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PUBLIC NOTICE

IN THE COURT OF THE LEARNED CIVIL JUDGE


S.D.THANE AT THANE
Miscellaneous Civil Application No.934 of 2022
(Under Section 2 of the Bombay regulation Act, 1827)
(SMT. R.M.Ganvir Saheb)
Exh. No. 6

Mr. Vinit Anil Date


Age years, Occ: service
Rashmi Complex, Gulnar Co-Op
Hsg soc Ltd. Flat No:13 1st floor Building 'F' Mental
Hospital Road, Near Mental Hospital
Wagle Estate Thane west 400604 V/s

...Applicant

Mrs. Vrushali Chandrashekhar Sarfare


Age: years, Oce:
Add: Flat No; 2301 23rd floor, Olivia B
The erraton, Neelkanth Woods,
Mullabaug, Near Tikujiniwadi, Ghodbunder Road, Thane west 400610
....Respondent

That LATE SHRI ANIL SHANKAR DATE and LATE MRS. MINAL ANIL DATE
were parents of the Applicant and the Respondent. The Applicant and the
Respondent are real brother and sister. Mrs. Minal Anil Date passed away on
21/09/2006 and their father Shri Anil Shankar Date also passed away on 20/09/2018.
The property description is in the name of the deceased are attached herewith
If anyone has any right, title, share, claim in the above property he/they should
appear in person or through their Advocate within 15 days from the date of
publication of this notice. If no one appears and objects the application, then this
Court will be pleased to proceed to pass the necessary orders in favour of the
Applicant. :

SCHEDULE OF PROPERTY
Flat No.13 admeasuring about 50 sq.fts situated on the 1st floor in Building 'F' in
Rashmi Complex, Gulnar Housing Co Operative Housing society Ltd. near menpal
hospital rd, wage estate thane (w) bearing society Registration No: TNA/(TNA)
HSG/TC/1-34/98-99 the total property valued is Rs. 25,00,000/- (Rs. Twenty five
Lacs only only)
Whereas the above named Applicants have filed an application for Grant of Heirship
Certificate under Bombay Regulation Act VII before Civil Judge S.D. Thane. notice
to of public are hereby given
You the member appear in the court of Civil Judge (S.D.) Thane in or by pleader
duly instructed and to file your say/objections if any within 30 days from the date of
publication of public notice, failing which the said application will be held
presuming that there is no objection from anybody and the application will be finally
decided.

Given under my hand and seal this 17th day, of November, 2022.

"
CERTIFIED TRUE COPY OF THE BOARD RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF ABC
LTD. IN ITS BOARD MEETING HELD ON FRIDAY 10TH MARCH 2023 AT ITS OFFICE LOCATED AT UNIT #
301, COTTAGE CHAMBERS, SAKI VIHAR ROAD, POWAI, MUMBAI – 400072

BR # 04/2023

RESOLVED THAT the Company be and is hereby authorized to enter into a Leave & License agreement
for availing a premises located at Unit # 401, Heritage Chambers, Saki Vihar Road, Powai, Mumbai –
400072 on the commercial terms herein below:
Term 22 months
Effective From 1st April, 2023
Monthly Rental 10,000/-
Escalation 10% upon expiry of first 11 months
Security Deposit 60,000/-

RESOLVED FURTHER THAT Mr. XYZ (Chief Finance Officer) be and is hereby authorised to negotiate
and finalise the terms and conditions of the Memorandum of Understanding prior to execution of the
Leave & License Agreement, and that he is hereby authorized to sign the Memorandum of
Understanding until the terms of the Leave & License Agreement is finalised

RESOLVED FURTHER THAT Mr. XYZ be and is hereby authorized to represent the Company before the
office of sub-registrar at Kurla to register the Leave & License Agreement, and to sign and seal such
documents and deeds as may be required for the purpose of registration of the Leave & License
Agreement.

RESOLVED FURTHER THAT Mr. XYZ be and is hereby authorized to do all such acts, deed, matters and
things as may be deemed proper, expedient, necessary and desirable to give effect to the foregoing
resolutions.

Certified To Be True

For ABC Ltd.

Director
EXCHANGE DEED

This deed of Exchange is executed on day of month


of _____________ year by Sri./Smt.__________________________,
S/o./ W/o.____________________________, occupation____________________,
and aged _____ years, residing
at_________________________________________________________________
_________________________________________________________________.
herein after called the PARTY OF THE FIRST P ART.

and

Sri./Smt.__________________________S/o./W/o. ,
occupation____________________, aged __________ years, residing
at________________________________________________________________
_
_________________________________________________________________
Herein referred to as the PARTY OF THE SECOND PART.

Whereas, the term the First Party and the Second Party unless repugnant to the
context shall mean and include their representatives heirs, successors, executors,
administrators, trustees, legal representatives and assigns.

Whereas, the First Party herein, is the sole and absolute owner of immovable
property bearing No.___________ known as _____________________ situated at
morefully described in the First Schedule hereunder written and herein after
called the First Schedule property.

Whereas, the First Party is the absolute owner, having acquired the property, by
____________________ and since then First Party has been in possession and
enjoyment of the First Scheduled property and paying taxes and levies thereon, as
sole and absolute owner thereof.

Whereas, the Second Party herein, is the sole and absolute owner of immovable
property bearing No.___________ known as _____________________ situated at
more fully described in the Second Schedule hereunder written and herein after
called the Second Scheduled property.

Whereas, the Second Party is the absolute owner, having acquired the property, by
____________________ and since then Second Party has been in possession and
enjoyment of the Second Scheduled property and paying taxes and levies thereon,
as sole and absolute owner thereof.
2

Whereas it has been agreed between the parties hereto to exchange their respective
properties viz. First scheduled property written here under unto and to the use of
the Second Party in consideration of the Second Scheduled property here under
written unto the use of First Party.

Where as the market value of the First Scheduled property is assessed at


Rs.________

Where as the market value of the Second Scheduled property is assessed at


Rs.________

Where as the parties here to have now agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement


and in consideration of the party of the Second Part conveying to the party of the
First Part the Second Scheduled property hereunder written and Second Party
hereby grant and convey by way of exchange unto the party of the First Part
absolutely and for ever all that piece and parcels of the property described in the
Second Scheduled together with all t h e liabilities, easements, profits, privileges,
advantages, rights, members and appurtenances whatsoever of the said Second
Scheduled property and also together with all the deeds, documents, writings and
other evidences of title relating to the said Second Scheduled property and all the
estate, right, title, interest, use, possession, benefit, claim and demand whatsoever,
both at law and in equity of the party of the First Part TO HAVE AND TO HOLD
the said Second Scheduled property hereby granted and conveyed by way of
exchange unto and to the use and benefit of the party hereto of the First Part
subject to payment of all rents, taxes, assessments, rates, duties, now chargeable
upon the same or which may herein after become payable in respect thereof to the
local authority.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement


and in consideration of the party of the First Part conveying to the party of the
Second Part the First Scheduled property hereunder written and First Party hereby
grant and convey by way of exchange unto the party of the Second Part absolutely
and for ever all that piece and parcels of the property described in the First
Scheduled together with all the liabilities, easements, profits, privileges,
advantages, rights, members and appurtenances whatsoever of the said First
Scheduled property and also together with all the deeds, documents, writings and
other evidences of title relating to the said First Scheduled property and all the
estate, right, title, interest, use, possession, benefit, claim and demand whatsoever,
both at law and in equity of the party of the Second Part TO HAVE AND TO
HOLD the said First Scheduled property hereby granted and conveyed by way of
exchange unto and to the use and benefit of the party hereto of the Second Part
subject to payment of all rents, taxes, assessments, rates, duties, now chargeable
upon the same or which may herein after become payable in respect thereof to the
local authority.
3

Whereas each of the parties of the First and the Second Part mutually covenants
with the other that;

(i) He has now in himself, absolute right, full power and absolute authority to
grant the scheduled property hereby granted or assured or intended to be by
him unto and to the use of the other party in manner aforesaid.
(ii) That the other party shall and may at all times hereafter peacefully and
quietly enter upon have occupy, possess and enjoy the scheduled property
conveyed to him and receive the profits thereof and for his own use and
benefit without any suit, eviction, interruption, claim or demand whatsoever
from or by him the covenanting party or his heirs, or any of them or any
persons lawfully or equitably claiming or to claim by from under or in trust
for them or any of them.
(iii) The said scheduled property is free from all encumbrances, claim, and
attachment of whatsoever in nature.
(iv) He the covenanting party and all the persons having or lawfully claiming
any estate or interest whatsoever in the scheduled property is conveyed by
him shall and will from time to time and at all times herein after at the
request and cost of the other of them do and execute or caused to be done
and executed such further and other acts deeds, things, conveyances and
assurances in the law whatsoever for the better and more perfectly assuring
the said land and premises conveyed to him by the other and every part
thereof unto and to the use of, the party to whom it is conveyed in the
manner aforesaid as by him his heirs, executors, administrators and assigns
shall be reasonably require.

FIRST SCHEDULE

(Property belongs to First Party exchanged to the Second Party)


7
All the piece and parcel of immovable property bearing No.____________

Measuring _______________

Bounded by: -
On the East :
On the West :
On the South :
On the North :

Market value of the property under this deed is Rs.


(Rupees____________________________________only).
4

SECOND SCHEDULE

(Property belongs to Second Party exchanged to the First Party)

All the piece and parcel of immovable property 7 bearing No.____________

Measuring _______________

Bounded by: -
On the East :
On the West :
On the South :
On the North :

Market value of the property under this deed is Rs.


(Rupees____________________________________only).

The Stamp duty is paid on the market value as stated above.

IN WITNESS WHEREOF the First Party as well as the Second Party have put their
respective hands the day and year first herein above written.

