential flat. what i look forward is a agreement for sale of a farm land. Kindly provide me

Advocate Rajkumarlaxman (Expert) 23 August 2011
yes sure i am sending it

Advocate Rajkumarlaxman (Expert) 23 August 2011
AGREEMENT FOR SALE5
THIS AGREEMENT FOR SALE is made and executed on this _______ day of
___________month of _____________ year at ___________
BETWEEN Smt./Sri.__________________________ W/o. / Sri.______________
aged _____ years residing at ___________________________________
hereinafter called the “SELLER” (which expression shall mean and include her
legal heirs, successors, successors-in-interest, executors, administrators, legal
representatives, attorneys and assigns) of ONE PART.
AND
Smt./Sri.__________________________ W/o. / Sri.______________ aged _____
years residing at ___________________________________ hereinafter called the
“PURCHASER” (represented by his _____________ as power of attorney holder)
which expression shall mean and include his heirs, successors, executors,
administrators, legal representatives, attorneys and assigns) of the OTHER PART.
WHERE AS THE SELLER is the absolute owner in possession and enjoyment of
the agricultural land bearing R.S.No.______________________
measuring East to West _____ feet and North to South _____ feet which is
morefully described in the schedule hereunder and hereafter called the
“SCHEDULE PROPERTY”.
2WHERE AS the schedule property is the self acquired property of
Sri.______________ vide registered Sale deed bearing No.________ Volume
No.______ Page _____ to ______ dated ________ registered at Sub-Registrar’s
Office, _________________. He having acquired the same without any aid or
assistance from his family of any quarters/ built the schedule property entirely
with his own earnings.
2WHEREAS said Smt./Sri._____________________ bequeathed the entire
schedule property in favour of SELLER _________________ a will dated
________ / a registered will bearing No._________ Book III, Volume ____
Page_____ to _____ dated ___________ registered at Sub-Registrar
Office,___________________.
WHEREAS there are no encumbrances, liens, charges, Government dues,
attachments, acquisition, or requisition, proceedings and whereas the SELLER has
clear and marketable title to the Schedule Property and he/she has absolute power
to convey the same.
2
WHEREAS the SELLER being in need of funds for the purpose of
__________________________________________________________________
has decided to sell the schedule prope rty after obtaining consent of his wife/her
husband, sons and daughters.
WHEREAS the SELLER offered to sell and transfer the schedule property to the
PURCHASER for a sale consideration of Rs.____________
(Rupees_________________ only) and the PURCHASER herein has agreed to
purchase the same for the aforesaid consideration on the following terms and
conditions:
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. The Sale Value of the Schedule Property is fixed at Rs.___________
(Rupees_____________________only).
2. The PURCHASER has paid a sum of Rs.___________
(Rupees_____________________only) by cash/cheque/D.D. bearing
No.____________ drawn on __________ dated ________ as advance, the
receipt of which sum the SELLER does hereby acknowledges.
3. The balance payment of Rs.___________
(Rupees_____________________only) will be paid by the PURCHASER to
the SELLER at the time of execution of the Absolute Sale Deed and thus
complete the Sale transaction.
4. The parties herein covenant to complete the Sale transaction and to execute the
Absolute Sale Deed by the end of_________________.
5. The SELLER confirms with the PURCHASER that he/she has not entered into
any agreement for sale, mortgage or exchange whatsoever with any other
person relating to the Schedule Property of this Agreement.
6. 3SELLER agrees to put the purchaser in absolute and vacant possession of the
schedule property after executing the sale deed and registering the same in the
jurisdictional Sub-Registrar’s office.
7. The SELLER covenants with the purchaser that he/she shall not do any act,
deed or thing creating any charge, lien or encumbrance in respect of the
schedule property during the subsistence of this Agreement.
8. The SELLER has specifically agreed and covenants with the PURCHASER
that he/she shall do all acts, deeds and things which are necessary and requisite
to convey absolute and marketable title in respect of the schedule property in
favour of the PURCHASER or his nominee.
9. IT IS AGREED between the parties that all expenses towards Stamp Duty and
Registration charges shall be borne by the PURCHASER only.
10. The SELLER covenant to obtain at her cost necessary permission from the
competent Authority, Income Tax Clearance Certificate and such other
Certificate / Document as may be required at the time of Registration of Sale
Deed in pursuance of this Agreement.
3
11. The PURCHASER shall have the right to nominate or assign his right under
this agreement to any person / persons of his choice and the SELLER shall
execute the Sale Deed as per terms and conditions of this Agreement in favour
of the PURCHASER or his nominee or assignee.
12. The SELLER has agreed to get consent deed duly executed to this Sale
transaction from his wife/her husband, sons and daughters on or before date of
registration of Sale Deed and assured that they all join to execute sale deed in
favour of the purchaser.
13. It is hereby expressly provided and agreed by the parties here to that both
parties are entitled to enforce specific performance of the agreement against
each other in case of breach of any conditions mentioned in this Agreement.
14. The original of the “AGREEMENT” signed by both the parties shall be with
the PURCHASER and copy of the same similarly signed shall be with the
SELLER.
SCHEDULE
All the piece and parcel of 1___________ property bearing No.____________
situated at ___________________________________ measuring East to West
________ feet (_________ feet) and North to South _______ feet
(___________feet) in all ___________ sq.ft. or ___________sq.mtrs. and
bounded on:
NORTH : By _______________
SOUTH : By _______________
EAST : By _______________
WEST : By _______________
4Details of the Building:
i) Plinth area of the building
ii) Type of Roof.
iii) Type of flouring.
iv) Type of wood used.
v) Amenities available.
vi) Year of construction.
4
IN WITNESS WHEREOF the SELLER and the PURCHASER have signed this
Agreement of Sale on the day month and year herein above mentioned in the
presence of the following witnesses at ________________.
WITNESSES:
1. SELLER
2. PURCHASER

