Developers Agreement and sale of ownership Flats froms by Gupta

V5_CH46C

Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 407
63 63 63 63 63
Conveyance for Sale of Flat in a Building having Block of Conveyance for Sale of Flat in a Building having Block of Conveyance for Sale of Flat in a Building having Block of Conveyance for Sale of Flat in a Building having Block of Conveyance for Sale of Flat in a Building having Block of
Flats reserving yearly rent and with mutual covenants and Flats reserving yearly rent and with mutual covenants and Flats reserving yearly rent and with mutual covenants and Flats reserving yearly rent and with mutual covenants and Flats reserving yearly rent and with mutual covenants and
common restrictions and covenants binding all Flat common restrictions and covenants binding all Flat common restrictions and covenants binding all Flat common restrictions and covenants binding all Flat common restrictions and covenants binding all Flat
Owners and Vendors Owners and Vendors Owners and Vendors Owners and Vendors Owners and Vendors
THIS INDENTURE is made this……………. day of ………  20…. BETWEEN A.B.
Ltd. etc. having its registered office at (hereinafter  called ?the Vendors?) of
the One Part and C.D.  of etc. (hereinafter called  ?the Purchaser?) of the Other
part.
WHEREAS :
(1) The Vendors are seized and possessed of ALL THAT the Building
consisting of………. flats…. garages and the gardens and grounds thereof
(all which premises are hereinafter referred to as the ?Building?).
(2) The Vendors have previously sold or intend hereafter to sell the flats
in the Building other than the premises hereby transferred and the Vendors
have in every transfer imposed and intended in every future transfer to
impose the restrictions set forth in the First Schedule hereto to the intent
that any owner for the time being of any part of the building or any flat therein
may be able to enforce the observance of the said restrictions by the owners
or occupiers for the time being of the other flats.
(3) The Vendors have agreed with the Purchaser for the sale  to the
Purchaser of the Property hereinafter described for the consideration and
on the terms  hereinafter appearing.
NOW THIS DEED WITNESSETH as follows :
1. In pursuance of the said agreement and in consideration of the sum
of……………….. paid by the Purchaser to the Vendors (the receipt whereof
the Vendors hereby acknowledge) and of the rent hereinafter reserved and
of the covenants by the Purchaser hereinafter contained the Vendors as
BENEFICIAL OWNERS HEREBY  TRANSFER unto the Purchaser [ALL  THAT piece
or parcel of land shown on the plan annexed hereto and thereon coloured
red TOGETHER WITH the Flat (hereinafter called ?the Flat?) numbered…and
being on the ground floor of the building (including the ceilings of the Flat
but not the floor of the flat above it and the internal and external walls of
the Flat up to the same level)] [ALL  THAT the Flat (hereinafter called  ?the Flat?)
numbered….and being on the First floor of the building (including the floor
and ceilings of the Flat but not the floor of the flat above it and the internal
and external walls between such levels) the situation whereof is shown on
the plan annexed hereto and thereon coloured red] [ALL THAT  the Flat
(hereinafter called ?the Flat?) numbered………….. and being on the top floor
of the building (including the floor of the Flat the internal and external walls408 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
above the same level and the roof of the said building so far as the same
constitutes the roof of the Flat) the situation whereof is shown on the plan
annexed hereto and thereon coloured red] TOGETHER WITH  the garage
(including the land on which it is built) (hereinafter called  ?the Garage?) the
situation whereof is shown on the plan annexed hereto and thereon
coloured blue] [or and the garage (including the land on which it is built)
(hereinafter called ?the Garage?) (including the ceiling of the Garage but
not the floor of the flat above and the internal and external wall up to the
same level)]  TOGETHER ALSO with the easements rights and privileges
mentioned in the Second Schedule hereto subject as therein mentioned
EXCEPT AND RESERVING as mentioned in the Third Schedule hereto and
RESERVING ALSO out of the premises hereby transferred to the Vendors
yielding and paying perpetual yearly rent of Rs……… and a sum computed
annually to the 25th day of December in each year, the first payment being
payable in respect of the period from the date hereof to the 25th  day of
December rent.
2. THE PURCHASER so as to bind the owner for the time being of the Flat
and so that this covenant shall be for the benefit and protection of the
Building and the other flats therein and every part thereof  HEREBY
COVENANTS with the  Vendors and with the owners of the other flats
comprised in the Building that the Purchaser and the persons deriving title
under him will at all times hereafter observe the restrictions set forth in the
First Schedule hereto.
3.  THE PURCHASER HEREBY COVENANTS with the  Vendors that the
Purchaser will at all times hereafter pay the said yearly rent at the times
hereinbefore appointed for the payment thereof.
4. (a) The Purchaser HEREBY COVENANTS with the Vendors  and with the
owners of the other flats comprised in the Building that the Purchaser will
at all times hereafter 😕
(i) [(a)] Keep the Flat (other than the parts thereof comprised and
referred to in paragraphs (ii) and  (v) of clause 5 hereof) and all
walls party walls sewers drain pipes cables wires and appurte-
nances thereto belonging [and the Garage] in good and tenantable
repair and condition and in particular (but without prejudice to the
generality of the foregoing) so as to support shelter and protect the
parts of the building other than the Flat.
(b)  To paint the doors and door frames of the Garage with [two coats
at least of good paint at least once every three years in such colours
as shall be agreed by a majority of the flats comprised in the
Building or failing agreement in the same colours as were previ-
ously used].
(ii) Contribute and pay one equal…part of the coats, expenses,
outgoings and matters mentioned in the Fourth Schedule hereto.Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 409
(iii) So long as the Flat [and/or the Garage] shall not be separately
assessed for water rate pay a due proportion of the water rate
assessed on the Building (excluding any flat or garage in the
Building for the time being separately assessed) such proportion
to be determined by the Vendors on the basis of each flat in the
Building being of equal value and each garage in the Building being
of equal value.
(iv) Insure and keep insured the Flat  [and Garage] against loss or
damage by fire in the full value thereof in the names of the
Purchaser and the Vendors through such agency as the Vendors
shall from time to time specify and whenever required produce to
the Vendors the policy or policies of such insurance and the receipt
for the last premium for the same and in the event of the Flat/and/
or the Garage] being damaged or destroyed by fire as soon as
reasonable practicable lay out the insurance moneys in the repair
rebuilding or reinstatement of the Flat.
