Agreement for Sale of Flat by a Flat Purchaser (India)
This template is used for the resale of a flat in India when the building is still under construction and a co-operative society has not yet been formed. It facilitates the transfer of rights from the original purchaser to a new buyer, with the builder participating as a confirming party to acknowledge the transaction.
Agreement for Sale of Flat by a Flat Purchaser, When Co-Operative Society has not been Formed and Flat is not Ready
THIS AGREEMENT made at ……………….. this ……….. day of ……………, 2000, between A, son of ………………….. resident of ……………………… hereinafter referred to as the ‘Transferor” of the FIRST PART, B, son of …………….. resident of ……………………… hereinafter referred to as the “Transferee” of the SECOND PART and M/s ABC Constructions, a partnership firm, having its office at …………………….. hereinafter referred to as the Confirming Party of the THIRD PART.
WHEREAS by an Agreement dated ………………. made between M/s. ABC Constructions, therein referred to as the Builders and, hereinafter referred to as the Confirming Party of the ONE PART and the Transferor therein referred to as the flat Purchaser of the OTHER PART, the Confirming Party has agreed to sell and the transferor has agreed to purchase one flat bearing No. …………… on the ……………. floor in the building, being constructed by the Confirming Party on the piece of land bearing Plot No. …………… situated at…………………………………………………. and more particularly described in the Schedule 1 to the said agreement being the same as described in the Schedule 11 hereunder written;
AND WHEREAS the agreement between the Confirming Party and the transferor, hereinafter referred to the said agreement, has been duly registered under the Registration Act, 1908 as required under the ………….. Ownership Flats Act, ……….
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AND WHEREAS the transferor has agreed to assign his rights and benefits under the said agreement to the transferee and the transferee has agreed to purchase the same on the terms and conditions hereinafter contained;
AND WHEREAS the confirming party has informed transferor that the flat will be ready by ……………….. and he has no objection in the transfer of the said agreement by the transferor and the transferee and has agreed to join as the Confirming Party to these presents.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the sum of Rs. …………… paid at the time of these presents (the receipt whereof the said transferor does hereby acknowledge and admit), the transferor assigns to the transferee all his rights, benefits and interest to purchase the flat No …………………… on the …………… floor in the building under construction on the piece of land described in Schedule 1 hereunder written, under the said Agreement between the Confirming Party and the transferor.
2. The transferor hereby declares that the said agreement is valid and subsisting and he has not assigned the benefit of the said agreement to any person.
3. The transferee will be entitled to all the rights, benefits and interest belonging to and available to the transferor under the said agreement.
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About this template
What is this template?
This is a sale agreement specifically for an existing flat where the seller is a member of a housing society. It includes clauses for society membership transfer and the clearance of all municipal taxes. It is not a builder-buyer agreement for a new construction project.
When should you use it?
Use this document when a flat owner is selling their property to another individual in a resale transaction. Use a 'Sale Deed' instead for the final registration of the transfer at the local sub-registrar's office.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Agreement to Sell | The Vendor agrees to sell and the Purchaser agrees to purchase the Flat for a specific total consideration amount. |
| 2 | Payment of Consideration | The Purchaser pays an earnest money deposit upon execution and agrees to pay the balance on or before a specified date. |
| 3 | Marketable Title | The Vendor warrants that the Flat is free from encumbrances and that they have a marketable title to transfer to the Purchaser. |
| 5 | Possession | The Vendor must deliver vacant and peaceful possession of the Flat to the Purchaser upon receipt of the full purchase price. |
| 7 | Transfer of Membership | The Vendor agrees to sign all necessary forms and applications to transfer the membership in the Cooperative Housing Society to the Purchaser. |
| 9 | Outgoings and Taxes | The Vendor is responsible for all society charges, taxes, and electricity bills up until the date of handing over possession. |
Who it's for
- an individual owner selling a residential flat in a cooperative housing society in India
- a purchaser buying a second-hand property from an existing flat owner
How long it runs and how it's signed
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