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AGREEMENT TO SELL

This Agreement to Sell is executed at ... on this .. day of


2014 hereinafter referred to as Agreement
BY AND BETWEEN
SHRI .. [ Pan no. .. ] Son of Shri
.. resident of
hereinafter referred to 'VENDOR(S)'
of the FIRST PART.
AND
SHRI [ Pan no. . ] son of
Resident of .. currently residing at
.
hereinafter
referred
to
'VENDEE(S)' of the OTHER PART.
WHEREAS the expressions Vendor(s) and Vendee(s) shall mean include their
respective, heirs, successors, administrator, legal representatives, nominees,
assigns etc.

VENDOR(S)

VENDEE(S)

WHEREAS the Vendor(s) is/are the absolute owner and in possession of


residential Land/plot bearing no. G-23 [ Plot no. 23, Block G ] admeasuring 300
Sq.Mtrs. (358.80 Sq.Yds.) situated in the residential colony known as South City
- II, Sector 49&50, Gurgaon, Haryana (Colony) by way of Conveyance Deed
Vasika no. . dated .., [ Annexed herewith ] executed by M/s
Unitech Limited and registered in the office of Sub Registrar, Gurgaon , Haryana
(hereinafter referred to as the PROPERTY)
AND WHEREAS the Vendor has/have agreed to sell the said Property for a Total
Sale Consideration of Rs. xxxxxxxxxx/- (Rupees xxxxxxxxxxxxxxxxxxxx
only) (Calculated @ INR 73500 PSY) to the Vendee and the Vendee(s) has
agreed to purchase the same from the Vendor(s) on the following terms and
conditions of this Agreement.
NOW THIS AGREEMENT WITNESS AS UNDER :
1)

That the Vendor(s) has agreed to Sell and the Vendee has agreed to buy
the said Property for a Total Sale Consideration of Rs. xxxxxxxx/(Rupees xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx only),
excluding any costs, charges, fees, etc relating to stamp duty, registration,
engrossing and other incidental charges for the Sale Deed.

2)

That the Vendor(s) has/have received a sum of Rs. xxxxxxxxx/- (Rupees


xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx only) from the
Vendee(s), as earnest amount in the following mode. The above amount is
against the Part payment of sale consideration as settled and the
Vendor(s) hereby acknowledges the receipt of the same : -

Mode
RTGS Txn ref. no.
PUNBH1416353371
3

Amount

Dated

Bank

Favouring

Rs.
Xxxxxxxxxx/-

xxxxxxxxx

xxxxxxxxxx

Shri Ajay Sardana


Smt. Daman Sardana

3)

The balance amount equivalent to Rs. xxxxxxxxxxx/- (Rupees


xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxss Only)
towards the full and final discharge of sale consideration of above said
property shall be paid by the VENDEE(S) to the VENDOR(S) on or before
..

4)

The Vendor assures and agrees with the Vendee

VENDOR(S)

VENDEE(S)

(a)

That Vendors has/have full unfettered and unrestricted right to sell the
said Property to the Vendee by way of this Agreement to Sell, and
excepting the Vendor no body else has any right, title, claim or interest
of any nature whatsoever in the said property. It is further declared that
the Vendor(s) have full & irrefutable rights to sell the said property. If it
is proved otherwise then this Agreement to Sell/ sale transaction shall
stand cancelled and Vendor in that event undertakes to reimburse to
the Vendee(s) in double of amount sale value.

(b)

That the Vendor(s) will cooperate with the Vendee to get the said
property transferred in the name of Vendee(s) or his/her/their
nominee(s).

(c)

In case the Vendor(s) infringe or default on any terms & conditions of


this agreement, then the Vendee(s) shall have the right to file for
specific performance against the Vendor(s) in the court, at the cost &
expenses of the Vendor(s).

(d)

That the said Property is free hold and free from all kind of
encumbrances such as prior sale, mortgage, gift, will, litigation, liens,
disputes, lease, loan, surety, security, injunction, stay order,
acquisition, family and religious disputes, income tax and wealth tax
attachments, or any other registered or unregistered encumbrances
etc at the behest of the Vendor. And if it is proved otherwise then the
Vendor shall be liable and responsible to indemnify all the losses/
damages, thus suffered by the Vendee.

(e)

That the Vendor(s) shall execute Sale Deed on or before ..


upon receipt of Total Sale Consideration and deliver the vacant,
peaceful and physical possession of the said Property to the Vendee(s)
on receipt of full and final payment of total sale consideration as per
terms of this Agreement.