(v) Permit the Vendors and other authorised by them with or without
workmen and others at all reasonable times on notice (except in
the case of emergency) to enter into and upon the premises hereby
assured or any part thereof for the following purposes namely : (a)
to repair any part of the Building or adjoining or contiguous
premises and to make repair maintain rebuild cleanse and keep
in order and good conditions all sewers, drain, pipes, cables, water-
courses, gutters, wires party structures or other conveniences
belonging to or serving or used for the same and to lay down
maintain repair and test drainage gas and water pipes and electric
wires and cables and for similar purposes the Vendors or other
person exercising such right (as the case may be) doing no
unnecessary damage and making good all damage occasioned
thereby to the premises hereby assured; (b) to view and examine
the state and condition of the premises hereby assured; and (c)
for the purpose of cutting off the supply of water to the Flat [and/
or the Garage] or any other flat [or garage] in the Building in respect
whereof the Purchase or the occupier of such other flat [or garage]
(as the case may be) shall have made default in paying his share
of the water rate.
(vi) Make good all defects decays and wants of repair of which notice
in writing shall be given by the Vendors to the Purchaser and for
which the Purchaser may be liable hereunder within three months
after the giving of such notice.
(vii) Within one month of the date of every transfer of the premises
hereby assured lease or underlease thereof for a term exceeding
twenty-one years transfer, mortgage, charge, discharge, Order of410 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
Court or other event or document relating to such lease or
underlease to give  notice thereof in writing to the Vendors and in
the case of a document to produce the same to the Vendor?s
solicitor for the time being for inspection.
(b) Provided Always that if the Purchaser shall fail to observe perform
or fulfil the covenants on his part contained in paragraph (a) of this clause
or any of them in any such case and as often as the same shall happen
it shall be lawful for the Vendors but without prejudice to any other remedy
right or power available to the Vendors in respect of such default and
notwithstanding any actual or constructive waiver of any previous cause
or right of entry or re-entry or of any other right or claim on the part of the
Vendors to enter upon the Flat [and Garage] or any part thereof in the name
of the whole and thereafter at the opinion of the Vendors either?
(i) thenceforth to hold posses and enjoy the Flat [and Garage] free
from encumbrances but except but reserving and subject as
hereinbefore; or
(ii) to execute and do such works acts and things (if any) on the Flat
[and Garage] as shall be necessary or proper for repairing
rebuilding or insuring the same in accordance with the covenants
on the part of the Purchaser hereinbefore contained and to remain
in the possession or receipt of the rents and profits thereof or
otherwise all sums of money expended by the Vendors in or about
such works acts and things as aforesaid or in insuring the Flat [and
Garage] and all sums of money due to be contributed and paid by
the Purchaser under sub-paragraph (ii) of paragraph (a) of this
clause together with all costs and expenses occasioned by the
exercise of this power  be fully paid and satisfied.
(c) Provided  further that if the Purchaser shall fail to pay his proportion
of water rate pursuant to sub-paragraph (ii) of paragraph (a) of this clause
the Vendors shall be entitled to cut off the supply of water to the Flat [and/
or the Garage].
5. The Vendors HEREBY COVENANT with the Purchaser as follows :
(i) That the Vendors will require every person to whom they shall
hereafter transfer any flat comprised in the Building to covenant
to observe the restrictions set forth in First Schedule hereto.
(ii) That (subject to contribution and payment as hereinbefore pro-
vided) the Vendors will maintain repair decorate and renew (a) the
main structure and in particular the roof chimney, stacks, gutters
and rainwater pipes of the Building, (b) the gas and water pipes,
drains and electric cables and wires in under and upon the Building
and enjoyed or used by the Purchaser in common with the owners
and occupiers of one more of the other flats and/or garages, (c)Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 411
the main entrances passages landings and staircases of the
Building so enjoyed or used by the Purchaser in common as
aforesaid, and (d) the boundary walls and fences of the Building.
(iii) That (subject as aforesaid) the Vendors will so far as practicable
keep clean and reasonable lighted the passage landings stair-
cases and other parts of the Building so enjoyed or used by the
Purchaser in common as aforesaid and as far as practicable keep
the garden way and other parts of the Building shown on the plan
annexed hereto and thereon hatched red coloured brown hatched
brown coloured yellow and coloured green in good condition and
(as to the garden) cultivation.
(iv) That the Vendors will pay the water rate assessed on the Building
(but not on any flat or garage which is separately assessed).
(v) That (subject as aforesaid) the Vendors will so often as reasonably
required decorate the exterior of the building in such manner as
shall be agreed by a majority of the owners of the flats comprised
in the Building or failing agreement in the manner in which the
same was previously decorated or as near thereto as circum-
stances permit and in particular will paint the exterior parts of the
building usually painted with two coats at least of best quality paint
at least once every three years.
(vi) Provided that the word Building in this clause (except in paragraph
(iv), shall exclude the garages.]
6. (a) The Vendors HEREBY DECLARE that they hold the following as
trustees for the Purchaser and the Vendors and their successors in title as
owners of the other flats and garages, comprised in the Building as well
as for the Vendors and their successors in title as owners of the rent hereby
reserved and other rent reserved on the sale of other flats comprised in the
Building that is to say:
(i) the forecourt garden way and other parts of the Building shown
on the plain annexed hereto and thereon hatched red coloured
brown hatched brown coloured yellow and coloured green subject
to all rights and privileges thereover granted by this transfer and
other transfers of the flats and garages comprised in the Building
granted or to be granted;
(ii) the benefit of the covenants similar to those contained in clause
4 hereof entered into or to be entered into by the transferees of
the other flats and garages comprised in the Building and the
benefit of the right of entry and re-entry similar to those contained
in clause 4 hereof reserved or to be reserved in the transfers to
the transferees of  the other flats and garages comprised in the
Building.412 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
(b) The Vendors HEREBY COVENANT with the Purchaser that the Vendors
will not transfer the rent hereby reserved except by a transfer containing
a covenant by the transferee with the Purchaser and all other Owners of
flats comprised in the Building to observe and perform all the covenants
on the part of the Vendors herein contained (including this covenant).
(c) The Vendors shall remain liable on the covenants on their part
contained in this transfer so long as they shall remain owners of the rent
hereby reserved but on transferring the said rent and appointing the
transferee thereof to be trustee for the purpose of this clause in their stead
the Vendors shall cease to be personally liable on the said covenants.
7. IT IS HEREBY DECLARED as follows :
(i) That every internal wall separating the Flat from an adjoining flat
[and each wall separating the Garage from an adjoining garage]
shall be a party wall severed medially.
(ii) That the expressions ?Vendor? and ?Purchaser? where the context
so admits includes their and his successors  in title and that where
the Purchaser consists of two or more persons all covenants by
and with the Purchaser shall be deemed to be by and with persons
jointly and severally.
(iii) That the word  ?repair? includes the rectification or making good
of any defect in the foundations roof or structure of the Building
notwithstanding that it is inherent or due to the original design of
the building.
(iv) That the reference in this Transfer to any costs, fees, charges,
expenses outgoings or other sums payable or repayable by the
Purchaser to the Vendor or any other person shall include any other
tax payable thereon.
