Form of Conveyance—English Precedent
This indenture made this ………….. day of …………. between AB son of ………….. etc., hereinafter referred to as the vendor which expression shall where the subject or context allows etc. of the one part and CD son of etc. hereinafter referred to as the purchaser which expression shall where the subject or context allows, etc. etc. of the other part.
State the recitals concisely and precisely
Whereas the vendor ………….. as lawful owner is seized and possessed of or otherwise well and sufficiently entitled to the messuage, tenements, land, hereditaments and premises (hereby intended to be granted and conveyed and hereinafter referred to as the said property) as an absolute and indefeasible estate in fee simple or an estate equivalent thereto free from encumbrances and whereas the vendor has contracted with the purchaser for the absolute sale to him of the said property hereinafter more particularly mentioned and described free from encumbrances at or for the price of Rs. ………… . Now this indenture witnesseth that in pursuance of the said agreement and consideration of a sum of Rs. ………to the vendor paid by the purchaser at or immediately before the execution of these presents the receipt whereof the vendor doeth hereby admit and acknowledge and of and from the same and every part thereof acquit, release and discharge the purchaser, his heirs, executors, administrators, representatives and assigns and everyone of them and also the said property he the vendor as beneficial owner doeth by these presents indefeasibly grant, sell, convey and transfer, assign and assure unto the purchaser, his heirs, executors, administrators, representatives and assigns free from encumbrances, attachment and other defects in title all that the said premises No. ……………… fully mentioned and described in the schedule hereto or howsoever otherwise the said property now or heretofore were or was situate, butted, bounded, called, known, numbered, described and distinguished together with the land or ground whereupon or on part whereof the same is erected and built together further with all houses, out-houses or other buildings, erections, fixtures, walls, yards, courtyards and benefit and advantages of ancient and other lights, liberties, easements privileges, appendages and appurtenances whatsoever to the said property or any part thereof belonging or in any wise appertaining to or with the same or any part thereof usually held, used, occupied or enjoyed or reputed to belong or be appurtenant thereto and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and of every part thereof together furthermore all the estate, right, title, inheritance, use, trust, property, claim and demand whatsoever both at law and in equity of the vendor into and upon the said property or every part thereof and all deeds, pattas, muniments, writings and evidences of title which in any wise relate to the said property or any part or parcel thereof and which now are or hereafter shall or may be in the custody, power or possession of the vendor, his heirs, executors, administrators or representatives or any persons from whom he or they can or may procure the same without action or suit at law or in equity to enter into and have hold, own, possess and enjoy the said property and every part thereof hereby granted, sold, conveyed and transferred or expressed and intended so to be with their rights, members and appurtenances unto and to the use of the purchaser, his heirs, executors, administrators, representatives and assigns forever freed and discharged from or otherwise by the vendor well and sufficiently indemnified of and against all encumbrances, claims, liens etc. whatsoever created or suffered by the vendor from to these presents and the vendor doeth hereby for himself, his heirs, executors, administrators and representatives, covenant with the purchaser, his heirs, executors, administrators, representatives and assigns, that notwithstanding any act, deed, or thing whatsoever, by the vendor or by any of his predecessors and ancestors in title, done or executed or knowingly suffered to the contrary he the vendor had at all material times heretofore and now has good right, full power, absolute authority and indefeasible title to grant, sell, convey, transfer, assign and assure the said property hereby granted, sold, conveyed and transferred or expressed or intended so to be, unto and to the use of the purchaser, his heirs, executors, administrators, representatives and assigns in the manner aforesaid and that the purchaser, his heirs, executors, administrators, representatives and assigns shall and may at all times hereafter, peaceably and quietly enter into hold, possess and enjoy the said property and every part thereof and receive the rents, issues and profits thereof, without any lawful eviction, hinder and interruption, disturbance, claim or demand whatsoever from or by the vendor or any person or persons lawfully or equitably claiming any right or estate thereof from under or in trust for him or from or under any of his ancestors or predecessors in title and that free and clear and freely and clearly absolutely acquitted, exonerated and released or otherwise by and at the costs and expenses of the vendor well and sufficiently save indemnified of from and against all and all manner of claims, charges, liens, debts, attachments and encumbrances whatsoever made or suffered by the vendor or any of his ancestors or predecessors in title or any person or persons lawfully or equitably claiming as aforesaid and further that the vendor and all persons having or lawfully or equitably claiming any estate or interest whatsoever in the said property or any part thereof from under or in trust for him the vendor or from or under any of his predecessors or ancestors in title shall and will from time to time and at all times hereafter at the request and costs of the purchaser, his heirs, executors, administrators, representatives and assigns do and execute, or cause to be done and executed all such acts, deeds and things whatsoever for further better and more perfectly assuring the said property and every part thereof unto and to the use of the purchaser, his heirs, executors, administrators, representatives and assigns according to the true intent and meaning of these presents as shall or may be reasonably required and furthermore that the vendor and all his heirs, executors and administrators shall at all times hereafter indemnify and keep indemnified the purchaser, his heirs and executors, administrators and assigns against loss, damages, costs, charges and expenses if any suffered by reason of any defect in the title of the vendor or any breach of the covenants hereinunder contained.
The Schedule above referred
In witness whereof the vendor has hereunto set and subscribed his hand and seal by the day, month and year first above-written.
Signed, sealed and delivered at
Memo of Consideration
Received from the within-named purchaser the said sum of Rs. ………. being the full amount of consideration as per memorandum below:
Witness: Signature of vendor