Clause on Restrictive Covenant by Gupta

V5_CH47A

760 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
145 145 145 145 145
Clause on Restrictive Covenant
[Alternative form]
The whole of the……………….. Estate edged in red on the sale plan has
been laid out by the vendor in the building plots as shown on the said plan
and it is intended that each plot should be sold subject to the restrictions
and stipulations shown in the particulars of each plot and the [first] schedule
hereto and with the benefit of the covenants entered into by the purchasers
of other plots and each purchaser shall in his conveyance enter into a
covenant for the benefit of the said…………….. Estate and every part thereof
to perform and observe the said restrictions  and stipulations affecting  his
plot.
146 146 146 146 146
Notice by V Notice by V Notice by V Notice by V Notice by Vendor?s Solicitor to Pur endor?s Solicitor to Pur endor?s Solicitor to Pur endor?s Solicitor to Pur endor?s Solicitor to Purchaser for finalising the chaser for finalising the chaser for finalising the chaser for finalising the chaser for finalising the
T T T T Transaction of Pur ransaction of Pur ransaction of Pur ransaction of Pur ransaction of Purchase or in Default, become liable chase or in Default, become liable chase or in Default, become liable chase or in Default, become liable chase or in Default, become liable
for all Losses or Damages for all Losses or Damages for all Losses or Damages for all Losses or Damages for all Losses or Damages
We hereby give you notice, on behalf of our client, Mr……………..,
of…………… the  Vendor of the premises No…. lately contracted to be
Purchased by you by an agreement dated the…………… day of………………,
20….., that the day thereby fixed or completion of the Purchase is now long
past, and that the Vendor is ready and willing to make and execute, and
to procure the concurrence of all necessary parties (if any) to a conveyance
in favour of yourself, or as you shall direct, of the premises comprised in
the said agreement, in accordance with the conditions and stipulations  of
the same ; and that the Vendor requires you, within….. days from this date,
to complete the Purchase, and pay the remainder of the Purchase-money
with interest up to the day of such completion, as provided by the said
agreement ; and I further give you notice, that the Vendor will hold you liable
for all losses or damages which may be incurred by him by reason of any
delay or default on your part in completing the said Purchase, or otherwise
in relation to the said agreement.
147 147 147 147 147
Notice by V Notice by V Notice by V Notice by V Notice by Vendor to the Existing Lessee of the Lease-hold endor to the Existing Lessee of the Lease-hold endor to the Existing Lessee of the Lease-hold endor to the Existing Lessee of the Lease-hold endor to the Existing Lessee of the Lease-hold
Pr Pr Pr Pr Property r operty r operty r operty r operty requiring him to pay Rent to the Pur equiring him to pay Rent to the Pur equiring him to pay Rent to the Pur equiring him to pay Rent to the Pur equiring him to pay Rent to the Purchaser chaser chaser chaser chaser
I hereby give you notice that……………, of……………., has Purchased theCh. 47]   SALE?FORMS 761
premises No….., which you hold under a lease, dated the…………… day
of…….. 20…….., and you are requested to pay to the said….or to such as
he may appoint, all rents and arrears of rent now due and hereafter to
become due from you in respect of the said premises.
148 148 148 148 148
Notice by Pur Notice by Pur Notice by Pur Notice by Pur Notice by Purchaser to V chaser to V chaser to V chaser to V chaser to Vendor for fur endor for fur endor for fur endor for fur endor for furnishing nishing nishing nishing nishing
abstract of title abstract of title abstract of title abstract of title abstract of title
I, the undersigned as solicitor for and on behalf of [purchaser] of
[address] hereby give you notice as follows :
1. The said [purchaser] requires you within [seven] days of the receipt
of this notice to deliver to him an abstract of title to the premises hereinafter
described which  by an agreement dated the………… day of……………. and
made between you and the said [purchaser] you contracted to sell to him
[description of Property].
2. In the event of you failing to deliver the said abstract of title within the
time aforesaid the purchaser will require you to return his deposit of Rs…….
with interest and the costs to which he has been put.
[Signature and address of purchaser?s solicitors]
149 149 149 149 149
Notice by V Notice by V Notice by V Notice by V Notice by Vendor to Pur endor to Pur endor to Pur endor to Pur endor to Purchaser intending to r chaser intending to r chaser intending to r chaser intending to r chaser intending to rescind escind escind escind escind
contract unless r contract unless r contract unless r contract unless r contract unless requisition is withdrawn equisition is withdrawn equisition is withdrawn equisition is withdrawn equisition is withdrawn
I, the undersigned as solicitor for and on behalf of [vendor] of [address]
hereby give you notice as follows :
1. This notice is given pursuant to clause…. of the [General] Conditions
under which you agreed to buy lot…of the property offered for sale by
auction on the….day of……. [or pursuant to clause….. of a contract dated
the…..day of…..and made between the said [vendor] of the one part and
yourself of the other part for the sale to you of the property known as……].
2. The said [vendor] is unable or unwilling on the ground of expense [or
as the case may be] to remove or comply with your objection or requisition
No….. requiring that he shall [here set out requisition].
3. Unless such objection or requisition shall in the meantime have been
withdrawn the said [vendor] will on the expiration of…days from the receipt
by you of this notice rescind the contract and return the deposit of Rs……762 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
paid by you in exchange for the abstract of title and papers delivered to you
in connection with the sale.
Dated the …..day of………..
[Signature and address of vendor?s solicitor]
To [purchaser] of [address]
150 150 150 150 150
Notice by V Notice by V Notice by V Notice by V Notice by Vendor thr endor thr endor thr endor thr endor through Auctioneer for Sale of ough Auctioneer for Sale of ough Auctioneer for Sale of ough Auctioneer for Sale of ough Auctioneer for Sale of
Pr Pr Pr Pr Property by Public Auction operty by Public Auction operty by Public Auction operty by Public Auction operty by Public Auction
(Vendor)…………..will sell by public auction through…. as auctioneer on
his behalf at [place of sale] at……o?clock on…the ……………. day of………. the
following property :
(Describe the  property)
N.B. The government revenue is Rs……….. per annum.
The municipal assessment is Rs…… and taxes are Rs……. per quarter
(consolidated).
The house is vacant/under occupation of tenants.
The property is partly affected by the proposed Road-Alignment Scheme
of…………… Improvement Trust. It has however been ascertained from the
Chief Valuer…………. Improvement Trust, that it is not possible to state when
this Road-Alignment scheme will be enforced.
The…………….. Municipal Corporation has-declared that the property is
in a dangerous condition and unfit for human habitation.
The conditions of sale and abstract of title are open to inspection during
business hours at the office of the Vendor?s solicitor…..at No….and will be
produced at the time of the sale.
Dated………..