THE FIRST SCHEDULE ABOVE REFERRED TO
Restrictions imposed in respect of the Flat
1. Not to use the Flat nor permit the same to be used for any purpose
whatsoever other than as a private dwelling house in the occupation of one
family only  or for any purpose from which a nuisance can arise to the owners
and occupiers of the other flats comprised in the Building or in the
neighbourhood or for any illegal or immoral purpose.
2. Not to do or permit to be done any act or thing which may render void
or voidable any policy of insurance on any flat or garage in or part of the
Building or may cause an increased premium to be payable in respect
thereof.
3. Not to throw dirt, rubbish, rags or other refuse or permit the same to
be thrown into the sinks, baths, lavatories, cisterns or waste or soil pipes
in the Flat.Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 413
4. No wireless loudspeaker or mechanical or other musical instrument
of any kind shall be played or used in the Flat so as to cause annoyance
to, the owners and occupiers of the other flats comprised in the Building
or so as to be audible outside the Flat between the hours of 11 p.m. and
9 a.m.
5. No signboard plate or placard of any kind shall be put on or in any
window on the exterior of the Flat or so as to be visible from outside the
Flat on clothes or other articles shall be hung or exposed outside the Flat
; no bird, dog or other animal which may cause annoyance to any owner
or occupier of the other flats shall be kept in the Flat; and no dog, cat or
other animal shall be kept in the Flat without the written consent of the
Vendor which consent may be revoked at the discretion of the Vendors.
6. The exterior of the Flat [or Garage] shall not be decorated otherwise
than in a manner agreed to by a majority of the owners of the flats comprised
in the Building or (failing such agreement) in the manner (as near as may
be) in which the same was previously decorated.
7. No vehicle other than a private motor car or private motorcycle shall
be kept in the Garage.
THE SECOND SCHEDULE ABOVE REFERRED TO
Easements rights and privileges included in the Transfer
1. Full right and liberty for the Purchaser and all persons authorised by
him (in common with all other persons entitled to the like right) at all times
by the day or by night and for all purposes in connection with the use and
enjoyment of the demised premises to go pass and repass over and along
with the forecourt shown on the plan annexed hereto and thereon hatched
red and through and along with the main entrances of the Building and the
passages landings and staircases leading to the Flat.
2. Full right and liberty for the Purchaser and all persons authorised by
him (in common with all other persons entitled to the like right) with or
without motor-cars and other vehicles at all times by day or by night and
for all purposes in connection with the use and enjoyment of the demised
premises to go pass and repass over and along the way shown on the plan
annexed hereto and thereon hatched brown.
3. Full right and liberty for the Purchaser and all persons authorised by
him (in common with all other persons entitled to the like right) to use the
forecourt and garden shown on the plan annexed hereto and thereon
hatched red and coloured brown respectively for the purpose of recreation
and (as to the areas marked ?Parking? on the said plan) for the parking of
private motor-cars and motor-cycles only (but not for the purpose of playing
games or for any other purpose) Provided that any vehicle parked in the
area marked  ?Parking? may only be parked for temporary period not
exceeding three hours in any period of twenty-four hours.414 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
4. The right (in common with all other persons entitled to the like right)
to use the part of the premises coloured yellow on the said plan for the
purpose of drying clothes.
5. The right (in common with all other persons entitled to the like right)
to use the part of the premises coloured green on the said plan for keeping
refuse in one closed receptacle (to be provided by the Purchaser).
6. The right to subjacent and lateral support and to shelter and protection
from the other parts of the building and from the site and roof thereof.
7. The free and uninterrupted passage and running of water and soil gas
and electricity from and to the Flat through the sewers, drains and
watercourses cables, pipes and wires which now are or may at any time
hereafter be in under or passing through the Building or any part thereof.
8. The right for the Purchaser with servants workmen and others at all
reasonable times on notice (except in the case of emergency) to enter into
and upon other pats of the Building for the purpose of repairing, cleansing,
maintaining or renewing any such sewers, drains and watercourses,
cables, pipes and wires as aforesaid and of laying down any new sewers,
drains and watercourses, cables pipes and wires in place thereof causing
as little disturbance as possible and making good and damage caused.
9. The right for the Purchaser with servants workmen and others at all
reasonable times on notice (except in the case of emergency) to enter into
and upon other parts of the Building for the purpose of repairing, maintain-
ing renewing, altering or rebuilding the Flat [and/or Garage] or any part of
the Building giving subjacent or lateral support shelter or protection to the
Flat [and/or Garage].
10. The benefit of the Restrictions contained in the transfers of the other
flats comprised in the Building granted or to be granted.
11. All the above easements rights and privileges are subject to and
conditional upon the Purchaser?s contributing and paying as provided in
clause 4 (a) (ii) and the Fourth Schedule of and to this Transfer.
12. The right (subject to the Purchaser?s contributing and paying his
proper share of erection maintenance and running of the television aerial
hereafter referred to such share to be determined by the Vendors) to
connect a television set in the Flat with and aerial erected by or on behalf
of the Vendors Provided that nothing herein contained shall oblige the
Vendors to erect any such aerial.
THE THIRD SCHEDULE ABOVE REFERRED TO
Exceptions and Reservations
There is  excepted and reserved to the Vendors and the owners and
occupiers of the other flats comprised in the Building.Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 415
1. Easements rights and privileges over along and through the Flat [and
Garage] equivalent to those set forth in paragraphs 1,6, 7, 8 and 9 of the
Second Schedule to this presents.
2. Power for the Vendors and their surveyors or agents with or without
workmen and others at all reasonable times on notice (except in case of
emergency) to enter the Flat [and Garage] for the purpose of carrying out
their obligations under clause 5 of this Deed.
There is excepted and reserved the right to erect and maintain a
television aerial or aerials on the roof or in the roof void of the building for
the use of the occupiers of the building and to run wires connecting such
aerial or aerials to the television receiving sets in the flats comprised in the
Building.
THE FOURTH SCHEDULE ABOVE REFERRED TO
Costs expenses outgoings and matters in respect of which the
Purchaser is to contribute
1. The expenses of maintaining repairing redecorating and renewing, (a)
the main structure and in particular the roof chimney, stacks, gutters and
rainwater pipes of the Building, (b) the gas and water pipes, drains and
electric cables and wires in under or upon the Building and serving more
than  one flat or garage therein, (c) the main entrances passages landings
and staircases  of the Building leading to the flats and garages in the
Building, and (d) the boundary walls and fences of the Building.
2. The cost of cleaning and lighting the passages landings staircases
and other parts of the Building so enjoyed or used by the Purchaser in
common as aforesaid and of keeping the forecourt garden way and other
parts of the Building shown on the plan annexed hereto and thereon
hatched red coloured brown hatched brown coloured yellow and coloured
green in good condition and (as to the garden) cultivation.
