transfer of property by way of sale

satya prakash (Querist) 25 January 2011 This query is : Resolved
Sir
I will be highly obliged if any one can suggest me 2-3 standard drafts for sale deed.
Thanking in anticipation
S.Prakash

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A V Vishal (Expert) 25 January 2011
AGREEMENT FOR SALE OF AN APARTMENT

THIS AGREEMENT made at ....................... this .............. day of .............., 2000 between A, son of .............................. resident of ........................ hereinafter referred to as the Vendor of the ONE PART and B, son of ................... resident of .................... hereinafter referred to as the Purchaser of the OTHER PART.

WHEREAS the Vendor is absolutely seized and possessed of the land bearing Plot No............................ situated at ………………….................. and hereinafter referred to as the said land and more particularly described in the Schedule 1 hereunder written;

AND WHEREAS the Vendor proposes to develop the said land and for that purpose obtained permission of the Competent Authority under section ........... of the Urban Land (Ceiling and Regulation) Act vide his Order No ......................... dated .......................;

AND WHEREAS the Vendor has submitted the building plans to the .................... Municipal Corporation, which have been approved by the .................... Municipal Corporation vide letter No ............................ dated ............. subject to certain conditions laid down in the said letter;

AND WHEREAS the Vendor has started the construction of the buildings as per the building plans approved by the .................... Municipal Corporation enclosed herewith at Annexure 1;

AND WHEREAS the Vendor has agreed to sell one apartment on the ............... floor in the building No................. being constructed and having the specifications mentioned in the Schedule 11 hereunder written at a price of Rs ................... (Rupees ................................. subject to the terms and conditions hereinafter appearing.

AND WHEREAS the Purchaser has inspected the documents relating to the land, the order of the Competent Authority, site plans approved by the .................... Municipal Corporation and is satisfied about the Vendor's title to the said property and the site plans of the proposed buildings;

AND WHEREAS the title of the Vendor to the said property has been certified to be clear, marketable and free from encumbrances by M/s. ................................. Solicitors and Advocates................... and a copy of the said title certificate is hereto annexed at Annexure II ;

AND WHEREAS the Vendor has agreed to sell and the Purchaser has agreed to purchase the Apartment No……………..on the............. floor in the building No.................... hereinafter referred to as the said Apartment on the following terms and conditions.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

The Vendor shall construct the said building on the said plot of land, more particularly described in the Schedule 1, in accordance with the plans, designs and specifications approved by the .................... Municipal Corporation and which have been seen and approved by the Purchaser and kept by the Vendor at the office of M/s. ...................... Architects at ......................... for inspection. The Vendor shall be entitled to make such variations and modifications as he may consider necessary or as may be required by the .................... Municipal Corporation of the Government of …………….. or any local authority.

The Vendor agrees to sell and the Purchaser agrees to purchase the Apartment No.......................... on ........... floor in the building No ................ of Carpet Area admeasuring ............. sq. metres as delineated on the plan thereof hereto annexed and marked Annexure Ill and thereon shown surrounded by green coloured boundary line at or for a sum of Rs ........... (Rupees ......................... ). The Purchaser agrees that out of the said amount of Rs ................... to be paid by him to the Vendor, a sum of Rs............ has been paid by the Purchaser to the Vendor on the execution of these presents (the payment and receipt the Vendor doth hereby admit and acknowledge) and the balance will be paid by instalment as follows:

1. Rs .......................... on or before ..........................
2. Rs .......................... on or before ..........................
3. Rs .......................... on or before ..........................
4. Rs .......................... being the final balance on the delivery of
the apartment by the Vendor to the purchaser.

the amounts payable under these presents are not paid within the time stipulated, the Purchaser will be liable to pay interest at the rate of 18% per annum from the due date of payment to the date of payment.

