3B. ADVANCE RECEIPT CUM AGREEMENT TO SELL.[CD1]
This agreement is executed at New
Delhi on this……………………..day of ………………………………………................ hereinafter
called the FIRST PARTY of the one part IN FAVOUR OF …………………….....................................................................................................................hereinafter
called the SECOND PARTY of the other part.
The expression of the terms First
Party/Second Party, wherever they occur in the body of this Agreement, shall
mean and include their respective heirs, executors, administrators and assigns,
unless and until it is repugnant to the content or meaning thereof.
WHEREAS the First Party is the owner and in
possession of Property No………….
........ measuring
...................carved out of khasra No. ...................... situated at
......................
AND WHEREAS THE FIRST PARTY due to his legal needs and
requirements has agreed to sell and convey the rights, interests, liens and
titles in the use of the above said property unto the SECOND PARTY for a
total consideration of Rs. ...........
AND WHEREAS the SECOND PARTY has agreed to
purchase, acquire and possess the same from the FIRST PARTY on the
following agreed terms and conditions of this AGREEMENT.
NOW THIS AGREEMENT WITNESSES AS UNDER :
That the entire consideration amount
of the rights, interests liens and titles of the FIRST PARTY in the said
property and the land beneath the same is fixed between the parties at
Rs................... will be paid on or before........... from the date of
this Agreement.
That the FIRST PARTY has assured the SECOND
PARTY that can property is free from all sorts of encumbrances i.e.,
mortgages, court injuctions, attachment, disputes, gifts, wills, exchanges,
etc. and if it is ever proved otherwise the FIRST PARTY shall be liable
and responsible for the same.
. That the FIRST PARTY shall
not have any right, interests or liens of the said property henceforth and the SECOND PARTY
shall be its sole henceforth for all intents owner hen all intents and purposes
shall be liable and responsible for all the dues and demands in respect thereof
from the date of the execution of the agreement. However, if any dues in
respect of the said property are found outstanding prior to the executions of
this Agreement, the same shall be borne and paid by the fine the first party
shall apply for and get the permission for the sale property there under in
favour of the second party or his nominee
name in favour of the second party or
his/her no
ages, court injunctions, proved
otherwise,
same registered in the office of
Sub-Registrar/or any State. Union Territory in india. The First Party shall
apply and get all sort of income tax clearance from the concerned department in favour of the second party at
his own risk and cost.
That all the expenses on the transfer
of the said property i.e., municipal/corporation taxes, stamp duty, court fee,
registration fee etc and the portion of unearned increase in the value of land
shall be paid by the SECOND PARTY .If the second party gets the said property free hold
all the expenses/amounts paid to the government will be borne by the second
party.
That if the FIRST PARTY infringes the
terms and conditions of this agreement, the SECOND PARTY shall be entitled to
get the implementation thereof effected through court of law by specific
performance of this agreement or any other law for the time being in force at
the costs and risks or the FIRST PARTY or may rescind this agreement, and in
that eventuality, the FIRST PARTY shall be liable and responsible for making
good the losses which may be suffered, incurred undergone and/or sustained by
the SECOND PARTY as a result thereof. This deal is finalized through the
efforts of ............................................................. who is
entitled to get commission from both the side.
IN WITNESS WHEREOF, the parties hereto have set their
respective hands on these presents in the presence of the following witnesses.
PLACE :
DATED FIRST
PARTY
WITNESSES SECOND
PARTY
(1)........
(2).......
[CD1]ADVANCE RECEIPT CUM AGREEMENT TO SELL.
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