WITNESSES:

1. FIRST PARTY

2. SECOND PARTY
FRANCHISE AGREEMENT

THIS AGREEMENT (the “Agreement”) is made this ___day of ___, 20___, by and between:

……………….., a company incorporated under the laws of India, whose office is at………………..; (hereinafter
referred to as “the Franchisor”)

AND

……………. Adult aged …. Years, Indian inhabitant, Resident of Patna, having its PAN Number ……..
(hereinafter referred to as “the Franchisee”)

The Franchiser and the Franchisee hereinafter collectively referred to as the “Parties” and individually as
a “Party”.

WHEREAS:
A. The Franchisor has developed methods for establishing, operating and promoting restaurant selling
varieties of fast-food products (“Cafes”) using the service mark “……….. ” and related trade names
and trademarks (“Marks”) and the Franchisor’s proprietary methods of doing business (the “Licensed
Methods”).
B. The Franchisor grants the right to others to develop and operate ……………. Cafes, under the Marks
and pursuant to the Licensed Methods.
C. The Franchisee desires to establish a …………… Cafe at a location identified herein or to be later
identified, and the Franchisor desires to grant the Franchisee the right to operate a ………… Cafe at
such location under the terms and conditions which are contained in this Agreement.

NOW THE PARTIES AGREE AS UNDER:

1. DEFINITIONS
1.1 Commencement date shall be…….
1.2 Confidential information shall mean all information…
1.3 Intellectual Property Rights shall include…
1.4 Location shall mean the premises of the Rupa Renaissance, Turbhe.
1.5 Method shall mean the methods, techniques and processes developed by the Franchisor;
1.6 Trademarks shall mean the names, trademarks and service marks owned by the Franchisor and
include inter alia;
1.7 Products shall mean, all varieties of Pastas, Noodles, Toasties, Burgers, French Fries, Aerated drink
and other eating items of the Franchisor bearing any of the Trademarks;
1.8 Term shall mean the period fifteen years from the Commencement Date;
1.9 Turnover shall mean gross revenue of the Franchisee’s store.

2. GRANT OF FRANCHISE
In consideration of the onetime professional consultancy fees and the other payments, which shall be paid
by the Franchisee at the time and in the manner set out in this Agreement and in further consideration
of the observance and performance of the undertakings on the part of the Franchisee, the Franchisor
grants to the Franchisee the right to establish and operate the …… Café at the Location for the Term.

3. THE FRANCHISEE’S OBLIGATIONS


The Franchisee covenants and agrees with the Franchisor promptly to perform and observe the following
covenants and conditions:
3.1 Commencement: To commence the Café by the Commencement Date.
3.2 Café to be carried out at the specific location only: Not to carry on the Café or any part
thereof other than from the Location without the prior written consent of the Franchisor.
3.3 Business Promotion: Actively to promote the Café and to exercise best endeavours in the conduct
of the Café to promote the mutual business interests of the Franchisor and the Franchisee and shall
cause to be provided at the Location such of the Products as are stipulated by the Franchisor from
time to time. As part of its endeavours to promote the Café, to organize a Media Conference at the
time of launch and to organize such other promotional activities including but not limited to media
promotions, brochure drops and on-location merchandising display as are mutually decided by the
Parties from time to time.
3.4 Products: Only to sell at the Location, the Products, which are specified by the Franchisor and
which may be purchased from the Franchisor alone. In no case will the Franchisee stock or sell any
goods other than the Products and goods which the Franchisor otherwise deems to be unsuitable
for sale at the Location. The Franchisee shall pay for all Products acquired by him from the Franchisor
according to the terms of payment as notified in writing from time to time by the Franchisor to the
Franchisee. Notwithstanding that risk in any Products supplied by the Franchisor to the Franchisee,
shall pass to the Franchisee upon delivery, the full legal and equitable title and interest in all and any
Products supplied to the Franchisee shall remain in the Franchisor and shall not pass to the Franchisee
until the Franchisor shall have received payment in full of all amounts due and owing from the
Franchisee to the Franchisor for the time being (including any interest accruing and owing to the
Franchisor) and from time to time in respect of all such Products supplied by the Franchisor to the
Franchisee at any time. The Franchisee shall pay the cost of delivery for the Products acquired from
the Franchisor
3.5 Non-modification of products: To sell the Products in the same condition as that in which it
receives them and not to alter or remove or tamper with them or any markings or name plates or
indications of the source of origin on them or any packaging supplied by the Franchisor except putting
such notices as are required by the packaging laws of ……………. (Country) and will inform the
Franchisor of any such laws and the alterations made for the compliance thereto.
3.6 To be only sold to the end-users: Not during the term of this Agreement or any renewal or
extension thereof without the written approval of the Franchisor, sell the Products other than to
end-users / consumers.
3.7 Maximum Prices: Not to charge consumers prices in excess of the prices specified by the
Franchisor in writing from time to time.
3.8 Maintain Stocks: To commence the Café with a level and type of stock-in-trade of the Products
as are in writing specified by the Franchisor and to maintain at all times during the Term, stocks of
the Products at a level and of a type approved by the Franchisor from time to time. To ensure that
all stock is maintained in accordance with the Franchisor’s instructions and recommendations and to
the standards prescribed by the Franchisor in writing from time to time.
3.9 Books of Accounts: To keep such books of account and records and operate such finance and
accounting and stock control systems for the Café made up in accordance with proper and accepted
accounting practices and accurately maintain them up to date at all times. To provide the Franchisor
with true copies of quarterly audited profit and loss accounts and balance sheets for the Project
made up in accordance with proper and accepted accounting practices, which shall be provided no
later than 30 days after the end of each quarter.
3.10 Payments and Schedule: To pay to the Franchisor (or as the Franchisor directs) as per the
relevant dates (time being of the essence):
(i) One time professional fee of……………….. towards providing the professional consultancy for
the Café, which shall be payable five months prior to the Commencement Date;
(ii) 4% of the Turnover of the …… cafe payable on a quarterly basis;
(iii) The salaries of the staff recruited, trained and employed by the Franchisor in relation to the Café
and any costs incurred on travel, accommodation or any incidental expenses incurred on
recruitment and training of the manpower or in opening and operating the Project with prior
sanction of the Franchisee, which the Franchisor shall bill on the actual.
All payments shall be made by the Franchisee by way of a bankers cheque/demand draft made
payable at ……………….. (place) in favour of the Franchisor.
3.11 No authorized representation: Not to make any representations, statements or warranties
about the Café other than those which are expressly permitted by this Agreement or which the
Franchisor may first authorise in writing.
3.12 Right to inspection: To permit officers, servants and agents of the Franchisor during normal hours
of business to inspect and observe the Café , and all parts of the Location; the stocks of the Products
held by the Franchisee and the manner in which the goods are displayed and sold by the Franchisee.
To permit the Franchisor and its servants and agents to inspect and copy, books of account, records,
finance and accounting systems at the Location.
3.13 Intellectual Property: Not to be a party to the doing or neglecting to do any act whereby any
industrial or intellectual property including trade secrets and business reputation owned by the
Franchisor and any company related to it and which the Franchisee is authorised to use (including
the goodwill of the business in respect of which this Franchise is granted and used in connection with
the Café ) may be prejudicially affected either during the Term or afterwards.
3.14 Maintain secrecy: To maintain strict secrecy about the Methods of the Franchisor including any
manuals issued by the Franchisor, any technical know-how, trade secrets, product information,
market opportunities, advertising and publicity materials belonging to the Franchisor, both during the
currency of this Agreement and after it is terminated. To take all steps necessary to ensure that the
Franchisee’s nominees, employees, agents and sub-contractors also observe such requirements of
secrecy as stipulated in the previous clause and shall cause such nominees, employees, agents or sub-
contractors to enter into a secrecy Agreement in a form approved by the Franchisor. The Franchisee
and his nominee, employees, agents or sub-contractors shall not during the currency of this
Agreement and after its termination disclose any Confidential Information received by any of them
from the Franchisor in the course of the Project unless such disclosure is required by law and will
inform the Franchisor of any such disclosure that they are compelled to make. The Franchisee and
his nominees, employees, agents or sub-contractors shall not after the termination of this Agreement
and thereafter use such Confidential Information without the prior written consent of the Franchisor.
In order to protect the trade secrets and other Confidential Information as also in lieu of the know-
how received by Franchisee from the Franchisor so as to be able to fulfill its obligations as part of
the Project, Franchisee agrees that during the Term and even after termination for a period of three
years thereof, Franchisee shall not be concerned or interested either directly or indirectly in any
business which is involved in the supply of goods which are similar to the Products sold at the
Location or in providing services similar to the Services provided as part of the Project. As part of
its obligations to maintain secrecy the Franchisee will not at any time within three years after the
termination of this Agreement: (i) solicit the customers or former customers of the Project with the
intent of taking their custom; (ii) employ or offer to employ any person who immediately before such
employment or offer of employment was employed by the Franchisor and not directly or indirectly
to induce such person to leave his or her employment
3.15 Assignment: Not to assign, charge or otherwise deal with the Project in any way without the prior
written consent of the Franchisor.

