Hi Josh

ASSIGNMENT 17
AGREEMENT TO SELL

INTRODUCTION

WHAT IS AN AGREEMENT?

As per Section-2(e) of Indian Contract Act, the definition of agreement has been laid down as
“every promise and every set of promises, forming the consideration for each other”.

VOID AND VOIDABLE AGREEMENT?

As per Section-2 (g) “an agreement not enforceable by law, is said to be a void agreement.”
As per Section-2 (i) “An agreement which is enforceable by law at the option of one or more
of the parties thereto, but not at the option of the other or others, is a voidable contract.

An agreement enforceable by law, is a contract. [Section-2(h)]

Section-10 deals with the conditions of enforceability.

In the case of MadhubChander vs. Raj Coomar, the defendant had proposed to pay the
plaintiff certain amount of money if the latter shut down his shop in a particular locality.
However, on shutting down his shop, the defendant did not owe any money to the plaintiff,
since the agreement was void (as its object was restraint of trade, even though it imposed
partial restraint, i.e.- extended only to a particular locality).

1
 AGREEMENT TO SELL

This Agreement to Sell is made and executed at New Delhi, on the twentieth day of
January 2020, by Arkaprava Dass, S/o Mr. Atulya Kumar – CR Park New Delhi-110019
hereinafter called as the “SELLER” and which expression shall mean and include his legal
heirs, assigns, agents, successors, survivors administrators, attorneys etc.
IN FAVOUR OF

Mr. Taha Khan , S/o Mr. Nadeem Khan R/o 42/B, Pushp Vihar, New Delhi-110037
hereinafter called the “PURCHASER” and which expression shall mean and include his
legal heirs, assigns, agents successors, survivors administrators, attorneys etc.

WHEREAS the seller is the lawful owner of the Flat no. 26, South Rising Apartment, Saket,
New Delhi- 110038 and in possession of the said property.

WHEREAS the Seller due to his bonafide needs and requirement, has agreed to sell
transfer and convey his rights, interests and titles etc. in respect of Second Floor Flat, Front
Side, Measuring Area 275sq. yards, consisting of Two Bedrooms, One Lobby, One Kitchen,
One attached toilet-bathroom, one balcony and one two-wheeler parking at Ground Floor,
Part of Khasra no. 225,226, OF PROPERTY bearing No. 26, South Rising Apartment, Saket,
New Delhi- 110038 unto the second party and the second party has also agreed to purchase
the same for a sum of Rs.40,00,000/-(Rupees Forty Lacs Only).
AND WHEREAS the Seller has assured that the said property is free from all encumbrances,
liens, charges etc. and agreed to sell the said property to the second party on following terms
and conditions:

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That in pursuance of this agreement to sell in consideration of a total sum of

Rs.40,00,000/- (Rupees Forty Lacs Only). The Seller has agreed to sell, transfer,

dispose-off and alienated the said property (Fully described herein above) to the

Purchaser and out of which Rs.15,00,000/- (Rupees Fifteen lacs only) amount has

been received by the seller from the purchaser and the receipt of which the seller has

2
 admitted and acknowledged under a separate legal receipt.

2. That the last date of full and final payment has been fixed at first day of May 2020.

3. In case the purchaser fails to make the remaining payment on or before 1 st May2020,

this agreement shall stand cancelled and the earnest money shall be forfeited, and the

seller shall be at liberty to sell the property to anyone else after 1 May 2020.

4. That the seller shall give the vacant physical possession of the said property and the

rights and privileges, easements and appurtenance attached thereto unto the purchaser,

at the time of the full payment.

5. That all the expenses on the sale document shall be incurred by the purchaser only.

6. That this document has been prepared in duplicate, and the original has been kept by

the seller and the copy by the purchaser.

7. That all the disputes that may arise between the parties shall be subject to the

jurisdiction of courts of Delhi. No other court shall have the jurisdiction to decide the

disputes.

8. That this agreement will remain irrevocable and binding on both the parties and their

respective legal heirs and successors.

9. The contents of present Agreement to Sell have been read over and explained to both

the parties in the language understood by them. Both the parties consent to abide with

the terms and conditions of present agreement and therefore, they have put their

respective signatures herein below in presence of the witnesses.

10. IN WITNESS THEREOF, the parties hereto have set their respective hands on these

presents on the date, month and year herein above first mentioned in the presence of

the following witnesses:

3
WITNESSES:

(SELLER’S)

1. Ms. Anam Khan Arkaprava Dass

D/o Mr. Umar Khan

R/o 38, Khirki Extn. Road

Okhla, New Delhi-110038

(PURCHASER’S)

2. Mr. Turab Kazmi Taha Khan

S/o Mr. Uzair Kazmi

R/o 888 Nizamuddin East

New Delhi-1100029

(SIGNATURES)