An agreement to sell a portion of a building

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.

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 the 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 up to 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 or chaining pets, dogs or birds, or for storage of cycles or motor cycles; nor shall the common passage 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 to the area occupied by them.

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

That the SECOND PARTY shall have, as a matter of right, the 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, the SECOND PARTY shall have proportionate rights in the land along with the other owners of the building, and shall have the right to raise construction in proportion to the portion now being sold, conveyed and transferred under this Agreement to Sell.

That the SECOND PARTY has 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 persons, and the FIRST PARTY shall have no objection to it.

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

That 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 ____________. As such, the Courts at ____________ 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 ____________ on the date first mentioned above, in the presence of the following witnesses.

FIRST PARTY: ________________________

SECOND PARTY: ________________________

WITNESSES:

1. ________________________

2. ________________________