3. The cost of decorating the exterior of the Building.
4. All rates, taxes and outgoings (if any) payable in respect of the
forecourt, garden way and other parts of the Building shown on the plan
annexed hereto and thereon hatched red coloured, brown coloured yellow
and coloured green.
5.  The cost of insurance against third-party risks in respect of the Building
in such insurance shall in fact be taken out by the Vendors.
6. The hire charge or other expenses paid by the Vendors in respect of
any communal refuse bins provided for the storage of household refuse of
the owners and occupiers of the flats in the Building and the repair and
renewal thereof.
7. All other expenses (if any) incurred by the Vendors in and about the
maintenance and proper and convenient management and running of the
Building.416 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
8. The fees and disbursements paid to any managing agents appointed
by the Vendors in respect of the Building : Provided that so long as the
Vendors do not employ managing agents they shall be entitled to add the
sum of……………….. per cent. to any of the above items for administration.
9. When any repairs redecorations or renewals are carried out by the
Vendors they shall be entitled to charge  as the expenses or costs thereof
their normal charges (including profit) in respect of the such work.
10. In this Schedule the word  ?Building? shall exclude the garages except
in paragraphs, 5, 7 and 8 hereof.
11. Any tax payable in respect of any costs, expenses, outgoings or
matters falling within any paragraph of this Schedule.
64 64 64 64 64
Agreement between Vendor and Purchaser for payment of an Agreement between Vendor and Purchaser for payment of an Agreement between Vendor and Purchaser for payment of an Agreement between Vendor and Purchaser for payment of an Agreement between Vendor and Purchaser for payment of an
agreed amount of compensation per month till delivery of agreed amount of compensation per month till delivery of agreed amount of compensation per month till delivery of agreed amount of compensation per month till delivery of agreed amount of compensation per month till delivery of
vacant possession of the property sold to the Purchaser ? vacant possession of the property sold to the Purchaser ? vacant possession of the property sold to the Purchaser ? vacant possession of the property sold to the Purchaser ? vacant possession of the property sold to the Purchaser ?
security deposit kept for discharge of the security deposit kept for discharge of the security deposit kept for discharge of the security deposit kept for discharge of the security deposit kept for discharge of the
obligation by the Vendor obligation by the Vendor obligation by the Vendor obligation by the Vendor obligation by the Vendor
AN AGREEMENT made this?? day of?  Two thousand?. BETWEEN???
son of late????? by caste????? by occupation????? and
a Government Pension-holder of????? P .S????? in the Munici-
pal limits of????? in the District of????? hereinafter called the
FIRST PARTY (which term shall unless excluded by or repugnant to the
context be deemed to mean and include his heirs, executors, administra-
tors, legal representatives and assigns) AND????? wife of?????
of????? P .S????? in the District of????? and now a
refugee and residing at??…P .S………. within the Municipal limits of……………
in the District of????? by religion????? and by occupa-
tion????? hereinafter called the  SECOND PARTY (which term shall
unless excluded by or repugnant to the context be deemed to mean and,
include her heirs, executors, administrators, legal representatives and
assigns:
WHEREAS the First Party being lawfully seized and possessed of and
otherwise well and sufficiently entitled to the piece or parcel of Rent free
land together with buildings and structure more fully described in the
Schedule hereunder written sold the said land by a Deed of Indenture
dated????? day of????? for consideration mentioned in that
conveyance to the Second Party:
AND WHEREAS  the said First Party is unable to give full vacant possession
of the said premises, land hereditaments hereinafter fully described in the
Schedule annexed to the said Second Party for want of accommodation:Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 417
AND WHEREAS the said Second Party has agreed to take the delivery
of possession of the entire premises now occupied by the said First Party
in the first week of????? on terms and conditions hereunder stated:
NOW THESE PRESENTS WITNESS and the parties hereto hereby agree and
covenant as follows 😕
1. The First Party shall vacate and deliver full vacant possession of the
premises hereinbefore mentioned to the Second Party in the first week
of????? without fail.
2.  The First Party shall pay compensation to the Second Party of
Rs????? (Rupees?????) per month for the use and occupation
from the date of the Deed of

Conveyance up to the last date of occupation
by the First Party.
3. The First Party has kept the sum of Rs……….. in deposit with the
Second Party as Security for carrying out the above contract. The Second
Party shall repay the Security money to the First Party as soon as he will
vacate the premises No.????? and give full and complete delivery and
vacant possession to the Second Party.
4. If the Second Party fails to return the money to the First Party when
he will vacate the said premises and deliver the possession to the Second
Party the First Party will have the full right to get back the money through
proper Court with??? interest and all costs.
5. The First Party will keep the premises No.????? in proper order
during the period under his occupation and shall be liable for all wilful
damages done or caused to be done.
6. If the First Party fails to vacate the house and give delivery of
possession in time as covenanted he will be liable for compensation and
damages and
the security money will be forfeited.
THE SCHEDULE ABOVE REFERRED TO :
(Description of Property)
IN WITNESS WHEREOF , etc.
[Signatures of both parties]
65 65 65 65 65
Conveyance on Sale of Upper Flat in a Two-storied Build- Conveyance on Sale of Upper Flat in a Two-storied Build- Conveyance on Sale of Upper Flat in a Two-storied Build- Conveyance on Sale of Upper Flat in a Two-storied Build- Conveyance on Sale of Upper Flat in a Two-storied Build-
ing?lower Flat being retained by Owner?with necessary ing?lower Flat being retained by Owner?with necessary ing?lower Flat being retained by Owner?with necessary ing?lower Flat being retained by Owner?with necessary ing?lower Flat being retained by Owner?with necessary
Covenants and Easement between Vendor and Covenants and Easement between Vendor and Covenants and Easement between Vendor and Covenants and Easement between Vendor and Covenants and Easement between Vendor and
Purchaser for enjoyment of common areas Purchaser for enjoyment of common areas Purchaser for enjoyment of common areas Purchaser for enjoyment of common areas Purchaser for enjoyment of common areas
THIS CONVEYANCE is made the……………. day of….. 20…… BETWEEN AB
G : CDD (Vol. 5) ? 27418 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
of etc. (hereinafter called  ?the Vendor?) of the One Part and CD of etc.
(hereinafter called ?the purchaser?) of the Other Part.
WHEREAS the Vendor is seised free from encumbrances of all that parcel
of land situate at………. shown on the plan annexed hereto and thereon
coloured red green and yellow together with the Building erected on the
said land coloured green  divided into two flats and has agreed with the
Purchaser for the sale to him for Rs……….. of the upper flat subject as
hereinafter provided  but otherwise free from incumbrances.
