Professional Documents
Culture Documents
__________________________Society Limited, residing at __________________________________Mumbai________, hereinafter expression executors, First Indian Part called shall "the mean and TRANSFEROR" and include permitted assigns) (which his heirs, of the at
administrators
____________________________________Mumbai______, hereinafter called "the TRANSFEREES" (which expression shall mean Other Part: and include and their respective assigns) of heirs, the executors, administrators permitted
2 W H E R E A S : (a) By an agreement for sale dated the ____________ made between M/s. ______________Builders therein called therein the Builders the said flat and Mr.__________________, the said Builders and the said said Builders called flat owner, from
sold to the
therein a Flat bearing No._______, on the _____ in the building known as "_______" situated __________________ and conditions and Mumbai-________, on the to as convenants and at the
admeasuring about _____ sq.ft. carpet area price recorded therein;(herein after referred the said Premises). b) The flat holders of said building as
known
as
__________________ formed themselves into a cooperative Society known Society Limited", duly Maharashtra "_______________ under the registered
Registration No._______________ whereby the said Mr._______________________, the original No. holding interest bearing allottee member of the ____ to ____ Society
Rs.50/- each totaling to Rs.250/- as per the Share Certificate No.____ dated ______________ flat owner's name Mr.___________________________, the member was occupying No.____, . (c) The said Mr. ___________________________, the the said Floor,
as member/tenant, Flat
________________Mumbai-
3 society said holding right, title and interest in the in building owned said of by known the
Flat
No.___,
________________________
Society Limited,
said qualifying membership shares bearing Nos. ____ the________________________ at________________________, Mumbai(d) Society situated .
The Transferor herein as a member of the said society is seized and possessed of the said five membership shares of Rs. 50/under qualifying
each being fully paid shares issued by the said __________________Society bearing of Shares Nos. Limited, Share Certificate No.____ dated ____________ ____ to ____ (both issued in the name and Mr. inclusive) of Rs.50/- each Mr._______
______________
(e)
In the premises aforesaid, the Transferor herein is the sole owner of the said shares and Flat No.___, ___ Floor situated __________________________Society Limited, __________________ Mumbaishares described the said Society. above as as a member of the said Society alongwith the said member/tenant of of building known as "_________", at
78028826.doc
4 (f) The Transferor is now desirous of transferring the said membership the said shares and her entire interest in Flat No.___ , ____ situated Society interest Society the Floor of at Limited, Mumbaiin to the the of
"_________________", ______________________ _______________________ with all the right, title and said shares of at the or said for transferees
price
Rs.______________/(Rupees________________________________ only) being the mutually agreed consideration price in respect thereof. (g) The parties now desire to reduce in writing the terms and conditions of the Agreement as under :-
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO AGREE AS FOLLOWS :1. The Transferor shall sell, transfer and assign unto the Transferees and the Transferees shall acquire from the Transferor the five qualifying membership shares of the Face Value of Rs. 50/- (Rupees Fifty Only) each bearing Nos. ____ to ____ (both inclusive) entered in the Share Certificate issued No. by Society ____ the Limited, dated said with the the the ________________ incidental right
____________________
to use, possess and occupy the flat the building known as about ____ sq.ft. described in the
estate of the said society and standing in the name of Transferor herein in the record of the said society
78028826.doc
funds or deposits of whatsoever nature in respect of said shares and the said flat with all the rights at lump sum price of Rs.________/_______________ only) to be paid against or for a (Rupees possession. 2. The Transferor has further represented to the
Transferees that:(a) The Transferor is the sole and absolute owner of the said shares and the said premises; (b) The said premises either before hereby agreed to be sold is free attached the instance of
from all encumbrances and the same is not or after Judgment or at or taxation authorities Transferor has not
any other authorities and the given any undertaking to the with or dispose off power to
the right, title and interest in the said premises and that the Transferor has full and absolute deal with the same; (c) Save and except the Transferor and the said society, no other person has or had any claim, share enough and entitled to only of sell right, title or interest in the said premises and she is competent and presents subject transfer the same as provided in these to her obtaining the the society, which the
Transferor has obtained from the said Society their letter bearing No. __________ dated ________________.
78028826.doc
6 (d) On the transferees being put into possession, the Transferees shall be entitled to fully enjoy the said premises interruption or under (e) Under the or in without any hindrance, denial, eviction claiming trust of through, for the Transferor; the society, the there is no being
bye-laws
prohibition
against
Transferees
enrolled as member of the society; (f) There are no proceedings in any court as on date concerning, premises; (g) There is no attachment or prohibitory order issued by the Competent Authority or court prohibiting her from dealing with or selling or transferring the said premises as contemplated presents; (h) As far as he is aware, there are no other circumstances or factors which prevents him from dealing with, transferring Transferees or or selling which same the or same to the prevents the transferees getting the same under these touching or affecting the said
transferred to or vested in them; (i) The Transferees premises agreement have relying agreed paid on the to acquire correctness the of said this the
and
have
monies
under
several statements as set forth above and confirm and repeat the correctness thereof.
3.
The
Transferees
have
inspected
the
said
premises
before executing
78028826.doc
4.
The sale shall be completed on or on payment of Rs.___________ _______________only) Transferor, Transferor appropriate required premises together Transferees shall sign in and whichever
before
________,
2005 or against handing over the possession and the purchase consideration of /favour is earlier. execute all (Rupees of the The the
reasonably of the to
by the Transferees to get the said transferred in the all with name the records other put society
amounts the
standing
the credit of
peaceful and quiet possession of the said flat against payment as stated above. 5. The Transferees hereby agree to become the the said said bye-laws, rules society and or member of by to
society and abide by all and singular regulations adopted which to it proposes
pay regularly
monthly outgoings, municipal taxes, etc. as may by the society from time to time from the date of completion of the sale. 6. If any transfer charges are payable to the society on account of this transaction, the same shall be paid and borne by the transferees Mr. _____________________________ only.
78028826.doc
8 7. The Transferor Transferees municipal till the doth hereby covenant with the
that the Transferor has paid and the society her share of charges, taxes, maintenance
outgoings, etc. in respect of the said premises date of handing over the possession and the Transferees shall pay all taxes thereafter
8.
The Transferor hereby doth admit and undertake to keep from the all Transferees losses and free and indemnified determents occasioned to claiming right, title, premises through her servants and
person through
The transferor hereby agree and undertake to obtain the necessary certificate/s or document/s as may be required by the Transferees for completion of sale of the said premises.
10.
hereby covenant with the Transferor pending to their hold of with transfer names and the in enjoy society of the the the said society's same in
shall
the provisions of the bye-laws and shall not in any event persons
and regulations
of and from and against any claim that may be made by the society or any
78028826.doc
9 them on the ground of the breach of provisions of the bye-laws and regulations of the society in the matter of holding and enjoyment of the said premises. 11. The Stamp in duty and with registration expenses
whatsoever, payable on the documents executed connection these presents shall be borne and paid by the Transferees only. 12. THIS AGREEMENT is subject to the exclusive
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands on the day and the year first herein above written.
SCHEDULE OF THE PROPERTY Flat No._____, admeasuring about _____ sq.ft. carpet area at on the ____ floor of____________________, situated ______________________Society Mumbai, CS No. Ltd., of
SIGNED SEALED AND DELIVERED by the withinnamed TRANSFEROR Mr. __________________________ in the presence of ____________________
RECEIVED of and from the abovenamed Transferees the sum of Indian Rs._________/(Rupees ________________only), as under: Sr. No. --Amount (Rs.) ------ -------- -------------------- ----------Date Cheque Drawn on
2.
78028826.doc