Sale by Benamidar and Beneficiary
THIS DEED OF SALE is made on the . . . . . . . . . day of . . . . . . . BETWEEN A. B. etc. (hereinafter called ‘‘the Benamidar’’) of the first part AND C. D. etc. (hereinafter called ‘‘the Vendor’’) of the second part AND E. F. etc. (hereinafter called ‘‘the Purchaser’’) of the third part.
WHEREAS the property described in the Schedule hereto was purchased by the Vendor from one X. Y. under a deed of sale dated . . . . . . . . . but as the Vendor was then in government service and under the rules of his service was not competent to make the purchase, the purchase was made fictitiously in the name of the Benamidar for and on behalf of the Vendor;
(or WHEREAS the Benamidar hereby admits the property described in the Schedule hereto really belongs to the Vendor although the name of the Benamidar is fictitiously recorded in the revenue records as the owner thereof;)
AND WHEREAS the Vendor has agreed with the Purchaser to sell the said property to him for the sum of Rs. . . . . . . . . .;
AND WHEREAS the Benamidar has, at the request of the Vendor agreed to join in the sale of the said property for the purpose of perfecting the title of the Purchaser thereto;
NOW THIS DEED WINTESSES as follows:
1. In pursuance of the said agreement and in consideration of the said sum of Rs. . . . . . . . . . paid before the execution hereof by the Purchaser to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor hereby transfers to the Purchaser and at the request of the Vendor the Benamidar hereby releases to the Purchaser ALL that property described in the Schedule hereto TO HOLD the same to the Purchaser as absolute owner.
2. The Vendor hereby covenants with the Purchaser as follows:
The said premises shall be quietly entered into and upon and held and enjoyed and the rents and profits received therefrom by the Purchaser without any interruption or disturbance by the Vendor or any person claiming through or under him and without any lawful disturbance or interruption by any other person whomsoever.
3. The Benamidar likewise covenants with the Purchaser that the said premises shall be quietly entered upon and held and enjoyed and the rents and profits received by the Purchaser without any interruption by him or anyone claiming through or under him.
4. The Vendor and the Benamidar respectively each for himself but not for the other covenants with the Purchaser that he will at the cost of the person requiring the same execute and do every assurance or thing necessary for further or more perfectly assuring the said premises to the Purchaser, his heirs or assigns as by him or them shall reasonably be required:
5. PROVIDED ALWAYS and it is hereby agreed that wherever such an interpretation would be requisite to give the fullest possible scope and effect to any contract or covenant herein contained the expressions ‘‘the Vendor’’ and ‘‘the Purchaser’’ hereinbefore used include their respective heirs, legal representatives, successors and assigns.
IN WITNESS WHEREOF the parties hereto have signed this deed on the dates mentioned against their respective signatures.