umesh
23 May 2015 at 22:15
SIR,
i Wish to purchase a house and the sample agreement is as below. Please tell me sample 1 or 2.
or TO MODIFY THE 1st one.
regards
umesh halkar
AGREEMENT FOR SALE
This agreement made at Mysore on this day of 28th May 2015 between , Resident of No.255, 1st Stage, Kessare, Rajendranagar, Mysore – 570 007 (herein after called the seller) of the one part and Mr.Umesh________, resident of _______________________________ (hereinafter called the purchaser) of the other part:
Witnesseth as follows:
1. That the seller agrees to sell and the purchaser agrees to purchase for a sum of Rs_____________ (Rupees_________________) House No.39, Aishwarya Royal Residential Layout, Rajarajeshwari Nagar, Bogadi Village, Kasaba Hobli, Mysore – 570 017 (Land mark – Christ Public School) owned and possessed by the seller as an absolute owner and situated on Sy No 275/1, 276/2 & 277 Bhogadi Village, Kasaba Hobli, Mysore and bounded as follows:—
North : House No.40
South : Site No.38
East : Site No.30
West : 12 Mtr Road
containing admeasurement of East to West 12.00 Mtrs & North to South 9.00 Mtrs, in all 108 Sq. Mtrs of land together with all buildings, structures, other rights, easements and privileges enjoyed therewith.
2. That Rs (Rupees……..) have been paid as earnest money by the purchaser to the seller by means of Cheque/Demand Draft No……. dated drawn on and the balance of Rs_____________ (Rupees…….. ) shall be paid at the time of the execution of the sale-deed.
3. That the sale-deed shall be executed on or before the 28th July 2015 whereupon the purchaser shall be entitled to immediate possession of the property sold to him.
4. That the seller shall guarantee his sole and absolute title in the property to be sold and shall enter into all the usual covenants.
5. That the property sold is free from any encumbrances other than a Bank loan from IDBI Bank of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) which shall be taken over by the Purchaser at the time of execution of the sale deed.
6. That in case the seller is unable to prove the marketable title that he has agreed to sell to the purchaser in the property agreed to be sold, it shall be open to the purchaser to cancel this agreement and to demand the return of the earnest money paid by him, and which shall be immediately returned by the seller.
7. That all expenses relating to the property up to the date of the completion of the sale shall be paid by the seller, and thereafter by the purchaser, and that all rents, profits and income up to that date shall be taken by the seller and thereafter by the purchaser.
8. That if the purchaser makes default in the performance of any of the conditions to be performed by him under this agreement, then the seller shall be entitled to forfeit the whole of the earnest money of Rs………….….paid to the seller; and that the seller shall be further entitled at annul this agreement.
9. That all expenses incurred with respect to the execution of the sale deed, including but not limited to the Registration Fee shall be paid by the seller.
10. As the original title deed and all other house and land related documents are in the Custody of the IDBI Bank, and the loan is being taken over by the Purchaser, the title deeds of the property along with all other house & land related documents shall be handled mutually between the IDBI Bank and the purchaser
11. That this agreement shall bind the above parties and their respective heirs, representatives and assigns.
In witness whereof the seller and the purchaser have here unto set and subscribed their respective hands /signatures in the presence of:
WITNESSES
1………………… Signature of the seller……………………………….
2………………… Signature of the purchaser…………………………..
Sale | By VakilNo1
Agreement for Sale of a House
THIS AGREEMENT of sale made at ……………… on this ………….. day of ………………. 2000, between A son of ………………… resident of ……………… hereinafter called the vendor of the ONE PART and B son of …………………………. resident of ………………………… hereinafter called the purchaser of the OTHER PART.
WHEREAS the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder:
AND WHEREAS the vendor has agreed to sell his house to the purchaser on the terms and conditions hereafter set-forth.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
(1) The vendor will sell and the purchaser will purchase that entire house No………………….. Road …………………. more particularly described in the Schedule hereunder written at a price of Rs. …………….. free from all encumbrances.
(2) The purchaser has paid a sum of Rs. …………….. as earnest money on ……………………. (the receipt of which sum, the vendor hereby acknowledges) and the balance amount of consideration will be paid at the time of execution of conveyance deed.
(3) The sale shall be completed within a period of……… months from this date and it is hereby agreed that time is the essence of the contract.
(4) The vendor shall submit the title deeds of the house in his possession or power to the purchaser’s advocate within one week from the date of this agreement for investigation of title and the purchaser will intimate about his advocate’s report within ……………. days after delivery of title deeds to his advocate.