4. THE FRANCHISER’S OBLIGATIONS


4.1 Permitting the Franchisee to continue the Café : To permit the Franchisee to carry on the
business of setting up, operating and promoting the Café under the style ……………….. and use the
Trademarks or such other names or styles as may be specified in writing by the Franchisor in relation
thereto. To permit the Franchisee to operate the business of providing Products and Services under
the style ……………….. and use the Trademarks or such other names or styles as may be specified
or approved in writing by the Franchisor from time to time To permit the Franchisee to use the
Intellectual Property Rights in relation to the Project.
4.2 Management Advise: To provide the Franchisee, as the Franchisor considers appropriate from
time to time, with management, sales and administrative advice in the conduct of the Café and such
other advice as the Franchisor considers appropriate to promote the mutual business interests of
the Franchisor and the Franchisee. To furnish the requisite technical expertise and assistance as the
Franchisor deems necessary to the Franchisee for the completion, management and promotion of
the Café.
4.3 Directions on Layout of Location: To provide the Franchisee with directions as to:
(i) the layout and colour scheme arrangements for the Café at the Location;
(ii) the plant and equipment and the fixtures and fittings to be used in the Café, as well as for the
installation of the same.
4.4 Supply Products and Services: To exercise its best endeavours to fulfil orders for the Products
made by the Franchisee, provided always that the Franchisor shall be under no obligation to fulfil any
order for the Products made by the Franchisee, if the Franchisee is at the time in default of his liability
to pay his dues. To provide to the Franchisee the technical know-how and expertise for the entire
range of “specialized treatments” as developed and formulated by the Franchisor and to update the
Franchisee as regards any improvements thereupon.
4.5 Employ staff and training:
o To recruit and employ such sufficiently competent staff as the Franchisor deems necessary for
the efficient conduct and management of the Project
o To provide initial training to such of the employees as recruited by the Franchisor at the level
which in the opinion of the Franchisor is adequate to instruct, in order to efficiently conduct
specialized treatments and sell the Products at the Location.
o To provide supplementary training as and when the Franchisor deems necessary during the
Term as well as further training in new techniques or concepts developed by the Franchisor

5. IP RIGHT’S OWNERSHIP
5.1 The Franchisee acknowledges and recognises the exclusive right of the Franchisor to the Intellectual
Property rights including without limitation Trademarks as well as the insignia, logo-grams, designs and other
Intellectual Property Rights associated with the Franchisor.
5.2 The Franchisee will observe the following requirements in the use of the Trademarks:
5.3 Use them in a proper trademark sense in the manner as prescribed by the Franchisor from time to time;
5.4 In the case of such of the Trademarks as are registered indicate that such marks are registered by use of
the symbol ‘®’ and that the Franchisee is a licensee of such marks;
5.5 Not encumber, sub-license, assign, transfer or otherwise deal with his rights to the Trademarks;
5.6 Under no circumstances on any occasion will the Franchisee register any business, trade or corporate name
or style associated with the Franchisor.
5.7 The Franchisee shall forthwith notify the Franchisor of any infringements of such Intellectual Property Rights
of which the Franchisor becomes aware provided however that the prosecution of any claim with respect
to any Intellectual Property Rights shall be the sole responsibility and undertaken at the absolute discretion
of the Franchisor.

6. INDEMNITY BY THE FRANCHISEE


The Franchisee covenants and agrees with the Franchisor that the Franchisee shall assume sole and entire
responsibility for and indemnify and save harmless the Franchisor from any and all claims, liabilities, losses,
expenses, responsibility and damages by reason of any claim, proceedings action, liability or injury arising
out of the Franchisee’s conduct of the Café or as a result of the Franchisee’s relations with its consumers
and other third parties or because of any breach of this Agreement by the Franchisee.

7. TERMINATION
This Agreement shall terminate:
(A) On the expiry of the Term;
(B) On the occurrence of any of the following events which are fundamental breaches of this Agreement
terminating it forthwith:
(i) in the event of a breach by the Franchisee of any provisions of this Agreement and subsequent failure
to remedy the breach within thirty days of having been notified by the Franchisor;
(ii) failure to make the payments on any of the relevant payment dates as specified in the Agreement (time
being of the essence);
(iii) any assignment or disposal of the Café or the Location by the Franchisee;
(iv) any challenge by the Franchisee to the validity of any part of the Intellectual Property Rights; provided
that the Franchisor may waive any breach of this Agreement by the Franchisee.
(C) If the Franchisee goes into either compulsory or voluntary liquidation (except for the purpose of
reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its
assets or if the Franchisee makes assignment for the benefit of or composition with its creditors generally
or threatens to do any of these things or any judgment is made against the Franchisee or any similar
occurrence in any jurisdiction affects the Franchisee.
(D) If the Franchisee engages in any conduct prejudicial to the Project or the marketing of the Products
or Services generally.
(E) If any material change occurs in the management or control of the Franchisee particularly any change
of directors or shareholders.

8. EFFECTS OF TERMINATION
Upon termination of this Agreement for whatever reason the Franchisee shall:
(i) Immediately cease to operate and conduct the …………… Café, provide Services and sell Products,
however it shall not be relieved of the obligation to pay any monies due to the Franchisor pursuant to
this Agreement;
(ii) Cease to exploit any Intellectual Property Rights owned by the Franchisor or any company related to
it and licensed to the Franchisee in respect of the Café;
(iii) Forthwith cease to use any of the Trademarks and to desist from using any trademark confusingly or
deceptively similar to the Trademarks or the style ……………;
(iv) Deliver to the Franchisor any documentation including without limitation manuals, catalogues,
instructions, notes, publicity promotional and advertising material, samples, letterheads, business cards
relating to the Café;
(v) The Franchisee will furnish to the Franchisor an inventory of the unsold stock held by it and transfer
to the manufacturer or any person, firm or corporation designated by the manufacturer:
(vi) The Franchisee shall if required by the Franchisor sell and deliver to the Franchisor:
(a) the fixtures and fittings and plant and equipment owned and used by the franchisee in the Cafe as may
be selected by the Franchisor;
(b) the Franchisee’s unsold stock of the Products which are in good saleable condition as may be selected
by the Franchisor.
(vii) The purchase price for such fixtures and fittings and plant and equipment selected by the Franchisor
shall be as agreed upon by the Franchisee and the Franchisor and failing Agreement as fixed by a reputed
valuer of such items appointed by the Franchisor and shall be paid by the Franchisor to the Franchisee
within ……………….. days of the date of termination of the Agreement or within ……………….. days
of the date of valuation by a valuer, whichever is later, and the fee of the said valuer shall be paid by the
Franchisee.
(viii) The sale to the Franchisor of the Franchisee’s unsold stock of the Products selected by the
Franchisor shall be at the same price as given by the Franchisor to the Franchisee
(ix) Any freight charges incurred by the Franchisor in the acquisition by it of the Franchisee’s fixtures and
fittings and plant and equipment and unsold stock of the products as aforesaid shall be paid by the
Franchisee.
(x) The Franchisee shall permit and authorise the Franchisor to have reasonable access to the premises
at which the fixtures and fittings, plant and equipment and unsold stocks are then located so as to enable
the Franchisor to inspect and to take possession of any such items if purchased.

9. ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement and understanding between the parties as to the subject-
matter of this Agreement and merges all prior discussions between them and neither of the parties shall
be bound by any conditions, definitions, warranties or representations with respect to the subjectmatter
of this Agreement other than as expressly provided in this Agreement as duly set forth or subsequent to
the date in writing and signed by a proper and duly authorized representative of the party to be bound
thereby.

10. FORCE MAJEURE


The Franchisor shall not be liable to the Franchisee for any loss by the Franchisee caused by the failure
of the Franchisor to observe the terms and conditions of this Agreement and on his part to be observed
and performed where such failure is occasioned by any cause beyond the Franchisor’s reasonable control
including the failure of the Franchisor to supply or delay in supplying any goods to be supplied by the
Franchisor to the Franchisee whether on account of inter alia war, insurrection, fire, flood, earthquake,
strikes, lock-outs, the unavailability of raw materials or similar cause.

11. WAIVER
Any waiver by the Franchisor of a breach of this Agreement or any other subsequent Agreement to which
it may be a party in consequence of this Agreement shall not be deemed to be a waiver of any subsequent
breach.

12. SEVERABILITY
If any provision of this Agreement is invalid or unenforceable, the balance of this Agreement shall remain
in effect, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain
applicable to all other persons and circumstances.

13. JURISDICTION
13.1 This Agreement shall be governed by Indian law in every particular including formation and
interpretation and shall be deemed to have been made in India.
13.2 Any proceedings arising out of or in connection with this Agreement shall be brought only before the
court of competent jurisdictions in ……………….

14. NOTICES
14.1 Any notice, request or other communication required to be given under this Agreement shall be served
personally or mailed to the other party by registered post, addressed to the parties at their respective
addresses set out at the beginning, or at any other address that each party shall provide to the other in
writing.
14.2 Any notice served personally shall be considered given at the time of service. Any notice given by
registered post shall be deemed to have been received within five days after the date of posting as shown
on the post office receipt.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the day and year first written
above.

On behalf of ……………………………. (Franchisor)

SIGNED AND DELIVERED BY:


(Name and designation)

On behalf of ………………………. (Franchisee)


SIGNED AND DELIVERED BY:
(Name and designation)
GIFT DEED

FACTS

Gautam intends to denote all his estate comprising land and buildings to
his daughter Anusha in consideration of the natural love and affection he has
for her.

DRAFT A GIFT DEED

This deed of Gift made on the 30th day of November: two thousand
Twelve (30.11.2012). This deed of Gift executed by Sri Gautam, S/o. Vijaya
Murali Krishna, Hindu, aged about 70 years, Rtd District Collector, residing at
13-13-2323 Road, No: 20, Nacharam, Hyderabad (here in after called Donor)
includes his heirs executors administrators) on ONE PART in favour of his
only daughter by name Anusha, N/o. Akash Adiyas, Hindu aged about 32
years, House wife residing at 31-14-14, Danayya Street, Hyderabad (here in
after called as a Donee) of other part.

WHERE as the Donar is a old man, having only one daughter Anusha
and no male issues and the done and her husband are looking after him at this
old age intend to gift the house No. 13-13-2323 Road No.20, Nacharam,
Hyderabad, out of love and affections and others good causes as consideration.

Whereas the donor is the absolute owner of the house bearing D.No. 13-
13-2323, Road No.20, Nacharam, Hyderabad at present market value of
Rs.7,00,000/- with measurement of total 2,500 per feet i.e. east to west go feet
and North to South 60 feet with the boundaries mentioned in the Schedule
grants the said building by way of gift to Donee forever and the Donee here in
shall enjoy the property with absolute rights as the owner collect rents and pay
electric bill, house tax, water tax and other dues to the government here in as
absolute owner without any interruption from the donor or any other perform.

