AGREEMENT FOR DEVELOPMENT OF ENTIRE EXISTING PROPERTY OWNED BY A CO-OP. HOUSING SOCIETY

Special Power of Attorney in respect of a Flat in Co-operative Housing Society

TO ALL TO WHOM THESE PRESENTS SHALL COME: I ABC of _________, Indian Inhabitant, residing at ___________________ ____________________ do hereby SEND GREETINGS:?

WHEREAS:?

(a)  I am the owner of Flat No. 1 (hereinafter referred to as ?the said flat?) situated on the 6th Floor of the building known as ?PQR APARTMENT? at ________________________________ in ?PQR? CO-OPERATIVE HOUSING SOCIETY LIMITED, a society registered under the Maharashtra Co-operative Societies Act, (hereinafter referred to as ?the said Society?) and I am also the registered member and Shareholder of the said Society and holding five shares of face value of Rs. 50/- (Rupees fifty only) each of the aggregate value of Rs. 250/- (Rupees Two hundred and fifty only) bearing distinctive 
Nos. 301 to 305 (both inclusive) and Certificate No. 10 issued by the said Society incidental to the Ownership of the said Flat (the said Flat and the said shares are hereinafter collectively referred to as ?the said premises?) and the said premises exclusively belong to me.

(b)  I have transferred the said premises to XYZ and at the request of the said Transferee, I desire to appoint him as my attorney for the purposes hereinafter mentioned.

 NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that I do hereby nominate, constitute and appoint XYZ as my true and lawful attorney to act in, conduct, manage and look after all my affairs relating to the said premises and I hereby irrevocably confer upon my attorney the following amongst other powers and authorities. 

1.   To make, sign and execute, agreements, conveyances, Deed of Transfer, Deed of Assignment, Transfer forms, ULC declarations, resignation letter/s to the said society and other writings, affidavits, declarations, applications, bonds including indemnity bond, and all other writings assurances in respect of the said premises and to do all necessary acts/things and execute all documents, writings etc. as effectively aforesaid to transfer the said premises in the name of the purchasers in the records of the said Society.

Deed of Transfer of a Flat in Co-operative Housing Society

THIS DEED OF TRANSFER MADE AT ___________ this day of _______________, Two thousand ___ BETWEEN ABC of ________, Indian Inhabitant, having present address at _______________________________, hereinafter called ?THE TRANSFEROR? (which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors and administrators) of the One Part; AND XYZ of _____________, Indian Inhabitant, having his address at _____________ _______________________, hereinafter called ?THE TRANSFEREE?(which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors, administrators and assigns) of the Other Part:

WHEREAS:

(a) The Transferor is seized and possessed of or otherwise well and sufficiently entitled to flat bearing no. 1 admeasuring 650 sq. ft. of carpet area on the 6th floor of the building known as ?PQR APARTMENT? belonging to PQR Co-operative Housing Society Ltd. at ________________________ ________ (hereinafter referred to as ?the said Flat?.

(b) The Transferor is also the registered member and shareholder of PQR Co-operative Housing Society Limited registered under the Maharashtra Co-operative Society Act, under registration no. _________________________________ (hereinafter referred to as ?the said Society?) and as such, is the registered holder of 5 (five) shares of face value of Rs. 50/- (Rupees fifty only) each, of the aggregate value of Rs. 250/- (Rupees Two hundred fifty only) bearing distinctive nos. 301 to 305 (both inclusive) issued by the said society (hereinafter referred to as ?the said Shares?) and bearing Certificate No. 10 in respect of the ownership of the said Flat. The said Flat and the said shares are more particularly described in the Schedule hereunder written and are hereinafter collectively referred to as ?the said premises?.

(c) The said flat was originally purchased by the Transferor from the Builders M/s. _______________ under the agreement dated ______________. The Transferor has paid the full consideration to the said Builders and complied with all his obligations under the aforesaid agreement and since then he is in lawful occupation of the said flat as absolute owner thereof. All the flat Purchasers of the said ?PQR APARTMENT? have collectively formed the said society.

(d) The Transferor is entitled to sell, transfer, convey and assign all his right, title and beneficial interest in the said flat no. 1 on the 6th floor of the building known as ?PQR APARTMENT? of the said Society and also the said shares in favour of the Transferee;

(e) The Transferee has under the agreement dated _________ agreed to purchase and acquire from the Transferor the said premises together with all right, title and interest of the Transferor therein, free from all encumbrances and reasonable doubts for a total consideration of Rs. _______________ (Rupees _____________________ only) on the terms and conditions recordered therein.

(f) The said society has issued its? NOC to admit the Transferee as its member in respect of the said premises.

(g) In pursuance of the above, the parties are executing the present Deed of Transfer to record the agreement arrived between them and complete the transaction.

NOW THIS DEED WITNESSETH and it is hereby agreed, confirmed and recorded by and between the parties hereto as follows:?

1. The Transferor hereby transfers, conveys and assigns all and singular his right, title and interest in the said ownership Flat No. 1 (admeasuring 650 sq. ft. carpet area) on the 6th floor of the building known as ?PQR APARTMENT? situated at ____________________________________ belonging to PQR
Co-operative Housing Society Limited free from all encumbrances and reasonable doubts together with all his right, title and interest in the said five fully paid up shares of the face value of Rs. 50 each (of the aggregate value of
Rs. 250) bearing Nos. 301 to 305 and bearing Certificate
No. 10 in the Capital of the said Society and issued by the Society (including Share money, deposits, sinking fund etc) and as incidental thereto all and singular the beneficial rights, title, interest and property of the Transferor as the registered member of the Society including the allotment and ownership of the said flat as also all the direct and indirect benefits attached to the said flat and the said shares (the said Flat and the said Shares are hereinafter collectively referred to as ?the said premises?) unto the Transferees at and for the lump sum of price of
Rs. _______________ (Rupees _______________________ only).

2. In pursuance of the aforesaid agreement, the Transferee has on execution of the said agreement dated ________ paid a sum of Rs. ___________ (Rupees ____________________________ only) to the Transferor as earnest and on or before execution
hereof paid a further sum of Rs. ______________ (Rupees _____________________ only) aggregating to Rs. ____________, being the full and final consideration (the payment and receipt whereof the Transferor doth hereby admit, confirm and acknowledge) and the parties have completed the transaction as herein stated.

3. The Transferor has on execution hereof handed over quiet, vacant and peaceful possession of the said Flat to the Transferee as absolute owner thereof.

4. The Transferee shall hereinafter be fully entitled to quietly and peacefully possess, occupy, enjoy and hold the said premises together with all deposits and amounts lying to the credit of the Transferor in the said Society?s account for unto and to the use and benefit of the Transferee without any hindrance, lien, charge, interest, denial, demand, interruption, eviction or claim of whatsoever nature from the Transferor or any person or persons claiming through, under or in trust for the Transferor.