(5) If the purchaser’s Advocate gives the report that the vendor’s title is not clear, the vendor shall refund the earnest money, without interest to the purchaser within …………….. days from the date of intimation about the advocate’s report by the purchasers. If the vendor does not refund the earnest money within ………………. days from the date of intimation about the advocate’s report, the vendor will be liable to pay interest @ ……………. p.m. upto the date of repayment of earnest money.
(6) The vendor declares that the sale of the house will be without encumbrances.
(7) The vendor will hand over the vacant possession of the house on the execution and registration of conveyance deed.
(8) If the purchaser commits breach of the agreement, the vendor shall be entitled to forfeit the earnest money paid by the purchaser to the vendor and the vendor will be at liberty to resell the property to any person.
(9) It the vendor commits breach of the agreement, he shall be liable to refund earnest money, received by him and a sum of Rs. …………….. by way of liquidated damages.
(10) The vendor shall execute the conveyance deed in favour of the purchaser or his nominee as the purchaser may require, on receipt of
the balance consideration.
(11) The vendor shall at his own costs obtain clearance certificate under section 230A, Income tax Act, 1961 and other permissions required for the completion of the sale.
(12) The expenses for, preparation of the conveyance deed, cost of stamp, registration charges and all other cut of pocket expenses shall be borne by the purchaser.
Schedule above referred to
IN WITNESS WHEREOF the parties have set their hands to this Agreement on the day and year first here in above written.
Signed and delivered by Shri A…………..
the within named vendor
Signed and delivered by Shri B ………..
The within named purchaser
WITNESSES;
1.
2
CHAITANYA SHARMA
23 May 2015 at 17:19
My grand mother received house property from my late grand father. My grand mother have four sons. Due to family disturbance i want to know? After passing my grand mother, can i claim for the area in which house property is situated, to sale out. how can we use that property in individual way?
Kakuli Sarkar
23 May 2015 at 15:21
What is the proccedure of making a will of a flat and what will be the costings approximately...
Thanks
Raktima
Rupendra Porwal
23 May 2015 at 14:56
We have availed loan of Rs. 10 Cr from consortium of banks and provided security of appx 10 cr( not registered).
Now Lead bank has demanded additional security of 5 cr and agreement/deed assigning rights shall be registered ( as desired by bank) with Registrar of assurance/Dy. Registrar in New Delhi.
Now registrar has demanded registration fee of 10 lakh on agreement/deed being 1% of registration fee on TOTAL LOAN AMOUNT.
We have no problem in paying registration fee of 5 Lakh for registering present agreement/deed assigning assets worth 5 cr.
PLEASE SUGGEST, HWO THIS MATTER SHOULD BE TAKEN UP?
ALSO SUGGEST ANY OTHER MODE, WHEREIN WE CAN SAVE ADDITIONAL REGISTRATION FEE OF 5 LAKH
Madhu Mittal
23 May 2015 at 11:59
Respected Sirs,
I have seen Respected sir Makkar opinion at below thread:
http://www.lawyersclubindia.com/experts/Is-it-necessary-to-Get-Probate-of-a-Will-In-Rajasthan--58796.asp#.VI0BDdKUdr0
Yes. It is mandatory in Rajasthan even.
Whereas Respected sir s.subramanian has opined at below thread:
http://www.lawyersclubindia.com/experts/Probate-of-Will-131021.asp#.VIzZetKUdr0
dear Bretheren,
I beg pardon for this belated reply. first of all,I would like to clarify that probating of wills is not compulsory at all under Sec.57 of the Indian Succession Act,if they are executed outside the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. So,if a will is executed in the places abovesaid the need for probating the same will arise. this has been explained very well in the judgment of the Supreme Court of India in Clarence Pais Vs Union of India (AIR 2001 S.C. 1151). A combined readng of Sec.57 and 213 of the Indian Succession Act would show that where the parties to the will are Hindus or the properties are not in territories falling under Sec.57 (a) and (b),Sec.213(2) applies and Sec.213(1) has no application. As a consequence,a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories.
With the amendment brought to the Indian Succession Act,1925 by the Indian Succession(Amendment )Act,2002 Act 26 of 2002 which came into effect on 27.5.2002, the wills executed by Indian Christians have also been taken outside the purview of Sec.213 of the IS Act. Hence there is no need for probating the wills of Muslims and Indian Christians. With regard to Hindus also the need for probate is limited to the areas set otu in Sec.57 of IS Act. Hope I clarified the issue.
thanks
S.Subramanian.
