AGREEMENT TO SELL
THIS AGREEMENT made and
executed at [Place] this [Date], by and between
Shri___son of___, Indian Inhabitant, residing at
[address](hereinafter referred to as the
"First Party", which expression shall, unless it
be repugnant to the context or meaning thereof,
be deemed to mean and include its successors and
assigns) of the ONE PART AND
Shri___son of___, Indian Inhabitant, residing
at___(hereinafter referred to as the "Second
Party",
which expression shall, unless it be repugnant to
the context or meaning thereof, be deemed to mean
and include its successors and assigns) of the
OTHER PART.
WHEREAS the first party is
the sole and lawful owner, lessee, allottee and
in possession of flat / Property No.and the flat
/ Property consists of (Give the details of
accommodation).
AND WHEREAS the aforesaid
flat / property is self-acquired property / flat
of the first party wherein his / her
predecessors, heirs, successors, family members
or any other person whosoever have no right,
title or interest and as such the first party is
fully competent and has full and unfettered power
to transfer / sell / lease / mortgage the said
property / flat and to execute this agreement to
sell.
AND WHEREAS the first party
for his lawful needs and requirements has agreed
to sell and second party has agreed to purchase
the said property / flat No.__With full lease
hold rights of the land underneath the said
property / flat with all sanitary and civil
fittings, fixtures, with all rights and titles of
the same for a sum of Rs.
AND WHEREAS the first party
has paid the entire amount / purchase price for
the aforesaid property / flat as the cost of land
to the DDA and cost of construction to the
society/local authority and that no sum / payment
or any other demand is due against the said
property / flat or against the first party in any
manner whatsoever pertaining to the said flat /
property.
AND WHEREAS total
consideration payable is a sum of Rs.
…….and the same has been received by
the first party from the second party by way of
cash / cheque / demand draft
No.…………
dt.……….Drawn
on
at …………. the time of signing
of this agreement and the receipt of the same,
the first party hereby admits and acknowledges
before the Sub-Registrar Delhi with a valid legal
separate receipt.
NOW THIS AGREEMENT
WITNESSETH AS UNDER :
1. That the first party in
consideration of having received full and final
payment as the sale price of
Rs.……….of the said flat / property
from the second party, has handed over to the
second party following original documents at the
time of signing of this agreement and that all
such documents will continue to remain with the
second party.
a.
Share certificate issued by the said
……….for one share of the
said………….. to the first party
for issue price of Rs.
……………….
b.
Original letter of allotment from the said
………to the first party
No.…………. Dt.
c.
No dues certificate letter from the said
d.
Original pass book carrying account of the first
party towards payments made to the said
2. That the second party on
behalf of the first party or otherwise shall
apply to the DDA / and / or such other authority
for the transfer / conversion of the said flat /
property in favour of the second party and shall
obtain all the necessary permission / approvals
subject to the purchaser paying the unearned
increase if any payable to the DDA on account of
such transfer / conversion which shall be in
addition to the aforesaid agreed sale
consideration and hence the first party will
execute proper sale deed(s) for conveying the
said property / flat in favour of the second
party or his / her nominee within a period of one
month from the date of grant of sale permission /
approval and get the same duly registered in the
office of Sub-registrar or equivalent authority.
3. That the second party
shall pay such dues relating to house tax, bills
or demands of the concerned authorities as may
accrue after ………or the date of
agreement whichever is earlier / later. The first
party agrees to settle or pay all other dues
relating to house tax or demands of the concerned
authorities pertaining to the said property until
the said date.
4. That the first party
shall obtain all the necessary permissions and
approvals to complete the transaction including
the following :
a.
Permissions from the DDA to transfer the
aforesaid flat / property in favour of the second
party or his / her nominee (s) at the cost and
expenses of the second party.
b.
Income tax clearance certificate / permission /
no-obligation from the Income Tax Authority(s) in
favour of the second party or his / her
nominee(s).
c.
Any other permissions that may be required to
transfer the said flat / property in favour of
the second party at the time of the registration
of the sale deed at his own cost , stamp duty,
registration charges, conveyancing etc., shall be
paid and borne by the second party and in that
event the first party shall not make any further
claim / demand from the second party or his
nominee and the first party shall extend full
help and co-operation as the second party may so
require to complete the transfer of said flat /
property to second party and first party shall
raise no objection whatsoever.