NOW THIS DEED WITNESSETH as follows :
1. In pursuance of the said agreement and in consideration of the sum
of Rs….. paid by the Purchaser to the Vendor (the receipt whereof the Vendor
hereby acknowledges) the Vendor as BENEFICIAL OWNER HEREBY CONVEYS
unto the Purchaser ALL THAT piece of land shown on the said plan and
thereon coloured red and the upper flat (including the timber joists on which
the floor of the upper flat is laid but not the ceiling of the lower flat the situation
whereof is shown on the said plan and thereon coloured green and known
as aforesaid Together with the ground floor entrance and passage and
staircase leading to the said flat and Together also with?
(1) The right to the support of the said flat entrance passage and
staircase from the piece of land shown on the said plan and thereon
coloured green and the ground floor flat.
(2) The free and uninterrupted passage and running of water and soil
gas and electricity from and to the said upper flat through the
sewers, drains and watercourses, cables, pipes and wires in under
or passing through the said lower flat and the land shown on the
said plan and thereon coloured green and yellow.
(3) The right of the Purchaser with servants workmen and others at
all reasonable times on notice (except in the case of emergency)
to enter into and upon the lower flat and with land shown on the
said plan and thereon coloured green and yellow for the purpose
of repairing maintaining renewing altering, rebuilding or cleaning
the said upper flat entrance passage and staircase or any part of
the said lower flat giving support to the said upper flat entrance
passage and staircase and any such sewers, drains and water-
course, cables, pipes and wires as aforesaid and of laying down
any new sewers, drains and watercourses, cables, pipes and wires
in their place causing as little damage as possible and making
good any damage caused  EXCEPT AND RESERVING upto the
Vendor.
(4) The right to the shelter and protection of the said lower flat from
the said upper flat.
(5) The right to maintain in the roof of the said upper flat, the waterCh. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 419
tank which gives supply to the said lower flat and to the free and
uninterrupted passage and running of water from and to the said
water tank through the service and other pipes which now are or
may at any time hereafter be in or passing through the said upper
flat.
(6) The right of the Vendor with servants, workmen and others at all
reasonable times on notice (except in the case of emergency) to
enter into and upon the upper flat and the land shown on the said
plan and thereon coloured red for the purpose of repairing
maintaining, renewing, altering, rebuilding or cleaning the said
lower flat or any part of the said upper flat giving shelter and
protection to the said lower flat and the said water tank and such
services and other pipes as aforesaid causing as little damage as
possible and making good any damage caused.
TO HOLD the same unto the Purchaser absolutely and for ever.
2. It is hereby declared that the walls (other than the plaster surfaces
thereof facing the said entrance, passage and staircase) of the said
entrance, passage and staircase remain the property of the Vendor but the
external door to the said entrance is the property of the Purchaser and the
said plaster surfaces and the said external door are included in the premises
hereby conveyed.
3. The Purchaser with extent and so as to bind (so far as practicable)
the property hereby conveyed and the owner and occupier for the time being
thereof and so that this covenant shall be for the benefit and protection of
the said lower flat HEREBY COVENANTS with the Vendor as follows :
(1) Not to use the said upper flat nor permit the same to be used for
any purpose whatsoever other than as a private dwelling house
in the occupation of one family only.
(2) Not to decorate the exterior of the said upper flat otherwise than
in a colour and manner agreed with the owner for the time being
of the said lower flat or (failing such agreement) in the colour and
manner (as near as may be) in which the same was last previously
decorated.
(3) To keep the said upper flat in good repair and condition and in
particular as to give shelter and protection to the said lower flat.
(4) To insure and keep insured the said upper flat against loss or
damage by fire and such other risks as are covered by a
comprehensive houseowner?s policy issued for the time being by
the insurance office with whom the Purchaser is required to insure
the said upper flat for the time being in accordance with the
provisions of this covenant in the full value thereof in the names
of the Purchaser and the Vendor and whenever required produce420 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
to the Vendor the policy or policies of such insurance and the
receipt for the last premium for the same and in the  event of the
said upper flat being damaged or destroyed by fire as soon as
reasonably practicable lay out the insurance moneys in the repair
rebuilding or reinstatement of the said upper flat and make good
any deficiency out of the Purchaser?s own moneys.
4. [The vendor?s covenants follow those of the purchaser mutatis
mutandis.]
5. The Vendor hereby acknowledges the right of the Purchaser to the
production of the documents specified in the Schedule hereto (the posses-
sion whereof is retained by the Vendor) and to delivery of copies thereof
and hereby undertakes with the Purchaser for the safe custody thereof.
IN WITNESS, etc.
THE SCHEDULE ABOVE REFERRED TO :
[List of the Vendor?s title deeds.]
IN WITNESS WHEREOF etc.
66 66 66 66 66
Deed of Covenants with a Management Company Deed of Covenants with a Management Company Deed of Covenants with a Management Company Deed of Covenants with a Management Company Deed of Covenants with a Management Company
to observe Covenants of the Lessee to observe Covenants of the Lessee to observe Covenants of the Lessee to observe Covenants of the Lessee to observe Covenants of the Lessee
[Short Forms]
I………………. of etc. HEREBY COVENANT with CD Co.  Pvt. Ltd. of etc. that
I and my successors in title will at all times from the……… day of…………
20…… duly pay all rent becoming due under a lease of the premises fully
described in the schedule written hereunder dated etc. which was executed
contemporaneously herewith and registered with the office of the Sub-
Register at…….. as Deed No……… and the service charge and all other sums
payable thereunder and observe and perform all the covenants, restric-
tions, stipulations and conditions therein contained and on the part of the
Lessee to be observed and performed (whether running with the lease  or
of a purely personal or collateral nature) to the same extent  as if I were
the original Lessee party thereto.
SCHEDULE ABOVE REFERRED TO :
(Description of property)
IN WITNESS WHEREOF etc.
(Signature of the Party)Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 421
67 67 67 67 67
Deed of Conveyance for a Garage in a Multi-storied Build- Deed of Conveyance for a Garage in a Multi-storied Build- Deed of Conveyance for a Garage in a Multi-storied Build- Deed of Conveyance for a Garage in a Multi-storied Build- Deed of Conveyance for a Garage in a Multi-storied Build-
ing?with usual covenants and restrictions ing?with usual covenants and restrictions ing?with usual covenants and restrictions ing?with usual covenants and restrictions ing?with usual covenants and restrictions
1.  IN CONSIDERATION of the sum of Rs……….. the receipt whereof is
hereby acknowledged We AB Co.  Limited whose registered office is situate
etc. (hereinafter called  ?the Vendors?) as  BENEFICIAL OWNERS HEREBY
grant, convey and transfer unto CD  of etc. (hereinafter called  ?the
Purchaser?) ALL THAT piece or parcel of land fully described in the schedule
written hereunder and shown on the plan annexed hereto and thereon
coloured red and numbered?TOGETHER  WITH the garage (hereinafer
called ?the Garage?) erected thereon being part of the said land TOGETHER
ALSO WITH fully right and liberty (subject to contribution as hereinafter
mentioned) for the Purchaser and all persons authorised by him (in common
with all other persons entitled to the like right) with or without private motor-
cars and other private vehicles at all times by day or by night and for all
purposes to go pass and repass on and along with the way shown on the
said plan and thereon coloured green SUBJECT to the Purchaser?s contrib-
uting  and paying one?part of the costs and expenses of maintaining,
repairing and renewing the said way.
