Agreement to sell House built on Leasehold Land by Shiva.

No. 23

Agreement to sell House built on Leasehold Land

THIS AGREEMENT TO SELL is made the . . . . . . . day of . . . . . . ., in the year 20 . . . . ., BETWEEN A. B., aged . . . . . . . . . . years, son of . . . . . . . . , resident of . . . . . . . . , (hereinafter for the sake of brevity referred to as the ‘‘Vendor’’ which expression shall include unless inconsistent with the context the heirs, successors and representatives of the Vendor) of the one part, AND C. D., aged . . . . . . . . years, son of . . . . . . . ., resident of . . . . . . . . . . . . . . . . . . ., (hereinafter for the sake of brevity referred to as the ‘‘Prospective Purchaser’’, which expression shall include unless inconsistent with the context the heirs, successors, survivors and the legal representatives of the Prospective Purchaser) of the other part.

WHEREAS the said A. B. acquired from the local Improvement Trust the leasehold rights of a plot of land situate on . . . . . . . . Road and numbered . . . . .  in the Abadi Khasra prepared after the First Settlement (or bounded in the north by . . . . . . . etc.), under a 90 years’ lease executed by the Improvement Trust and registered at the . . . . . . . .Sub-Registry Office at . . . . . . . . as No. . . . . . . . . . . in Book No. . . . . . . , Volume . . . . . . . on pages . . . . . . to . . . . . on the . . . . . . . . . . . day of . . . . . . ., 20 . . . ;

AND WHEREAS the said A. B. from his own self-acquired funds purchased the said plot and built on a portion thereof a two-storeyed pucca house fitted with electricity, sanitary and water connections;

AND WHEREAS the said Vendor is desirous of disposing of the said house together with the plot of land, fixtures, fittings etc., free from all encumbrances to the Prospective Purchaser for a sum of Rupees . . . . . . . . (Rs . . . . . .) only and the said Prospective Purchaser is agreeable to buy the same at the said price.

NOW, THEREFORE, THIS DEED WITNESSES AS FOLLOWS:

1. That the Vendor shall sell free of all encumbrances the said property situated on . . . . . . . . Road . . . . . . . . and described in para 2 below for a sum of Rupees . . . . . . (Rs . . . . .) only and the Prospective Purchaser shall buy the same at the said price and on the conditions hereafter mentioned.

2. That the property subject of this agreement consists of a two-storeyed pucca built house on leasehold land, facing . . . . . Road, bearing municipal number . . . . . . . . . . on the said road together with all sanitary, water and electrical fittings and fixtures, bounded as below:

(Give the boundaries of the property together with
all rights in the site and the compound)

3. That the Vendor shall pay all taxes Municipal and otherwise and the rent of the leasehold land up to the date of transfer, and get the property mutated in the Municipal and Improvement Trust Registers at the cost of the Prospective Purchaser after the completion of the sale.

4. That the rights in the leasehold land for the unexpired period of the lease shall be transferred by the Vendor to the Prospective Purchaser with all the rights and liabilities given in the original deed of transfer executed by the Improvement Trust in favour of the Vendor.

5. That the Prospective Purchaser further agrees to bear all the cost of transfer.

6. That in the event of the sale not materialising by the date . . . . . . . the earnest money of Rs . . . . . . . . . . paid by the Prospective Purchaser shall stand forfeited to the Vendor: Provided, however, the transaction fails through no cause attributable to the Vendor. In case the transaction fails to materialise at the option of the Vendor within the period aforesaid the Vendor shall only be liable to return the earnest money to the Prospective Purchaser with interest at . . . . . . . p.c. per annum from the date hereof to the date of refund.

IN WITNESS whereof the parties have set their hands the day and the year first above-mentioned.

Witnesses:                                                                                Sd. A. B.

Vendor.

1.                                                                                             Sd. C. D.

2.?????????????????????? Prospective Purchaser.

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