Sale to a Co-operative Society

Sale to a Co-operative Society

This indenture is made this …………… day of …………… between ………… son of ……………… etc., or a partnership firm duly registered under the Indian Partnership Act having its registered office at No. …………… hereinafter referred to as the vendor (which expression where the subject or context allows or admits of shall mean and include his heirs, executors and administrators or successor or successors in business as the case may be) of the One Part and ………… son of etc., ………… and ……… son of etc., …………… 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 Co-operative Societies Act, ………… having its registered office at 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 between the vendor described therein as purchaser and Shri ………… (described therein as vendor) and registered with the Sub-Registrar of Assurances of …………… in Book ………… pages to …………… being No. ………… for ………… it was witnessed that the vacant piece or parcel of land or ground measuring ……………… situate, lying and being at …………… in the district of …………… and more particularly described in the Schedule hereunder written was granted, conveyed, sold, transferred, assigned and assured unto the vendor absolutely and for ever and whereas by an agreement dated the …………… day of …………… 20…… made between the vendor and ………… Builders, a Partnership firm having its office at No. ………… Road, …………… the said firm agreed to build upon and construct a multi-storeyed building on the said land upon terms thereunder contained. And whereas the said firm commenced with and constructed a building thereon consisting of several flats and the confirming parties have entered into agreements with the vendor for purchase in respect of such flats in such building and whereas the construction of the aforesaid building having been completed by the said firm the vendor has delivered possession of the respective flats in the said building to the respective purchasers as per agreements entered into with them. And whereas the individual flat-holders and such purchasers have accepted the said flats and possession thereof in terms of  clause (………………) of their respective agreement and whereas the holders of the flats in the said building known as “………………” formed themselves into a Co-operative Housing Society.

Now this indenture witnesseth that in pursuance of the said agreement and for the consideration aforesaid, the vendor do hereby grant, convey, transfer, sell and assure and the confirming parties do and each of them join with the vendor in effecting such transfer and sale and do hereby confirm unto the purchasers the said multi-storeyed building consisting of ground floor and ………… upper floors known as “……………” standing thereon situate lying being at …………… Road, in the …………… District of ………… together with the land thereunder containing by measurement ………… more or less and more particularly mentioned and described in the Schedule hereunder written together with the 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 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 enjoyed or reputed or known as part of 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 and confirming parties into and out of or upon the said premises or any part thereof to have and to hold, possess and enjoy  the said premises 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 to 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 that the vendor doth hereby covenant with the purchasers that notwithstanding any act, deed, matter or thing 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 of knowingly suffered to the contrary the vendor now has in himself good right, full power and absolute authority to grant, convey and assure the said premises hereby conveyed and assure 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 and every part thereof 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 and the confirming parties or any other person or persons lawfully or equitably claiming or to claim by, from, under or in trust for him or them and further that the vendor and the confirming parties 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 and/or the confirming parties shall and will from time to time and at all times hereafter at the request and cost of the purchasers do and execute and perform or cause to be done and executed all such further and other lawful reasonable acts, deeds, things and assurances in respect of 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.

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 hereinabove written.

The Schedule above referred to

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

Witnesses:                                                                                   Vendor