………………
(Auctioneer)
151 151 151 151 151
Notice by Receiver under Or Notice by Receiver under Or Notice by Receiver under Or Notice by Receiver under Or Notice by Receiver under Order of court for sale of der of court for sale of der of court for sale of der of court for sale of der of court for sale of
Pr Pr Pr Pr Property by Public Auction operty by Public Auction operty by Public Auction operty by Public Auction operty by Public Auction
To Be Peremptorily Sold by the  undersigned as Receiver pursuant toCh. 47]   SALE?FORMS 763
the order/decree passed on the……day of….. in Suit No…..of……………….
(wherein………. is the plaintiff and…………… is the defendant) at…….o?clock
on………….the…day of……..at (place) by public auction (unless previously)
disposed of by private treaty) the following property belonging to Sri….
of………..
(Describe the property)
For further particulars, conditions of sale and inspection of the abstract
of title apply to the undersigned or his solicitor…………at No…………. on any
day before the sale, whereat the conditions will be produced.
Dated…………
……………………
(Receiver)
152 152 152 152 152
Notice by an Executor pursuant to the powers under the Notice by an Executor pursuant to the powers under the Notice by an Executor pursuant to the powers under the Notice by an Executor pursuant to the powers under the Notice by an Executor pursuant to the powers under the
W W W W Will for Sale of the Deceased?s Estate by Public Auction ill for Sale of the Deceased?s Estate by Public Auction ill for Sale of the Deceased?s Estate by Public Auction ill for Sale of the Deceased?s Estate by Public Auction ill for Sale of the Deceased?s Estate by Public Auction
The undersigned as Executor to the estate of…………… deceased and
pursuant to the powers conferred on him by the Will of the said deceased
dated the…………… day of………………. will sell by public auction at………
o?clock on………….. the…………. day of……..etc. (continue as in the preceding
Form).
Dated…………
……………………
(Executor)
153 153 153 153 153
Notice by V Notice by V Notice by V Notice by V Notice by Vendor to Pur endor to Pur endor to Pur endor to Pur endor to Purchaser to Complete chaser to Complete chaser to Complete chaser to Complete chaser to Complete
Pur Pur Pur Pur Purchase of Land chase of Land chase of Land chase of Land chase of Land
1. That the vendor is willing to execute a transfer to you of the property
situate at………. contracted to be purchased by you by an agreement in
writing dated the…………… day of…………….. and made between the vendor
of the One Part and yourself of the Other Part.
2. That you have made default in complying with your obligations under
the said agreement in that you have failed to complete the purchase of such
property and to pay the purchase money by [date] being the date fixed for
completion by the said agreement.764 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
3. That you are hereby required to make good such default by completing
the purchase of such property and paying the purchase money together
with interest in accordance with the terms of the said agreement before the
expiration of […………] days from the date of service of this notice and that
if you fail to comply with this notice within the time aforesaid the vendor will
proceed to enforce the rights, powers and remedies at law and in equity
in relation to forfeiture of deposit the re-sale of the said property the recovery
from you of any loss incurred by the vendor on such re-sale and all expenses
and disbursements incurred by him in connection therewith and the other
matters relating thereto.
[Signature and address of vendor?s solicitor]
154 154 154 154 154
Notice by Pur Notice by Pur Notice by Pur Notice by Pur Notice by Purchaser to V chaser to V chaser to V chaser to V chaser to Vendor that he does not waive endor that he does not waive endor that he does not waive endor that he does not waive endor that he does not waive
objection to title by taking Possession objection to title by taking Possession objection to title by taking Possession objection to title by taking Possession objection to title by taking Possession
I, the undersigned as solicitor for [purchaser] of [address] hereby give
you notice that by his taking possession this day with your consent of the
property situate at…contracted to be purchased from you by him by an
agreement dated the……. day of……… and made between yourself of the
One Part and him of the Other Part he does not waive his right to the proof
of your title to the said property and to require replies to the requisitions
and observations made or to be made by him thereon or to any other of
his rights under the said agreement or otherwise.
[Signature and address of purchaser?s solicitor]
155 155 155 155 155
Notice by Pur Notice by Pur Notice by Pur Notice by Pur Notice by Purchaser avoiding the Contract  on the chaser avoiding the Contract  on the chaser avoiding the Contract  on the chaser avoiding the Contract  on the chaser avoiding the Contract  on the
Pr Pr Pr Pr Property becoming subject to acquisition operty becoming subject to acquisition operty becoming subject to acquisition operty becoming subject to acquisition operty becoming subject to acquisition
I, the undersigned as solicitor for and on behalf of [purchaser] of
[address] hereby give you notice as follows :
1. This notice is given pursuant to condition….. of an agreement dated
the….day of…and made between you of the One Part and the said
purchaser of the Other part for the sale to him of certain property known
as………
2. The said [purchaser] requires you within [one week] of the said notice
to repay to the said [purchaser] [or to repay to him] the sum of Rs……….Ch. 47]   SALE?FORMS 765
paid by him [to you] as a deposit on the signing of the said contract and
on repayment of the same he will return to you all abstracts and papers
relating to the said property  belonging to you which are now in his
possession.
[Signature and address of purchaser?s solicitor]
156 156 156 156 156
Notice to complete a pur Notice to complete a pur Notice to complete a pur Notice to complete a pur Notice to complete a purchase of Leaseholds by V chase of Leaseholds by V chase of Leaseholds by V chase of Leaseholds by V chase of Leaseholds by Vendor to endor to endor to endor to endor to
Pur Pur Pur Pur Purchaser wher chaser wher chaser wher chaser wher chaser where misdescription is admitted and e misdescription is admitted and e misdescription is admitted and e misdescription is admitted and e misdescription is admitted and
Compensation is payable under the Contract Compensation is payable under the Contract Compensation is payable under the Contract Compensation is payable under the Contract Compensation is payable under the Contract
I, the undersigned as solicitor for and on behalf of [vendor] of [address]
hereby give you notice as follows :
1. In consequence of the misdescription in the said agreement, namely
[set out misdescription and state the true facts] he will allow you by way
of compensation a deduction of Rs………… from the purchase price [or such
a deduction from the purchase price as may be determined by [surveyors]
of [address] to be fair and reasonable.
2. If you fail to comply with this notice within [twenty-one] days from the
date hereof [or after the amount of the said deduction shall have been
determined as aforesaid] the deposit of Rs………. paid by you will be forfeited
to the said [vendor] who will either rescind the contract or resell the property
in accordance with the provisions of the said agreement and will claim from
you the deficiency (if any) on such resale and all expenses attending the
resale and any attempted resale and all costs, losses, damages and
expenses incurred by him by reason of your delay or default in performing
the said agreement.
[Signature and address of vendor?s solicitor]
157 157 157 157 157
Notice to complete a Pur Notice to complete a Pur Notice to complete a Pur Notice to complete a Pur Notice to complete a Purchase of Pr chase of Pr chase of Pr chase of Pr chase of Property  by operty  by operty  by operty  by operty  by
Pur Pur Pur Pur Purchaser to V chaser to V chaser to V chaser to V chaser to Vendor endor endor endor endor
I, the undersigned as solicitor for and on behalf of [purchaser  ] of
[address, etc.] hereby give you notice as follows :
1.  The said [purchaser] is willing to complete the purchase of the property
situate at……… contracted to be purchased by him from you by an
agreement dated the……………… day of……………… the title to which was766 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
accepted on the…………….. day of……………… [or  a draft conveyance of
which was submitted to your solicitor for approval on the………………. day
of………….. and has not yet been approved by him on your behalf] in
accordance with the terms of the said agreement and hereby requires  you
to complete the same.