The Vendor shall deliver the possession of the apartment to the Purchaser on or before ................... day of ..............., 2000. The vendor shall obtain the completion and occupation certificate in respect I the said apartment from the .................... Municipal Corporation. The purchaser shall take possession of the apartment within one week of ) a receipt of the notice of the Vendor to the Purchaser that the said apartment is ready for use and occupation and that the completion certificate and occupation certificate has been obtained from the .................... Municipal Corporation;

Provided that the Vendor shall be entitled to reasonable extension time for delivery of possession of the Apartment on the aforesaid ate, if the completion of the said building is delayed on account of non- availability of steel, cement, other building material, water or electric supply or on account of war, civil commotion or act of God or any notice, order, rule, notification of the Government, .................... Municipal Corporation and/or other public or competent authority or on account of non-issue of building completion or occupation certificate - water or electricity connection or on account of any order of any Court affecting the construction work of the building. he Vendor will deliver the possession of the apartment to the Purchaser only if the Purchaser has paid all the amounts payable by him under this Agreement to the Vendor and if he has duly observed and performed all obligations and stipulations contained in this Agreement and on his part to be observed and performed.

The Purchaser hereby declares and undertakes that he shall have no claim, save and except in respect of the said Apartment hereby agreed to be purchased by him and the Vendor shall continue to be entitled to the property in all the structures on the said land, open spaces, parking places, lobbies, staircases, lifts, terrace, etc., until all the apartments are transferred to the purchasers and the Declaration of Deeds of Apartment is executed and the condominium is formed as provided in the ………….. Apartment Ownership Act.

Till the Purchaser takes the possession of the Apartment, the Purchaser shall be liable to pay a sum of Rs . ................. per month as his share on account of rates, taxes, assessments, dues, duties and impositions of any kind or nature whatsoever in respect of the said land or the building constructed thereon or any part thereof payable to the Government of ...................., .................... Municipal Corporation or any other authority and wages of watchmen, sweepers, mali, and other expenses of common benefit. After the Purchaser takes the possession of the Apartment, he shall be liable to contribute proportionate share for common expenses as aforementioned, as decided by the Association of the Apartment Owners from time to time.

The Vendor agrees that he shall comply with the provisions of section 10 of the .................... Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as the .................... Apartment Ownership Flats Act, 1963) and the .................... Apartment Ownership Act, 1970 and shall execute a Declaration as provided by section 11 of the .................... Apartment Ownership Act, 1970 and register it with the Registering Officer under Indian Registration Act and the Purchaser hereby agrees that he shall join and form an association of all the apartments in the said building as contemplated by the .................... Apartment Ownership Act.

The Vendor shall convey and assign all rights, title and interest in each apartment to each purchaser after the completion of building and on receipt of all payments, price, deposits payable by the Purchasers to the Vendor in respect of all apartments/car parking spaces and other premises in the said building.

The Purchaser shall on or before the delivery of possession of the said apartment keep deposited with the Vendor a sum of Rs. ................. towards legal charges, expenses of formation of Association and execution of these presents and other documents a required to be executed. The Purchaser shall also be liable to pay expenses on account of stamp duty and registration charges in respect of the Deed of Apartment.

Any delay or indulgence on the part of the Vendor in enforcing any of the terms of this Agreement or any forbearance or giving time by the Vendor to the Purchaser shall not be considered as a waiver on the part of the Vendor and he shall be entitled to take action against the Purchaser for the breach or non-compliance of any terms and conditions of this Agreement by the Purchaser.

The Purchaser shall not be entitled to let, mortgage, create charge or assign the said Apartment, pending the transfer of apartment, to him without the consent of the Vendor in writing. etc.

The Purchaser shall use the apartment or any part thereof or permit the same to be used only for the purpose of residence and the Purchaser hereby covenants with the Vendor as follows.-

(a) He shall maintain the apartment at his own cost in good tenantable repair and condition from the date of taking over possession of the apartment and shall not do or suffered to be done anything in or to the building in which the apartment is situated, staircase or any passage which may be against the rules, regulations, or bye-laws of .................... Municipal Corporation or any other authority or change/alter or make addition in or to the building in which the apartment is situated and the apartment itself or any part thereof.