2. AND I the Purchaser hereby covenant with the Vendors and with the
owners of the flats and garages comprised in the premises known
as………………. that I the Purchaser will at all times hereafter 😕
(i) contribute and pay one?part of the costs and expenses of
maintaining repairing and renewing the said way;
(ii) not use the Garage for the garaging of any lorry or trade vehicle
or for any  purpose other than the garaging of a private motor-car
and ancillary purposes.
[Add any other covenants applicable to the other garages in the block.]
3. AND I the Purchaser hereby further covenants with the Vendors that
I will not transfer or grant lease of the property hereby transferred unless
the transferee or lessee shall in the transfer  or lease enter into a direct
covenant with the Vendors in the terms of clause hereof and this clause.
4. In this transfer the expression  ?the  Vendors? shall include their
successors in title the Owners for the time being of the Building known as?
and each and every part thereof and the expression ?the Purchaser? shall
include his successors in title.
IN WITNESS WHEREOF etc.422 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
68 68 68 68 68
Conveyance in the form of a Deed Pole of  Upper Flat in a Conveyance in the form of a Deed Pole of  Upper Flat in a Conveyance in the form of a Deed Pole of  Upper Flat in a Conveyance in the form of a Deed Pole of  Upper Flat in a Conveyance in the form of a Deed Pole of  Upper Flat in a
Two-Storeyed Building?Lower flat being retained by Two-Storeyed Building?Lower flat being retained by Two-Storeyed Building?Lower flat being retained by Two-Storeyed Building?Lower flat being retained by Two-Storeyed Building?Lower flat being retained by
Owner?with necessary easements Owner?with necessary easements Owner?with necessary easements Owner?with necessary easements Owner?with necessary easements
1. In consideration of the sum of Rs……… (the receipt whereof is hereby
acknowledged). I, AB of etc. (hereinafter called   ?the Vendor?) as BENEFICIAL
OWNER HEREBY TRANSFER to CD of etc. (hereinafter called  ?the Purchaser?)
ALL THAT  piece of land shown on the plan annexed hereto and thereon
coloured red and the upper flat, the situation whereof is shown on the said
plan and thereon coloured green, and known as No………. etc. Together with
the ground floor entrance and passage and staircase leading to the said
flat (all which premises are part of the land comprised in the title above
referred) and Together also with the easements mentioned in Schedule I
hereto Except and Reserving unto the Vendor the easements mentioned
in Schedule II hereto.
2. It is HEREBY DECLARED that the concrete floor dividing the flat hereby
transferred from the lower flat (the floor joists of the flat hereby transferred
but not the ceiling of the lower flat] the external walls above such level, the
roof and the external door to the said ground floor entrance are included
in the property hereby transferred, and that the walls of the said ground floor
entrance and passage and staircase are party walls severed medially.
THE FIRST SCHEDULE
Easements included in the Transfer
(1)  The right to the support of the upper flat and the said ground floor
entrance and passage and staircase from the piece of land shown in the
said plan and thereon coloured green and the lower flat.
(2) The free and uninterrupted passage and running of water and soil,
gas and electricity, from and to the upper flat through the sewers, drains
and watecourses, cables, pipes and wires, in, under or passing through the
lower flat and the land shown on the said plan and thereon coloured green
and yellow.
(3) The right of the Purchaser with servants, workmen and others at all
reasonable times on notice (except in the case of emergency) to enter into
and upon the lower flat and the land shown on the said plan and thereon
coloured green and yellow for the purpose of repairing, maintaining,
renewing, altering, rebuilding or cleaning the upper flat and the said
entrance, passage and staircase or any part of the lower flat giving support
to the upper flat or the said entrance, passage or staircase and any such
sewers, drains, watercourses, cables, pipes and wires as aforesaid and of
laying down any new sewers, drains, watercourses, cables, pipes or wiresCh. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 423
in their place, causing as little damage as possible and making good any
damage caused.
THE SECOND SCHEDULE
Exceptions and Reservations
(1) The right to the shelter and protection of the lower flat from the upper
flat.
(2) The right to maintain in the roof of the upper flat the water tank which
gives supply to the lower flat and to the free and uninterrupted passage and
running of water from and to the said water tank through the service and
other pipes in or passing through the upper flat.
(3) The right of the Purchaser with servants, workmen and others at all
reasonable times on notice (except in the case of emergency) to enter into
and upon the upper flat and the land shown on the said plan and thereon
coloured red for the purpose of repairing, maintaining, renewing, altering,
rebuilding or cleaning the lower flat or any part of the upper flat giving shelter
and protection to the lower  flat and the said water tank and such service
and other pipes as aforesaid, causing as little damage as possible and
making good any damage caused.
SIGNED, SEALED AND DELIVERED
by the Said AB in the presence of
69 69 69 69 69
Conveyance of a strip of land by way of Sale for Convenient Conveyance of a strip of land by way of Sale for Convenient Conveyance of a strip of land by way of Sale for Convenient Conveyance of a strip of land by way of Sale for Convenient Conveyance of a strip of land by way of Sale for Convenient
enjoyment of the multi-storeyed building under enjoyment of the multi-storeyed building under enjoyment of the multi-storeyed building under enjoyment of the multi-storeyed building under enjoyment of the multi-storeyed building under
construction by the Purchaser on the construction by the Purchaser on the construction by the Purchaser on the construction by the Purchaser on the construction by the Purchaser on the
adjoining land of the Vendor adjoining land of the Vendor adjoining land of the Vendor adjoining land of the Vendor adjoining land of the Vendor
THIS INDENTURE OF SALE made on this????? day of????? Two
thousand….. BETWEEN   A.B., son of B.B., by faith????? by occupa-
tion????? residing at????? P .S????? P .O………….. Dist………
within the town of………….. hereinafter referred to as ?the VENDOR?
(which
term or expression unless excluded by or repugnant to the subject or
context shall be deemed to mean and include his heirs, executors,
administrators, representatives and assigns) of the ONE PART AND…………CO-
OPERATIVE HOUSING SOCIETY LTD.  duly registered under the?…..?, Co-
operative Societies Act,????? nearing Registration No?????
and having its registered office at????? hereinafter referred to as the
PURCHASER (which term or expression unless excluded by or repugnant
to the subject or context shall be-
deemed to mean and include always their
Successors-in-office and assigns) on the OTHER PART.424 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
WHEREAS the father of the Vendor herein namely late B.B.  obtained,
seized and absolutely possessed of

the schedule-mentioned property by
virtue of the Deed of Partition registered and entered in Book No?????