2. In the event of your failing to complete the same within…….. days from
the date hereof the said [purchaser] will seek such relief as he may be
entitled to by law.
[Signature of address of purchaser?s solicitor]
158 158 158 158 158
Notice to complete a Pur Notice to complete a Pur Notice to complete a Pur Notice to complete a Pur Notice to complete a Purchase of Pr chase of Pr chase of Pr chase of Pr chase of Property by operty by operty by operty by operty by
V V V V Vendor to Pur endor to Pur endor to Pur endor to Pur endor to Purchaser chaser chaser chaser chaser
I, the undersigned  as solicitor for and on behalf of [vendor] of [address]
hereby give you notice as follows :
1. The said [vendor] is willing and ready to execute and to procure the
concurrence of all other necessary parties (if any) to a conveyance to
yourself or as you may direct of the property situate at…….. contracted to
be purchased by you by an agreement dated the…………. day of……….. and
made between the said [vendor] of the One Part and yourself of the Other
Part in accordance with the terms of the said agreement.
2. The  said [vendor] requires you forthwith to tender such conveyance
for execution and to pay the balance of the purchase money together with
interest thereon in accordance with the terms of the said agreement.
3. If you fail to comply with this notice within [twenty-one] days from the
date hereof the deposit of Rs……… paid by you will be forfeited to the said
[vendor] who will either rescind the contract or resell the property in
accordance with the provisions of the said agreement and will claim from
you the deficiency in price (if any) on such resale and all expenses attending
the resale and any attempted resale and all costs, losses, damages and
expenses incurred by him by reason of your delay or default in performing
the said agreement.
[Signature and address of vendor?s solicitor]Ch. 47]   SALE?FORMS 767
159 159 159 159 159
Clause pr Clause pr Clause pr Clause pr Clause providing that the notice to be in writing only oviding that the notice to be in writing only oviding that the notice to be in writing only oviding that the notice to be in writing only oviding that the notice to be in writing only
The notices required to be given by the terms of this agreement shall
in all cases be construed to mean notices in writing, signed by or on behalf
of the party giving the same, and the same may be served either upon the
Other Party or upon his agent.
160 160 160 160 160
Notice to an Existing T Notice to an Existing T Notice to an Existing T Notice to an Existing T Notice to an Existing Tenant/Lessee by Pur enant/Lessee by Pur enant/Lessee by Pur enant/Lessee by Pur enant/Lessee by Purchaser of a chaser of a chaser of a chaser of a chaser of a
Lease-hold Pr Lease-hold Pr Lease-hold Pr Lease-hold Pr Lease-hold Premises emises emises emises emises
I, the undersigned, give you notice that by deed dated the…………….. day
of….., 20…….., made to me by……………….. your lessor, the house and
premises now in your occupation were conveyed to me ; and I require you
to pay all rent now due and payable and which shall hereafter become
payable in respect of the said premises to me or to any authorised agent.
[Signature of landlord]
161 161 161 161 161
Notice by Pur Notice by Pur Notice by Pur Notice by Pur Notice by Purchaser to the vendor r chaser to the vendor r chaser to the vendor r chaser to the vendor r chaser to the vendor requiring him to equiring him to equiring him to equiring him to equiring him to
Complete Per Complete Per Complete Per Complete Per Complete Perfor for for for formance of his obligations under a Contract mance of his obligations under a Contract mance of his obligations under a Contract mance of his obligations under a Contract mance of his obligations under a Contract
I, hereby give you notice and require you to complete performance of
your obligations under the contract of sale, dated the…………… day of……….,
20……., and made Between you  of the One Part, and myself of the Other
Part, by which you agreed to sell the premises situate at………. for the sum
of Rs………… And I further give you notice that if you fail to carry out your
obligations under the said contract within…….. days from this date, I shall
seek such relief as I may be entitled to be at law or in equity.
[Signature of Purchaser]
162 162 162 162 162
Clause of Notice of Existing T Clause of Notice of Existing T Clause of Notice of Existing T Clause of Notice of Existing T Clause of Notice of Existing Tenancies to the Pur enancies to the Pur enancies to the Pur enancies to the Pur enancies to the Purchasers chasers chasers chasers chasers
THE Purchaser(s) shall be deemed to have notice of the terms on which
all tenants hold, whether arising during the continuance or after the
determination of the tenancies, including any right to remove fixtures, and
shall not object on account of there being no agreement in writing with any
tenant.768 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
163 163 163 163 163
Clause  pr Clause  pr Clause  pr Clause  pr Clause  providing Restrictive Covenant as to the right of oviding Restrictive Covenant as to the right of oviding Restrictive Covenant as to the right of oviding Restrictive Covenant as to the right of oviding Restrictive Covenant as to the right of
way being r way being r way being r way being r way being reserved by the V eserved by the V eserved by the V eserved by the V eserved by the Vendor over One Lot endor over One Lot endor over One Lot endor over One Lot endor over One Lot
for benefit of Other Lots for benefit of Other Lots for benefit of Other Lots for benefit of Other Lots for benefit of Other Lots
Lot…………….. is sold subject to the rights of way to be given to the
Purchaser of Lot…………. as mentioned in the particulars, or to be reserved
to the Vendor if the last-mentioned Lot be not sold, and effect shall be given
to this condition by conveying the land to the Purchaser so that the
Purchaser of Lot………….. or the Vendor (as the case may require) shall have
the said rights and subject thereto to the use of the Purchaser for ever.  And
the Purchaser shall give to the Purchaser of Lot…………… or to the Vendor
(as the case may require) a separate acknowledgment of his right to
production of the conveyance and an undertaking for the safe custody
thereof.