(b) He shall not demolish or cause to be demolished the apartment or any part thereof nor at any time make or cause to be made any addition or alteration of whatever nature in or to the apartment or any part thereof.

(c) He shall observe and perform all the rules and regulations which the Association of Apartment Owners may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the apartments therein. The Purchaser shall also observe and perform all the stipulations and conditions laid down by the Association of Apartment Owners regarding the occupation and use of the Apartment in the building and shall pay and contribute regularly and punctually towards the taxes, assessments, dues, duties and impositions, expenses or other outgoings in accordance with the terms of this Agreement.

(13) The Vendor hereby covenants with the Purchaser as under:-

(a) Subject to the Purchaser paying all sums payable to the Vendor under this Agreement and performing and observing the terms and conditions of this Agreement, the Purchaser shall be entitled to peaceably hold and enjoy the Apartment without any interference or obstruction by the Vendor on any person claiming under or in trust for the Vendor.

(b) The Vendor shall maintain a separate account in respect of sums received by the Vendor from the Purchasers of the Apartments as advance or deposit sums received on account of the legal charges and execution of other documents required to be executed, and shall utilise the amounts only for the purposes for which they have been received and after transfer of the said property, the balance amounts shall be paid and transferred by the Vendors to the flat purchasers.

(c) The Vendor shall pay all outgoings, including ground rent, taxes, assessments, dues, duties, impositions and outgoings upto the date of delivery of the possession to the flat owners and transfer of the building is complete.

The Deed of Apartment shall be made and executed by the Vendor, and other persons having any right or interest in the said property.

If before the completion of transfer of the building, the building including the apartment is notified by the Government under the Land Acquisition Act or any other law for the time being in force for acquisition or requisition, the Purchaser shall not be entitled to cancel this agreement and in case of acquisition of the building including the said apartment, the Purchaser shall be entitled to a proportionate part of the compensation if and when awarded by the Government or any other authority. If the said apartment is requisitioned by the Government or any other authority, the Purchaser shall be entitled to the compensation awarded by the requisitioning authority in respect of the apartment.

This Agreement shall not be construed as a grant, demise or assignment in law of the said apartment or of the said land and building or any part thereof.

The Purchaser shall execute a Deed of Declaration in the prescribed form along with or prior to the execution of Deed of Apartment to the effect that he submits his apartment to the provisions of the .................... Apartment Ownership Act.

The Sale of the said Apartment shall be subject to the provisions of .................... Apartment Ownership Act and rules made thereunder.

The Vendor shall be entitled to construct additional building or buildings in the said land, if any additional Floor Space Index (FSI) becomes available before the completion of the transfer of the said )and with buildings and allowed by the .................... Municipal Corporation and the Vendor shall be authorised to sell the same and the Purchaser will not be entitled to any right, benefit or interest on the same.

All notices to be served on the Purchaser as contemplated by this Agreement shall be deemed to have been duly served to the Purchaser by Registered Post A.D. at his address specified below:

Viz ......................................
-------------------------------
……………………………

This Agreement shall be executed in triplicate. The original copy shall be lodged for registration by the Purchaser and the vendor shall admit execution before the Sub-Registrar and the Second and Third copy shall be retained by the Purchaser and vendor respectively. The original copy of this Agreement will be received by the Purchaser from the Registrar as and when ready after registration.

IN WITNESS WHEREOF the parties hereto have hereunto put their respective hands the day and year first hereinabove mentioned.

The Schedule I above referred to
The Schedule II above referred to
Annexure I
Annexure II
Annexure Ill

Signed and delivered by the within named Vendor

Signed and delivered by the within named Purchaser

WITNESSES;
1.

2.