41
IN WITNESSETH THERE OF THE DONOR has set his hand in the
presence of witnesses on this the 30th day of November two thousand in 2012 at
Hyderabad.

SCHEDULE

Hyderabad District, Hyderabad City, Hyderabad Corporation, Nacharam


Road No. 20, D.No. 13-13-2323 with the following boundaries.

East : House of the donor D.No. 13-13-2323

West : House of Branch Manager

West : House of Major Ramalalithan

South : Main Road

With doors, door, frances, electricity, connections with meter, bore well
will ½ H.P. Jet Pump. 1 Mango 2 guava, coconut trees etc.

WITNESSES:

(1) XXXXX (Suresh Rao)


(2) XXXXX (Nagesh Rao)
XXXXX
Donor

42
INDEMNITY BOND for Deactivation of bank account
Date:
The Branch Manager,
……. Bank
……………….Branch

I, _____________________, D/o OR S/o _________________, adult aged …… Indian inhabitant, residing


at ………………………. do hereby solemnly affirm and declare as under:

I am the current holder of the bank account # ……………… with your Bank and have been holding this
account jointly with my sister Ms. …………………… Due to an unforeseen and unexpected car accident, I
lost my sister and now, would like to deactivate our jointly held bank account and transfer the funds
amounting to Rs. 10,000/- lying the said bank account to my other bank account held by me with the
…………… bank.

Now, for the purpose of said transfer and to enable you to undertake and complete the closure of the
said bank account and transfer amount lying therein to my other bank account # ………………… held with
….. bank …. Branch having IFSC code …………………………… I hereby agree and undertake to indemnify the
Bank from and against any and all losses, damages, claims, liabilities arising from such transfer

(Deponent)
Place: Mumbai.
Date:
VERIFICATION
Verified at _____________________, Mumbai, on this ________day of ___________, 20_____.
That the contents of the above affidavit are true and correct to the best of my knowledge and belief.
No part of it is false and nothing material has been concealed there from.

(Deponent)
Place: Mumbai.
Date: ____/____/20____.
LEASE AGREEMENT
This Agreement of Lease (hereinafter referred to as ‘Agreement’) is made and executed
on this …………………………. by and between:

……………., adult aged ………, Indian resident, having place of residence at


………………………………………… hereinafter referred as the “LESSOR” (which expression shall
mean and include his/her legal representatives, administrators, executors and assigns) of
the ONE PART.
AND

……………………….. (CIN:……………………………..) a Company incorporated under


Companies Act, 1956, having its Registered office at ……………………………………….,
hereinafter referred as the “LESSEE” (which expression shall mean and include its legal
representatives, administrators, executors and permitted assigns) represented by its
General Manager ………………………………. of the OTHER PART.

WHEREAS, the Lessor declares that he/she is the absolute owner of the property situated
at …………………………………., admeasuring ………….. Sq. Ft.

WHEREAS, the Lessee has approached the Lessor with a request to lease out the above
property to utilize it for their business of ……………. services.

WHEREAS, the Lessor has agreed to Lease out the premises and the Lessee has agreed
to take the said premises on Lease and this Agreement is executed on the following Terms
and Conditions. The Lessor and Lessee are hereinafter collectively referred to as ‘Parties’
and individually as ‘Party’.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS.


1) That the period of Lease for the said property is for 1 (One) Year commencing from
1st April 2021 to 31st March 2022 (hereinafter referred to as ‘Lease Period’)
2) That the Lessee has agreed to pay the monthly rent of Rs.26,000/- (Rupees Twenty
Six Thousand only) to the Lessor, subject to applicable TDS and GST.
3) That the Lessee has paid the Security Deposit of Rs. 2,00,000/- (Rupees Two Lakh
only) to the Lessor and Lessor acknowledged the receipt of the same and has agreed
to refund the said Security Deposit without any interest at the time of vacating the
premises or earlier termination of lease.
4) That the rent shall be enhanced for the next renewal based on mutual understanding
of both Lessor and Lessee.
5) That it is hereby agreed by the Lessor that the Lessee shall use the open space in the
premises for parking their vehicles for loading and unloading etc, without any
obstruction whatsoever from anybody and without any extra payment to facilitate
vehicular movement. That the said movement of vehicles in the premises would be
unhindered at all times of the day and throughout the year.
6) That the Lessor shall pay municipal tax and other statutory duties payable to the
authorities concerned in respect of the schedule property.
7) That the Lessee shall pay the water and electricity charges to the concerned authority
on the basis of bills issued by the authority.
8) That the Lessor shall, during the continuance of this Agreement, indemnify and hold
the Lessee harmless against all claims, expenditure, costs or losses made against,
incurred or suffered by the Lessee by reason of any lacunae in the title of the Lessor to
the Demised Premises and/or by reason of non-receipt or short- receipt of any
approvals, permissions, sanctions from central, state or local authorities which the
Lessor was expected to obtain.
9) That the Lessee undertakes to maintain the premises in good condition and shall not
cause any damage thereto and return the premises to Lessor in a good condition as is
handed over to Lessee subject to normal wear and tear, considering nature of business
of the Lessee.
10) That Lessee shall allow the Lessor or their authorized representatives to inspect the
leased premises with a proper notice and not causing any hindrance to carrying the
business of Lessee.
11) That the Lessee shall not sublet or sub-lease the said premises to anybody without the
written consent of the Lessor, except to its own subsidiaries/associates, in which case
the Lessee alone will be liable to pay the rent etc. However the same would not
preclude the Lessee from extending warehousing services to its clients.
12) That the Lessee shall not make any permanent alterations to the said property, except
temporary aluminum or wooden partitions in the said property for the purpose of
office etc., removable at the time of vacation of the premises.
13) That the either party shall give 3 (Three) Months notice in advance in case of vacation
of the premises before the expiry of the Lease period. That no lease rent would be paid
during the notice period and shall be adjusted out of the Security Deposit paid to the
Lessor. Lessee shall be entitled to retain the possession of the premises without
payment of Lease rentals until Lessor refunds the residual Security Deposit.
14) That the Lessor undertakes to pass regular receipts for the rent etc., paid by the Lessee.
15) That Lessor undertakes to carry all major repairs excluding structural repairs required
under for the purpose of the Lease. If the Lessor fails to carry out such repairs, then
the Lessee may undertake such repairs and deduct the repair charges from the monthly
Lease rent payable to Lessor.
16)That the Lessee shall not store or stock any goods of explosive, hazardous combustible
and or of dangerous nature.
17) That it is hereby agreed to between the parties that in the event of any Force Majeure
event happening such as earthquake, Riots etc., or in the event of outbreak of any
pandemic whereby the operations of the Lessee are disrupted, no rent would be
payable in respect of the premises till the time such disruption lasts.
18) That this Agreement is executed today to regularize the transaction and the Lessee has
continued to be in occupation of the leased premises.

IN WITNESS WHERE OF THE PARTIES HERETO HAVE HEREUNTO SET AND


SUBSCRIBED THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR FIRST
HEREINABOVE WRITTEN

SCHEDULE
Property situated at ……………………………………………………………., admeasuring …….. Sq. Ft.

Name

(LESSOR)

For ………………………..,

Name
General Manager
(LESSEE)

WITNESS

1.

2.
129

LEASE DEED

THIS LEASE DEED is made and executed at Delhi on ………(Date)


BETWEEN
Smt. Sudarshan Kaur W/o Sh. Paramjit Singh R/o H. No. M-170, Greater Kailash-II, New
Delhi hereinafter referred to as the LESSOR, which expression shall unless excluded or
repugnant to the context to be deemed to include legal heirs i.e. Mr. Paramjit Singh, Husband
of Lessor herein, successors, executors, administrators, representatives and assigns of the
FIRST PART.
AND
M/s. Dave Thomson Associates (India) Pvt. Ltd. having its registered office at Satyug-Villa
1st Floor, 5, Gurunanak Nagar off Shankarshet Road, Pune through, their Director Mr. H. R.
Srinivas to enter into these presences hereinafter referred to as the LESSEE which expression
unless excuded or repugnant to the context shall include and mean, successors, successors in
interest and assigns of the SECOND PART.

WHEREAS the Lessor has represented to the Lessee that she is the owner/landlady of the
Basement portion of the construction at M-170, Greater Kailash-II, New Delhi admeasuring
760 Sq. ft. approximate covered area in the said premises and is desirous of letting out the
same, hereinafter referred to as the demised premises.
AND WHEREAS the Lessee has offered to take the demised premises on Lease and the
Lessor has agreed to let out the same on the terms and conditions hareinafter specified.