164 164 164 164 164
Clause undertaking to fur Clause undertaking to fur Clause undertaking to fur Clause undertaking to fur Clause undertaking to furnish Abstract of T nish Abstract of T nish Abstract of T nish Abstract of T nish Abstract of Title by V itle by V itle by V itle by V itle by Vendor endor endor endor endor
with Pr with Pr with Pr with Pr with Provision for examination and corr ovision for examination and corr ovision for examination and corr ovision for examination and corr ovision for examination and correction and ection and ection and ection and ection and
execution of Conveyance upon Final Payment execution of Conveyance upon Final Payment execution of Conveyance upon Final Payment execution of Conveyance upon Final Payment execution of Conveyance upon Final Payment
of balance consideration of balance consideration of balance consideration of balance consideration of balance consideration
The said party of the First Part also agrees, on or before the………. day
of………….. 20……., to furnish to the said party of the Second Part a complete
abstract of title to said premises brought down to date, showing good and
marketable title to said premises, free and clear of any and all encum-
brances, save and except……and allow the said party  of the Second Part
a reasonable opportunity to have said abstract examined. The taxes on said
premises for the year 20…….are to be paid by the said party of the First
Part. Possession of said premises is to be delivered to the said party of the
Second Part on or before the……………… day of……, 20…… On his part the
said Party of the Second Part agrees to pay the said sum of Rs…………. in
the manner following : Rs………. upon the execution of this agreement,
(receipt whereof is hereby acknowledged) and the remainder within…..day
of…………… 20……., on or before the execution of the deed as herein
provided. In case the title is found to be defective after examination by the
attorney the parties of the First Part are to have a reasonable time to correct
errors or defects and make title good and marketable as above.   The
insurance on the buildings on the land above is to be assigned to the party
of the Second Part without charge.Ch. 47]   SALE?FORMS 769
165 165 165 165 165
Pr Pr Pr Pr Provision in a Conveyance, wher ovision in a Conveyance, wher ovision in a Conveyance, wher ovision in a Conveyance, wher ovision in a Conveyance, where V e V e V e V e Vendor fails to make endor fails to make endor fails to make endor fails to make endor fails to make
immediate title fr immediate title fr immediate title fr immediate title fr immediate title free fr ee fr ee fr ee fr ee from defects and encumbrances om defects and encumbrances om defects and encumbrances om defects and encumbrances om defects and encumbrances
in favour of Pur in favour of Pur in favour of Pur in favour of Pur in favour of Purchaser chaser chaser chaser chaser, to invest consideration , to invest consideration , to invest consideration , to invest consideration , to invest consideration
money as indemnity fund to be held in money as indemnity fund to be held in money as indemnity fund to be held in money as indemnity fund to be held in money as indemnity fund to be held in
T T T T Trust by the joint T rust by the joint T rust by the joint T rust by the joint T rust by the joint Trustees rustees rustees rustees rustees
Inasmuch as the title to the property is defective and incapable at present
of  being confirmed, the purchase money shall be paid by the Vendor to
two trustees (one to be nominated by the Vendor and the other by the
Purchaser) to be held in trust as an indemnity fund against all claims which
may be made for…..years from the date of the transaction of sales.  The
trustees shall invest the Purchase-money in any investments from time to
time authorised as investments for trust money, and shall have power to
vary investments, and, subject to satisfying such indemnity as aforesaid,
shall hold the indemnity fund and the income thereof upon trust to pay the
annual income thereof during the said….. years to the vendor and after the
expiration of that period as to both capital and income in trust for the Vendor
absolutely discharged from any claim of the Purchaser on account of any
adverse claim or demand respecting the title to the property which may arise
after the expiration of that period. But if the defect in title shall at the expense
of the Vendor be remedied to the reasonable satisfaction of the Purchaser
before the expiration of the said period, then the indemnity fund held in trust
for the Vendor shall be absolutely discharged as aforesaid. Simultaneously
with the execution of the deed of conveyance as aforesaid, a declaration
of trust shall be executed for giving effect to this clause  in the manner
aforesaid, and the same shall be prepared by and at the expense of the
Purchaser.
166 166 166 166 166
Requisition on T Requisition on T Requisition on T Requisition on T Requisition on Title itle itle itle itle
Questions Answers
1. From searches made it ap-
pears that the late Mr.  X and his wife
the present vendor who had jointly
purchased from Southern Estates
Limited, 1 Bigha, 11 Cottahs, 10
Chittacks and 24 Sq. ft. of land
executed and registered a Deed of
Agreement and Release on the …….
1(a) to (d) :
The said Deed of Agreement
and Release is not in the posses-
sion of the  Vendor.   The land in
question must have been described
in this document. The facts neces-
sitating the release of the land con-
cerned will also appear from the
G : CDD (Vol. 5) ? 49770 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
(registered at…..D.R. Office in Book
I, Volume…, at pages……to…. being
No…….. for the year…….) whereby
they released and divested them-
selves in favour of Southern Estates
Limited, 1 Cottah, 3 Chittacks and
43 Sq. Ft. on the South East side of
the very same property as Southern
Estates Ltd., had no title in respect
of the said portion 😕
Questions Answers
document. The Purchaser is to sat-
isfy himself on obtaining a certified
copy of this document at his ex-
pense.
(a) Please explain as to when
the defect in title was discovered
and in what circumstances.
(b) Was the land so released at
the instance of the authorities of
some mosque ? If so, there must
have been some dispute following
which this Deed was executed.
Please produce all correspon-
dence and/or other papers that
passed between the parties relat-
ing to such dispute and its settle-
ment.
(c) Please identify the portion so
released with reference to the plan,
attached to the Deed of Convey-
ance, dated the……19……and
specify the Dag Number thereof.
(d) In whose possession at
present is the said plot of land
measuring 1 Cottahs, 3 Chittacks
and 43 Sq. Ft. and by what right, and
how is that plot being used now ?
(e) What is the correct area of the
property agreed to be sold now ?
The Purchaser can find it by
actual measurement at his cost.
2. In the original Deed of Con-
veyance, dated….. , which has been
produced, the property is described
to comprise of C.S.Dag Nos.
……………. but in the Deed of Agree-
The Purchaser is to satisfy him-
self by making necessary searches
of the records kept at the Surveyor-
General?s Office, at…….Ch. 47]   SALE?FORMS 771
Questions Answers
ment and Release of 19……. the
portion released which formed part
of the property purchased under the
aforesaid Deed of Conveyance has
been described as being a portion
of C.S.Dag Nos………
In the finally published record of
rights  however the plots are de-
scribed as C.S.Dag Nos……….
(a) Please identify the property
agreed to be sold now with refer-
ence to correct Dag numbers of the
present Settlement Records.
(b) Please specify the area of
each of the Dags comprising the
property now agreed to be sold.
3. Please produce a copy  of the
sanctioned plan of the premises in
accordance with the present con-
structions were put up by the Ven-
dor and her late husband.
The Purchaser is to satisfy him-
self by making necessary searches
of the Municipal records.
4. Please produce all paid up
municipal rate bills relating to the
above property for the last 13 years.
The Purchaser is to satisfy him-
self by making necessary searches
at the Municipality that the munici-
pal taxes are being paid regularly. If
there is any outstanding dues the
same will be paid before completion
of Sale.
5. Has the Vendor?s name been
recorded in the records of Collec-
torate?
The purchaser is to satisfy him-
self by making necessary searches
at the Collectorate.
6. In reply to the letter dated
the…….of the Purchaser?s solicitor
the Vendor?s solicitors wrote to say
on the………..that the Vendors are
unable to produce the Deed of
Release from [Landlord] as to future
payment of the fixed annual rent of
Rs……… per Bigha and that as a
matter of fact no rent has ever been
6 (a) & (b)
It will appear from the recitals of
the Conveyance dated the…… made
between the Southern Estates Ltd.,
of the One Part and Mr.  X and his
wife of the Other Part that the South-
ern Estates Ltd. paid to the said
[Landlord] the amount equivalent to
thirty years? rents in full and final772 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
Questions Answers
demanded or paid by Mr.  and/or
Mrs.  X in respect of the land.
settlement of the latter?s claim for
rent (present and future) in respect
of the entire land comprised in Touzi
No…… including the lands comprised
in the above property.
