Model Drafts

 

A Specimen Agreement of Sale of House Property

THIS AGREEMENT OF SALE executed on o n the…………….. day  day of…………….. 2013, between AB son of…………………………………………………………….……… of………………………………… ………………………….…………………..….…………….... …………..….…………….... residing at …………….…………….…….………….... …………….…………….…….…… …….... hereinafter called the vendor of the one part and CD son of …………….…………….…………….... …………….…………….……… …….... resident at …………………..………..………….………….... hereinafter called the purchaser of the other part, (The expressions “vendor” and “purchaser” wherever they occur in these presents, shall unless the context otherwise admits, also mean and include their respective heirs, executors, administrators, legal representatives and assigns). WHEREAS the vendor is the sole and absolute owner of the property more fully set out in the Schedule hereunder: AND WHEREAS it is agreed that the vendor shall sell and the purchaser shall purchase the said property for a sum of Rs…………….……………... (Rupees…………….…………….……………....) (Rupees…………….…………….……………....) free of all encumbrances. NOW THIS AGREEMENT OF SALE WITNESSETH AS UNDER: 1. The price of the property more fully set out in the Schedule hereunder is fixed at Rs…………….. (Rupees………….……………...) free of all encumbrances. 2. The purchaser has paid to the vendor this day, a sum of R Rs…………….. s…………….. (Rupees ………….……………...) by way of earnest money for the due performance of the agr agreement, eement, the receipt whereof the vendor doth hereby admit and acknowledge. 3. The time for performance of the agreement ag reement shall be…………….. Months from the date hereof and it is agreed that the time fixed herein for performance shall be of the essence of this agreement. 4. The purchaser shall pay to the vendor the balance sale price of Rs… (Rupees …….……………...) before registration of the conveyance deed. 5. The vendor agrees that he will deliver vacant possession of the property to the purchaser before registration of the conveyance co nveyance deed. Or alternatively, the vendor agrees that he will put the purchaser in constructive possession of the property by causing the tenants in occupation of the property to attorn their tenancy to the purchaser. 6. The vendor shall execute the conveyance deed in favour of the purchaser or his nominee as the purchaser may require. 7. The vendor shall hand over all the title deeds of the property to the purchaser or an advocate nominated by him within………….. days from the date of this agreement for scrutiny of title and the opinion of the vendor’s advocate regarding title to the property shall be b e final and conclusive. The purchaser shall duly intimate the vendor about the approval of title within…………….. days after delivering the title deeds to him or to his advocate. 8. If the vendor’s title to the property is not approved by the purchaser, the vendor shall refund the purchaser the earnest money received by him under the agreement and on failure of the vendor to refund the same within……… days, he shall be liable to repay the same with interest thereon at the rate of…………….. per cent per annum. 9. If the purchaser commits a breach of the agreement, he shall forfeit the earnest amount of Rs…………….. (Rupees ……….……………...) paid by him to the vendor. Lesson 2 Drafting and Conveyancing Relating to Various Deeds and Agreements 35

 

10. If the vendor commits a breach of the agreement, the vendor shall not only refund to the purchaser the sum of Rs………………………….... (Rupees…………….……………...) received by him as earnest money, but shall also pay to the purchaser an equal sum by way of liquidated damages. 11. Nothing contained in paras 9 and 10 above shall prejudice the rights of the parties hereto specific performance of this agreement of sale/purchase. Schedule of Property House No…………….……………... situated in…………..…………….……………... On its North is…………………….…………….…………..... is…………………….…………….…………..... South So uth is…………….…………….………………….... is…………….…………….…… …………….... East is…………….…………….……………………... is…………….…………….……………………... West is…………….…………….……………………...

IN WITNESS WHEREOF the vendor and the purchaser have set their respective hands to the agreement of sale/purchase on the day, month and the year above written, iin n the presence of the following witnesses:

Witnesses: (1) Name: Father’s Name:  Name:  Address: Signature:

Vendor

(2) Name: Father’s Name: Address: Signature:

Purchaser

 

Legal Notice to Vacate Property under Section 106 format

Dated: To  __________________  ___________ _______ Dear Sirs, Re: ___________ ______________________ ______________________ ______________________ ______________ ___ Our Client: ___________ ______________________ ______________________ ________________ _____ Under instructions received from and on behalf of our client above named, we do hereby hereb y address you as follows. 1. The __________ ______________________o ____________off the ______ Floor of __________ _______________________ _______________ __ measuring _______sq. ft. has been let out to you for commercial use. You are holding the said ______________ as a tenant under___/our client @ Rs. _____________ per Sq.Only. ft. aggregating to Rs. Rs . ___________________/________________ (_________________ (__________________) _) per month 2. The tenancy in your favour was for _________ years and has expired on  _____________________  ___________ __________ but you have not yet yet handed over the vacant and peaceful  possession of ____________________ _______________________ ___ measuring ____________to ____________to our client. 3. As our client ____________ ____________________ ________ of __________________________ ______________________________, ____, who is the owner, is no longer interested in continuing with the tenancy, we, at the instance of our client, do hereby give notice that your monthly tenancy, in respect of  ______________________  ___________ ________________measuring _____measuring ___________ ___________ sq. ft. shall stand terminated upon upon expiry of 15 days from the date of receipt of this Notice. 4. We, on behalf of our client, accordingly, call upon you to quit, vacate and deliver up  peaceful and vacant possession of the ___________________ ____________________________ _________ measuring  ________sq. ft. upon upon expiry of 15 days from the date of receipt of this Notice to our client in the same condition as _____________ ________________________ __________________ _______ measuring ___________ sq. ft. ft . was given to you in the year ______. 5. In the event, you fail to quit, vacate and deliver up vacant and peaceful peacef ul possession of  ______________________  ___________ _________________ ______ measuring _______________ ______________________ _______ sq. ft. upon upon expiry of 15 days from the date of receipt of the t he instant Notice, you will be treated as a trespasser and appropriate legal proceedings, against you, would be initiated for recovery of vacant  possession of ____________________ _______________________________ ______________ ___ measuring ________________ ________________ and and other reliefs. Needless to mention that you will be responsible for the costs and expenses thereof.

 

6. Please treat this Notice as a Notice under Section 106 of the Transfer of Property Act 1882. Thanking you, Yours faithfully,

Advocate Copy to: Client