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the Lessor hereby conveys to the Lessee the basement portion of the said premises
admeasuring 760 Sq. ft. Approx for a period of 24 months with effect from 1st Sept. 1993
at a monthly, rent of Rs. 4000/- (Rs. Four thousand only) exclusive of Electricity, water
charges, actual bills/ rental charges of Telephone/Fax whenever installed in the demises
premises.
2. That the Lease will be for an initial period of 24 months with effect from 1st Sept. 1993, in
case the Lease is reminded at the option of the Lessor and with an enhances increase of
10% of rent payable per annum immediately after expire of every 12 months period. The
duration of Lease period 24 months is the essence of this agreement with the provision
that both, the Lessor and the Lessee have the right to either terminate the Lease even
before the expiry of the Lease period, by giving 3 months written notice. The Lease is
therefore for a fixed period of 24 months w.e.f. 1st Sept. 1993 ending on 31st Aug. 1995
130

thereafter the Lessor shall have the option to renew the Lease for a further period of 2
years at the terms and conditions as laid out by the Lessor.
3. That on the date of execution of this Lease Deed the Lessee had paid a sum of Rs. 36000/-
(Rs. Thirty Six Thousand only) vide pay order
No._______________________dated________________drawn on……….as security
deposit which will be kept by the Lessor for the due performance of the terms and
conditions of this Lease, free of interest. On termination of the Lease, the Lessor shall
refund the security deposit/unadjusted Advance rent, if any. In case the Lessor fails to
refund the security Deposit/balance advance rent, the Lessee shall be entitled to charge
interest 21% P.A. from the date of termination of Lease till the date of refund. Aditionally,
the Lessee shall be entitled to hold possession of the property till the refund of security
deposit/unadjusted advance rent alongwith interest, if any is made without payment of
rent/Lease money. This will be applicable only on production of documentary proof by the
Lessee to the Lessor that all dues pertiaining to electricity and any other charges payable
by the Lessee have been cleared upto date.
4. The Lessee covenants with Lessor as under :
i) That the Lessee agrees to pay a monthly rent of Rs. 4000/- (Rs. Four thousand only)
mentioned above on or before 7th day of every month.
ii) The Lessee agree to carry out minor repairs or replacement of broken parts in electrical
and sanitary installations and glasses himself, but major repairs pertaining to the
structure of the house will have to be done by the Lessor, as and when considered
necessary by him. However, the Lessee shall handover the vacant physical possession
to the Lessor on termination of this Lease in the same conditions as it has been handed
over to him on 1-9-93.
iii) That the Lease is for a period of 24 months only commencing from 1-9-93. The Lessee
shall give vacant possession of the premises to the Lessor after the expiry of the Lease
period.
iv) That the Lessee shall duly comply with all the local rules and regulations of local
authorities with regard to the use of the premises.
v) That the Lessee shall pay the electricity charges in accordance with the bills at rates
determined by DESU and accordance with bills/demands received from DESU, NDMC
including meter rents etc. The meter readings on the date of possession will be duly
recorded.
vi) That the demised premises have been let out to the Lessee for authorised use only.
vii) That the Lessee shall permit the Lessor or his duly authorised agents during reasonable
hours in the day time to enter upon the demised premises for inspection of the Lessor‟s
fixtures and fittings therein, and the premises as may be deemed fit by the Lessor.
131

viii) That the Lessee at the expiry of this Lease shall deliver peaceful and vacant possession
of the demised premises to the Lessor together with the fittings and fixtures installed in
good condition as the same are at present, reasonable wear and tear and damage by fire,
earthquake, civil commotion, act of God excepted including lightening to fittings etc.
but excluding telephones, fax computers and air conditioners. No fixtures, wood work
etc. carried by the Lessee shall be removed/damaged at the time of handing over vacant
possession of the demised premises.
ix) That the Lessee shall not make any8 alteration of permanent nature within the premises
as well as in the open space, without the written consent of the Lessor.
x) That the Lessor shall not interfere with the peaceful enjoyment of the property by the
Lessee whether directly on indirectly.
xi) That the Lessee shall keep the premises in good tenantable condition and shall not
cause any loss/ damage to it, subject to normal wear and tear of the premises.
The Lessee shall observe and perform at all time during the continuance of the terms
hereby created all the terms and conditions herein as contained.
xii) That the Lessee shall in the event of unfortunate and unseen demise or incapacitation of
Lessor will for all purposes treat Mr. Paramjit Singh, Husband of Lessor as the rightful
receipt of rents or anyother dues payable by the Lessee as per the terms set forth above
in this deed without any let or hinderances. The said Mr. Paramjit Singh will have the
full authority to enforce any or all provisions contained in this agreement. He shall by
my sole beneficiary and executor.
xiii) That the Lessee will not park any motor car or any other vehicle in this outer drive way
of the premises at any time both inside and outside the main gate.

5. That the Lessor hereby covenants with Lessee as follow:-


i) That the Lessor has good right and full power and absolute authority to Lease the
demised premises to the Lessee in manner herein contained.
ii) To observe and perform t all times during the continuance of their terms hereby
created, all the terms and conditions contained in the Lease by virtue of which the
Lessor is holding the said premises and to keep the Lessee indeminified against any
breach or consequences thereof.
iii) To pay discharge all rates and taxes whether Municipal or otherwise and to her
assessments and outgoing which pare payable in respect of Lessor failing to pay any
such amount when the same shall fall due for payment, the Lessee shall be entitled to
pay the same on behalf of the Lessor and to deduct the amount so paid from the rent
payable by the Lessee to the Lessor hereunder.
iv) To comply with, at his own cost, all requirements and regulations of the Municipals or
other lawful authority concerning the demised premises to the observed by the
owner/landlady.
132

v) That the Lessee paying the Lease money hereby reserved and performing the several
covenants conditions and agreements herein contained and on its part to be observed
and performed, the Lessee shall peaceably hold and enjoy the demised premises
together with the Lessor fixtures and fittings therein during the said terms without any
interruption or disturbance from or by the Lessor or any person claiming through under
or in trust for the Lessor.
6. It is hereby mutually agreed and declared by the parties hereto as follows :-
i) In the event of the demised premises or any part thereof being destroyed or damaged by
fire, earth quake, flood war air raid civil commotion, roits or other act of God or
irrestible force during the period of the Lease, this Lease shall at the option of the
Lessee be terminated. And in the event of the Lessee being desirous of any part thereof
as the case may be so as to enable the Lessor to repair the damage or reinstate the same
and the rents hereby reserved shall remain suspended till the demised premises or any
part thereof as the case may be reinstated or restored to its former state and possession
if delivered over to the Lessee for the remaining part of this Lease, if any.
ii) That in the event of any dispute or difference arising out of this agreement, the matter
will be referred to the Arbitrator apporved by common consent of both the parties and
his decision will be binding on both parties.
iii) That the parties to the agreement have specifically agreed that considering the location,
accommodation, and condition of the said property, the Lease rent is fair rent and in
consonance with the property, market rates.
iv) That the terms and conditions of this agreement as stated above shall be binding on
both the parties.
v) If the rents or other amounts due under the Lease deed or any part thereof shall remain
unpaid for more than one month and if any covenant on the Lessee‟s part herein
contained shall not be performed or observed by the Lessee and shall continue to do so
for the period of 30 days after written notice by the Lessor thereof to the Lessee then
and in any of the said cases it shall be lawful for the Lessor to renter the demised
premises or upon any part thereof in the name of the whole and the Lease shall
thereupon be terminated, but without prejudice to any claim or action or remedy which
either of the parties may have against the other as on that date in respect of any branch,
non-performance or non-observance of the covenants or conditions herein contained.
vi) The Lease shall automatically come to an and determined on the expiry of the Lease
period. Hence peaceful and vacant possession of the demised premises will be deemed
to have been handed over by the Lessee to the Lessor.
vii) The cost of preparation of the original Lease and duplicate thereof and stamps and
registration fee and in connection with the same shall be borne and paid by the Lessee.
The Lessor shall retain the original of the Lease deed and the Lessee the duplicate
thereof.
133

IN WITNESS WHEREOF, these presents have been executed by the parties hereto on the
day, month and year first mentioned herein above in presence of witness:
LESSOR
LESSEE
Witnesses: (1) (2)

Note: Read Section 105 to Section 111 of the Transfer of Property Act, 1882.
*Disclaimer – This legal form and document is for reference only. Any document that
you enter into, should be in consultation with an Advocate or a Solicitor. The
Government will not be responsible for any claim arising out of the use of the following
document.

LEAVE AND LICENSE AGREEMENT

(To be executed while licencing premises)

This Agreement made at ------- this----- day of -------- between ------------

(hereinafter referred to as 'licensor') of one part and --------- (hereinafter referred to

as 'licensee') of the other part;

Whereas the licensor is seized and possessed of or otherwise entitled to the

premises at ________________________________________(Full Address) (referred

hereto as the 'licensed premises')

Whereas the licensor has requested the licensee to allow him to use and occupy

the licensed premises as licensee and the licensor has agreed to allow the licensee to

use the premises as bare licensee and to occupy the same without any right, title,

interest or claim in the licensed premises or to any right or interest of the licensor in

the licensed premises.

And whereas the licensor has sufficient interest, right or title in the licensed

premises and to permit and allow the licensee to use and occupy the licensed premises

as bare licensee in his personal capacity for use by him of the licensed premises for

residential purposes.

And whereas the licensee is desirous of and represent that, the use and

occupation of the licensed premises by him, shall be in his personal right and shall be

under a mere permission as licensee by the licensor and shall not amount to claim any

right.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS

LICENSOR AND LICENSEE HERETO AS FOLLOWS :

1. This leave and license shall commence from the date of the Agreement and

shall remain effective for a period ___________months/ years from this date.

2. The licensor and licensee agree that the licensee shall use and occupy the

premises under the permission of the licensor and shall not have or claim any

tenancy or any other right, title, interest in the premises and shall always be

construed as permissive user as license only.

3. The licensee shall deposit Rs. -------- and keep deposited the said amount as

security deposit /money advance / money to be advanced for the due

observance and performance of this Agreement with and to the licensor.

4. The licensee shall pay to the licensor the license fee of Rs. ___________(in

words rupees________________) per month/per year, during the aforesaid

period of Leave and License Agreement.

5. The licensee during the subsistence of this present agreement shall pay all

outgoing expenses, and charges including for repairs, electricity and water

charges for electric and water consumption.

6. The licensee shall cease to use and occupy the licensed premises and hand

over licensed premises without demur, protest or objection to the licensor on

expiry of the above period of _______month/years, from the date of executing

this present Agreement for Leave and License.

7. The licensee hereby agree and covenants with and to the licensor that the

licensee under no circumstances whatsoever, transfer or assign in any manner,

whatsoever benefit of this present to any other person and accepts and
acknowledges that licensor has allowed licensee to use and occupy the licensed

premises only and in no manner has granted any right interest in the licensed

premises or any right to transfer or heritable right in respect of the licensed

premises.

