AGREEMENT TO SELL

This AGREEMENT TO SELL is executed at New Delhi,on This     day of                    by and between;

Sh.        S/o       R/o      hereinafter called “THE FIRST PARTY”.

IN FAVOUR OF

Sh.        S/o      R/o     ,hereinafter called “THE SECOND PARTY”.

The expression of the terms the ‘FIRST PARTY’ and the ‘SECOND PARTY’ wherever they occur in the body  of  this Agreement to Sell, shall mean and include them, their legal heirs, successors, legal representatives, administrators, executors,    transferee(s), beneficiary(ies), legatee(s),probatee(s), nominees and assignee(s).

AND WHEREAS the FIRST PARTY for his bonafide needs and requirements have agreed to sell, convey, transfer  and assign  to the SECOND PARTY and the SECOND PARTY  has  agreed  to purchase  the  alongwith   proportionate,   undivided, indivisible and impartible   ownership   rights   in   the   said   freehold land underneath  the said building measuring       square   yards, bearing   No.        , situated at              ,  with   all rights,  title   and   interest,  easements,  privileges    and appurtenances   thereto, with all fittings, fixtures, electricity and water connections, structure    standing thereon,    with        all rights in common  driveway,  entrances, passages, staircase and other common  facilities  and amenities provided therein, hereinafter referred to as  “THE  SAID   PORTION  OF   THE   SAID  PROPERTY”   for  a   total sale consideration of  Rs.                                                                                                         ). (Rupees                                    

NOW THIS  AGREEMENT TO SELL WITNESSETH AS UNDER :-

That    in   consideration  of   the  sum  of    Rs.                              /-  (Rupees                             ), out   of   which   a sum of  Rs.         /-  (Rupees                                                                                    ), as advance money  has  been  received by the FIRST PARTY from the SECOND PARTY, in the following manner; 

the receipt of which the FIRST PARTY hereby admits and acknowledges and the remaining balance sum of Rs.                       /- (Rupees                             ), will be received by the FIRST PARTY from the SECOND PARTY, at  the  time of registration of the Sale  Deed,  the  FIRST PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights, titles and interests in the said portion of  the  said  property,   fully   described   above, together with proportionate undivided, indivisible and impartible ownership rights in the freehold land underneath the said building to the SECOND PARTY, on the terms  and conditions  herein contained provided that nothing herein stated shall  confer or deemed to have conferred upon the SECOND PARTY exclusively any right or title to the common driveway, passages, staircase, overhead water tanks, sewers, water meters and other common facilities to the exclusion of the FIRST PARTY  and  or  the  SECOND  PARTY  or  owners  or occupants of the other units of the said building.

That the actual physical vacant possession of the  said portion of the said property will be delivered by  the  FIRST PARTY to the SECOND PARTY, at the time of  the  registration of the Sale Deed, after receiving the full consideration.

That on or before             , the FIRST PARTY will execute and get the Sale Deed of the said portion of the said property registered, in favour of the SECOND PARTY or his nominee/s, on receipt of the full and final balance amount, failing which either party shall be entitled to get the  Sale Deed registered through the court of  law  by SPECIFIC PERFORMANCE OF  THE CONTRACT,  at  the  cost  and expenses of  the defaulting party.

That  the  FIRST PARTY hereby assures  the  SECOND PARTY that the FIRST PARTY has neither done nor been party to  any act whereby the FIRST PARTY’s rights and title to the said portion of  the  said property  may  in  any  way  be impaired  or whereby the FIRST PARTY may be prevented from transferring  the said portion of the said property.

That the FIRST PARTY  hereby  declares  and  represents that the said portion of the said property is not subject matter of any HUF and that no part  of  the  said  portion of the said property is owned by any minor.

That the FIRST PARTY assures the SECOND PARTY that the said portion of the said property is free from all kinds of encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal flaw, claims, prior Agreement to Sell, Loan, Surety, Security, lien, court  injunction, litigation,  stay  order,  notices,  charges,   family   or  religious dispute, acquisition, attachment in the decree of any court, hypothecation,  Income  Tax  or   Wealth   Tax attachment   or any  other  registered  or  unregistered  encumbrances whatsoever, and if it is ever proved otherwise, or if the whole or any part of the said portion of the said property is ever taken away or goes out from the possession of the SECOND PARTY  on account of any legal defect  in  the ownership and title of the FIRST PARTY then the FIRST PARTY will be liable and responsible to make good the loss suffered  by  the  SECOND  PARTY and keep the SECOND PARTY  saved,  harmless  and indemnified against all such losses and damages suffered by the SECOND PARTY.

That the house tax, water and electricity charges and other dues and demands if any payable in respect of the said portion  of  the said property shall be  paid  by  the FIRST PARTY upto the date of handing over the possession and  thereafter the SECOND PARTY will be  responsible  for  the payment of the same.

That no common parts of the building shall be used by the SECOND PARTY or other owners/occupants  of  the  said building for keeping/chaining pets, dogs,  birds  or  for  storage of cycles, motor cycles nor the common passage shall be blocked in any manner.

That the proportionate common  maintenance  charges will be paid by all the  occupants/owners  of  the  said  building in proportion of the area occupied by them.

That the SECOND PARTY shall have full right  of  access through staircase to the  top  terrace  at  all  reasonable times to get the  overhead tank  repaired/cleaned  etc. and to install T.V. Antenna.

That the SECOND PARTY shall have, as a matter of right, right to use all entrances, passages, staircases and  other common facilities as are available  in  the  said  building.

That  a  separate electric meter and  water   meter have been provided in the said building for  the  exclusive use of the owner(s)/occupants of the said portion of the said property.

That in the event of the building being damaged or not remaining in existence on any account whatsoever  then the  SECOND PARTY shall have the proportionate rights in the land alongwith other owners of the building and shall have the right to raise construction in proportion to the one as now  being  sold conveyed and being transferred under this Agreement to  Sell.

That the SECOND PARTY have full right to nominate or assign this Agreement to Sell in favour of any person or  persons, be  it a firm, body corporate  or  association  of person and the FIRST PARTY shall have no objection to it.

That  pending  completion of the sale,  the  FIRST PARTY neither shall enter into any agreement  of  sale  in respect of the said property or any part thereof nor shall  create any charges, mortgage, lien or any arrangement, in  respect of the said property in any manner whatsoever.

That the photostat  copies  of  all  relevant  documents in respect of the  said  property  have  been  delivered by the FIRST PARTY to the SECOND PARTY.

That all the expenses of the Sale Deed viz. Stamp  Duty, Registration charges, etc. shall be borne and paid by the SECOND PARTY.

That this transaction has taken place at New Delhi. As such, Delhi Courts shall have exclusive jurisdiction to entertain any dispute arising out of or in any way touching or concerning this Deed.

IN WITNESS WHEREOF, the FIRST PARTY and the SECOND

PARTY have signed this AGREEMENT TO SELL at New Delhi, on the date first  mentioned  above  in  the  presence  of  the following witnesses.

WITNESSES :-

1. FIRST PARTY.

2. SECOND PARTY.