THIS INDENTURE made at
…………this…………day of ...............20…………between A, sonof……………………resident of
......................hereinafter called the Vendor of the ONE PART and
Shri…………A son of …………resident
of…………hereinafter called the Purchaser of the OTHER PART.
WHEREAS
(1) The
Vendor is absolutely seized and possessed of the land and premises bearing Plot
No .
…………Survey No . …………CST No .
…………situate, lying and being at………… and hereinafter called the said land, more
particularly described in the First Schedule hereunder written.
(2) The
Vendor has constructed four buildings on the said land in accordance with the
plan approved by Nagpur Municipal Corporation, a copy of which is annexed hereto (at Annexure
I) and thereon shown as building Nos. A, B, C and D.
(3) The
buildings consists of 80 residential apartments and the Vendor has agreed to
sell residential apartments in the said buildings to different purchasers and
proportionate undivided share and interest in the said land.
(4) The
Vendor has agreed to sell and the Purchaser has agreed to purchase the
proprietary rights in the apartment No . …………on the floor of building No. A,
more particularly described in the Second Schedule hereunder written along with
an undivided 1/80th share
of interest in the said land, described in the First Schedule
hereunder written for a
price of Rs . …………out of which the Purchaser has paid Rs . …………as earnest money
and part payment of the said purchase price.
(5) The
Vendor has completed the construction of the buildings and obtained completion
and occupation certificates in respect of the buildings from the Nagpur
Municipal Corporation.
(6) The
Purchaser has paid all amounts payable to the Vendor In respect of the apartment and Vendor has handed over the possession
of the Apartment No …………on the …………floor of the building No. A to the Purchaser
on ....................
(7) The
Purchaser has satisfied himself about the title of the Vendor in respect of the
said land and M/s …………Solicitors and Advocates....................have
certified the title of the Vendor vide Title Certificate dated …………a copy of
which is annexed hereto at Annexure II.
(8) The
Purchaser declares that he has inspected the plans and specifications of the buildings and a copy of the floor plans of
the building filed under section 13(2) of the Maharashtra Apartment Ownership
Act, 1970 and a Certificate of Architect as required under section 7(1) of the
said Act have been annexed hereto and marked C and D respectively.
(9) The
Vendor has submitted the said buildings known as Apartment together with the
said land to the Maharashtra Apartment Ownership Act, 1970 vide the declaration
dated as required under section 11 of
the Maharashtra Apartment Ownership Act, 1970 and lodged the same for
registration under SI. No . …………dated of
Book No. 1 under the Indian Registration Act,1908 and true copy of the same has
been filed with the Registrar of Co-operative Societies being the competent
Authority under the Maharashtra Apartment Ownership Act, 1970 on …………
(10)
This Deed of Apartment is
being executed in terms of section 12 of the Maharashtra Apartment Ownership
Act, 1970.
NOW THIS INDENTURE
WITNESSETH THAT in pursuance of the said agreement and in consideration of Rs .
…………
(Rupees …………only) paid by
the Purchaser to the Vendor before the execution of these presents (the receipt
whereof theVendor hereby admits and acknowledges) the Vendor hereby grants,
Grant transfers, conveys and assures unto the Purchaser ALL THAT the undivided
1/80th shares or portion in the land bearing Plot No ………… Survey No . …………CST
No . situate, being and lying at…………Taluka…………District………… more particularly
described in the First Schedule hereunder written and the proprietory rights in
Apartment No . …………on…………floor and delineated on the plans thereof annexed
hereto at Annexure III and thereon shown surrounded by red coloured boundary
line, in the building No. A of the
Apartments, which said apartment is more particularly described in the
Second Schedule and hereinafter referred to as the said Apartment TOGETHER WITH
1/80th undivided interest appurtenant to the said Apartment in the common areas
and facilities of the said land.
AND TOGETHER with all the
courtyards, areas, compounds, sewers, drains, ditches, fences, trees, plants,
ways, paths, passages, common gullies, wells, waters, water courses, lights,
liberties, privileges, easements, profits, advantages, rights, members and appurtenances
thereto or at any time heretofore usually held, used, occupied or enjoyed or
reputed or known as part or members thereof AND ALSO ALL the estate right,
title, interest, benefit, claim and demand whatsoever both at law and in equity
of the Vendor into out of or upon the 1/80th undivided share in the said land
and in the said Apartment and the other premises hereby granted as aforesaid
are hereinafter referred to as "the said premises".
