Sale to a Co-operative Society

Sale to a Co-operative Society

This indenture is made at ………… this ………… day of ………… in the year two thousand and ……… between ……… of ………… inhabitant hereinafter called the vendor (which expression shall mean and include his heirs, executors and administrators) of the One Part and ………… and ……… all inhabitants of ………… hereinafter referred to as the confirming parties of the Second Part and the …………… co-operative housing society limited, a Co-operative Society registered under the Maharashtra Co-operative Societies Act 1960, under No. Bom/HSG ………… of 1966 having its registered office at Plot No. ………… Road, ………… hereinafter called the purchasers (which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns) of the Third Part whereas by a Deed of Conveyance dated the …………day of ………… 20………… made and entered into between the vendor and Shri ……… and such of the confirming parties as mentioned hereunder ………… on the ………… 20……… all that vacant piece or parcel of land being at ………… in the registration sub-district of ………… and more particularly described in the Schedule hereunder written was conveyed unto the vendor and whereas by an agreement dated the ………… day of …………… 20……… made and entered into between the vendor and messrs ………… builders, a partnership firm having its office at No. ………… Road, ………… and the said firm agreed to purchase the said plot of land measuring about …………… square yards bearing plot ……… situate at ………… Road, ………… for a consideration of Rs. …………… and whereas by the said agreement it was confirmed that the entire consideration of Rs. …………… was paid by the said firm to the vendor and the vendor has delivered possession of the said plot of land to the said firm who were allowed to construct a building thereon as per the plans passed and sanctioned by the …………… municipality and the confirming parties were allowed by the vendor to sell the various flats in the said building on ownership basis as proposed pending transfer of the said property to the nominee of the said firm and whereas after entering into the said agreement dated the …………… day of …………… 20………… and obtaining possession of the said plot of land, the said firm commenced constructing a building thereon consisting of several flats and the confirming party entered into agreements with diverse persons in respect of such flats in such building and whereas the construction of the aforesaid building was completed by the said firm and the said building is now known as “……………………” (the said land together with the building standing thereon being more particularly described in the Schedule hereunder written) and whereas on the aforesaid building being constructed the said firm gave to the holders of the respective flats in the said building possession of the respective flats as per agreements entered into between the said firm and the individual flat-holders and such holders accepted possession thereof in terms of cl. (6) of their respective agreements and whereas the holders of all the flats in the said building known as “……………” formed themselves into a Co-operative Housing Society, viz. the purchasers herein and whereas the confirming parties are the present partners of the said agreements which the said firm had entered into with the holders of diverse flats, inter alia, provided that the aforesaid building which the said firm was then constructing would consist of a ground and ………… upper floors initially and that if and when the Municipal Corporation for …………… allowed the erecti­on of a further floor on such building the confirming parties would be entitled to do so and the confirming parties reserved unto themselves the right to dispose of the flats on such additional floor, viz. the ………… floor, or such building if and when erected and that the said land and the said building consisting of a ground floor and ………… upper floors would be transferred to such Co-operative Housing Society and that such conveyance would contain a condition reserving to the said firm the rights in respect of the said ………… floor as aforesaid and whereas the purchasers being the Co-operative Housing Society formed by the holders of all the flats of the aforesaid building consisting of a ground floor and …………… upper floors known as “………………” and the said land and building being already in possession of the purchasers and the full purchase price in respect of the said flats and the said garages in the said building (aggregating to Rs. …………) having been paid to the said firm, the purchasers requested the confirming parties  to procure a Deed of Conveyance from the vendor in favour of the purchasers reserving unto the confirming parties  the right in respect of the floor as aforesaid which the vendor and the confirming parties  have agreed to do in the manner hereinafter appearing now this indenture witnesseth that in pursuance of the said agreement and in consideration aforesaid the vendor doeth hereby grant, convey and assure and the confirming parties  do and each of them does hereby confirm unto the purchasers all that piece or parcel of land with the messuages, tenements and the building consisting of a ground floor and …… upper floors known as “………………” standing thereon situate lying and being at …………… Road, in the ………… Taluka of the …………… District containing by admeasurement about …………… square yards and more particularly described in the Schedule hereunder written together with all and singular the said building known as “……………” consisting of one ground floor and ………… upper floors (which said land, hereditaments and premises are hereinafter referred to for brevity’s sake as “the said premises”), courts, yards, areas, ways, compounds, paths, passages, waters, watercourses, sewers, ditches, drains, trees, plants, lights, liberties, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever to the said premises belonging or any wise appertaining to or with the same or any part thereof now or at any time heretofore usually held, used, occupied or enjoyed or reputed or known as part or member thereof or be appertaining thereto and also, together with all the deeds, documents writings, vouchers, and other evidence of title relating to the said premises or any part thereof and all the estate, right, interest, use, inheritance, property, possession, benefits, claim and demand whatsoever both at law and equity of the vendor into and out of or upon the said premises or any part thereof to have hold and possess the said premises and every part thereof described in the Schedule hereunder written and all and singular and other the premises hereby granted, conveyed and assured or intended so to be with their and other their rights members and appurtenances unto and of the use and benefit of the purchasers for ever subject nevertheless to the payment by the purchasers of all rents, taxes, assessments, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof to the Government or the Municipality and also subject and reserving the right in favour of the confirming parties to erect and put up one further floor (i.e., the ………… floor) on the said building known as “………………” if and when the Municipal Corporation for ………… allows such erection and also reserving unto the confirming parties the right to dispose of the flats of such additional floor (viz., the …………floor) if and when erected as also the right of approach to such ………… floor with the right to lay and connect drains, water and other pipes, electric and other cables, wires and connections and conveniences and all other access through or over the remaining part of such building and land in connection with such ………… floor to be erected by the confirming parties, and the vendor doth hereby covenant with the purchasers that notwithstanding any act, deed, matter or things whatsoever by him the vendor or any person lawfully or equitably claiming by, from, through, under or in trust for him made, done, committed or omitted or knowingly suffered to the contrary, he the vendor now hath in himself good right, full power and absolute authority to grant, convey and assure the said premises hereby conveyed and assured and intended so to be unto and to the use of the purchasers in the manner aforesaid and it shall be lawful for the purchasers from time to time and at all times hereafter peaceably and quietly to enter upon, possess and enjoy the said premises described in the Schedule hereunder written and to receive all rents, issues and profits thereof and of every part thereof to and for their own use and benefit without any suit, lawful eviction, interruption, claim and demand whatsoever for or by him the vendor or by any person or persons lawfully or equitably claiming or to claim by under or in trust for him and that free and clear and freely and clearly and absolutely acquitted, exonerated and for ever discharged or otherwise by the vendor well and sufficiently saved, defended and kept harmless and indemnified of, from and against all former and other estates, titles, charge and encumbrances whatsoever, had, made, executed, occasioned or suffered by the vendor or any other person or persons lawfully or equitably claiming or to claim by, from, under or in trust for him and further that He the vendor and all persons having or lawfully or equitably claiming any estate or interest whatsoever in the said premises or any of them or any part thereof from, under or in trust for the vendor shall and will from time to time and at all times hereafter at the request and cost of the purchasers do and execute or cause to be done and executed all such further and other lawful reasonable acts, deeds, things and assurances in the said land, hereditaments and premises whatsoever for the better and more perfectly assuring the said premises described in the Schedule hereunder written and every part thereof unto and to the purchasers in the manner aforesaid as by the purchasers shall be reasonably required and the purchasers do hereby covenant with the vendor and the confirming parties that they the purchasers shall and will at all times hereafter allow the confirming parties to erect one further floor, viz., the ……… floor on the said building known as “…………” if and when the Municipal Corporation of ……………… allows such erection and the confirming parties shall have the right to dispose of the flats on the ………… floor if and when erected and the stamp duty and registration charges are to be borne by the Purchasers’ Society.

In witness whereof the vendor and the confirming parties hereto have set their respective hands and seals and the purchasers have affixed its Common Seal to the original and duplicate thereof the day and the year first hereinafter written.

The Schedule above referred to

Received of and from the within-named purchasers herein the within-named consideration money to be paid by them to me sum of Rs. ………………….…… (Rupees …………………………. only) being the consideration money by cheque No. ………………… of X Bank Ltd.

Witnesses:                                                                              I say received.