Opinion at below thread by Respected sir Sh Hemant Agrawal :
http://www.lawyersclubindia.com/forum/Registered-Will-is-probate-must-10323.asp#.VVb7Prmqqko
4. The issue of "Probate" is a state law AND in some states, the state govt's have exempted the probation of "will" (eg. rajasthan). However all the "presidency towns" of India, have to compulsorily "probate" the will for execution purposes (eg. Bombay, Delhi, Madras, Calcutta etc...)
So please guide whether it is mandatory or not to get will probated in Rajasthan.
arun kumar
23 May 2015 at 09:59
Sir,
One of my neighbor who is joint owner of a flat in co operative society seeking information on following points.
1) He is a Nepali who since his childhood working as a maid in the house of first owner who is a Parsi. After his marriage the first owner had purchased this flat and registered the documents jointly, in which Parsi being the first and Nepali being the second owner.
2) As the flat is in exclusive use of the second owner i.e. Nepali & The first owner is willing to transfer his share in the name of second owner i.e. Nepali. The first owner had made an RELEASE DEED in favour of the second owner.
3) The society is now objecting stating that this cannot be processed as both are from other religions and the release deed or gift deed can be issued to a person who is in blood relation.
Please provide remedy.
Mahesh Prajapati
22 May 2015 at 23:12
for a pagdi chawl room, there is a dispute among two brothers who are now settling the issue among themselves. But now the landlord is asking for 5 lakh to transfer the name on the receipt. Is it legal for her to demand money? is there any way out?
prerna
22 May 2015 at 22:26
I have suit going on in which my tenant is not giving me possession of the property despite agreement expired.he is asking for 8 lacs which he gave to my husband.me d my husband don't live together d property is in my name.cour has also passed decree of possession in my favour as no documents were presented showing wife has taken loan d know I have applied for execution.know the tenant has filled permanent injunction and recovery of 8 lacs in separate suit but with same judge.will injunction affect my decree of possession . Will execution go ahead
navin
22 May 2015 at 22:12
i am planning to buy a site (30x40)which is formed in Survey number.i have obtained a RTC of the Survey number to ensure the owner.and the owner name was reflecting in RTC, but my concern here is since the site which i am planning to buy a vacant site, what is the guarantee that the same site was already sold to other person.since RTC rill not show the site owner name. how to proceed in this. in case if i register this site in my name, what are the next steps that i should take so that the old owner should not try selling the same to others as well.
shaheenkhwaja
22 May 2015 at 21:24
My grandparents expired living behind their property without a will, we have our ancestral property in ratnagiri, taluka lanja, village ajnari. We have saat bara utara where my father name is there, now I want to divide that property in my father n his brother name so that my father children n my uncles children can be added in legal heirs name my father has 4 sister from which one sister expired, one is mentally handicap, one is staying separete from husband has no children, one is married stays in Mumbai, n my father one brother expired he was married but wife left him after few days of marriage they have no children.n if the sisters n not interested in that property than what is the process to divide their share between my father n my uncle
Agreement for purchase of house/transfer
SIR,
i Wish to purchase a house and the sample agreement is as below. Please tell me sample 1 or 2.
or TO MODIFY THE 1st one.
regards
umesh halkar
AGREEMENT FOR SALE
This agreement made at Mysore on this day of 28th May 2015 between , Resident of No.255, 1st Stage, Kessare, Rajendranagar, Mysore – 570 007 (herein after called the seller) of the one part and Mr.Umesh________, resident of _______________________________ (hereinafter called the purchaser) of the other part:
Witnesseth as follows:
1. That the seller agrees to sell and the purchaser agrees to purchase for a sum of Rs_____________ (Rupees_________________) House No.39, Aishwarya Royal Residential Layout, Rajarajeshwari Nagar, Bogadi Village, Kasaba Hobli, Mysore – 570 017 (Land mark – Christ Public School) owned and possessed by the seller as an absolute owner and situated on Sy No 275/1, 276/2 & 277 Bhogadi Village, Kasaba Hobli, Mysore and bounded as follows:—
North : House No.40
South : Site No.38
East : Site No.30
West : 12 Mtr Road
containing admeasurement of East to West 12.00 Mtrs & North to South 9.00 Mtrs, in all 108 Sq. Mtrs of land together with all buildings, structures, other rights, easements and privileges enjoyed therewith.
2. That Rs (Rupees……..) have been paid as earnest money by the purchaser to the seller by means of Cheque/Demand Draft No……. dated drawn on and the balance of Rs_____________ (Rupees…….. ) shall be paid at the time of the execution of the sale-deed.
