Deed Of Sale By Co-Owners Of Undivided Property
THIS
DEED OF VENDING IS MADE on. ............ day of ..................,
BETWEEN A, son of ……………………………………resident at...…………………and C, son of …………………………resident at ....................after it referred to as the sellers (which term shall include their successors, heirs and legal representatives) of the one part and E, son of ................................resident at ............................ after it referred to as the buyer (which term shall include his heirs, nominees and assignees) of the other part.
Whereas one P late of, etc. who was a Hindu ruled by the -…………………………….
School of Hindu Law expired on the .............. day of. ....................intestate,
leaving him living only two sons i.e., the said A and C as his successors and
legal representatives per said school and whereas the said P left inter alia
the following estate as portion of his property and whereas the estate of the
said P has been fully administered and whereas the said A and C are
possessing/enjoying the property jointly hereinafter stated as co-owners with
equated shares without effecting any division/partition thereof and whereas the
said A and C have consented to vend the said properties free from all
encumbrances, to the said E for the sum of Rs........... Now
this deed witnesses that in pursuance of the said covenant and in consideration
of Rupees ............. paid to the said A
and C by said E at or at once prior execution of these presents the receipt
whereof the said A and C hereby acknowledge, admit and confirm, they, the said
A and C and every being beneficial owner of one equal undivided moiety thereof
do hereby and hereunder grant, convey, vend, transfer, assign and assure unto
and to the use the said E all that, etc. parcel etc., as in a conveyance): To
hold and have the same unto and to the use of the said E, his successors,
executors, administrators, agent and assigns completely and for good. and the
seller doth hereby agree with the buyer that despite any deed, act, matter or
thing whatsoever by the seller or any person lawfully or equitably claiming by,
from, through, under or in trust for the seller, done, made committed or
omitted or knowingly sustained the contrary the seller hath the
rightful/complete power and authority to convey, grant and assure the said
premises hereby convey/assure the said premises hereby and assure and intended
so to be unto and the use of the buyer in the way aforesaid and it shall be
legal for the buyer from time being and at all times after it and quietly
peaceably to enter upon enjoy and possess the said premises stated in the
Schedule hereunder written and to receive all rents issues/profits thereof and
of every portion thereof to and for the buyer’s own use with benefit without
any suit legal eviction interruption claim or demand whatsoever for or by the
seller or any person legally or equitably claiming or to claim by, under or in
trust for seller and that clear and free and clearly and freely and completely
acquitted exonerated and forever discharged or otherwise by the seller well and
sufficiently saved, defended and kept harmless and compensated of from and
against all former/other properties titles charges and all encumbrances
whatsoever had made executed occasioned or sustained by the seller or any other
person legally or equitably claiming or to claim by from under or in trust for
seller and also that the seller and all persons having or legally or equitably
claiming any property or interest whatsoever in the said premises or any of
them or any portion thereof from under or in trust for the seller shall and
will from time to time and at all times hereafter at the request/costs of the
buyer do and execute or cause to be done and executed all such further and
other legal reasoned acts, deeds, things and assurances in the said land and heredity
property and premises whatsoever for the better and more perfectly assuring the
said premises stated in the Schedule hereunder written and for every portion
thereof unto and to the buyer in the way aforesaid as by the buyer shall be
reasonably required.
The Schedule above referred to
In witness whereof the parties herein have executed these presents on the
day, month and year first above-written.
Signed, sealed and delivered by the within-stated seller in the presence
of:
Signed, sealed and delivered by the within-stated buyer in the presence
of:
MEMO OF CONSIDERATION
Received of and from the within-named buyer the sum of Rs.
............... (Rupees .,.............................................) being
the full consideration stated above by Bank Draft No. ................ dated
.............. for Rs................... on X Bank Ltd., Calcutta Branch.
witness
Received
Signature
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