Deed of Sale by Co-owners of Undivided Property
This deed of sales is made on …………. day of ……………… 1999, between AB, son of ……………. residing at ………….. and CD, son of ……….. residing at ………………, hereinafter referred to as the vendors (which term shall include their heirs, successors and legal representatives) of the one part and EF, son of …………… residing at ………… hereinafter referred to as the purchaser (which term shall include his successors, nominees and assignees) of the other part.
Whereas one PQ late of, etc. who was a Hindu governed by the Dayabhaga or Bengal School of Hindu Law died on the ………….. day of ………… intestate, leaving him surviving only two sons viz., the said AB and CD as his heirs and legal representatives under the said school and whereas the said PQ left inter alia the following property as part of his estate and whereas the estate of the said PQ has been fully administered and whereas the said AB and CD are in joint possession and enjoyment of the property hereinafter described as co-owners in equal shares without effecting any partition or division thereof and whereas the said AB and CD have agreed to sell the said properties free from encumbrances, to the said EF for the sum of Rs. …………. Now this deed witnesses that in pursuance of the said agreement and in consideration of the sum of Rupees ……………., paid to the said AB and CD by the said EF at or immediately before execution of these presents the receipt whereof the said AB and CD hereby admit, acknowledge and confirm, they, the said AB and CD and each as beneficial owner of one equal undivided moiety thereof do hereby and hereunder grant, convey, sell, transfer, assign and assure unto and to the use the said EF all that, etc. (parcel etc., as in a conveyance): To have and to hold the same unto and to the use of the said EF, his heirs, executors, administrators, representatives and assigns absolutely and forever.
And the vendor doth hereby covenant with the purchaser that notwithstanding any act, deed, matter or thing whatsoever by the vendor or any person lawfully or equitably claiming by, from, through, under or in trust for the vendor, made, done committed or omitted or knowingly suffered the contrary the vendor hath the rightful power and absolute authority to grant, convey and assure the said premises hereby convey and assure the said premises hereby and assure and intended so to be unto and the use of the purchaser in the manner aforesaid and it shall be lawful for the purchaser from time to time and at all times hereafter peaceably and quietly to enter upon possess and enjoy the said premises described in the Schedule hereunder written and to receive all rents issues and profits thereof and of every part thereof to and for the Purchaser’s own use and benefit without any suit lawful eviction interruption claim or demand whatsoever for or by the vendor or any person lawfully or equitably claiming or to claim by, under or in trust for vendor and that free and clear and freely and clearly and absolutely acquitted exonerated and forever discharged or otherwise by the vendor well and sufficiently saved, defended and kept harmless and indemnified of from and against all former and other estates titles charges and encumbrances whatsoever had made executed occasioned or suffered by the vendor or any other person lawfully or equitably claiming or to claim by from under or in trust for vendor and further that the vendor and all persons having or lawfully or equitably claiming any estate or interest whatsoever in the said premises or any of them or any part thereof from under or in trust for the vendor shall and will from time to time and at all times hereafter at the request and costs of the purchaser do and execute or cause to be done and executed all such further and other lawful reasonable acts, deeds, things and assurances in the said land hereditaments and premises whatsoever for the better and more perfectly assuring the said premises described in the Schedule hereunder written and for every part thereof unto and to the purchaser in the manner aforesaid as by the purchaser shall be reasonably required.
The Schedule above referred to
In witness whereof the parties herein have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by the within-mentioned vendor in the presence of:
Signed, sealed and delivered by the within-mentioned purchaser in the presence of:
Memo of Consideration
Received of and from the within-named purchaser the sum of Rs. …………… (Rupees ……………..) being the full consideration mentioned above by Bank Draft No. ……………. dated ………….. for Rs. ……………… on X Bank Ltd., Calcutta Branch.