Volume No…..? pages? to? Being No????? for the year?????
in the office of the Sub-Registrar at …. .. and thus became the absolute
owner of the schedule-mentioned property situated on C.S. Dag
No????? of C.S.  Khatian No??in Mouza????? J.L.No?? of
District Collectorate within the………… jurisdiction of P .S…………….. for-
merly????? at present????? and formerly within the  Anchal
Panchayet, then????? Municipality and at present under the?????
Municipal

Corporation fully described in the schedule mentioned hereunder
and projected with ?Red? verge in the Plan annexed hereto.
AND WHEREAS during the lifetime of the said B.B.,

he had executed a
Deed of Gift in favour of the Vendor herein and the said Deed of Gift was
duly registered in Book No……….

Volume No?? Pages?? to?? Being
No??? for the year 20……. in the office of the Sub-Registrar at?????
AND WHEREAS by virtue of the said Deed of Gift the Vendor herein is
absolutely seized and possessed of the schedule-mentioned property as
absolute owner thereof and is peacefully enjoying the same by constructing
residential building and structures thereon.
AND WHEREAS  the Purchaser herein being a Co-operative Society is
constructing a residential building just on the northern side of the Vendor?s
premises and is in need of a small strip of land alongside the southern
portion of the Society?s building line contiguous to the northern portion of
the Vendor?s premises and has accordingly approached and requested the
Vendor with the said proposal.
AND WHEREAS upon such proposal and request of the Purchaser the
Vendor herein has agreed to sell a piece or parcel of his land from the
northern portion of the land appurtenant to his building to the Purchaser
Co-operative Society for the purpose of widening the existing width of the
land appurtenant to the Society?s building on the southern portion at a
valuable consideration of the sum of Rs………… (Rupees?????) only
for the land to be sold admeasuring???? Cottah??? Chattaks????
and??? sq.ft. more or less upon the following terms and conditions.
NOW  THIS INDENTURE  WITNESSETH that in pursuance of the said
agreement and in
consideration of the sum of Rs??? (Rupees?????)
only well and truly paid to the  Vendor by the Purchaser on or before
execution of these presents (the receipt whereof the Vendor doth hereby
admit grant and acknowledge as per memo of consideration written
hereunder and of and from the same and every part thereof the Vendor doth
hereby acquit release and forever discharge the Purchaser as well as the
said land hereby conveyed) and the Vendor doth hereby grant, sell, transfer,Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 425
and assign to and unto the said Purchaser the schedule mentioned land
being land appurtenant to the building and structures standing thereon
within the limits of the??? Municipal Corporation????? fully de-
scribed in the schedule hereunder and delineated with ?Red? border in the
attached plan hereto OR HOWSOEVER OTHERWISE the said land and
hereditaments and every part  thereof now are or is or hereto before was
or were situated butted bounded described or distinguished TOGETHER
WITH all rights title and interest claim and demand whatsoever both at Law
and in equity on the property hereby transferred or sold to the Purchaser
to and unto the exclusive use of the said Purchaser Society for the purpose
of widening the existing land appurtenant to the southern portion of the
Purchaser?s building exclusively free from all encumbrances and the
Vendor doth hereby covenant with the Purchaser Society that NOTWITH-
STANDING any act, deed or things, matters by the Vendor done or executed
or knowingly suffered to the contrary the Vendor now has good right, full
and absolute power, control, authority or indefeasible title to grant, transfer,
convey and assign the said land to and unto the use of the Purchaser
exclusively for the purpose of widening the width of the existing land
appurtenant to the Purchaser?s building and simultaneously deliver khas
and absolute possession thereof with the execution of these presents and
the said Purchaser shall and may at all times hereafter peaceably and
quietly possess and enjoy the said messuage land receive the rents and
profits thereof without any lawful eviction interruption claim or demand
whatsoever from or by the said Vendor or any person or persons lawfully
or equitably claiming from under or in trust for Vendor and that free from
all encumbrances whatsoever made or suffered by the said Vendor or any
person or persons lawfully or equitably claiming as aforesaid AND further
that the said Vendor and all persons having or lawfully or equitably claiming
any estate or interest in the said messuage land or any of them or any part
thereof from under or in trust for Vendor the said Vendor shall and will from
time to time and at all times hereafter at the request and costs of the said
Purchaser do and execute or cause to be done and executed all such acts
deeds and things whatsoever for further and more perfectly assuring the
said messuage land hereditaments and premises and every part thereof
unto and to the use of the said Purchaser in manner aforesaid as shall or
may be reasonably required AND the Vendor doth hereby further covenant
with the Purchaser that the Vendor shall unless prevented by fire or other
inevitable accident from time to time and at all times hereafter upon every
reasonable request and at cost of the Purchaser produce or cause to be
produced to the Purchaser or its attorneys or agents or at any trial as
occasion shall arise and require the documents on title which relate to the
said messuage land hereby granted conveyed and transferred for the
purpose of showing his title thereto.426 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
THE SCHEDULE ABOVE REFERRED TO :
(Description of the strip of land)
IN WITNESS etc.
[Signatures of both the parties
(with common seal of the Society)]
70 70 70 70 70
Deed of Exchange substituting One Garage for another in Deed of Exchange substituting One Garage for another in Deed of Exchange substituting One Garage for another in Deed of Exchange substituting One Garage for another in Deed of Exchange substituting One Garage for another in
the Principal Lease Deed the Principal Lease Deed the Principal Lease Deed the Principal Lease Deed the Principal Lease Deed
THIS DEED OF EXCHANGE is made BETWEEN AB Co.  Pvt. Limited whose
registered office is situate etc. (hereinafter called  ?the Lessors?) of the One
Part and EF of etc. (hereinafter called ?the Lessee?) of the Other Part.
WHEREAS :
(1)  This deed is supplemental to a lease dated the……………. day
of………… 20….. and made between the same parties as are parties hereto
and registered with the office of the Sub-Registrar at..as Deed No……….
whereby ALL THAT etc.  were demised by the Lessors to the Lessee from
the…………… day of…………..20….. for the term of…………. years subject to
the payment of the rent thereby reserve and to the covenants Agreements
and conditions therein contained.
(2)  The parties have agreed that the said lease shall be varied by omitting
the Garage No.  I shown on the plan annexed thereto and thereon edged
blue from the premises thereby demised and substituting therefor Garage
No.  2 which said garage is shown on the plan annexed hereto and thereon
edged blue.