Ever since the purchase of the
above property in….. under the
above Conveyance no rent has been
demanded of or paid by the
Vendor.The Purchaser may make
necessary enquiries from the South-
ern Estates Ltd. in this behalf.
(a) In whose custody is the said
Deed of Release now ?
(b) Unless however the Deed of
Release was in fact executed by……
[Landlord] on receipt of 30. years
rent as is receipted in the Deed of
Conveyance dated the….what guar-
antee is there that the property now
being sold which forms only a part
of a very much larger property un-
der the same superior landlord and
not separated in the said Zamindary
Seresta will not be put up for sale for
non-payment of rent of any other
portion of such entire property how-
ever small in spite of the fact that the
lease was entered in the Special
Register under Act XI of 1859.
In that view of the thing the Ven-
dor should make necessary enqui-
ries and produce for the Purchaser?s
solicitor?s inspection the Deed of
Release for purchaser?s protection.
7. It appears from searches made
that there were certain Income tax
liabilities of Mr. X when grant of
Letters of Administration was ap-
plied  for from…….High Court.
The Income-Tax liabilities as
shown in the Affidavit of Assets filed
in the High Court at the time of
obtaining the grant have been paid.
The receipted Treasury Challans &
relative departmental receipts evi-
dencing such payment are enclosed.Ch. 47]   SALE?FORMS 773
Have those liabilities been
cleared off ? Please produce proof
of such Payments.
8. Please specify the correct
boundaries of the property.
Questions Answers
The Purchaser can ascertain the
correct boundaries by personally
inspecting the property.
9. Is the property subject to any
mortgage, charge, attachment, lis
pendens, lien, trust or encum-
brances of any kind whatsoever ?
Nothing that the Vendor is aware
of:
10. Are there any rights of way or
other easements of light or air or
otherwise over the property ?
do
Please specify the existing ease-
ment rights either benefitting or af-
fecting this property in relation to its
adjacent buildings or lands.
11. Are the Vendors or any of
them aware of any defect in the title
or of any circumstances in connec-
tion therewith which may expose
the Purchaser to any risk after the
purchase is completed ?
do
12. Is there any latent defect of
which the Vendors are aware ?
do
13. Are there any requisitions of
the Government or the local au-
thorities which the Vendor has not
complied with ?
The question does not arise as
there has been no such requisition
to the knowledge of the Vendor.
14. Are the properties or any part
thereof affected by the Urban Land
(Ceiling & Regulation) Act, 1976 or
by any scheme or notice of the
Government or local authorities or
any public utility concern either for
acquisition or for requisition?
Nothing that the Vendor is aware
of.
15. Is the property affected by
any:?
15 (a) to (g)
Nothing to the knowledge of the
Vendor. (a) Mortgage.774 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
(b) Charge within the meaning of
Sec. 100 of the Transfer of Property
Act.
(c) Lien.
(d) Lis pendens.
(e) Any trust resulting Debutter
or benami or otherwise.
(f) Burden or obligation (annuity
or maintenance) etc.
(g) Attachment before or after
judgment.
(h) Agreement to sell or agree-
ment to lease or any other agree-
ment or any kind whatsoever.
Questions Answers
There is no other agreement for
Sale except with the Purchaser.
(i) Any encumbrances whatso-
ever other than those mentioned
above.
Nothing that the Vendor is aware
of.
(j) Is the premises subject to any
rights of residence or maintenance
of any kind or has any Receiver
been appointed in respect of the
said premises ?
do
(k) Is there any temple, mosque,
Darga, or any other place of wor-
ship affecting the property ?
do
16. Was there ever or is there
now pending any litigation (suit for
proceedings) in respect of these
properties ?
do
17. Is there any common or party
wall to or of the premises ?
do
18. Please furnish a list of all
furniture fittings and fixtures in the
property of which possession is to
be delivered to the Purchaser along
with the property.
The Purchaser may make an
inventory of the existing fixtures and
fittings by personally inspecting the
property. There is no furniture in the
property.
The Purchaser?s solicitors re-
serves the right to make furtherCh. 47]   SALE?FORMS 775
requisitions after the documents and
informations asked for above are
supplied and searches  by the
Purchaser?s solicitor have been
completed.
Dated this……..day of…….20………
Questions Answers
Dated this……..day of……. 20……….
Purchaser?s Solicitor. Vendor?s Solicitor.
167 167 167 167 167
Requisition on T Requisition on T Requisition on T Requisition on T Requisition on Title itle itle itle itle
[Another Form]
Questions Answers
1.  The Conveyance dated…….
(original produced) made between
A. B.  Co.  Ltd. as Vendor of the One
Part and X. Y……..as Purchasers of
the Other Part and registered in
Book No……..,  Volume No…..,
Pages……..to …….Being No…..for the
year …………at the office of the Dis-
trict Sub-Registrar at……recites
therein that by an Indenture of Lease
bearing date the……made between
D.C. therein described of the First
Part. P .Q. Co.  Ltd……… (In Liquida-
tion) of the Second Part, R.S………..
the then Official Liquidators of the
said P .Q.Co.  Ltd. of the Third Part,
the said D.C. demised by way of
Mourashi Mokarari Lease unto the
said P .Q. Co.  Ltd. …..and the Liqui-
dators thereof land measuring an
area of 205 Bighas mentioned in the
Schedule thereunder written at the
rental of Rs….. per bigha. It is also
recited that the said Lease was duly
entered into the special register of776 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
the Collectorate of……….in Case
No….of 19…………. under the provi-
sions of Act XI  of 1859.
(a) Please be good enough to
produce the said original lease and/
or  pattah.  The aforesaid lease or
pattah has been covenanted to be
produced. Please arrange for pro-
duction or appoint a time with the
present holders thereof for inspec-
tion of the same by Purchaser?s
Solicitors.
Questions Answers
(a) The Vendor is unable to pro-
duce the original lease and/or pattah
which never came into the posses-
sion of the Vendor nor did the Ven-
dor ever come across the same.The
Vendor is prepared to assign his
rights under the covenant for pro-
duction to the Purchaser.
(b) Please also supply us with
the certified copy of the entry en-
tered in the special register of
Collectorate of……as mentioned
above.
(b) The Vendor is unable to …….
supply the certified  copy asked
for.The Purchaser may procure…..
such certified copy at its own…..
costs.
(c) In the said Conveyance
dated……..  several other documents
and orders have been covenanted
to be produced. Please arrange for
production thereof or appoint a time
with the present holders thereof for
inspection of the same by Purcha-
ser?s Solicitors.
(c) As stated in answer to……….
question 1(a) above the Vendor is
unable to arrange for production of
documents  asked for, but is pre-
pared to assign his…..rights under
the covenant for production.
