AGREEMENT FOR SALE
(TO BE TYPED ON STAMP PAPER AND REGISTER WITH LOCALREGISTRATION OFFICE)
Sr No.
/Particulars
/Details
1.
/Agreement
/Agreement for Sale
2.
/Date of Agreement
/3.
/Place of Execution
/4.
/Vendor
/Address of Vendor
//
Name of person signing for Vendor
/Photograph of Vendor.
/
For Partnership
/Date of Partnership Deed together with copy
/For Company
/Board Resolution dated ______or
Letter of Authority dated______
/For Power of Attorney Holder
/Power of Attorney dated ______together with copy
/PAN Number
//
Title of the Vendors to the Property
/Ownership / joint Ownership / co-ownership / HUF / inheritance / otherwise
5.
/Purchaser
//
Address of Purchaser
//
Name of person signing for Purchaser
/Photograph of Authorized Signatory of Purchaser
/
PAN CARD No.
//
Service Tax No.
/4.
/Token Amount
/ Rs.______/-(Rupees ______Only).
Bank RTGS details
Bank Name
Bank Branch Name ______
IFSC code :
Account Number
(Amount of token shall be refunded on termination or determination of the agreement or same shall be adjusted towards balance consideration amount of the property)5.
/Particulars of Land
/ Address of the Land (Agri /Non-Agri) // Village Name /
/ Tahsil & Dist
/ S. No. / Hissa No/ Khasra No . /
/ Area (per Acre / Yard / sq.mts /sq.ft) /
/ Local Police Station /
/ Rate (per Acre / Yard / sq.mts /sq.ft) /
/ Total Consideration /
6.
/ Xerox copies of documents submitted together with Agreement // Title Documents /
/ Survey Map /
/ Property Extract /
/ Patta Passbook /
/ Krishi Pass Book /
/ No Encumbrance Certificate /
/ Measurement of Land / Survey Report /
/ Conversion Order /
7.
/ Terms and Conditions /As per Annexure-1
Annexure -1
1. The Vendor represents to the Purchaser as under :
a) That the title of the vendor to the said property is in accordance with law of land and in compliance with all applicable rules, Act etc.
b) That Vendors have paid all outgoings upto date of execution of agreement and further agreed to clear the same till date of execution of final sale deed.
c) That no proceeding are pending against the said property or any part thereof.
d) That no proceedings under the Land Acquisition Act, Land Requisition Act, Municipal Corporation Act, or under any other acts or enactments have commenced or are in progress in respect of the said property.
e) That no proceedings under the Indian Income Tax Act, 1992 or the Income Tax Act, 1961 or Wealth Tax Act or any other Acts relating to the taxes for the time being in force are pending in respect of the said property.
f) That the said property is not subject to any easement or quasi –easement or any other covenants or conditions adversely affecting the said property or any restrictive burdensome covenant whereby the said property or any party thereof could not be developed or constructed;
g) That the said property is not subject to any mortgage, lien, charge, statutory or otherwise or judgment or Government debts either before or after judgment in any court or before any authority whatsoever.
h) That the Vendors have good, clear and marketable title in respect of the said property is free from all encumbrances, claims, demands and doubts.
i) That the Vendors have got valid and absolute right, full power and absolute authority to enter into present Agreement.
j) That no notice or requisition or intimation under any Act whatsoever for acquisition or requisition or reservation of the said property or any part thereof for any public purpose has been served or received by the Vendors.
k) That prior to execution of present document, the Vendors have not entered into any negotiation with any third party in respect of the aforesaid said property, save and except the present Agreement herein.
l) The Vendor agrees and undertakes to execute all further documents, agreements, conveyances and affidavits, undertakings and forms etc., forever in favor of the Purchaser whenever required by the Purchaser for effectually transfer the said property and/or any authority for which all benefits thereof unto the transfer.
m) This Agreement has been concluded between the parties hereto on the basis of the representation of the Vendor that vendor has has acquired the aforesaid Property from earlier Land owner, which is valid and subsisting and no notice of acquisition or requisition of the said Property has been received by the vendors.
2. The Purchaser hereby covenants to Vendors as under:
a) to promptly carry out title due diligence.
b) to carry search and investigation in respect of the said property with the appropriate authorities.
c) to obtain necessary permission of the appropriate / competent Authority (wherever required) with co-operation and assistance of Vendors
3. If by any reason, Sale Deed cannot be executed, the Agreement shall be determined and come to end and in that event, advance payment (Token Amount) received by the Vendors shall be returned back to the Purchaser.
4. After execution of this Agreement for sale, the Purchaser shall be entitle to release the public notice in any newspaper of his choice inviting objections from the public at large and shall also be entitled to collect the relevant papers and to make enquiries regarding the title of the Vendors in respect of ‘the said property’.
