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AGREEMENT TO SELL - Blank
AGREEMENT TO SELL - Blank
BY AND BETWEEN
AND
WHEREAS the expressions Vendor(s) and Vendee(s) shall mean include their
respective, heirs, successors, administrator, legal representatives, nominees,
assigns etc.
VENDOR(S) 1 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.
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.
(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
VENDOR(S) 2 VENDEE(S)
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.
(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
VENDOR(S) 3 VENDEE(S)
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.
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).
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
VENDOR(S) 4 VENDEE(S)
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:
1. VENDOR(S)
…………………………………………………….
2.
VENDEE(S)
……………………………………………………
VENDOR(S) 5 VENDEE(S)
PAYMENT RECEIPT
Revenue Stamp
Dated : ……………….. Signature
Place : Gurgaon
…………………………
son of ……………………………….
resident ………………………………………
Witnesses :
1.
2.
VENDOR(S) 6 VENDEE(S)
VENDOR(S) 7 VENDEE(S)