Agreement to Lease Wakf Property

Agreement to Lease Wakf Property

This agreement to lease is made on this …… day of ……… 1999 between Md. ……………… of …………………… representing ……………… (hereinafter referred to as the lessor) of the one part and AB & Co. of ……………… (hereinafter referred to as the lessee) of the other part.

Whereas by a Deed of Wakf dated …………… Md. ……… dedicated his immovable property being ……………………… for pious and religious purposes mentioned in the said Deed.

And whereas the lessor has been appointed as the mutawalli under the said Wakf Deed and the lessor is managing and administering the said wakf property.

And whereas the wakf property requires urgent repairs and that the income from wakf property is inadequate to carry out the necessary repairs.

And whereas the front portion of the ground floor of the wakf property is not properly utilised and is not required for the objects and use of the beneficiaries under the said Wakf Deed and with slight renovation the front portion can be let out at reasonable rent which will be adequate for the maintenance and upkeep of the wakf property.

And whereas the lessor applied to the Wakf Board for the permission to enter into these presents for leasing out the said portion of the wakf property and a copy of these presents was furnished along with the application.

And whereas the Board has considered the matter and has recorded such leasing out is a legal necessity for maintenance and upkeep of the wakf property and has granted its consent for execution of these presents.

And whereas the lessee has inspected all relevant documents including the Wakf Deed, application to the Board and the Board’s sanction and has satisfied itself as to the authority and power of the lessor to enter into these presents and the validity of the proposed lease and thereupon has agreed to take on lease the front portion of the wakf property at ……………… for a period of 21 years.

Now these presents witnesseth and the parties hereto agree as follows:

1. The lessor agrees to demise to the lessee and the lessee agrees to take on lease three rooms on the ground-floor facing the road in the premises No. ………………… for a period of 21 years commencing from the date of Deed of Lease to be executed at an yearly rent of Rs. 1,20,000 to be paid in advance from the commencement of lease.

2. The lessee shall pay all present and future taxes, duties, rates, levies and outgoings in respect of the said demised premises to the Government or Municipal Corporation or any other local authority or public body.

3. The Deed of Lease will contain the usual covenants to be given by the lessor and lessee and the usual terms and conditions and subject to the provisions of the Statute applicable to the wakf property.

4. The draft of the Deed of Lease will be prepared by the Lessee’s Advocate and will be approved by the Lessor’s Advocate and subject to the sanction by the Board.

5. The lessee shall make necessary repairs and renovation without in any way damaging the structures or any portion of the construction and paint the entire building at its own costs.

6. The lessee shall bear and pay the requisite stamp duty and registration charges and other legal expenses in respect of the present agreement as also the said Deed of Lease to be executed.

7. It is understood that these presents are subject to obtaining the requisite permission or No Objection Certificate of the authorities concerned at the costs of the lessor.

8. If the requisite sanction, permission or the No Objection Certificate cannot be obtained or there be undue delay in obtaining such permission sanction or No Objection Certificate the lessee shall have the option to terminate this Agreement to Lease on giving three months’ notice.

9. In consideration of the lessor agreeing to enter into this Agreement to Lease and by way of security deposit the lessee has paid to the lessor Rs. 1,20,000 which would remain free of interest and would be adjusted against the rent.

In witness whereof the parties have executed these presents on the day, month and year first above-written.

Signed and delivered                                                                               For ………………

by Md. ……………….

in the presence of:                                                                                             Signature

1.

2.

Signed, sealed and delivered by                                                                 For AB & Co.

Mr. ……………………………….….

pursuant to Board Resolution

dated …………….. of  AB  & Co.

in  the  presence  of:                                                                                          Signature

1.

2.

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