AND TO HAVE AND HOLD the
said premises hereby granted, conveyed, transferred and assured or intended so
to be with their and every of their rights, members and appurtenance unto and
to the use and benefit of the Purchaser for ever to be held as heritable and
transferable, subject to the provisions of the Maharashtra Apartment Ownership Act, 1970, the said Declaration
dated and the bye-laws of the condominium and rules and regulations and subject
to the payment of all rents, rates, assessments, dues and duties now chargeable
upon the same or which may hereafter become payable in respect thereof to the
Government of Maharashtra, Municipal Corporation of Nagpur, and any other
public or statutory authority ANDTHE VENDOR hereby for himself, his executor,
and administrators covenant with the
Purchaser that he has in himself good right, power and absolute authority to
grant, transfer, release and assure the 1/80th share in the said
land and the said Apartment No . …………in Building No. A unto and to the use of
the Purchaser free from all encumbrances AND that the Purchaser shall and may
at all times hereafter peaceably and quietly enter upon, hold, occupy, possess
and enjoy the said premises hereby granted, conveyed, transferred and assured
and enjoy exclusively the said premises hereby granted, transferred, conveyed and
assured so to be with the said appurtenances and receive the rents, income and
profits thereof and of every part thereof for his own use and benefit without
any suit, eviction, interruption, obstruction, claim and demand whatsoever from
or by the Vendor, his heirs, or any of them or any person or persons lawfully
or equitably claiming under or in trust for him or them or any of them AND the
said premises are free from encumbrances and the Vendor shall keep harmless and
indemnify the Purchaser of, from and against all former and other estates,
titles, charges and encumbrances whatsoever, made, executed, occasioned or
suffered by the Vendor or any other person or persons lawfully or equitably
claiming or to claim by, from, under or in trust for the Vendor AND FURTHER THE
Vendor, his heirs, executors and administrators shall and will from time to
time and all times hereafter at the request and costs of the Purchaser do and
execute or cause to be done and executed all such further and other lawful and
reasonable acts, deeds, things, matters conveyances and assurances in law
whatsoever for the better and more perfectly assuring the said apartment and
every part thereof unto the use of the Purchaser in the manner aforesaid as by
the Purchaser, his heirs, executors, assigns or his counsel shall be reasonably
required AND FURTHER the Vendor doth hereby covenant with the Purchaser that
unless prevented by fire or inevitable accident, the Vendor will upon every
reasonable request and at the costs of the Purchaser shall produce or cause to
be produced from time to time or at all times hereafter to the Purchaser or his
Advocate or at any trial, commission, examination or otherwise as occasion
shall require all or any documents mentioned in the Third Schedule hereunder written
for the purpose of showing his title to the said land described in the
First Schedule hereunder written and
will furnish to the Purchaser and every
such other party or parties as aforesaid such true copies or extracts of
and from the said documents or any of them as the Purchaser or such other party
or parties may require and will in the meantime keep the said documents safe,
uncancelled and undefaced AND IT IS HEREBY DECLARED AND AGREED that if the
Vendor delivers the documents of title hereinbefore covenant to be produced or
any of them to any person or persons lawfully entitled to the custody thereof,
the Vendor shall thereupon enter into with and to deliver to the person or
persons for the time being entitled to the benefit of the covenant for production
hereinbefore contained and furnishing copies of the said documents which shall
have been so delivered up, similar to the covenant hereinbefore contained and
thenceforth the covenant hereinbefore contained shall become void so far as
relates to the documents covenanted with the Vendor.
AND THE PURCHASER for
himself, his executor and administrators doth hereby covenant with the Vendor
and other co-owners of the other units in the said buildings that the Purchaser
shall abide by the bye-laws of the said condominium and shall pay his
proportionate share of expenses and shall use the said apartment for
residential purpose only and he the Purchaser shall not ask for a partition by
metes and bounds of the said land and shall not do any act which would jeopardise
the safety or soundness of the property or reduce the value thereof and shall
riot make any alteration, change or make addition in or to the apartment
without the previous consent of all other apartment owners in the said
condominium in writing.
IN WITNESS WHEREOF the
parties hereto have hereunto set and subscribed their respective hands on the
day and year hereinabove mentioned.
First Schedule above referred to
Second Schedule above referred to
Third Schedule above referred to
Annexure I
Annexure II
Annexure III
WITNESSES
1 Signed and delivered by the within named Vendor
2. Signed
and delivered by the within named Purchaser
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