Assignment of a Lease in the Absence of any Restriction on Assignment
This deed of assignment made this …………… day of ……………. 2000 between AB of, etc., (hereinafter called the assignor) of the one part and CD of, etc., (hereinafter called the assignee) of the other part.
Whereas by an Indenture of lease dated the ……….. day of …………. and made between XY described therein as lessor and the said AB, namely, the assignor to these presents described therein as lessee of the other part and registered in Book I, Vol. …………. etc. it was witnessed that the property fully mentioned and described in the schedule hereto was granted, transferred, assigned and demised unto and use of the assignor on a lease for a term of ……… years with effect from the ………… day of ……… subject to payment of such rent as thereby reserved and the covenants and conditions thereunder contained and whereas the said lease is still valid and subsisting and all its covenants and conditions have been observed and performed.
And whereas the assignor has agreed with the said CD, viz., the assignee for sale of the said property as comprised in the said lease for the residue of the term thereof at and for the sum of Rs. ………. being the consideration thereof. Now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the said sum of Rs. ……….. paid by the assignee to the assignor simultaneously with the execution of these presents the receipt whereof ………… etc. (as in the case on conveyance) he the assignor as the lessee does by these presents grants, convey, sell, transfer and assign all his leasehold estate or interest of the assignor in the said property inclusive of land thereunder acquired under and by virtue of the hereinbefore lease together with all house, outhouses etc. (as in the case of a conveyance) to enter into and to have hold and enjoy the same for the unexpired term of the said lease together with all benefits and advantages thereof and subject to performance of the covenants, agreements and conditions provided therein.
And this Indenture further witnesseth that the assignor does hereby covenant with the assignee that the said lease is still valid and subsisting and that the assignor has duly paid all rents due and payable thereunder and observed and performed all the covenants and conditions thereof and the assignor does hereby covenant with the assignee that notwithstanding any acts, deeds, or things heretofore done, executed or knowingly suffered to the contrary the assignor now lawfully is seized and possessed of said property free from all encumbrances attachments or defect in title whatsoever and that the assignor has the full power and sole authority to assign the said property in the manner aforesaid and the assignee shall hereafter peaceably and quietly hold, possess and enjoy the said property without any claim or demand whatsoever from the assignor or any person claiming from or under him. And further that the assignor covenants with the assignee to save him harmless, indemnify and keep indemnified the assignee against all encumbranced charges and equities and the assignor further covenants that he shall at the request of and cost of the assignee do or execute or cause to be done or executed all such lawful acts, deeds and things whatsoever for further and more perfectly assigning the said property in the manner aforesaid according to the true intent and meaning of this deed of assignment.
And this Indenture furthermore witnesses that the assignee does hereby agree and covenant with the assignor that the assignee shall at all times regularly and punctually pay or cause to be paid the rent payable to the lessor under and by virtue of the lease and observe and perform all the covenants, conditions thereof to keep the lease alive with all its benefits and advantages and shall also indemnify and keep indemnified the assignor and his estate against any act, default, negligence or error in judgment arising out of performance or non-performance thereof on his part.
Schedule above referred to
In witness whereof the parties hereto have set and subscribed their respective hands and seals the day, month and year first above-written.
Signed, sealed and delivered by the within-mentioned AB, the assignor in the presence of:
Signed, sealed and delivered by the within-mentioned CD, the assignee in the presence of: