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MODEL DRAFT OF AGREEMENT TO SELL:

Problem: Aswin wants to purchase from Bharat his house and Bharat agrees to sell the house to
Aswin. Aswin pays an advance of rupees Fifty thousand as against five lakh as consideration.
Draft an agreement to sell in this regard.

AGREEMENT TO SELL

Memorandum of Agreement to sell made on this 1st day of December, Two thousand
Seventeen

BETWEEN:
A. Aswin S/o Raghava, aged 40 years, Occ: Tailor, R/o. Indira Nagar Colony, Vijayawada-1,
hereinafter called the 'VENDOR' (which expression shall unless be excluded by or repugnant
to the context be deemed to include his heirs, executors, administrators and representatives of
the ONE PART;
AND
B.Bharat, S/o. Manoj Kumar, aged 50 years, Occ: Teacher in Upper Primary School, R/o
Indira Nagar Colony Vijayawada-1, hereinafter called the VENDEE (which expression shall
unless be excluded by or repugnant to the context be deemed to include his heirs, executors,
administrators and representative of the OTHER PART.

IT IS HEREBY AGREED by and between the Parties as follows:


1. That the Vendor is the rightful owner and possessor of the scheduled property from the years
without any encumbrances.

2. That the vendor offers to sell his suit scheduled property for a consideration of Rs.5,00,000/-
(Rs. Five lakh only) and the Vendee agrees to purchase the same at the said consideration. That
the Vendee has this day paid to the Vendor a sum of Rs 50,000/- (Rupees Fifty thousand only)
by way of demand draft bearing No. 123456, dt. 1.12.2017 drawn on PNB, Br. Vijayawada – 1
in favour of the Vendor towards the advance. The Vendor acknowledges the same.
4. That it is agreed between the parties that the balance of the consideration, Rs. 4,50,000/-
(Four lakh Fifty thousand only) shall be paid by the Vendee to the Vendor at the time of the
registration The parties also agree that the registration of the property shall be completed
within three months from this date, on or before i.e. 28-2-2018.

5. That on payment of entire consideration, the Vendor shall execute the registered sale deed
before the Registration Officer. The Vendee shall have to bear all expenses of registration and
stamp duty, etc.

6. That before the date of registration, it shall be the duty of the Vendor to pay all taxes
pertaining to the scheduled property, i. e. municipal tax, water bill, electricity bill up to the date
of registration. It is the duty of the Vendor to give the scheduled property free from any
encumbrances, disputes claims, etc. The Vendor shall give genuine and marketable title of the
scheduled property to the Vendee. It shall be the duty of the Vendor to handover all the
original link documents, registered documents, property tax receipts, electricity bills, water
bills, etc., in original up to the date of registration to the Vendee. It shall be the duty of the
Vendor to procure the necessary certificate or certificates under the Municipal Corporations
Act, Income-tax Act, Urban Land Ceiling Act etc. if necessary, and produce the same
for/before the registration officer, and shall give one copy of the each certificate or certificates
to the vendee.

7. That if a good and marketable title is not made out or the property is found to be subject to
any encumbrances, attachments or charges or other claims or demands, the Vendee shall be at
liberty to rescind this agreement and the Vendor shall in that event and on demand by the
Vendee refund the advance and shall pay to the Vendee the costs of searches and investigation
of the Vendor's title and of this agreement as between parties.

8. That if the Vendor fails and/or neglects to complete the sale transaction after the title being
made out as aforesaid or otherwise to carry out any one or more of the obligations on his part
as herein provided or otherwise required by law, the Vendee will be at liberty to enforce
specific performance of agreement by instituting the legal proceedings or at his option, may
sue the Vendor for recovery of the advance with interest, costs and other reliefs.

9. That if on the title being found good and marketable, the Vendee fails to complete the
purchase transaction within the time stipulated, the advance shall be forfeited to the Vendor or
the Vendor may at his option enforce specific performance of this agreement by the Vendee
and the Vendee will also be liable to pay the costs and expenses of the proceedings for specific
performance and damages to the Vendor.

10. SCHEDULE OF THE PROPERTY AGREED TO SELL


All the portion of house bearing Municipal No. 1-2-345/A admeasuring 100 (one hundred)
square yards along with two rooms R.C.C. house, situated at Indira Nagar Colony,
Vijayawada-1, and is bounded as under:

East : 40' lane.


West : House of Sri G. Laxmaiah.
North : House of Smt. Kanakala Chandramma.
South : House of Sri B. Narahari.

IN WITNESS WHEREOF the Vendor and the Vendee have signed and executed this
AGREEMENT TO SELL on this the day month and year above written with their free will and
consent in the presence of the witnesses:

Sd/- xxxx Sd//- xxxx


(Aswin) (Bharat)

WITNESSES:
1.
2.
This Agreement to Sell is drafted and prepared by M. Mahesh S/o. Punna Rao, Aged: 35 years,
Occ: Teacher, R/o. Indiranagar Colony, Vijayawada. Signed by M. Mahesh.

[Note: Both the parties, i.e. Vendor and Vendee shall have to sign at the bottom of every paper
of Agreement to sell at the last page at the place indicated. The witnesses needn't sign on very
paper, but they have to sign on the last paper Separate stamp (revenue stamps)
acknowledgement for the cash receipt paid as advance duly signed by the Vendor shall be
taken from the Vendor and attested by the witnesses. The Vendee needn't sign on the
acknowledgement of cash (advance) receipt.]

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