8. The licensee shall use and occupy the licensed premises for purpose of ----

_________only and in no manner cause nuisance, damage, disturbance,

annoyance, inconvenience or interference to the occupiers of neighbouring

premises.

9. The licensee shall not use the licensed premises for any illegal or immoral

purpose or carry out any activity or do anything, which constitute breach of any

law.

10. The licensee agrees and undertakes to the licensor to indemnify and to keep

indemnified of any obligations, covenants, and conditions thereof.

11. All notices, communications shall be sent on following addresses –

Licensor Licensee
………………………….. ……………………………….
12. The licensee on termination of the agreement or in case of breach of the

conditions hereinabove shall hand over peaceful possession of the licensed

premises to the licensor, in normal wear and tear condition.

IN WITNESS WHEREOF THE PARTIES HAVE SUBSCRIBED, SIGNED AND

HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

LICENSOR LICENSEE

WITNESS

1.

2.
134

MORTAGAGE DEED

THIS DEED OF MORTGAGE is executed at Delhi on this 31st day of January 2017
BY

Mr. A son of Sh. ____ resident of ____ hereinafter called the MORTGAGOR, which
expression shall mean and include his heirs, legal representatives, executors, administrators
and assigns of the First Part;
IN FAVOUR OF
M/s ABC Ltd., A company incorporated under the Companies Act having its registered office
at ___ hereinafter called the MORTGAGEE, which expression shall mean and include its
successors.
WHEREAS the Mortgagor has vide Lease-deed dated 5.1.1988 purchased / taken on
perpetual Leases from the President of India, a vacant residential plot bearing Municipal No.
A-25 situated at Ashok vihar , Delhi
AND WHEREAS per the terms of the said perpetual Lease-deed, the Mortgagor is required to
construct a residential building on the aforesaid vacant plot of land;
AND WHEREAS the Mortgagor is not possessed with the financial means to undertake the
construction of the residential building on the aforesaid plot of land;
AND WHEREAS the Mortgagee, with whom the Mortgagor is presently employed, has
agreed to advance a lone of Rs.2,00,000/- ( RUPEES Two lakhs only ) to the Mortgagor, and
which loan shall be utilized by the Mortgagor towards the construction of a residential house
on the above vacant plot of land.
AND WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/- borrowed by the
Mortgagor from the Mortgagee, the Mortgagor has agreed to execute this Mortgageed, deed
of the vacant plot of land in favour of the Mortgagee.
NOW THIS DEED, THEREFORE WITNESSES AS UNDER:
1. The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the
Mortgagee on the basis of promissory note and receipt dated 1.6.1990 executed by him in
favour of the Mortgagee.
2. The Mortgagor shall be lible to pay interest on the above stated principal sum of Rs.
2,00,000/- @Rs. 12/- per cent per annum form the date of the loan until payment and in this
manner the total charge of the referred property of the Mortgagor shall be the principal sum of
Rs. 2,00,000/- and interest accruing thereupon.
3. The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,00/- in equal
monthly installment of Rs.2000/- per month on or before the 31st December, 2000 and in the
meantime interest thereon or on such thereof as shall for the time being remain unpaid, at the
rate of 12% percent per annum by half yearly payments on the 30th day of June and the 31st
day of December in each year.
135

4. That any interest not paid on the due dates shall be treated as principal and added to the
principal sum herby secured and bear interest at the rate and payable on the half yearly days
aforesaid.
5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple
mortgage to the Mortgagee, a vacant residential plot bearing Municipal No. A-25, Ashok
Vihar, Delhi.
6. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all other
permanent structures that shall be built on the aforesaid vacant plot by the Mortgagor.
7. The Mortgagor hereby covenants with the Mortgagee as follows :
(i) That the said premises are free from all encumbrances and the Mortgagor undertakes
that until the entire principal amount and interest, if any due, is not paid back to the
Mortgagee, the Mortgagor shall not create any fresh mortgage, charge, pledge, or in any other
manner, alienate the corpus or his interest in the aforesaid property to any third person.
(ii) If the Mortgagor fails to pay the sum with interest after it has become payable under
the provisions of the this deed, the Mortgagee shall, in addition to any other remedy available
to him under the law, have the power to sell without the intervention of a Court the mortgaged
property or any part thereof for the realization of the money due to it hereunder.
(iii) During the continuance of the Mortgage, the Mortgagor shall keep any building or
permanent structure erected on the aforesaid plot of land insured against damage by fire in the
name of the Mortgagor with an Insurance Company and shall punctually pay all premium on
such insurance and shall produced to the Mortgagee on demand, the policy of such insurance
and the receipt for the premium so paid.
Provided always, that if the Mortgagor shall make default in any of the above matters, the
Mortgagee may, in its discretion, insure and keep insured all or any of the said building and
permanent structures to the amount aforesaid and that the expenses of doing shall be repaid to
it by the Mortgagor on demand, and until so paid shall be added to the principal money
hereby secured and bear interest accordingly and be secured in the like manner as the said
principal.
IN WITNESSES WHEREOF the Mortgagor has executed this document on the date, first
above written.
MORTGAGOR

MORTGAGEE
WITNESSES

1.
2.
*****
(1)

Memorandum of Understanding

This Memorandum of Understanding (“MOU”) is inked on this ……. day of …… ……….. by and between,

Ms. ……………………………, adult, aged ……………………………., Indian inhabitant residing at


………………………………………………………………. (hereinafter referred to as “Talent”)

and

Ms. ……………., adult, aged ……………., Indian Inhabitant, residing at ……………………………………with PAN No
……………. (hereinafter referred to as “Natasha”).

Natasha and Talent shall jointly be referred to as the “Parties” and severally as “Party”

1. SCOPE, SERVICES AND DELIVERABLES


1.1. The Talent hereby engages Natasha, and Natasha hereby accepts the engagement for a term commencing
…………………………….. (‘Effective Date”) and continuing until ……………………… (the “Term”) during
which period the Parties shall endeavor to enter into a definitive service agreement.
1.2. Natasha’s services shall cover strategizing and co-ordination of the marketing, management and monetization
of Talent’s digital platform including all aspects related to Talent’s social media presence (“Digital Platform
Services”) and will include the following:
1.2.1. Create and implement a strategic roadmap for the growth of Talent’s Brand (“Brand ………..”);
1.2.2. Co-ordinate and be the liaison between relevant parties and the Talent for the maintenance and growth
of the Talent’s social media presence, digital endorsements, online/mobile monetization;
1.2.3. Ideate and drive the execution of social media campaigns for the Talent across all relevant Digital
Platforms;
1.2.4. Ensure all check and balances are maintained on the overall strategic as well as day to day aspects of
Brand ……………….;
1.2.5. Write quotes, short messages, articles, etc., on behalf of the Talent as per the requirements of the Talent
for the Digital Platform.
1.3. Natasha shall act as the Talent’s representative on the Digital Platform and agrees and is aware that any and
all decisions, strategic planning, coordination with the Talent and her team, if any, shall at all times be done as
per the requirements of the Talent and subject to the approval of the Talent including with regard to any quotes,
write ups, etc., made for and behalf of the Talent on the Digital Platform. Natasha will execute all the activities
on best effort basis and under an express authority of the Talent and her team, if any, and thus, any adverse
effect arising out of such activities which have been expressly approved by the Talent or her team, if any, shall
not render Natasha liable in any manner whatsoever.
1.4. It is explicitly agreed by and between the Parties hereto that nothing herein shall restrict Natasha from
undertaking the like assignments for, or rendering the like services to, as contemplated herein, any other
film/TV/media/theater personality, including actor, anchor, host, known by any such name whatsoever, in
relation to any of its like activities. Should Natasha wish to manage any such personality or actor, Natasha shall
do the same at her sole discretion and the Talent shall not raise any dispute or claim of any nature whatsoever
in this behalf.

2. FEE
2.1. For the Digital Platform Services to be rendered by Natasha as per the terms hereof, the Talent shall pay
Natasha a fixed remuneration on a retainer basis of Rs………………./- (Rupees ………………. only) (“Fee”) per
month plus service tax, within the seven (7) days from the date of receipt of the invoice.
2.2. The Talent shall, by way of reimbursement, pay or procure to be paid to Natasha only such expenses as are
incurred exclusively and necessarily by Natasha in or about the performance of her duties under this MOU.
Provided however that Natasha shall pre-approve in writing all expenses to be incurred by her for which she
would claim a reimbursement. Thereafter, Natasha shall provide reasonable evidence of the expenditure in
respect of which she claims reimbursement.

3. MISCELLANEOUS
(2)

3.1. Either Party shall be entitled to terminate this MOU by giving 15 (fifteen) days’ written notice to the other Party
if such other Party commits a breach of the terms of this MOU not being capable of remedy.
3.2. Either Party hereto shall be entitled to voluntarily terminate this MOU at any time during the Term by giving thirty
(30) days’ written notice to other Party, clearly stating the reasons for such termination. If the Parties are unable
to enter into a definitive services agreement during the Term hereof, this MOU shall be deemed to have
terminated by lapse of time.
3.3. All the rights including copyrights, trademarks and all other intellectual property rights (‘IP Rights”) belonging to
a party shall continue to remain vested in that party. The Talent acknowledges that idea, concept, thought,
impression, plans, beliefs, scheme, solutions, skills, by whatsoever name called, ideated, developed, generated
or created by Natasha out of her own learning, understanding and knowledge in the domain of Digital Platform
are original to Natasha and has been created and developed by Natasha at a great expense of time and money
(collectively “Natasha’s IP”), such that its misappropriation or unauthorized use by others for commercial gain
would unfairly and irreparably harm the proprietary and intellectual property rights of Natasha. However, Natasha
agrees that the contents, information, pictures gathered from the Talent specifically for the Talent shall be
passed on to the Talent. Nothing herein shall restrict Natasha from using Natasha’s IP for any third party in any
manner whatsoever and Natasha shall at its sole discretion use Natasha’s IP.
3.4. Each Party (the “Indemnifying Party”) shall protect, indemnify and save harmless the other Party from and
against any and all damages, claims, suits, actions, judgments, costs and expenses whatsoever (including
reasonable legal fees) arising out of or in any way connected with act or omission of the Indemnifying Party
arising out of any material breach of this MOU or in connection with omission of the Indemnifying Party in
exercising its rights and obligations under this MOU. It is however agreed that the either Party’s liability under
this Clause shall be only to the extent of the monthly Fee to be paid by Talent to Natasha for the matter in
question.