NOW THIS DEED WITNESSETH as follows :
1. The Lessee as BENEFICIAL OWNER HEREBY SURRENDERS AND TRANS-
FERS unto the Lessors ALL AND SINGULAR the said Garage No.  1 comprised
in the said lease dated……….. above referred to the intent that the term of
ninety-nine years granted by the said lease in respect of such garage shall
merge and be absolutely extinguished in the reversion to of the Lessors
and that the said lease and all the covenants and conditions therein
reserved and contained so far as they relate to the said Garage No.  1 may
be hereby determined.
2. The Lessors HEREBY DEMISE unto the Lessee ALL THAT the Garage
No.  2 shown on the said plan annexed hereto and thereon edged blue to
HOLD the said garage unto the Lessee from the……………… day of……………..Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 427
20….. for the term of ninety-nine years upon the terms and conditions in
the said lease contained as though the said Garage No. 2 had been
comprised in the premises demised by the said lease.
IN WITNESS WHEREOF etc.
71 71 71 71 71
Deed of Exchange pursuant to Agreement for Development Deed of Exchange pursuant to Agreement for Development Deed of Exchange pursuant to Agreement for Development Deed of Exchange pursuant to Agreement for Development Deed of Exchange pursuant to Agreement for Development
of Land by Developer after acquisition/purchase of Land by Developer after acquisition/purchase of Land by Developer after acquisition/purchase of Land by Developer after acquisition/purchase of Land by Developer after acquisition/purchase
THIS CONVEYANCE is made the……………. day of……………… BETWEEN
(development company) having its registered office at (address) (herein-
after called company B) of the One Part and (company Land-owner) having
its registered office at (address) (hereinafter called company A) of the Other
Part.
WHEREAS company B is seised of the property fully described in the First
Schedule written hereunder and hereafter described as  ?the said property?
free of encumbrances and has agreed with company A to convey to
company A the said property by way of exchange by a conveyance executed
contemporaneously herewith.
NOW THIS DEED WITNESSETH as follows :
1. In pursuance of the Agreement and in consideration of the premises
company B as beneficial owner hereby conveys all that the land shown
edged [red] on the plan annexed hereto for the purpose of identification only
together with the ground floor and first floor of the premises erected thereon
as the same is more particularly described in the first schedule hereto
(hereinafter called the said property) together with the rights easements
quasi-easements and other benefits set out in the second schedule hereto
and together also with the benefit of the covenants of company B hereinafer
contained in the third schedule excepting and reserving unto company B
the rights easements quasi-easements and appurtenances contained in
the fourth schedule for the benefit of the superjacent and adjoining buildings
of Company B TO HOLD the same unto company A in fee simple subject
to the covenants and stipulations contained in the fifth schedule hereto.
2. Company A hereto covenants with company B on behalf of company
A and its successors in title as follows :
(1) Company A shall observe and perform the provisions set out in the
sixth schedule herein in respect of the service facilities afforded
to the property conveyed.
(2) Upon any disposal of the property conveyed the purchaser shall
enter into a covenant with company B and its successors in title
and assigns on behalf of the purchaser and his successors in title428 CONVEYANCING, DRAFTING & DEEDS [Ch. 46
that the purchaser shall observe and perform terms of sub-clause
(1) hereof and for the purposes of this sub-clause ?disposal of the
property conveyed?  shall include any sale or lease or underlease
for a term exceeding seven years and ?purchaser? shall include
lessees and underlessees and the respective successors in title
and assigns of them or any of them.
(3)   (a) From time to time to repay to company B and its assigns upon
demand as hereinafter provided fair sum as a fair proportion-
ate part of the cost of the upkeep maintenance repair
cleansing and lighting of the service areas of which the
property conveyed has the use and enjoyment.
(b) A certificate in writing obtained by company B from the
surveyor for the time being of company B for this purpose
showing the total amount to be payable by company A to
company B shall for the purpose of this covenant be conclu-
sive evidence of the amount so to be paid and the same shall
be payable within twenty days of being so demanded.
(4) It is hereby agreed that company B its successors in title and
assigns shall in no circumstances be liable for any failure or
omission at any time or from  time to time to provide supply or
perform any or all of the several services referred to in paragraph
(a) of sub-clause (3) hereof or other services which shall from time
to time be supplied if company B or its successors in title shall be
prevented hampered or restricted in any way from so  doing by
virtue of strikes lockouts and non-availability of or restrictions upon
supplies of materials or labour or other services weather condi-
tions inevitable accident emergency act of God or by any other
cause whatsoever or howsoever arising and not within its control.
3. Company B hereby covenants with company A on behalf of company
B and its successors in title to observe and perform the provisions set out
in the third schedule hereto.
4. It is hereby agreed and declared as follows :
(1) The property conveyed is conveyed subject to the right of any parts
of the building which are not hereby conveyed and which are
superjacent to the property conveyed (hereinafter called the
property retained) to be supported by the property conveyed as
the same now is ;
(2) This conveyance shall always be construed so that?
(a) the slab between the property conveyed and the property
retained but not the surface coating on the lower side thereof
is in the ownership of company B and shall be maintained by
company B or its successors in title;Ch. 46]   DEVELOPER?S AGREEMENT AND SALE OF OWNERSHIP FLATS?FORMS 429
(b) as between company B and company A the footings and
foundations main walls and load bearing structures of the
building of which the property conveyed forms parts up to and
exclusive of the lower slab of the second floor are the property
of company A and shall be maintained and repaired by
company A and its successors in title;
(c) all other parts of the building including the roof and the
airspace thereover are the property of company B and shall
be maintained and repaired by company B or its successors
in title.
5. It is hereby further agreed and declared that Company A and its
successors in title shall not be entitled to any easements or right of light
air or otherwise which would in any manner restrict or interfere with the free
use of the superjacent parts of the building not  hereby conveyed or of any
adjoining properties now belonging to company B and nothing herein
contained or referred to shall be deemed or construed to imply the grant
of any such right.
6. Company B and Company A hereby agree that any defect in the pipes,
wires and conduits which are used in common by company B and Company
A and the cost of repair and renewal which is not the liability of a public
authority supplying such service shall be repaired or renewed at the
common cost of Company B and the Company A each party paying one
half of such cost and any dispute arising under this clause shall be referred
to the decision of a single arbitrator in accordance with the provisions of
the Arbitration Act 1940 or any modification or re-enactment thereof for the
time being in force.
7. Company B hereby acknowledges the right of company A to the
production of the documents specified in the seventh schedule hereto (the
possession of which is retained by company B) end to delivery of copies
thereof and undertakes with company A for the safe custody of the said
documents.
FIRST SCHEDULE
Description of Land
[All that the premises comprising the ground and first floor of the building
known or to be known as………….. as the same is for the purpose of
identification only shown edged [r