(d) Please also produce the rent
receipts evidencing payment of 30
years rent to Sri D.N. as recited in
the said Conveyance dated……………
(d) It will appear from……. the
recitals of the Conveyance dated
the….made between the….. A.B.Co.
Ltd. of the…..One Part and X.Y.  and
his wife….. of the Other Part that the
A.B.Co. Ltd. paid….to the said D.N.
the amount equivalent to 30 years
rent in full and……… final settlement
of the latter?s ……claim for rent
(present & future) in respect of the
entire land comprised in  Touzi
No…..including the lands comprised
in the above property. Ever since
the above property was purchased
by the Vendor in (date)…….., no rent
has been demanded of or paid byCh. 47]   SALE?FORMS 777
the Vendor.  Similarly to the knowl-
edge of the  Vendor no rent was
demanded or paid by the Vendor?s
predecessors in title ever since
19………The Purchaser may make
necessary enquiries from the A.B.
Co.  Ltd. in this behalf.
Questions Answers
(e) Please produce the certified
copies of relevant Khatians com-
prising the above premises.
(e) The Purchaser may procure
the certified  copies asked for at  its
own expenses.
(f) Please confirm that no amount
of rent is payable in respect of the
property in question to the superior
landlord or any of his heirs.
(f) See answer to question 1(d)
hereinabove.
2.  The Conveyance dated……
(original produced) made between
Land Holdings Ltd. and Mrs. X.Y.  as
Vendors of the One Part and X.Y.   as
Purchaser of the Other Part and
registered in Book No….  Volume
No…… Pages ……to…., Being
No….for the year 19……. at the office
of the Sub-Registrar, at……. recites
the aforesaid lease and other docu-
ments.
(a) Please be good enough to
produce the same or arrange for
inspection of the same by making
appointment with the present holder
of the same.
(a) See the answer the question
1(a) above.
(b) Please state the reasons for
non-production of the original docu-
ments which specifically relates to
the aforesaid property and which
recited in the said Conveyance
dated…..but not covenanted to be
produced in the said Conveyance
dated………
(b) The Vendor?s Predecessors
in interest could not trace the where-
abouts of the documents referred to
and as such they assigned their
right of production of those docu-
ments to the Vendor.The Vendor for
the same reasons is prepared to
follow the same course in his turn.
(c) Please state as to the month
and year in which the premises
(c) The Property in question was
never entered as No……..(old No.)778 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
known as No…… (Old No.) was
numbered as No…….. (Changed
No.) in the Assessment Register
of…..Municipality.
Questions Answers
in the Assessment Register of…..
Muicipality.The land in question was
plot No……….. of the Scheme of
development according to which
the A.B.Co.  Ltd. identified the prop-
erty and as such at the time of his
purchase the property was de-
scribed as No……. (old No.) in the
Deed of Conveyance. But since the
inception, the property was entered
in the Assessment Register of…….
Municipality as No…..  (new No.).The
Purchaser may verify these facts by
requisite searches of the relevant
Assessment Register.
(d) Please produce the certified
copies of the Record of Right i.e.
Purchase in respect of the afore-
said property.
(d) The Purchaser may procure
the certified copies as asked for at
its own costs.
3. Please state the present
boundary of the property in ques-
tion having regard to the changes
and/or renumbering of the neigh-
bouring Holdings by Corporation
of………
3. The Purchaser may ascertain
the boundaries by local enquiries
and requisite searches at its own
costs.
4. Please state as to whether the
name of the present  Vendor has
been mutated in the Corporation
Records, and……Collectorate.  If not,
the same should be done before
the completion of sale.
4. Yes, the Vendor?s name has
been mutated.
5. Please trace out the chain of
title of the property in question. The
answer must be supported with
documentary evidence.
5. The Purchaser may trace out
the chain of title by requisite
searches at its own costs and from
the recitals in documents already
produced.
6. Is there any wall, passage,
water, drain or any other things
whatsoever in the property in ques-
tion in common with the neigh-
bouring other properties?
6. No.Ch. 47]   SALE?FORMS 779
If so, please give details thereof
and allow inspection thereof.
Questions Answers
7. Is the property in question
completely separated from other
premises in all respects viz. water
(both filtered and unfiltered), drain-
age, electric connection etc. ?
7. Yes.
8. Is there any right to which the
property in question is subjected ?
Please give details and allow
inspection thereof.
8. The property in question is not
subject to any such right.
9. Pursuant to the agreement the
Vendor is to deliver vacant posses-
sion of the property in question.
How do the  Vendor proposes to
deliver the same accordingly ?
9. The Vendor will in terms of the
Agreement for Sale deliver com-
plete vacant possession of the prop-
erty simultaneously with the execu-
tion and registration of the Deed of
Conveyance.
10. (a) Please produce the Cor-
poration paid up rate bills for the last
three years in  respect of the prop-
erty in question.
10. (a) and (b). There are arrears
of taxes outstanding in respect of
the property for the last several
years due to certain disputes with
the Corporation of………….. Be that
as it may, all taxes and charges up
to the date of Conveyance shall be
paid and cleared up by the Vendor
at or before the time of completion
of the transaction.
(b) Please confirm that all taxes
and charges up to the date of Con-
veyance shall be paid by the Vendor
and the Vendor shall indemnify the
Purchaser against payment of the
same.
11. Please produce the building
plan and drainage plan sanctioned
by the Corporation of……..
11. Neither any building plan nor
drainage plan is available with the
Vendor.   The Purchaser may pro-
cure the same from the Corporation
of……at its own costs.
Please also state whether there
is any unauthorised construction in
the property in question.
The  Vendor did not undertake
any new construction in the prop-
erty in question ever since his pur-
chase in……… 20……and to the
Vendor?s knowledge there is no
unauthorised construction in the
property in question.780 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
If so, please allow inspection
thereof and explain how the Vendor
propose to regularise the same
before the completion of sale.
12. (a) Please state when the
last assessment was made and is
there any tax including supplemen-
tary bills outstanding.
(b) Please state whether any
new assessment notice has been
served upon the  Vendor. If so, please
produce the notice along with the
objection of the Vendor thereto.
Questions Answers
12. (a) to (e). The Vendor has not
within him at present any of the
connected papers.   The bunch of
Tax Bills etc. which the  Vendor
handed to Mr……., Advocate, then
acting for the Purchaser after ex-
ecution of the Agreement may kindly
be sent back to enable him to an-
swer these questions.
(c) Has the Vendor received any
notice from the Corporation of………
for enhancement of Corporation
Taxes ?
(d) If so, has the Vendor filed any
objection ?
(e) If such notice has been re-
ceived and objection filed please
produce copy of such notice as also
of the objection and state whether
any revaluation case is pending.
13. Is there any Municipal Road
alignment or Scheme affecting the
premises ?
13. None to the knowledge of the
Vendor.
14. Is there any Municipal Req-
uisition or objection affecting the
premises? If so, furnish particulars.
14. No, so far as the Vendor is
aware.
