Sale by an Administrator under an Order of Court

Sale by an Administrator under an Order of Court

This deed of sale made this ………… day of …………. 2000 between AB son of……….. Administrator to the estate of ………… deceased (hereinafter called the vendor which expression shall where the subject or context …………… be deemed to include his successor or successors in office of the one part and CD son of ……….. of ……… hereinafter called the purchaser which expression shall where the subject or context allows ……….. of the other part:

Whereas one W son of ……….. of ……….. died on ………. leaving a will dated ………. but without appointing any executor and whereas the said will was duly proved in the court of ……….. on the ……….. day of ………. in Probate Case No. ……….. of ………. and Letters of Administration with a copy thereof in respect of the properties and credits of the deceased was granted to the said AB on the …….. day of ……… and whereas the said grant is still in full force and virtue and the said AB is still now administering the estate and whereby by an order dated ………… made by the said ……… in Misc. Case No. ………… of ……… the said AB was authorised to sell the property fully mentioned and described in the Schedule hereto subject to the terms contained therein and whereas the said AB has pursuant to the said order agreed to sell and CD, the purchaser, hereto has agreed to purchase the said property at and for the sum of Rs. ……..……

Now this deed of sale witnesses that in pursuance of the said agreement and in consideration of the sum of Rs. ……… paid by the purchaser to the vendor the receipt whereof the vendor doth hereby admit, acknowledge and confirm and in exercise of the powers, authorities and liberties conferred upon, under and by virtue of the hereinbefore recited order and all other powers enabling him in that behalf he the said AB, viz., the vendor as Administrator and in due course of administration doth hereby and hereunder grant, convey, sell, transfer, assign and assure the said property and every part thereof unto and to use of the said CD purchaser, hereto his heirs, executors, administrators, representatives and assigns to have and to hold the same as an absolute owner thereof forever. And that the said AB doth hereby covenant with the said CD that the said property is free from encumbrances to the best of his knowledge and further that he as administrator has not done, executed and performed or suffered to the contrary any act, deed or thing whereby or by reason or means whereof the said property or any part thereof may be in any way affected or prejudical in title or estate or he as administrator may be prevented from granting, conveying, selling, transferring, assigning or assuring the same in the manner hereinbefore indicated. And furthermore that the said AB has not at any time heretofore given or made any assent or conveyance or conveyances affecting the said property or any part thereof in favour of any person or persons whatsoever.

In witness whereof the vendor and purchaser above-mentioned have hereunto set and subscribed their hands and seal the day, month and year first above-written:

The Schedule above referred to

Signed, sealed and delivered etc.                                                                        AB

CD

Memo of Consideration

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