Agreement for Sale of Flat or Apartment - Builder Buyer

THIS AGREEMENT made at ....................... this .............. day of .............., 2000  between A, son of .............................. resident of ........................ hereinafter referred to as the Vendor of the ONE PART and B, son of                 ................... resident of     .................... hereinafter referred to as the Purchaser of the OTHER PART.

WHEREAS the Vendor is absolutely seized and possessed of the land bearing Plot No............................ situated at ………………….................. and hereinafter referred to as the said land and more particularly described in the Schedule 1 hereunder written;

AND WHEREAS the Vendor proposes to develop the said land and for that purpose obtained permission of the Competent Authority under section   ........... of the Urban Land (Ceiling and Regulation) Act vide his Order No      ......................... dated  .......................;

AND WHEREAS the Vendor has submitted the building plans to the .................... Municipal Corporation, which have been approved by the .................... Municipal Corporation vide letter No   ............................ dated  ............. subject to certain conditions laid down in the said letter;

AND WHEREAS the Vendor has started the construction of the buildings as per the building plans approved by the .................... Municipal Corporation enclosed herewith at Annexure 1;

AND WHEREAS the Vendor has agreed to sell one apartment on the ............... floor in the building No................. being constructed and having the specifications mentioned in the Schedule 11 hereunder written at a price of Rs          ................... (Rupees   ................................. subject to the terms and conditions hereinafter appearing.

AND WHEREAS the Purchaser has inspected the documents relating to the land, the order of the Competent Authority, site plans approved by the .................... Municipal Corporation and is satisfied about the Vendor's title to the said property and the site plans of the proposed buildings;

AND WHEREAS the title of the Vendor to the said property has been certified to be clear, marketable and free from encumbrances by M/s. ................................. Solicitors and Advocates................... and a copy of the said title certificate is hereto annexed at Annexure II ;

AND WHEREAS the Vendor has agreed to sell and the Purchaser has agreed to purchase the Apartment No……………..on the............. floor in the building No....................  hereinafter referred to as the said Apartment on the following terms and conditions.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The Vendor shall construct the said building on the said plot of land, more particularly described in the Schedule 1, in accordance with the plans, designs and specifications approved by the .................... Municipal Corporation and which have been seen and approved by the Purchaser and kept by the Vendor at the office of M/s. ...................... Architects at .........................  for inspection. The Vendor shall be entitled to make such variations and modifications as he may consider necessary or as may be required by the .................... Municipal Corporation of the Government of …………….. or any local authority.
2. The Vendor agrees to sell and the Purchaser agrees to purchase the Apartment No..........................  on ........... floor in the building No        ................  of Carpet Area admeasuring .............  sq. metres as delineated on the plan thereof hereto annexed and marked Annexure Ill and thereon shown surrounded by green coloured boundary line at or for a sum of Rs                   ...........   (Rupees .........................    ). The Purchaser agrees that out of the said amount of Rs ................... to be paid by him to the Vendor, a sum of Rs............ has been paid by the Purchaser to the Vendor on the

An Instrument for Purchase of a Flat in Resale where Society or Limited Company or Condominium is yet to
 be formed
 

DEED FOR SALE

 THIS DEED OF SALE MADE AT ____________ this ________ day of ______________ 200___ BETWEEN (1) ABC and (2) XYZ, both 
 of _________, Indian Inhabitants having their common address 
at _________________________________________________________________ _________________________, hereinafter collectively called ?THE VENDORS? (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors and administrators) of the One Part; and (1) DEF and (2) PQR, both of ________, Indian Inhabitants, having their common address at ____________________________________________, hereinafter collectively called ?THE PURCHASERS? (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors, administrators and assigns) of the Other Part:

 WHEREAS:?

(a)  By an agreement for sale dated __________________ and made between M/s. Pinky Builders, therein and hereinafter referred as the ?THE DEVELOPERS? of the One Part and the Vendors herein and therein referred to as the ?THE PURCHASERS? of the other part, the said Developers agreed to sell and the Vendors agreed to purchase a Flat No. _____ of Built up area admeasuring _________ square feet on the 2nd floor 
of the building known as ?AAVISHKAR? situate at __________ _______________________________________________ (hereinafter referred as ?the said Flat?) on the terms and conditions recorded therein. The said agreement for sale is duly stamped and registered as required in law and the same is in possession of the Vendors. The land on which the said building is constructed is more particularly described in the First Schedule hereunder written. The said flat is more particularly described in the second schedule hereunder written.

(b)  The Vendors have complied with all their obligations under the said agreement for sale dated 10th May, 1999 with the said Developers and have also made payment of entire consideration to the said Developers and the said Developers have put the Vendors in vacant and peaceful possession of the said flat as owners thereof.

(c)  The Vendors are seized and possessed of or otherwise well and sufficiently entitled to the said flat.

(d)  The various Purchasers of the flats and other premises in the said building ?AAVISHKAR? have yet to form the Co-operative Housing Society.

(e)  The Purchasers have agreed to purchase and acquire from the Vendors the said flat and all their right, title and interest therein, free from all encumbrances and reasonable doubts of whatsoever nature to which the Vendors have agreed upon the terms and conditions recorded hereinafter;

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

1.   The Vendors hereby sell, transfer, convey

�

 

Agreement for Sale of 
 a Flat in Co-operative Housing Society
 

THIS AGREEMENT MADE AT _____________ this day of _______ Two thousand and ____ BETWEEN ABC of _______, Indian Inhabitant, residing 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, residing 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 agreed to purchase and acquire from the Transferor all the right, title and interest of the Transferor in the said Flat No. 1 admeasuring 650 sq. ft. carpet area on 6th floor of the said building of the said Society and in the said shares free from all encumbrances and reasonable doubts, which the Transferor has agreed to do upon the terms and conditions recorded hereinafter;

 NOW THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as follows:?

1.   That the Transferor hereby agrees to sell, transfer, convey and assign his right, title and interest in the said Flat No. 1 (admeasuring 650 sq. ft. of carpet area) on the 6th floor of the building known as ?PQR Apartment? situated at ______ _____________________________________ belonging to PQR 
 Co-operative Housing Society Limited together with all his right, title and beneficial interest in the said five fully paid up shares of the face value of Rs. 50/- each aggregating to 
 Rs. 250/- and bearing Certificate No. 10 of the said Society to the Transferee as also all the benefits directly and/or indirectly attached to the said flat and the said shares, free from all encumbrances and reasonable doubts for the total consideration of Rs. ____________ 
 (Rupees _________________________ only) to be paid in the following manner:?