Sale Deed by a Hindu Father of Ancestral
Property for Family Necessity
THIS SALE is made the . . . . . . . . . day of . . . . . . . . . 20 . . . ., BETWEEN A. B., aged about . . . . . . . . ., etc. in his personal capacity and as guardian of his minor son . . . . . . . . . . ., aged about . . . . . . . . years, resident of . . . . . . . . . , (hereinafter called ‘‘the Seller’’) of the one part AND C. D., aged about . . . . . . . . . years, son of . . . . . . . . ., resident of . . . . . . . . . . . . , (hereinafter called ‘‘the Purchaser’’) of the other part.
WHEREAS, K. L. purchased one pucca brick-built house situate at No. . . . . . . . . . on the . . . . . . . . . Road in the city of . . . . . , more specifically described below by a deed of sale, dated. . . . . . . and registered at the . . . . . . . . . Sub-Registry Office on . . . . . . . . . as No. . . . . . . . . . in Book I, Volume . . . . . . . . . , on pages . . . . . . . . . to . . . . . . ;
AND WHEREAS the said K. L. died issueless leaving him surviving a younger brother, namely, G. H., father of the Seller, who also died on the. . . . . . . .and the said house is now owned and possessed by the said Seller he being the only male issue of his father, the said G. H.;
AND WHEREAS the Seller is in need of money to defray family expenses, more specially the expenses of marriage of his younger sister AND whereas the Purchaser has agreed with the Seller for the absolute sale to him of the property described below at the price of Rupees. . . . . . (Rs. . . . . . .) only.
NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the sum of Rupees. . . . . . . (Rs. . . . . ) only, paid by the Purchaser as described below to the Seller, receipt whereof the said Seller hereby acknowledges, the said A. B., in his personal capacity and as natural guardian of his aforesaid son and as Karta of his joint Hindu family consisting presently of himself and his aforesaid minor son, governed by the Mitakshara School of Hindu Law does hereby convey, transfer and absolutely assign to the said C. D., free from all encumbrances, charges, claims and demands whatsoever, ALL THAT brick-built house more specifically described below:
AND ALL the estate, right, title, interest, claim and demand whatsoever of the Seller in or to the property hereby demised and every part thereof; TO HOLD the same to the Purchaser and his representatives absolutely.
The Seller hereby delivers to the Purchaser all deeds, evidence and writings now in his possession and custody relating to the title of the Seller to the property hereby demised.
AND the Seller and all persons claiming under him do hereby further agree with the purchaser, at all times hereafter and upon any reasonable request and at the cost of the Purchaser to do and execute, or cause to be done and executed, all such lawful acts, deeds and things whatsoever for further and more perfectly conveying and assuring the said property and any part thereof to the Purchaser and his representatives and placing him or them in possession of the same according to the true intent and meaning of this deed.
AND the Seller does also hereby agree to save harmless and keep indemnified the Purchaser from and against all losses, damages, costs or expenses which he may sustain or incur by reason of any claim being made by anybody whomsoever to the said property or in respect of any arrears of taxes or cesses due thereon.
And the Seller does hereby further agree with the Purchaser and declare that he has not done or been party to any act whereby the said property is or may be under any charge in title, claim, estate or otherwise, howsoever, or whereby the Seller is prevented from conveying or assigning the said property or any part thereof.
Description of property hereby demised:
One pucca single storey brick-built house situate at No. . . . . . . on the . . . . . . . . . Road in the city of . . . . . . . . ., and tenanted by Shri . . . . . . . . ., on a monthly tenancy yielding the sum of Rs. 30 p.m. bounded as follows:
EAST : Wall of the house hereby sold adjacent to the house
of . . . . . . . . . . . . . . . . . .
WEST : Wall of the house of . . . . . . . . .
NORTH : Wall of the house hereby sold adjacent to the house
of. . . . . . .
SOUTH : Wall and front door of the house hereby sold
affronting the . . . . . . . . Road . . . . . . . .
Mode of payment of consideration money:
Rupees . . . . . . (Rs . . . . .) only, paid by C. D. to A. B., on . . . . . . by way of earnest money and the balance of Rupees . . . . . (Rs . . .) only, by crossed cheque No. . . . . . . ., dated . . . . ., on the . . . . . . . . Bank, . . . . . . favouring the Seller.
IN WITNESS WHEREOF the abovenamed A. B. in his personal capacity and as guardian of his minor son. . . . . . . . ., has hereto signed at. . . . . . . . ., the day and the year first abovementioned.
Witnesses: Sd. A. B.,
1. ?? Seller.
2.