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THIS AGREEMENT TO SELL is made at on this .. .day of ..between Shri ..S/o ..Resident of .. (hereinafter called the FIRST PARTY) AND Shri .. S/o Resident of . (hereinafter called the SECOND PARTY) The expression of the FIRST PARTY and the SECOND PARTY shall mean and include unless repugnant to the context their representatives, heirs, successors, legal representative, administrators, nominees and assigns etc., etc., IN RESPECT OF Where 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 requirement 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 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 date ..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 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 .Date. c. No dues certificate letter from the said d. Original pas 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 : 5. 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. 6. 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 document 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. 7. 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 partys rights to seek other compensation / remedies. 8. 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. 9. 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 identity card in favour of the second party, the second party being the purchaser and occupant of the said flat. 10. 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. 11. That the first party shall make the application or sign such papers to be submitted to DESU/ other electricity authorities for installation of electricity connection / power meter in the said property / flat. 12. 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. 13. 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. 14. 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 second party on such account. 15. 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: WITNESSESS 1. PARTY 2. SECOND PARTY |
Awaz
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