5.
That in case the aforesaid flat / property is
transferred / or converted in freehold from
leasehold / registered in favour of the second
party or his nominee, the first party shall be
responsible and further fully co-operate with the
second party to complete all such formalities and
documentation that may be required by the second
party.
6.
That the first party has also executed a (general
power of attorney(s) and special power of
attorney(s) ) in favour of the second party and
the said document shall not be revoked or
cancelled by the first party under any
circumstances whatsoever.
7.
That the second party shall have full rights and
privilege to transfer or sell or mortgage or
otherwise pledge or otherwise create change, lien
on the property to raise funds or transfer the
said property to any other person whatsoever and
in any manner whatsoever and the first party
shall be responsible and shall co-operate in
execution of fresh documents in favour of the
intending purchaser or mortgagee / transferee or
to any other person / bank / institution /
society / as the second party may desire to sell
/ transfer the said property / flat and the first
party shall not demand any fresh compensation or
payment whatsoever from the second party.
8.
That till this date, no lease deed / sub-lease
has been executed, by the DDA and if any such
documents have to be executed, then the second
party shall get it registered or executed, on
behalf of the first party or otherwise on its own
and first party shall be responsible to sign all
such necessary documents or fill up performa or
make applications as may be required in
accordance with the rules and regulations
applicable at that time and the first party shall
be responsible and shall cooperate with the
second party in obtaining necessary approvals for
the execution of the said documents.
9.
That in case the first party does not perform its
part of the contract then the second party shall
be entitled to enforce this contract by way of
specific performance before the appropriate court
at the risk and cost of the first party without
prejudice to second party’s rights to seek
other compensation / remedies.
10. That it has been agreed
upon between the parties that the first party
shall keep the second party indemnified and free
from all losses / damages which may be suffered,
incurred, undergone and / or sustained by the
second party due to any by reason of any defect
in the title of the property.
11. That the first party
and his representative has represented to the
second party that the said society (Give the name
of the society) shall not charge any fees or
payment for entering the society for peaceful
living and that in the event the said society
demands any such payment or fees, then the first
party shall be liable to pay such demands or dues
to the said society directly or reimburse to the
second party in the event the second party has
already paid to the said society.
12. That the first party
undertakes to introduce the second party to the
said society at the time of handing over the
complete and peaceful possession of the said flat
including the said parking space and obtain a new
identify card in favour of the second party, the
second party being the purchaser and occupant of
the said flat.
13. That the first party
shall give necessary intimation to the office
bearers of the said society in connection with
handing over the possession of the said flat and
sale thereof to the second party and a copy of
the said letter signed by the first party will be
given to the second party at the time of signing
of this agreement.
14. That the first party
shall make the application or sign such papers to
be submitted to electricity authorities for
installation of electricity connection/ power
meter in the said property / flat.
15. That any property tax,
lease money and all other dues and demands,
arrears etc., relating to the said flat/property
no. prior to the date of this agreement shall be
paid by the first party to authorities concerned
and thereafter shall be paid by the second party.
16. That the first party
assures the second party that the said property /
flat is absolutely free from all kinds of
encumbrances such as sale, mortgage, lien,
charge, gift, and if it is so proved or found
otherwise, then the first party shall be liable
and responsible to indemnify the second party for
losses or damages or costs as may be incurred /
suffered or borne by the second party on such
account.
17. That in the event of
any dispute between the parties on any other
matter relating to the allocation and transfer of
the aforesaid flat / property including the land
underneath the flat and the said parking lot
thereto allotted against the membership be
referred to the sole arbitrator to be appointed
mutually by the first party and the second party
and the award of the arbitrator shall be binding
on both the parties hereto.
18. IN WITNESS WHEREOF both
the parties have subscribed their respective
hands on these presence on the place, date, month
and year first above mentioned in the presence of
the following witnesses :
- SIGNED,
SEALED AND DELIVERED
- by the within
named Mr.__, the FIRST PARTY
- in the
presence of Mr.[name] and
- Mr.[name]
- SIGNED, SEALED AND DELIVERED
- by the withinnamed Mr.___,
the SECOND PARTY
- in the presence of Mr.[name]
and
- Mr.[name]
-
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