A V Vishal (Expert) 25 January 2011
SALE DEED
(General)
This deed of sale is executed on ________ day of ______________ month of
_____________ year by Sri./Smt.__________________________,
S/o./ W/o.____________________________, occupation____________________,
and aged __________ years, residing
at_________________________________________________________________
_________________________________________________________________.
hereinafter called the "SELLER".1
In favour of
Sri./Smt.__________________________S/o./W/o._________________________,
occupation____________________, aged __________ years, residing
at_________________________________________________________________
_________________________________________________________________.
hereinafter called the "PURCHASER". 2
Whereas, the term SELLER and PURCHASER, unless repugnant to the context
shall mean and include there representatives heirs, successors, executors,
administrators, trustees, legal representatives and assigns.
Whereas, the SELLER herein, is the sole and absolute owner of immovable
property 3
bearing No.___________ known as _____________________ situated
at ________________ and morefully described in the schedule hereunder written
and hereinafter called the schedule property.
Whereas, the SELLER is the absolute owner, having acquired the property, by
____________________ 4
and since then SELLER has been in possession and
enjoyment of the schedule property and paying taxes and levies thereon, as sole
and absolute owner thereof.
Whereas the SELLER herein being desirous of selling the Schedule property due
to the reason 5
____________
Whereas the PURCHASER has agreed to purchase the schedule property in terms
an oral / written agreement for a total sale consideration of Rs.____________
(Rupees________________________________________only) and the purchaser
in terms of aforesaid oral / written agreement agreed to pay the entire sale
consideration at the time of execution of the sale deed.
Whereas in consideration of the purchaser having paid the entire sale
consideration Rs.____________Rupees_____________________________only)
as aforesaid the receipt of which has been duly acknowledged by the SELLER,
who acquits the purchaser from making any further payment towards sale
consideration, the SELLER, as beneficial owner, DOES HEREBY GRANT,
CONVEY, TRANSFER, BY WAY SALE AND ASSIGN unto and in favour of
the purchaser of the schedule property and every part thereof together with the
right, title and interest therein, with all the benefits advantages, concessions,
licenses, hereditaments, easementary rights, equities, claims, demands, privileges,
appurtenances or any other things hidden in the earth belonging to or appurtenant
thereto etc., attached to belonging to and reputed to belong to the Schedule
property TO HOLD, TO POSSESS AND TO ENJOY the same forever free from
all encumbrances, charges, all kinds of mortgage, agreement to sell, court
litigation's and any other statutory charges.
Whereas the SELLER hereby declares and covenants with the purchaser that he is
the sole and absolute owner of the Schedule property and has a clear, legally valid
and marketable title thereto and therefore, an absolute right to sell and convey the
same to the purchaser in terms of this deed. The SELLER further declares that he
has not done any acts, deeds or things so as to curtail, restrict or prejudice his right
to convey or prevent him from selling the Schedule property in terms of this deed.
Whereas the PURCHASER having now paid the entire sale consideration as
detailed below, has requested the SELLER to execute the Sale deed in his favour
and the SELLER has duly agreed thereto.
NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH AS
HEREUNDER:
1. The SELLER hereby confirms that the PURCHASER has paid the entire sale
consideration as under:
a. Amount paid by Cheque No.___________
or in Cash on dated___________ Rs.______________
b. Remaining amount paid by Cheque
or D.D. or Pay order before
Sub-Registrar at the time of Registration
of this Sale deed Rs.______________
Total Rs.______________
(Rupees__________________________________________ only)
Whereas the SELLER hereby further declares that the schedule property is free
from all encumbrances, lien, charge, mortgage, lease, court or other attachments,
lis-pendens, acquisition and requisition proceedings, minor's claims or any other
adverse proceedings or claims from third parties which are in any way