(f)

That the Vendor(s) shall execute Sale Deed on or before .


upon receipt of Total Sale Consideration and hand over all original
papers pertaining to the said Property to the Vendee(s), on receipt of
full and final payments towards Sale consideration as per terms of this
Agreement.

(g)

That any expenses/charges related to the said Property like


maintenance charges etc. pertaining to the period before & upto
.. payable to Unitech / Maintenance Agency or
any other company/authority, shall be paid by the Vendor(s).

VENDOR(S)

VENDEE(S)

5)

(h)

That all the applicable charges payable to the Municipal Corporation of


Gurgaon (MCG) / Maintenance Agency / DHBVNL in respect to house
taxes, property taxes, water & electricity bills etc. till ..
shall be paid by the Vendor(s). In case any applicable charges levied
by the MCG/Concerning Authority pertaining to the period prior
.. and the same is paid by the Vendee(s) to the
concerning authority the same shall be reimbursed by the Vendor(s) to
the Vendee, upon claim by the Vendee supported by appropriate
receipts.

(i)

The Vendor(s) shall obtain the No Dues of the property prior to the
execution of Sale deed from Unitech Ltd / Maintenance Agency as
regards clearance/ payment of outstanding maintenance charges or
any other kind of dues payable by the Vendor(s) to Unitech Ltd or the
maintenance agency concerned with maintenance of common area,
facilities and services in the colony where the said Property is located,
before the sale deed and transfer of the said Property.

(j)

That the Vendor(s) is/are liable to sign any other document(s) required
by Sub-registrar / MCG / Electricity deptt. or any other concerned
authority in connection with change of title of ownership of the above
said residential Plot in the name of son of
.at
resident
of
. and/or his
her nominee(s) at the cost and expense of the Vendee.

That Vendee agrees and assures the Vendors :


a) That the Vendee has conducted title due diligence of the said Property
and is satisfied and confirms having received photocopies of the
documents as available with Vendors and shall not raise any objection in
respect of the title of the Property.
b) That the timely payment is the essence of this Agreement and the
Vendee(s) shall remit the payment to the Vendor(s) in stipulated time on or
before .. as stated in this Agreement and if the Vendee(s) fails
to pay the Vendor, the balance amount as per clause mentioned
hereinabove, then this Agreement to Sell/ sale transaction shall stand
cancelled and the Paid up amount shall be forfeited by the Vendor(s).

VENDOR(S)

VENDEE(S)

c) That all the expenses for the stamp duty, registration, engrossing and
other incidental charges for the Sale Deed shall be borne and paid by the
Vendee(s).
d) That the applicable TDS at prevailing rate, currently 1% (one per cent), in
this transaction shall be paid and submitted by the Vendee(s) on behalf of
the Vendor(s) to the concerning authorities and Vendee(s) shall produce
the challan and TDS certificate of the same to the Vendor(s) prior to
execution of Sale Deed.
e) That this Agreement is irrevocable and binding on both the parties and
their respective heirs and successors.
That this transaction has taken place at Gurgaon and as such Gurgaon Courts
shall have exclusive Jurisdiction to entertain any dispute arising out or in any way
touching or concerning this Agreement to Sell
IN WITNESSES WHEREOF, both the parties have signed this Agreement day,
month and year first written above, in presence of the following witnesses :-

WITNESSES:

VENDOR(S)
.

VENDEE(S)

VENDOR(S)

VENDEE(S)

PAYMENT RECEIPT
In Pursuance to Agreement dated ., I hereby received with thanks a sum of
Rs. xxxxxxxxxxxxx/- (Rupees xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Only) in
the following mode :
Mode
CASH

Amount
Rs. /-

Dated

Drawn on
.

from . son of resident of


.. on account of Part payment in respect of my
rights for sale of residential Land/plot bearing no. G-23 [ Plot no. 23, Block G ]
admeasuring 300 Sq.Mtrs. (358.80 Sq.Yds.) situated in the residential colony known as
South City - II, Sector 49&50, Gurgaon, Haryana (Colony) acquired by me, by way of
Conveyance Deed Vasika no. . dated , executed by M/s Unitech
Limited and registered in the office of Sub Registrar, Gurgaon , Haryana.

Revenue Stamp
Signature

Dated : ..
Place : Gurgaon

son of .
resident
Witnesses :

1.

2.

VENDOR(S)

VENDEE(S)

VENDOR(S)

VENDEE(S)