Sale of a Property by the Heirs of a Mohamedan

Sale of a Property by the Heirs of a Mohamedan

This deed of sale made on this ………… day of …………… 1999 by AB, CD, EF sons of MN and KL, daughter of MN, all residing at ………………… (hereinafter called the vendors (which expression shall unless the context otherwise requires include their respective heirs, executors, administrators and representatives of the one part and OP, son of XY, residing at …………. hereinafter called the purchaser (which term shall where the subject or context allows or admits include his heirs, successors and assigns) of the other part:

Whereas the said MN who was a Mohamedan governed by ………….. School of Mohamedan Law died intestate on ……….. possessed of inter alia a building known as …………… in the town of ………. fully mentioned and described in the schedule hereto and hereinafter referred to as the said property.

And whereas by an agreement dated ………… made between the parties, the vendors have for the consideration mentioned therein agreed to sell and the purchasers agreed to purchase the said property at and for the consideration mentioned therein on terms thereunder contained.

And whereas vendors have assured the purchaser that all expenditure incurred in respect of funeral and other expenses and death-bed charges as well as salaries and wages due to servants and others for services rendered to the deceased have been duly paid off out of other assets left by the deceased and further that the deceased left no will nor made any gift or wakf in respect of the aforesaid building nor was the same encumbered or charged in any way by the deceased during his lifetime or by the vendors after his death and furthermore that the vendors aforesaid are the only heirs of the deceased and as such are entitled to the proprietary as well as possessory interests in the said property.

Now this deed of sale witnesses as follows:

In consideration of the sum of Rs. …………. paid by the purchaser to the vendors on ……… (the date of the agreement for sale mentioned above) and in consideration of a further payment of Rs. ……….. as the balance of price in consideration of a further payment of Rs. ……….. as the balance of price of Rs. ……… (the receipt whereof the vendors hereby admit, acknowledge and confirm), the said vendors hereby grant, convey, sell, transfer, assign and assure unto and to the use of the said purchaser absolutely and forever all that building more particularly described in the Schedule hereto to have and to hold the same and forever enjoy without any claim, demand, interruption from the vendors or any other person or persons claiming under any one of them together further with all rights, interest, which the vendors heretofore enjoyed in respect of the said premises and with further covenants and indemnities which are hereby agreed to and/or assured unto the said purchaser.

And that the vendors do hereby assure the purchaser and covenant as follows:

(i)  That the vendors are the absolute owners of the said property and are lawfully entitled to convey the same unto the purchaser in the manner hereinbefore indicated:

(ii)  that no right of easements of any kind is available to any other person or persons in respect of the use and enjoyment of the said property;

(iii)  that the said property is free from all encumbrances, attachments and other charges and all rates and taxes due in respect thereof have been paid up to the date of sale and in the event of any encumbrance or public charges aforesaid are or is hereafter found to be due in respect of the same vendors shall forthwith pay the same to the appropriate authorities;

(iv)  that the purchaser shall at all times, hereafter have peaceful and quiet possession and enjoyment of the said property free from any claim, demand, interference and disturbance whatsoever by the vendors or their heirs, executors, administrators and representatives or person or persons claiming under or in trust for them or any of them;

(v)  that in the event the entirety of the property or any part or any share in the said property being lost to the purchaser on account of any claim made thereto by any other person or persons, the vendors and their heirs shall indemnify and keep indemnified the purchaser or his heirs against such loss together with all costs, charges and expenses which he or they may or shall incur to protect his or their title to the property or to defend the same;

(vi)  that the vendors shall execute any further deed or assurance that may be necessary in order to perfect the title of the purchaser in respect of the said property or any portion thereof.

The Schedule above referred to

In witness whereof the parties have set and subscribed their respective hands and seals the day, month and year first above-written.

Signed, sealed and delivered                  by the said vendors AB, CD, EF and KL in the presence of:

Signed, sealed and delivered               by the said purchaser OP in the presence of:

Memo of Consideration

Received of and from the within-named Purchaser the sum of Rs. ………. (Rupees …………..) being the full consideration within-named was to be paid by the Purchaser to us.

Witnesses                                                                                             We say received