Advocate Rajkumarlaxman (Expert) 23 August 2011
AGREEMENT OF SALE

THIS AGREEMENT OF SALE IS MADE on this 13th day of March 2009 at Belgaum, BETWEEN: 1) SHIVAJI KALLAPPA KADOLKAR Age:Major, Occ:Agriculture, R/o: Kangral Galli, Belgaum, Represented by his General Power of Attorney Holder MR. IMTIYAZ NOORAHMED BHADKALI, Age: Major, Occ: Business, R/o: Shri Nagar, M. M Extension, Belgaum 2) SMT. SARASWATI ANANT KADOLKAR, Age: Major, Occ: Household, R/o: Kangrali [Bk] Belgaum, 3] SHRI.ANIL ANANT KADOLKAR, Age: Major, Occ: private Service/Painter, R/o: Kangrali [Bk] Belgaum, 4] SHRI. PRADEEP ANANT KADOLKAR, Age: Major, Occ: private Service, R/o: Kangrali [Bk] Belgaum 5] Sou. VIDYA PAYAPPA KUNDEKAR, Age: Major, Occ: Household, R/o: Bhagya Nagar, Belgaum 6] SHRI. SHANKAR KALLAPPA KADOLKAR, Age: Major, Occ: Agriculture, R/o: Kangrali[Bk], Belgaum, Represented by his General Power of Attorney Holder SHRI. (Hereinafter referred to as the “VENDORS”) of the FIRST PART,
AND:
1) Age:.......years,......Occ:................. (Hereinafter referred to as the “PURCHASER”) of the SECOND PART.
WHEREAS, this Agreement of Sale is made in respect of the agricultural property bearing R.S. No. 9/3, assessed at Rs.0 paise 68 situate at Kangrali [Bk], Belgaum, which shall be hereinafter referred to as the “SAID PROPERTY” for the sake of brevity and the same is more clearly and specifically described as the SCHEDULE PROPERTY in this Agreement.
NOW THIS AGREEMENT WITTNESETH AS UNDER
WHEREAS, the Vendors have acquired the absolute and exclusive ownership rights over the said property by inheritance and that, the said property is purchased by the deceased Shri. Kallappa Ningappa Kadolkar during his lifetime. The vendors are in actual lawful possession, peaceful enjoyment and wahiwat of the said property till to-day without any disturbance or objections from anybody.
AND THAT SHRI. SHIVAJI KALLAPPA KADOLKAR, has relinquished his share in the schedule property by virtue of the unregistered document 28/03/1972. But inspite of that his name is appearing in the record of rights relating to the schedule property.
AND WHEREAS, the Vendors have offered to sell the schedule property for their legal necessity and in order to meet their certain financial commitments. As the present Purchaser has offered the highest price, the present Vendors have voluntarily executed this Agreement of sale in favour of the present Purchaser, as per the terms and conditions mentioned hereafter.

TERMS AND CONDITIONS:
1) That, the total consideration amount agreed between the Vendors and the Purchaser in respect of the said property is Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand only), of which an amount of Rs.1,50,000/- is paid as advance money by way of cash. And as the Vendor acknowledge of having received the same by virtue of this agreement no separate receipt is passed in favour of the Purchaser.
2) That, the balance consideration amount shall be paid within Nine months from the date of signing of this agreement and thereafter the vendors shall execute the absolute sale deed before the Sub Regsitrar, Belgaum, in favour of the purchaser or in the name of any such person or persons as suggested by him i.e. the purchaser.
3) The consideration amount specified in this agreement is final and the same is not to be enhanced by the Vendors for any such reasons.
4) The Purchaser shall get the sale deed executed through Court of law, if, Vendors fail to execute the sale deed before the Sub-Registrar, Belgaum, even after receiving the entire consideration amount from the Purchaser.
5) The Vendors shall handover all such necessary documents in original into the custody of the Purchaser as and when required by them for the purpose of raising a loan from any financial institution, financial corporations, banks etc or for any such other purposes viz. for mutating the names etc.
6) The Vendors shall pay and clear-off the loan amount, if any, pertaining to the said property, and if the same is paid by the Vendors then same shall be deducted out of the total consideration.
7) The terms “Vendors” and the “Purchaser” used in this Agreement shall mean and include, their legal heirs, successors in interest, administrators, executants and assigns.
8) Vendors and the Purchaser have entered into this agreement out of their free will, free consent and full knowledge.
9) The expenses of stamp duty, registration charges and all such Misc. Expense pertaining to the sale deed shall be borne by the Purchaser.
10) The contents of this agreement are read over, translated and explained to the parties hereto and to the witnessess in their mother tongue, hence being aware of the same they have voluntarily subscribed their signatures to this agreement.

SCHEDULE PROPERTY
All the piece and parcel of the agricultural land comprised in R.S.No.9/3 having an area of 15 gunthas situate at Kangrali [Bk] Belgaum, within the jurisdiction of the City Corporation, Belgaum, and the Sub-Registrar, Belgaum, is bounded to the:

East by :
West by :
South by :
North by :

IN WITNESS WHEREOF the parties hereto have subscribed their signatures unto this Agreement, on the date, month and year first above mentioned.
1)

2)

3]

4]

5]

6]

WITNESSES VENDORS
1)

2)

PURCHASER

skvelu (Querist) 23 August 2011
At the outset I thank you for responding to my query. Sir, I am looking for a detailed farm land sale agreement with a liability on the part of the seller to maintain the farm, undertake cultivation, and mandatory requirement of the buyer to become member of the farm land buyer etc., - These clauses are not addressed in the draft what you have sent. Is any detailed format is available