……………………………………… Natasha ……..

Signature Signature
NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement (“Agreement”) is executed by and between:-

………………………….1, a company having its registered office at ……………………………..2


(hereinafter referred to as the “Client” which expression shall, unless it be repugnant to the context or
meaning thereof, be deemed to mean and include its successors and assigns);

AND

……………………………………..3, an individual, Indian inhabitant, residing at


…………………………………………………………4 (hereinafter referred to as the “Service
Provider” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed
to mean and include its successors and assigns).

[The Client and the Service Provider are herein sometimes referred to as “Party” individually and
“Parties” collectively. The Party disclosing the Confidential Information is hereinafter referred to as
“Discloser” and the Party receiving the Confidential Information is hereinafter referred to as
“Recipient”.]

WHEREAS:

A. The Discloser is engaged in ……………………………………5 services.

B. The Recipient is engaged in providing ……………………………………… 6.

C. The Discloser is desirous that the Recipient provides with the ……………….7 services, including
any ancillary and related services thereto (collectively the “Assignment”).

D. In order to carry out the Assignment, the Discloser will be required to share certain confidential
information with the Recipient, for the protection of which it is intended to enter into this
Agreement.

NOW, BOTH THE PARTIES HERETO AGREE AS FOLLOWS:-

1. CONFIDENTIAL INFORMATION:
The Recipient will hold as confidential, all non-public and proprietary information of the
Discloser, including details of the scope of work and project deliverables specifically all details,
documents, data, business / customer information and the Discloser’s practices and trade
secrets, ideas and concepts generally (all of which are hereinafter collectively referred to as “the
Confidential Information”), as disclosed by the Discloser to the Recipient at all times during
the Term of the Agreement or as may be accessed by the Recipient or comes to the knowledge
of the Recipient. Notwithstanding the foregoing, Confidential Information does not include the
information (i) which is in the public domain for without any fault of the Recipient; (ii)
information which was rightfully in the Recipient’s possession or any part of it which is generally
known to the Recipient prior to its association with the Discloser; (iii) information which is
rightfully received by the Recipient from a third party without a duty of confidentiality on the
third party; (iv) information, which is independently developed by the Recipient without

1
Pls. key in correct and full name of the Client;
2
Pls. key in full & correct address of the Client;
3
Pls. key in correct and full name of the Service Provider;
4
Pls. key in correct and full office address;
5
Pls. key in the line of business of the Client;
6
Pls. key in correct and full LOB of the Service Provider;
7
Pls. key in the nature of service that is intended to be availed (which is premise for which this NDA is
being executed.
reference to any information of the Discloser; (v) information disclosed with Client’s prior
written approval; (vi) information which is required to be disclosed at law.

2. REQUIREMENTS:
The Recipient shall:
a. exercise the same degree of care to preserve the confidentiality of the Confidential
Information that it exercises with respect to its own Confidential Information of like
importance.
b. not to distribute, or allow access or distribution of any Confidential Information
submitted to it by the Discloser under this Agreement, except to the entities / persons
(whether employed by the Recipient or not) who will be directly involved in performing
the evaluation as described above and except for the purpose of the Assignment.
c. return all Confidential Information to the Discloser within 30 (thirty) days after receipt
of any written request from the Discloser for such return or destroy the same within
such period and provide a confirmation thereof.

3. INDEMNIFICATION:
The Recipient acknowledges and agrees that a breach of any of Recipient’s confidentiality
obligations under this Agreement may cause irreparable damage to the Discloser and its
reputation and that any monetary relief available in law for any such breach may not be adequate
or sufficient. The Recipient accordingly agrees that the Discloser shall be entitled to seek any
appropriate injunction, specific performance or other like remedies for any actual breach or
threatened breach of this Agreement.

4. TERM & TERMINATION:


The term of this Agreement will be for a period of ___________8 from the date of execution
hereof. The Discloser shall be entitled to terminate this Agreement, with or without reasons, by
giving a one (1) month prior written notice. However, the confidentiality obligations of the
Recipient will survive the termination or expiry of this Agreement for a period of
…………………9.

5. MISCELLANEOUS:
a. The validity, interpretation and enforcement of this Agreement will be governed by and will be
construed in accordance with the laws of the Republic of India. Both the Parties agree to submit
to the exclusive jurisdiction of the appropriate courts at Mumbai, India.

b. Subject to the foregoing clauses, both the Parties agree that this Agreement is non-exclusive
and that the Discloser will be free to evaluate other similar proposals of third parties,
simultaneously with or separately of, the arrangement contemplated herein. However, the
Recipient will not disclose anything concerning the Assignment to any third party including
without limitations, an existing / prospective competitor of the Discloser, clientele of the
Discloser, and business associate of the Discloser, at any point of time, before or during the
completion of the said Assignment as contemplated herein.

c. All the documents, papers and Confidential Information provided by the Discloser to the
Recipient under this Agreement are proprietary to the Discloser or a third party providing such
information to Discloser (“Proprietary Information”). The Recipient acknowledges and
agrees that the Proprietary Information shall remain the sole and exclusive property of the
Discloser or a third party providing such information to the Discloser, and the disclosure of such
information to the Recipient does not confer upon it any license, interest, or right of any kind in
or to the Proprietary Information, except as provided under this Agreement.

d. This Agreement may be amended only by a written document executed by the Parties, which
makes a specific reference to this Agreement.

8
Pls. key in correct Term (in words & figure) during which this NDA would be valid;
9
Define the confidentiality obligation period.
2
e. The Recipient shall not during the currency of this Agreement and thereafter for a period of 3
(three) years upon the expiry or termination of this Agreement, as the case may be, directly or
indirectly, solicit, approach or offer services or entice away on its own or through some entity or
person on its behalf, any of the Discloser’s existing customer(s) whose project has been assigned
to the Recipient under any arrangement entered or to be entered into in future. In case the
Recipient and the Discloser have common customers, then the Recipient shall forthwith disclose
the same to Discloser, along with the nature of activity carried out by the Recipient for those
particular customers and such disclosure shall be made in a manner that the business interest of
the Recipient does not conflict with that of Discloser.

This Agreement is entered into on this _______ day of _____________ in the year ______ and
shall become effective immediately upon execution hereof.

Client Signature Service Provider Signature

Print Name (Client) Print Name (Service Provider)

Client’s Title Service Provider’s Title

3
DRAFT OF PARTNERSHIP AGREEMENT

This Deed of Partnership is made at Thane on this 23rd day of March 2023 by and between:

1. Shri ABC, adult aged about 42 years, son of Shri PQR, Indian inhabitant, resident of Thane
(hereinafter to be called the First Party);
2. Shri 123, adult aged about 38 years, son of Shri 456 resident of Mumbra (hereinafter to be called
the Second Party);
3. Shri A1B2, adult aged about 22 years, son of Shri B2A1 resident of Kashi (hereinafter to be
called the Third Party);

WHEREAS, the parties to this deed intend to carry on the business of fitness club under the name
and style of M/s. V18 with its principal place of business at Thane on the terms and conditions
incorporated in the Partnership Deed to avoid future difficulties or misunderstanding.

NOW, THEREFORE THIS DEED WITNESSETH as under:


1. That the partnership business shall be carried on under the name and style of M/s. V18.
2. That the partnership business shall be that of a fitness club with its principal place of business at
Thane. The parties by mutual consent may carry on business at such other place or places, in
such other name or names and of such other nature or natures, as they may deem fit and proper
from time to time.
3. That each partner shall invest an amount of Rs.30 Lakh each as their initial capital investment.
Further capital, loans or deposits looking to the needs/requirements of the partnership firm
shall be arranged, invested or contributed by the partners.
4. That the parties have agreed to keep themselves actively engaged in conducting the affairs of
the business of the partnership firm. The said partners shall be working partners. It is hereby
agreed to that in consideration of the said parties keeping themselves actively engaged in the
business of the partnership firm and working as working partners, shall be entitled to
remuneration.
The remuneration payable to the said working partners shall be computed in the manner laid
down under applicable provisions of the Income-tax Act, 1961 or any other applicable provisions
as may be in force in the income-tax assessment of the partnership firm for the relevant
accounting year. Such amount of remuneration shall be distributed between the said working
partners in the following proportion:
1. Shri ................................ ....... per cent of such amount
2. Shri ................................ ....... per cent of such amount
3. Shri ................................ ....... per cent of such amount
The partners shall be entitled to increase or reduction in the above remuneration, as the case
may be. The partners may also agree to revise the mode of calculating the above said
remuneration as may be agreed to by and between the partners from time to time.
5. That the parties hereto shall be true and faithful to each other and shall not do or cause to be
done anything which may be detrimental to the interest of the firm.
6. That the parties shall keep or cause to be kept proper books of account and documents and
shall make entries therein of all receipts, payments and other matters as is usually done and
entered in the books of account kept by persons engaged in business similar to that of the firm.
Each partner shall have a right to have access to and to inspect and take copy of the same.
7. That the partnership has been and shall be a partnership at will.
8. That the net profit of the partnership firm after deduction of all expenses including rent, salaries,
other establishment expenses, interest and remuneration payable to the partners in accordance
with this deed of partnership or any supplementary deed as may be executed by the partners
from time, to time, shall be divided and distributed amongst the partners in the following
proportion:
Sr. No. Name of Party Share in Profit
1.
2.
3.
The losses, if any, including loss of capital suffered in any year shall also be apportioned in the
above said proportion.

