AGREEMENT TO SELL
This AGREEMENT TO SELL is executed at ____________ 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 bona fide needs and requirements, has agreed to sell, convey, transfer and assign to the SECOND PARTY, and the SECOND PARTY has agreed to purchase, the ____________________ (describe the portion being sold) along with 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, and structure standing thereon, with all rights in the 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, 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 be 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 the 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.
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