3. That the sale-deed shall be executed on or before the 28th July 2015 whereupon the purchaser shall be entitled to immediate possession of the property sold to him.
4. That the seller shall guarantee his sole and absolute title in the property to be sold and shall enter into all the usual covenants.
5. That the property sold is free from any encumbrances other than a Bank loan from IDBI Bank of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) which shall be taken over by the Purchaser at the time of execution of the sale deed.
6. That in case the seller is unable to prove the marketable title that he has agreed to sell to the purchaser in the property agreed to be sold, it shall be open to the purchaser to cancel this agreement and to demand the return of the earnest money paid by him, and which shall be immediately returned by the seller.
7. That all expenses relating to the property up to the date of the completion of the sale shall be paid by the seller, and thereafter by the purchaser, and that all rents, profits and income up to that date shall be taken by the seller and thereafter by the purchaser.
8. That if the purchaser makes default in the performance of any of the conditions to be performed by him under this agreement, then the seller shall be entitled to forfeit the whole of the earnest money of Rs………….….paid to the seller; and that the seller shall be further entitled at annul this agreement.
9. That all expenses incurred with respect to the execution of the sale deed, including but not limited to the Registration Fee shall be paid by the seller.
10. As the original title deed and all other house and land related documents are in the Custody of the IDBI Bank, and the loan is being taken over by the Purchaser, the title deeds of the property along with all other house & land related documents shall be handled mutually between the IDBI Bank and the purchaser
11. That this agreement shall bind the above parties and their respective heirs, representatives and assigns.
In witness whereof the seller and the purchaser have here unto set and subscribed their respective hands /signatures in the presence of:
WITNESSES
1………………… Signature of the seller……………………………….
2………………… Signature of the purchaser…………………………..
Sale | By VakilNo1
Agreement for Sale of a House
THIS AGREEMENT of sale made at ……………… on this ………….. day of ………………. 2000, between A son of ………………… resident of ……………… hereinafter called the vendor of the ONE PART and B son of …………………………. resident of ………………………… hereinafter called the purchaser of the OTHER PART.
WHEREAS the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder:
AND WHEREAS the vendor has agreed to sell his house to the purchaser on the terms and conditions hereafter set-forth.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
(1) The vendor will sell and the purchaser will purchase that entire house No………………….. Road …………………. more particularly described in the Schedule hereunder written at a price of Rs. …………….. free from all encumbrances.
(2) The purchaser has paid a sum of Rs. …………….. as earnest money on ……………………. (the receipt of which sum, the vendor hereby acknowledges) and the balance amount of consideration will be paid at the time of execution of conveyance deed.
(3) The sale shall be completed within a period of……… months from this date and it is hereby agreed that time is the essence of the contract.
(4) The vendor shall submit the title deeds of the house in his possession or power to the purchaser’s advocate within one week from the date of this agreement for investigation of title and the purchaser will intimate about his advocate’s report within ……………. days after delivery of title deeds to his advocate.
(5) If the purchaser’s Advocate gives the report that the vendor’s title is not clear, the vendor shall refund the earnest money, without interest to the purchaser within …………….. days from the date of intimation about the advocate’s report by the purchasers. If the vendor does not refund the earnest money within ………………. days from the date of intimation about the advocate’s report, the vendor will be liable to pay interest @ ……………. p.m. upto the date of repayment of earnest money.
(6) The vendor declares that the sale of the house will be without encumbrances.
(7) The vendor will hand over the vacant possession of the house on the execution and registration of conveyance deed.
(8) If the purchaser commits breach of the agreement, the vendor shall be entitled to forfeit the earnest money paid by the purchaser to the vendor and the vendor will be at liberty to resell the property to any person.
(9) It the vendor commits breach of the agreement, he shall be liable to refund earnest money, received by him and a sum of Rs. …………….. by way of liquidated damages.
(10) The vendor shall execute the conveyance deed in favour of the purchaser or his nominee as the purchaser may require, on receipt of
the balance consideration.
(11) The vendor shall at his own costs obtain clearance certificate under section 230A, Income tax Act, 1961 and other permissions required for the completion of the sale.
(12) The expenses for, preparation of the conveyance deed, cost of stamp, registration charges and all other cut of pocket expenses shall be borne by the purchaser.
Schedule above referred to
IN WITNESS WHEREOF the parties have set their hands to this Agreement on the day and year first here in above written.
Signed and delivered by Shri A…………..
the within named vendor
Signed and delivered by Shri B ………..
The within named purchaser
WITNESSES;
1.
2