AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE made at Mumbai on this _____ day of

______________ , 2006

BETWEEN

____________________, Indian Inhabitant, having address at

_________________________________________hereinafter referred to as the
"VENDOR" (which expression shall, unless it be repugnant to the context or meaning
thereof be deemed to mean and include his heirs, executors and administrators) of the
FIRST PART

____________________, Indian Inhabitant, having address at

_________________________________________, hereinafter referred to as the
"CONFIRMING PARTY" (which expression shall, unless it be repugnant to the
context or meaning thereof be deemed to mean and include his heirs, executors and
administrators) of the SECOND PART

AND

            

_________________, Indian Inhabitant of Mumbai, having address at

 

______________________________________________________, hereinafter referred

to as "THE PURCHASER" (which expression shall, unless it be repugnant to the
context or meaning thereof be deemed to mean and include his heirs, executors,
administrators and assigns) of the THIRD PART.

WHEREAS :

i)        ____________________ and ____________________, the Vendor and the

Confirming Party herein are members of the “______________________ Co-operative
Housing Society Ltd.”, a society registered under the Maharashtra Co-operative
Societies Act, 1960 (hereinafter referred to as the “said Society”) and as members of the
said Society they are seized and possessed of and otherwise well and sufficiently entitled
on ownership basis Flat No._______ admeasuring _____ sq. ft _______ area or
thereabouts on ______ floor along with ______  car parking space in the building known
as ______________, which building is owned by the ______________________ Co-
operative Housing Society Ltd, (hereinafter said Flat along with ______  stilt car parking
in the same building are collectively referred to as the “said Premises”). As members of
the said Society the Vendor and the Confirming Party hold 5  (Five) fully paid up shares
of face value of Rs. 50/- (Rupees Fifty) each bearing distinctive Nos. _____ to _____
(both inclusive) vide Share Certificate No._____ (hereinafter referred to as the “said
Shares” and the “said Share Certificate” respectively);

ii)       The Vendor and the Confirming Party have represented to the Purchaser that
although the ownership agreement has shown the name of _________________ as a
purchaser of the flat, he did not invest any money and the entire ownership vests with
____________________ and the name of the Confirming Party was inserted in the
ownership agreement only for the sake of convenience.

iii)     The Vendor has further represented to the Purchaser that there are no arrears of the
dues of the said Society and the Vendor agrees to clear all the dues of the said Society
before completion of sale;

iv)     The Vendor has agreed to sell, transfer and assign to the Purchaser the said shares
together with the said Premises and the Purchaser has agreed to purchase and acquire all
the right, title and interest of the Vendor in the said shares and the said Premises for the
total consideration of Rs.____________/- (Rupees _________ Only) free from all
encumbrances and on the terms and conditions hereinafter appearing;

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY

AND BETWEEN THE PARTIES HERETO AS UNDER :

1.       The Vendor hereby agrees to sell, assign and transfer and the Confirming Party
confirms the same and the Purchaser hereby agrees to purchase and acquire all the right,
title and interest of the Vendor in the said Premises being Flat No._______ on the
______ floor admeasuring _____ sq. ft _______ area or thereabouts along with ______
car parking space in the building ________________ more particularly described in the
schedule hereunder written, with vacant possession together with the right of ownership
and use and occupation of the said Premises and all the right, title and interest of the
Vendor in the said Shares issued by the said Society at/or for the lumpsum consideration
of Rs.____________/- (Rupees _________ Only) free from all encumbrances, to be paid
by the Purchaser as hereunder stated.

2.       The Vendor and the Confirming Party have obtained consent and NOC of the said
Society for the transfer of the said Shares and the said Premises in favour of the
Purchaser.

3.       The consideration of Rs.____________/- (Rupees _________ Only) shall be paid

by the Purchaser to the Vendor as under;

(i)                  Rs._________/- (Rupees ______ Only) paid by the Purchaser on or before

the execution of this Agreement as earnest money.

(ii)                Rs.__________/- (Rupees _______ Only) shall be paid by the Purchaser to

Vendor on completion of Sale and on the Vendor putting the Purchaser in vacant,
unencumbered and peaceful possession of the said Premises and handing over of the
original said Share Certificate, title deeds in his possession.

4.       It is agreed between the parties hereto that the sale shall be completed by ___-___-
2006, time being essence of the contract.

5.       The Vendor and the Confirming Party do hereby further covenant with the
Purchaser that on being put in possession of the said Premises, the Purchaser shall quietly
and peacefully possess, use and enjoy the said Premises without any let, hindrance,
demand, interruption or eviction from the Vendor or from any other person lawfully or
equitably claiming through, under or in trust for the Vendor.

6.       The Vendor undertakes to pay all taxes, maintenance charges and other outgoings
payable in respect of the said Premises up to the date of handing over the possession of
the said Premises to the Purchaser. The Vendor further agree to indemnify the Purchaser
against all outgoings, maintenance charges, municipal taxes that the Purchaser may be
called upon to pay to said Society upto the date of handing over the possession of the said
Premises.

7.       The Purchaser doth hereby covenant with the Vendor that the Purchaser shall pay
all the outgoings, taxes and maintenance charges in respect of the said Premises with
effect from the date next to the date of taking possession of the said Premises.

8.       The Vendor doth hereby further covenant with the Purchaser that the Vendor shall,
from time to time and at all times hereafter, whenever called upon by the Purchaser or
their Advocate or Attorney, do and execute or cause to be done and executed all such
acts, deeds and things whatsoever for more perfectly securing the interest of the
Purchaser in the said Premises and the said Shares that may be reasonably required but at
the cost of the Purchaser. The Vendor also undertakes not to create any third party rights
in the said Premises after execution of this Agreement.

9.       The Vendor doth hereby declares that the Vendor has not on or before the date of
this Agreement gifted, mortgaged, transferred, assigned, leased or in any other manner
whatsoever encumbered or alienated the Vendor’s right, title and interest or possession of
the said Premises and that the Vendor shall not do so at any time in future.

10.   The Vendor doth hereby further declares that the Vendor has full right and absolute
authority to enter into this Agreement and to transfer the said Premises and the said
Shares and that the Vendor is the sole and absolute owner of the said Premises and of the
said Shares and no one else has any claim whatsoever in the said Premises and the said
Shares and that the Vendor have not done or performed any act, deed, matter or thing
whatsoever whereby the Vendor may be prevented from entering into this Agreement
and/or transferring the said Premises and the said Shares as purported to be done hereby
or whereby the Purchaser hereof may be obstructed or hindered in enjoying the rights
conferred or transferred hereby in favour of the Purchaser, or whereby the quiet and
peaceful possession or enjoyment of the Purchaser in respect of the said Premises may be
disturbed.

11.   The Vendor doth hereby declares that the said Premises are not the subject matter of
any pending litigation nor of any attachment, either before or after judgement, and that
there are no subsisting orders under any of the laws relating to taxation of income or
wealth which prohibit or prevent the Vendor from dealing with or disposing of the said
Shares and the said Premises as is herein contemplated.

12.   The Vendor and the Confirming Party agree to hand over original said Share
Certificate and title deeds in their possession in respect of the said Premises to the
Purchaser on the completion of sale. The Vendor agrees to sign all such letters, forms,
applications, deeds, documents, writings and papers for more perfectly securing, assuring
and effectually transferring the said Premises unto and to the use of the Purchaser and for
transferring the said Shares to the name of the Purchaser herein.

13.   The Stamp Duty and registration charges of and incidental to this Agreement and
documents to be executed in pursuance hereof shall be borne and paid by the Purchaser
alone.

14.   The Transfer fee etc. payable to the said Society for the transfer of the said Shares
and the said Premises in the favour of the Purchaser shall be borne and paid by the
Vendor alone.
 

SCHEDULE ABOVE REFERRED TO

                 (Description of the said Premises and the said Shares)

Flat No._______ admeasuring _____ sq. ft (______ sq.mtrs) _______ area or thereabouts
on the ______ floor along with ______  car parking space in the building known as
___________ of the ______________________, Co-operative Housing Society Ltd.,
along with 5 (Five) fully paid up shares of Rs.50/- (Rupees Fifty Only) each bearing
distinctive Nos. _____ to _____ (both inclusive) vide Share Certificate No._____
constructed on Plot situated at __________, _________- Ward bearing C.T.S No.
_____________ at Village _____________ in the Registration District and Sub-District
of Mumbai City and Mumbai Suburban. The building “___________” is __________
plus __________ upper floors (with/without lift) constructed in the year _________.

IN WITNESS WHEREOF the parties have hereunto set their respective hands the day
and year first above written.

SIGNED AND DELIVERED by the   )

                                            )

withinnamed “THE VENDOR ”    )

                                           )

____________________       ) ______________

                                           )
in the presence of …………………  )                                              

SIGNED AND DELIVERED by the                 )

                                                          )

withinnamed “THE CONFIRMING PARTY”  )

                                                          )

____________________                       ) _________________

                                                         )

in the presence of ……………………………        )                                              

SIGNED AND DELIVERED by                       )

                                                           )

the withinnamed “THE PURCHASER”         )

                                                          )

_________________                            ) _________________

)

in the presence of ……………………………    )  

 
 

 RECEIPT

Received of from the withinamed Purchaser ______________________, a sum of

Rs._________/- (Rupees ______ Only) as earnest money deposit before the execution of
this agreement in respect of transfer of Flat No._______, ____ floor, along with ______ 
car parking space in the ___________, ______________________ Co-operative Housing
Society Ltd, as within mentioned.

Cheque No. and date Name of the Bank and Branch Amount In favour of

     
Rs._________/-

     Rs._________/-  
Total

                                                                             I SAY RECEIVED 

  

___________________

(____________________)

                Vendor