5. The conveyance shall be executed by the Vendors in favour of the Purchaser or his nominee or nominees within a period of ….. days/…. months from the date of execution of these presents subject however that there shall not be any objection raised by any body to the title of the Vendors nor there should be any other defect in their title.
6. The Vendors shall get measured ‘the said property’ by a trained surveyor in presence of the Purchaser and shall assure the Purchaser regarding the area and possession of the Vendors over ‘the said property’ . The map of such private survey shall be prepared and shall be attached to the final conveyance deed /sale deed and it shall form the part of the same.
7. It is expressly agreed by and between the parties herein that, during the measurements, if it is found that the area of ‘the said property’ in possession of the Vendors is less than the area shown on the property documents & extracts, then in that event, the Purchaser shall have discretion to terminate the Agreement for sale and / or to continue with same by proportionately paying the Vendor after reducing the deficit area. However, the final conveyance shall be executed and registered as per actual area only.
8. That the Vendors shall provide the Purchaser a motorable approach road to enter into ‘the said property’ and the Purchaser shall be entitled to use the said road as an easement running along with the said property.
9. In absence of any technical difficulty which could not be solved, or any objection which could not be removed within a reasonable time as agreed by and between the parties, the conveyance shall be completed within a period of ……. days / ….. months from the date of this Agreement for sale. The Vendors and the Purchaser covenant with each other that there shall not be any unnecessary delay at the hands of either party to complete the transaction.
10. All expenses in the nature of stamp duty , registration charges and other out of pocket expenses shall be borne by the Purchaser. Each party shall however, pay and bear their respective Solicitors/ Advocates professional cost.
11. After execution and registration of the conveyance deed, the Vendors shall execute such other applications, letters and authorizations as may be necessary for effectively transferring ‘the said property’ in the name of the Purchaser or his nominee/ nominees. The Vendors shall at their own cost procure all other necessary parties to join in the execution of the said document/s.
12. On completion of sale, the Vendors shall deliver to the Purchaser all original documents relating to ‘the said property’ in their possession and give the usual covenant for the production of such documents as they may be entitle to retain with them. The Vendors shall permit the Purchaser to take Xerox copies of all documents which the Vendors entitle to retain and shall at the costs of the Purchaser give to the Purchaser official, notarized , certified copies of the documents which they may be entitle to retain and shall produce or caused to be produced such documents at the request of the Purchaser .
13. In the event of the sale not being completed due to any willful default on the part of the Vendors, the Purchaser shall either have the right to require specific performance by the Vendors of this Agreement for Sale or to require the Vendors to pay to the Purchaser the costs incurred by the Purchaser from the commencement of the negotiations for the purchase of the said property till the date of cancellation of this Agreement for Sale along with the part payments made by the Purchaser to the Vendors under this Agreement for Sale.
14. In the event of the sale not being completed due to any willful default on the part of the Purchaser, the Vendors shall also have the right to require specific performance of this Agreement for sale or to cancel the said Agreement for Sale by refunding the part payment/s made by the Purchaser to the Vendors under this Agreement fore Sale after deducting reasonable amounts towards costs incurred by them in connection with this transaction.
15. If the said property described hereinabove is acquired by the State Government or the Central Government and the State or the Central Government declares the acquisition or requisition by way of public notice or by issuing notices to the individual owner of ‘the said property’ of the proposed acquisition / requisition, then in that event these presents shall come to an end and this Agreement for sale shall be cancelled and the Vendors shall return the entire money paid as part payment as well as all other payments made to them by the Purchaser till then, without interest and thereafter either of the parties to this transaction shall not have any right/ claim or any sort of remedy against each other in respect of this transaction.
16. ‘The said property’ shall be at the risk of the Vendors till completion of sale and shall be delivered over at the time of the execution of the conveyance in the state in which it is now (reasonable wear and tear expected). The Vendors agree and undertake not to cut down or chop off or allow to be cut down or chopped off any tree, plants or bushes standing on ‘the said property’ at the date hereof .
17. The Vendors shall pay all assessments, rents, rates, taxes and out goings in respect of the said property previously to the day of handing over possession or of the completion of the sale deed.
18. This Agreement for sale is equally binding on the parties hereto as well as on their legal heirs, executors, administrators and their successors in title and either of the parties shall be entitled to enforce this Agreement for Sale against the legal heirs and successors of each of them irrespective of the fact that they are not made parties to these presents.
19. All expenses incidental to this Agreement will be borne and paid by both the parties equally. The Stamp Duty and Registration Charges will be borne and paid by the Purchaser. The Purchaser will also been liable to pay all the outgoings in relation of the said Property as and when due for payment from the date of possession.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.
SIGNED AND DELIVERED by the within
Named______
Through ______
In the presence of
1)
2)
SIGNED AND DELIVERED by the within
Named ______
through ______
______
In the presence of
1)
2)