15. Is the premises or any part
thereof affected by the Scheme of
the………Improvement Trust or Lo-
cal Development Authority or any
other Scheme ?
15. No, so far as the Vendor is
aware.
16. Is the property affected by the
Urban Land (Ceiling & Regulation)
Act, 1976 and if so, has any state-
ment been filed u/s.  6(1) of the said
Act ?
16. No, so far as the Vendor is
aware.Ch. 47]   SALE?FORMS 781
17. Is there any?
(a) Encumbrances.
(b) Mor tgages, including
anomalous or equitable
mortgage.
(c) Charges.
(d) Attachment.
(e) Trusts.
(f) Debutter.
(g) Wakf.
(h) Easements.
(i) Lis pendens.
(j) Claim for maintenance.
(k) Lease of permanent na-
ture.
(l) Subsisting agreement for
sale.
(m) Insolvency proceedings.
(n) Latent defects.
(o) Or incidental of a similar
nature affecting or likely to
affect the premises preju-
dicially in title estate or
value.
Questions Answers
17. (a) to (o). No.
18. (a) Please enumerate the
original title deeds which shall be
handed over to the Purchaser si-
multaneously with the completion
of the Conveyance.
18. (a) All the title deeds relating
to the said property which are in the
vendor?s possession and which are
now lying  with the purchaser?s So-
licitors shall be handed over to the
Purchaser simultaneously with the
completion of the Conveyance.
(b) Please confirm that certified
copies of all the title deeds
covenanted to be produced in ear-
lier title deeds will be delivered to
the Purchaser simultaneously with
the completion of the Conveyance.
(b) No such certified copy will be
delivered by the Vendor. If required
the Purchaser may procure the same
at its own costs.782 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
19. Is the Vendor under any legal
disability to transfer the property ?
Questions Answers
19. No.
20. Is there any tomb, darga,
temple, or place of public worship in
the said property.
20. No.
21.  The  Vendor is required to
prove that there is no impediment or
bar under the Transfer of Property
Act or any other Act for the sale of
the property.  Please produce the
certificate.
21. The Vendor being the sole
and absolute Owner of the property
the question is irrelevant.
22. Has any certificate been filed
against the Vendor in the office of
the Certificate Officer under the
Public Demands Recovery Act or
has any notice been served on the
Vendor in respect of the said prop-
erty?
22. No.
23. Has any action been taken in
execution of certificate under the
said Act against the Vendor ?
23. Does not arise.
24. Has any demand been made
to the Vendor for payment of any
taxes in arrears ?
24. No.
25. Has any Income Tax notice
been served on the Vendor or any
publication issued under the Public
Demands Recovery Act for recov-
ery of any public demands ?
25. No.
26. Please state whether any
proceedings have been instituted
either under the Income Tax Act or
in any other Act against the Vendor?
If so, please state the result thereof.
26. No.  Does not arise.
27. Is any payment due from the
Vendor under Income  Tax, Busi-
ness Profit Tax, Excess Profit Tax or
any other tax in India.
27. No.Ch. 47]   SALE?FORMS 783
28. Please confirm to produce
the Income Tax Clearance Certifi-
cate by the Vendor under section
230A(I) of the Income Tax Act.
Questions Answers
28. Clearance Certificate under
section 230A(I) of the Income Tax
Act will be applied for upon confir-
mation from the Purchaser?s Solici-
tors that the Vendor has made out
marketable title to the said property
in terms of the Agreement for Sale
and will be produced by the Vendor
as soon as the Certificate is ob-
tained.
29. Please confirm to produce
the permission under the provisions
of Urban Land (Ceiling & Regula-
tion) Act, 1976.
30. Is the property agreed to be
sold demarcated by boundary pil-
lars, posts, or any line of demarca-
tion ? Whether the area covered
under the wall is included in the total
area of the property in question.
30. There are boundary walls all
round the property. The area cov-
ered by the boundary walls are
most probably included in the total
area.
31. Has there been any encroach-
ment on the said property ? If so,
give particulars thereof.
31. No.
32. Is there any pending suit or
proceedings in respect of the said
property ? If so, give particulars
thereof.
32. No.
33. Has any notice or requisition
been served on the Vendor under
the Municipal Act and/or Rules or
law and/or bye-laws framed there-
under for acquisition or requisition
of the said property? If so, please
give particulars thereof.
33. No.
34. Has any Receiver appointed
in respect of the above property ? If
yes, particulars of the proceedings
in which such Receiver was ap-
pointed should be stated.
34. No.784 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
35. Please state is the property
is occupied by tenants.  If so, please
submit list of tenants and copies of
agreement or lease entered into
with them and also particulars of
arrears of rent, if any, and whether
the tenancy is according to English
calender month and also particu-
lars of defaulting tenants.
Questions Answers
35. No.  Does not arise.
36.  The Vendor must categori-
cally state that the above property
is not affected by any decree or
compromise or order of any Court
whether by virtue whereof the Pur-
chaser may be put to loss or dam-
age or be impleaded in litigation or
cause it to suffer monetary loss and/
or damage ? The Vendor must se-
cure the Purchaser from any loss or
damage before the transaction is
completed.
36. Categorical statement from
the Vendor is hereby given as asked
for and the Vendor is agreeable to
secure the Purchaser as asked for.
37. Is there any window or win-
dows or other opening of any other
adjacent property abutting this prop-
erty ?
37. No.
38. Is the Vendor aware of any
defect in title relating to the said
property intended to be sold or any
portion thereof or any circumstances
in connection therewith which will
expose the Purchaser to risk after
completion of the purchase?
38. No.
39. Please confirm that the Ven-
dor will affirm a Declaration that the
property in question is free from all
encumbrances, charges and liens
whatsoever.
39. The Vendor is unable to af-
firm the declaration as asked for.
40. Is there any other latent or
patent defect  in the property of
which the Purchaser with reason-
able diligence can not discover.
40. No, so far as the Vendor is
aware.Ch. 47]   SALE?FORMS 785
41. The Purchaser reserves the
right for making further requisitions
arising out of the answers to these
requisitions on or the report of the
searches to be made on or further
materials.
Questions Answers
41. Such right is denied.
Dated this……..day of…….20……… Dated this……..day of…….20………
Purchaser?s Advocates Vendor?s Advocates
168 168 168 168 168
Searches Notes Searches Notes Searches Notes Searches Notes Searches Notes
At the Office of Registrar of Jt. Coys.
…………………………………………….
Re : Southern Estate Ltd.
……………………………….
Filed & Registered as No……..of 20….. on……………… by the Registrar.
Memorandum 3(1) is important : ?To purchase for investment or resale
and to traffic in land and house and other property of any tenure etc. ?
Capital Rs.  5,00,000 ; 50,000 shares of Rs.  10 each.
Subscribers Articles of Association
[Names] ………………………………
Seal to be affixed by one Director or Manag-
ing agents and documents signed by One
Director at least or Managing Agents.
Registered Office situated at…..when Coy.  registered.