detrimental to the interest of the PURCHASER
Whereas the SELLER hereby assures the PURCHASER that all taxes and levies
on the Schedule property have been paid up to date and arrears if any, till the date
of sale deed shall be duly paid by him and future taxes in respect of the Schedule
property shall be paid by the PURCHASER.
Whereas the SELLER hereby declares and covenants with the PURCHASER that
he shall do or cause to be done all acts, deeds and things which are legally or
reasonably required to be done at the instance of the PURCHASER for morefully
and perfectly assuring the right, title and interest of the PURCHASER in the
schedule property herein conveyed and the PURCHASER shall bear such
expenses.
Whereas the SELLER hereby indemnifies and keeps the PURCHASER or his
successors-in-title fully indemnified against any loss or liability cost or claims,
action or proceedings, if any should arise, at any time in future against him owing
to any defect in or for want of clear and marketable title or due to any defect,
violation or non-compliance of any of the declarations or covenants herein.
Whereas the PURCHASER shall be the sole and absolute owner of the schedule
property with attendant rights of ownership, possession, enjoyment and shall be
entitled to deal with and dispose of the Schedule property as deems fit witho ut any
interference, obstruction or hindrance from the SELLER or any one claiming
under, through or in trust for him.
Whereas the SELLER has this day delivered the vacant possession of the schedule
property to the PURCHASER along with all the available original title deeds and
documents which are in his possession pertaining to or relating to the schedule
property.
SCHEDULE OF THE PROPERTY
(Conveyed under this deed)
All the piece and parcel of immovable property 6 bearing No.____________
Measuring _______________
Bounded by:-
On the East :
On the West :
On the South :
On the North :
Market value of the property conveyed under this deed is Rs._____________
(Rupees____________________________________only).
The Stamp duty is paid on the market value as computed above.
IN WITNESS WHEREOF the parties herein have affixed their respective
signatures to this deed at _______________ on this ______________ day of
______________ year in presence of the witness:
WITNESSES:
1. SELLER
2. PURCHASER
[1
if the seller is represented by his agent such as guardian or general power of attorney holder
or special power of attorney holder, then his full name, occupation, age, address and capacity
under which he represents the SELLER shall be entered]
[2
if the purchaser is represented by his agent such as guardian or general power of attorney
holder or special power of attorney holder, then his full name, occupation, age, address and
capacity under which he represents the purchaser shall be entered]
[3Full details of the property number such as Khata number, street/road with reference to the
local authority records and boundaries shall be furnished. If the land sold is an agricultural land,
details of the survey number, acre, guntas, revenue assessment and boundaries of the land sold
with reference to the revenue records should be furnished. If the property purchased is a Flat /
Apartment details of the property on which the Flat / Apartment is constructed, flat number, floor
number, name of the apartment etc., full details of the property so as to identify shall be
furnished.]
[4Describe whether the ownership is acquired by inheritance or by partition of joint family
property or by release or by gift or by settlement or by will (bequeath) or by sale deed executed
by _______________ registered as document No._____________ of Book No._____, Volume
No._____, Page No.______ in the office of the Registrar or Sub-Registrar]
[5To clear of the debt / for higher education of children / to defray medical expenses / domestic
necessities]
[6Full details of the property number such as Khata number, street/road with reference to the
local authority records and boundaries shall be furnished. If the land sold is an agricultural land,
details of the survey number, acre, guntas, revenue assessment and boundaries of the land sold
with reference to the revenue records should be furnished. If the property purchased is a Flat /
Apartment details of the property on which the Flat / Apartment is constructed, flat number, floor
number, name of the apartment etc., full details of the property so as to identify shall be
furnished.]