1
9. That the bank account or accounts have been and shall be maintained in the name of the firm
and shall be operated singly or jointly by the partners.
10. That the books of account shall be closed on 31st day of March each year. The net profit or loss
after deducting all expenses, interest, remuneration, outgoings shall be divided between the
parties in proportion to the sharing ratio referred to hereinabove.
11. That notwithstanding anything contained in the Indian Partnership Act it is hereby mutually
agreed to by and between the parties that in case of death of any one or more partners, the
firm shall not be dissolved but shall continue to be carried on by and between the surviving
partners and legal heirs and/or representatives of the deceased partner, as a continuing concern,
on the same terms and conditions as incorporated in this Deed or on such terms and conditions
as may be agreed to by and between them from time to time. It is hereby further clarified that
it shall be deemed as change in constitution and not succession.
12. That with respect to any matter connected with the affairs of the firm, which is not specifically
provided for herein, the partners may make such agreements therefor and may set in such
manner with regard thereto as may be agreed upon by and between themselves.
13. That if the partners deem proper, and in their interest, they may admit any other person or
persons as partners on the terms and conditions as may be mutually agreed amongst themselves.
14. That the partners to this deed are partners in their individual capacity. The parties do not
represent any other person.
15. All bonds, bills, notes, bills of exchange, hundies or promissory notes or other securities given
on behalf of the partnership (except cheques) shall be signed, endorsed, accepted or executed
jointly by all the partners and any bond, bill, note, bill of exchange, etc. to which any partner
may be a party contrary to this provision shall be deemed to have been on the personal account
of such partner and he shall pay and discharge the same out of his own moneys and indemnify
other partners and the firm against payment thereof and against all actions, proceedings, costs,
charges, expenses, claims and demands in respect thereof.
16. Each party will be working partner and be in charge of, responsible to the firm for the conduct
of the business of the firm and need to take interest in day-to-day working and business of the
partnership firm. The parties thus, shall be liable to any criminal action for the business or
working of the partnership firm or for the acts of the each other or its employees or its
representatives for and on behalf of or on account of the partnership firm or for the purposes
of the partnership firm. Each partner shall be liable for any liability, civil or criminal, against the
partnership firm or other partners. Each partner shall become and be liable for any criminal
action for any default or offence committed by other partners or employees or authorised
representatives of the firm under the Income-tax Act, Customs Act, Foreign Exchange
Regulation Act, Sales tax Laws or other Central or State Acts, laws, Rules or Regulations.
17. That the partners shall be entitled to modify the above terms by executing a supplementary
deed and such deed when executed shall have effect unless otherwise provided from the first
day of accounting period in which such supplementary deed is executed and the same shall form
part of this deed of partnership.
18. That all disputes and questions in connection with the partnership or this deed arising between
the partners or between any one of them or their legal representatives and whether during or
after the partnership, shall be referred to the arbitrator in accordance with the provisions of
the Arbitration and Conciliation Act, 1996 then in force.
19. This Deed shall be governed by the laws of India and the competent courts at Thane shall have
exclusive jurisdiction to try any and all disputes arising from this Deed.

IN WITNESS WHEREOF the parties to this deed have set their hands on the day and year first above
written and in the presence of:

First Partner WITNESSES;


1.
Second Partner 2.

Third Partner

2
126

SALE DEED FOR RS. 2,50,000/-

THIS SALE DEED is made at …………on this …………day of……….

BETWEEN

Mr…… aged……..s/o……….r/o….. (hereinafter referred to as the VENDOR which


expression shall, unless repugnant to the context or meaning thereof shall mean and include
his heirs, executors, administrators and assigns of the FIRST PART).

AND

Mr……. aged ……….s/o……….r/o….. (hereinafter referred to as the


VENDEE/PURCHASER which expression shall, unless repugnant to the context or meaning
thereof shall mean and include his heirs, executors, administrators and assigns of the
SECOND PART).

WHEREAS the vendor purchased a freehold residential plot measuring 300 sq. yds. and
bearing No.170 in „M‟ Block of the residential colony known as Greater Kailash Part-II, New
Delhi vide sale deed dated 6.8.85 registered in the office of the Sub-Registrar, New Delhi as
document No. 5560 Addl. Book No. I, Vol. No. 5318 at pages 136 to 152 on 6.8.85.
The aforementioned plot is bounded as under :-
EAST ... ROAD NORTH … PLOT NO. M-168
WEST… SERVICE LANE SOUTH… PLOT NO. M-172

AND WHEREAS the Vendor after purchasing the said plot, got the building plan sanctioned
from the Municipal Corporation of Delhi vide their letter/file No. 400/B/85 dated 13.12.85.
Then the Vendor caused construction thereon of residential building on different floor levels.

AND WHEREAS the Vendor to sell and the Vendee has agreed to purchase part of Basement
(760 Sq. ft. approx), one front Bed Room if First Floor (with attached bath room and small
balcony) of the said building on „as is where is‟ basis for a total consideration of Rs.
2,50,000/- (Rupees two lacs and fifty thousand only) on the terms and conditions setforth
hereinafter.
NOW THIS SALE DEED WITNESSES AS FOLLOWS:
1. That in pursuance of this agreement, the Vendor has already received from the Vendee a
sum of Rs. 2,00,000/0 (Rupees two lacs only) as part sale consideration, the receipt of
which the Vendor hereby admit and acknowledge.
2. The balance amount of Rs. 50,000/- (Rupees fifty thousand only) has been paid by the
Vendee to the Vendor by cheque No. 010806 dated 29.9.86 drawn on Central Bank of
India, Kalkaji, New Delhi-110019.
127

3. That is view of the amount of sale consideration received as per para 1 above, the Vendor
hereby grant, convey and transfer all his rights, titles and interests as held on the date
hereof in the said part of basement and part of First Floor of M-170, Greater Kailash Part-
II, New Delhi together with undivided, indivisible and impartible proportionate
ownership rights on the land underneath the said building, on the terms and conditions
contained herein, provided that common staircase, water tanks and other common
facilities, fittings etc. shall be used and enjoyed by the Vendee alongwith other
owners/occupants of the said building.
4. That the Vendor is free to sell the remaining portion (s) of the said residential building to
any other party/parties with common rights for use of common entrances, common
passages, staircases, water tanks, common facilities etc. and the Vendee will not make
any objection thereto.
5. That the Vendor assures that the sale of the said residential portion/domestic storage
space is free from attachment, tenancies gifts, decree, prior sale and religious disputes
and if it is proved otherwise at any time and the Vendee suffers any loss due to any of the
aforementioned reasons, then the Vendor shall be liable to make good the loss thus
suffered by the Vendee.
6. That the Vendee has perused the original title deed, sanctioned plans. Sale plans etc. and
has fully satisfied herself.
7. That the Vendee/occupants shall have no right to use or affix or exhibit any display
boards or any big writing or any sing boards at the external face of the said building.
8. That all expenses of registration, Corporation tax etc. have been borne and paid by the
Vendee.
9. That charges for maintenance/consumption for common amenities such as lights in
staircases etc. and booster and charges for major repairs etc. shall be paid by the owners
of all the portions proportionately.
10. That all taxes from the date of the Agreement to sell the said portion shall be borne and
paid by the Vendee. If assessment of taxes in not made separately for each portion, then
all the owners of the said building shall pay such charges proportionately directly to the
authorities concerned and the Vendor shall in no way be responsible for the same.
11. That the Vendee shall keep the said property in properly repaired and good condition and
shall not do anything or omit to do anything which may endanger or affect the other
portions of the said building or hinder the proper and reasonable use of such portions by
the other owners/occupants of the said building.
12. That the existing use of the said portion of first floor is residential and that on Basement
domestic storage. The Vendee shall neither use the said portion for any illegal, immoral
or commercial purpose nor use it so as to cause annoyance or nuisance to the other
owners/occupants of the said building. Common parts e.g. staircase, passage, driveway
etc. will in no case be used for keeping/chaining pets/does or any other animal/bird or
storing cycles, scooter, motor-cycles etc.
13. The Vendee has also satisfied herself about the soundness of the title of the Vendor and
his power to sell the said portion in the manner stated herein.
128

14. While building is under construction, the Vendee shall have the right to make at her own
discretion any internal alternations (except structural) in the said portion at her own cost
and expenses.
15. That the Vendee shall not construct anything whatsoever upon or over hanging the said
land or the portion of the said land kept uncovered and unbuilt upon the building
(including terrace). The Vendee shall not make any alterations involving structural
changes in the said protion/building. The Vendee shall have no right to use the terrace at
the top of the building.
16. That the Vendee and owners/occupants (alongwith servants/workmen) of all the portions
of the said building will have full right for access to booster pump (tubewell), water
meter, sewer tank, overhead water tank etc. at all reasonable times only on notice (except
in the case of emergency) to get their underground and overhead tanks, booster pump etc.
repaired/cleaned.
17. That photostat copies of title deeds etc. have been handed over by the Vendor to the
Vendee and physical, vacant possession of the said floor/portion has also been taken by
the Vendee.
18. That this transaction has taken place at New Delhi. As such Delhi Court shall have
exclusive jurisdiction to entertain any dispute arising out of or in any way touching or
concerning this deed.

SCHEDULE OF PROPERTY
Details of the property to be mentioned.

IN WITNESS WHEREOF parties hereunto have signed this document on the date and place
first above written in the presence of following witnesses.

VENDOR

VENDEE

WITNESSES: (1)
(2)

* ****

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