Directors : (1) Sri………………………………….. in place of Sri……resigned.
Filed (2)  Sri A.B……………….. (3) Sri C.D………………………….
4-9-19……. (4) Sri E.F…………………. (5) Sri G.H………………………..
Some persons continued as per list filed on…… Regd. office Changed
to….and to …..change Place on………..
Company created equitable mortgage in favour of R.G.I…….on…for
Rs………….at……….. % with 1/2 yearly rates Regd. with the Registrar of Coys.
on………….
G : CDD (Vol. 5) ? 50786 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
Another mortgage for Rs……dated…….. in favour of Sri S.N.B. …….filed
on………………
Capital increased by another Rs.  5 Lakhs by a resolution dated……… filed
on…………………….
By extraordinary resolution of…..filed on……capital increased by another
10 Lakhs.
By special resolution passed on….Coy.  was changed into a Public
Limited Coy. (filled on……………)
Share Capital increased to 40 lakhs by special resolution passed on…….
(filed on…………..)
Further increased to 7,50,0000 on………  (filed on……….)
New  articles adopted on…….
Sri S.N.B. ?s mortgage satisfied on………. filed on………..
R.G.I. ?s Mortgage regd.  on………. satisfied (date not given) regd. on…………..
Regd. Office changed to……. (filed on……….).
169 169 169 169 169
Form of Appointment of a Broker/Agent for Sale of Form of Appointment of a Broker/Agent for Sale of Form of Appointment of a Broker/Agent for Sale of Form of Appointment of a Broker/Agent for Sale of Form of Appointment of a Broker/Agent for Sale of
Property upon Agreed Terms Property upon Agreed Terms Property upon Agreed Terms Property upon Agreed Terms Property upon Agreed Terms
……….20….
To……………….
In consideration of your accepting this agreement, and endeavouring to
sell the property described on the reverse side hereof, I hereby give and
grant unto you, irrevocably, for a period to and including the…. day of……..
20…., the sole and exclusive right to sell said property for the price and upon
the terms set forth on the reverse side hereof.  If, during the term hereof,
said property, or any part thereof, shall be sold by or through me, or you
or otherwise, directly or indirectly, at the price and upon the terms aforesaid,
or any other price, or upon any other terms approved by me, or if you shall
procure a  bona fide  offer from a Purchaser, ready, willing and able to
Purchase said property at the price and upon the terms aforesaid, then and
in any of said events, I shall pay you the commission Rs……% per cent on
the sale proceeds.  If, during the term hereof, said property, or any part
thereof, shall be sold, or exchanged through you, then I shall pay you the
said commission @ ………..% per cent on the sale price and your are hereby
given permission to collect the said commission on all properties involved
in such transaction. If, during term hereof, said property shall be sold orCh. 47]   SALE?FORMS 787
exchanged directly or indirectly by me or otherwise than by or through you,
then I shall pay you the aforesaid sales commission based on the price listed
on the reverse side hereof regardless of the actual sale or exchange price.
Permission to place your advertisement or signed-board on said property
is hereby given.
I have read, understood, and adopted as a part hereof, the memorandum
on the reverse side hereof.
Words in the singular shall be read in the plural when required by the
context of this Agreement.
The foregoing is hereby accepted and approved.
(Signature of Owner)
…………………………..
Address……………..
Place………….
Date…………..
(Reverse of Contract Form)
Terms of Sale
Price……………..Rs……………………………….
Deposit…………..  …………………………………
Cash Payment…………….. ………………………
Monthly Payment…………. ………………………
Including interest @ ……………………….%
Excluding interest @……………………….%
Owner……. Address……land…..Cottah (more or less) Rooms…….
Floors………… Bath…….. Bedrooms….Dinning Room…………….Drawing
Room……… Garage……….. Construction : (brick & R.C.C.) frame struc-
ture…………
Occupied by (owner/tenant/vacant), rent……..Rupees per month.
You are hereby authorised to place your  ?FOR SALE? signed-board on this
premises and to remove all other advertisement/sign-boards.
(Signature of Owner)
…………..20….788 CONVEYANCING, DRAFTING & DEEDS [Ch. 47
I/We hereby accept the agency for said premises on the terms above
stated.
Place…………
Dated………..
(Signature of Broker)
WITNESSES :
1.
2.
170 170 170 170 170
Appointment of Broker/Agent for Sale of Property Appointment of Broker/Agent for Sale of Property Appointment of Broker/Agent for Sale of Property Appointment of Broker/Agent for Sale of Property Appointment of Broker/Agent for Sale of Property
at Agreed Terms at Agreed Terms at Agreed Terms at Agreed Terms at Agreed Terms
[Alternative Form]
……….20….
I/We hereby authorise and employ you as my/our sole agent to procure
a Purchaser for the following property situated at……. and belonging to the
present owner.  The said property is to be sold for the sum of Rs………….
1. Said property to be conveyed by deed of general warranty with release
of dower.  Title to be free, clear and unencumbered, except : (Enumerate
any mortgages, liens, ground rents streets, or other assessments, ease-
ments, party walls, leases or restrictions that pertain to this property.
2. In consideration of your services to procure a Purchaser, I/We agree
to pay you the commission @…… per cent on sale price and said
commission to be paid when binding contract  for the sale is executed, and
further agree that you shall have the exclusive right to sell said property
for a period of…………. months, and that you shall be entitled to your
commission if the property is sold or exchanged by your, or the undersigned,
or any other person, at any price acceptable to the undersigned, during the
existence of this contract.
3. The sale or exchange of the property described above, to any person
to whom the broker shall have offered the same during the term of this
contract, if such sale or exchange is consummated within thirty days after
its termination, shall be considered a sale effected by said broker and shall
entitle him to the commission herein agreed to be paid.
[Signature of Owner]Ch. 47]   SALE?FORMS 789
I/We do hereby accept this agency on the  terms stated herein.
Place :…………..
Date :…………….
Witnesses :
[Signature of Broker/Agent]
171 171 171 171 171
Clause providing Absolute and Irrevocable authority to an Clause providing Absolute and Irrevocable authority to an Clause providing Absolute and Irrevocable authority to an Clause providing Absolute and Irrevocable authority to an Clause providing Absolute and Irrevocable authority to an
Agent for Sale of property at a reserved price within Agent for Sale of property at a reserved price within Agent for Sale of property at a reserved price within Agent for Sale of property at a reserved price within Agent for Sale of property at a reserved price within
stipulated period stipulated period stipulated period stipulated period stipulated period
1. In consideration of the services to be rendered by…………. (name of
Agent) hereinafter called ?Agent?, I hereby employ said agent for a period
of………. days from date hereof, to find a Purchaser for the property, situated
at……… described as follows, and I hereby grant to said Agent the sole and
irrevocable right to sell said property within said time for Rs……… and hereby
authorise said agent to accept a deposit thereon…………..
2. I hereby agree to pay said agent as commission @……. per cent of
the selling price whether said property be sold by said Agent or by me or
by another Agent or throug