A V Vishal (Expert) 25 January 2011
SALE DEED FORM
This deed of sale is executed on this........... day of ..............19 by Sri/Smt...........................
S/o/W/o...............Occupation..............Aged..............years, residing at .....................(Principal), represented
by his agent Sri...........................S/o .......................................Occupation ........................ aged..........
Years, residing at ......................................................by means of a General/Special Powers
of ............................. Attorney dated .....................registered/authenticated as Document
No.......................... of Book IV of Sub Registrar’s Office.............................. Being minor, represented by
father/brother/mother and guardian Sri/Smt................................................ S/o..........................
W/o.................................. Occupation.................................... aged...........years,.......... residing
at............................................. herein after called the 'VENDOR' which expression shall wherever it occurs
in this deed includes his/her heirs, executors, assignees and administrators of one part.
In favor of Sri / Smt.................................S/o. D/o.............................
Occupation.............................aged........... years, residing at ................................ Hereinafter called the
'VENDEE' of other part. Whereas the Vendor is the absolute owner, having acquired the property, which is
more specifically and clearly delineated in the schedule hereto, by inheritance / by partition of joint family
properties/ by release/by gift/by gift settlement/by will/by sale executed by ..............................................and
registered as document No........of............. of Book ...................Volume
No.................Pages..........................in the office of the Registrar / Sub-Registrar........................................
and since then he is in the possession and absolute enjoyment thereof.
(Space for special circumstances)
Whereas the vendor intends to sell away the said property mentioned in the schedule to
clear off debt taken from .................................................................................. to meet marriage
expenses........................../to meet the expenditure on higher education of children/to defray medical
expenses/to meet domestic necessities and whereas the Vendee offered to purchase it for a sum of
Rs.............for which the Vendor accepted and has agreed to sell the same to the Vendee.
Whereas the Vendor had given notice to the Special Officer and Competent Authority, Urban
Land Ceilings..................... Of the intended transfer of the property in favor of the purchaser vide
acknowledgement dated............... And obtained clearance vide permission No....................
(Space for special circumstances if any)
NOW THIS DEED OF SALE WITNESSES :
That in consideration of payment of Rs..............(Rupees ) by cash/by Cheque No. Date: /by
Demand Draft No..................Date.................by the Vendee to the Vendor/paid in the presence of the Sub-
Registrar, the receipt of which the Vendor hereby acknowledges, the Vendor hereby sells, conveys,
transfers and assigns unto the Vendee all his rights, title and interest, claim and demand whatsoever in the
schedule mentioned property and delivers vacant possession thereof to the Vendee to hold the same
absolutely for ever free from all encumbrances, together with all water sources, privileges, easements,appurtenances or any other things hidden in the earth belonging to or appurtenant thereto.
1. The Vender hereby assures the Vendee that the said property is free from all kinds of mortgage
charges, agreements to sell, court litigations and any other statutory charges.
2. The Vendor further covenants with the Vendee that knowingly or otherwise he has not caused or
allowed any distress to be levied on the said property.
3. The Vendor further assures the Vendee that he has got a clear, effectual, subsisting and marketable
title to the said property and absolute authority to sell the same in the manner aforesaid.
4. The Vendor further covenants with the Vendee that if there remains any undisclosed and undischarged
liability in respect of the said property, he shall clear the same and the Vendee is free
there from.
5. The Vendor further agrees to indemnify the Vendee and keep him free from disputes if any raised or
objections made to this conveyance by any one and further should any claim be made or dispute
raised at any time of any one in regard to this sale, the vendor hereby undertakes that he shall, at
his own cost, settle the same and execute or cause to be executed such further acts, deeds and
things as to more fully effectively convey title to the property hereby sold and conveyed to the
Vendee.
6. The Vendor also assures the Vendee that if there remain any liability of taxes or rates for the said
property to the Municipal Corporation / Municipality / Panchayat or other Government of statutory
authorities up to the date of this conveyance, the Vendor shall clear the same and in case the same
are collected from the Vendee, the Vendor shall pay the same to the vendee.
7. The Vendor further assures and covenants with the Vendee that the Vendee and his heirs are
entitled to peacefully and absolutely enjoy the said property without let our hindrance from any
person claiming through him or in trust form him.
8. The Vendee is hereby entitled to get the said property transferred in his name in all Panchayat /
Municipal / Municipal Corporation records and enjoy the same with absolute rights forever.
Schedule
All that piece and parcel of the site/the land measuring Square
yards or acres
Square meters/Guntas / cents in Survey No./T.S.No. together
with the house bearing D.No. with a plinth area of square feet,
situated at covered by ward No
Block No. of Municipal Corporation Area/Municipal Area/
Panchayat Board area and Sub-District and Bounded by :
East :
West :
North :
South :
THE MEASUREMENTS :East to West :
North to South
This is neither an assigned nor a Government land. The market
value of the property is Rs...........