DEED
OF INDEMNITY BY THE SELLER OF A FLAT TO THE PURCHASER ABOUT THE DOUBT ABOUT THE
DEFENCE IN TITLE
THIS
DEED of indemnity is made at………………… on
this………………… day of…………… between Shri A, son of B, resident of…………………
hereinafter called "the Seller" (which expression shall, unless it be
repugnant to the context or the meaning thereof mean and include his heirs,
executors, administrators and assigns) of the ONE PART and Shri C, son of D,
resident of …………………hereinafter called "the Purchaser" (which
expression, unless it be repugnant to the context or the meaning thereof mean
and include his heirs, executors, administrators and assigns) of the OTHER PART
WHEREAS
(1)The Seller has entered
into an agreement with the Purchaser for selling house No………………
constructed on the Plot
No………………… Survey No………………… situated at
Village……………… Taluka …………………District………………… in the Registration District
and Sub-District of .....................
(2) The Seller has
represented that his title to the said house is clear, marketable and free from
encumbrances, but the owner has misplaced the sale deed dated………………… executed
by Shri …………………in favour of the Seller and other title documents to the said
house.
(3)The Seller has
represented that he has not created any charge, mortgage or encumbrance over
the said house and has requested the Purchaser to purchase the said house
without insisting upon the title deeds of the said house upon the seller giving
an indemnity indemnifying the purchaser from any demand, claim, action or
rights from any person claiming to be entitled to any right, title or interest
in the said house and/or in the event of anybody claiming any charge, lien,
mortgage or encumbrance on the basis of deposit of title deeds.
(4)The Purchaser has agreed
to purchase the said house without insisting on the title deeds of the said
house, upon the said seller agreeing to indemnify the Purchaser in the manner
hereinafter referred to.
NOW
THIS DEED WITNESSETH AS FOLLOWS
(1)That in pursuance of the
said agreement and in consideration of the Purchaser not insisting for the
title deeds and other documents in respect of the said house, the Seller hereby
covenants with the Purchaser that the Seller will at all times hereafter
indemnify and keep indemnified the Purchaser against all claims, demands,
actions, proceedings, losses, damages, costs, charges and expenses which may be
brought or commenced against the Purchaser or which the Purchaser may or may
have to incur or may have to suffer as a result direct or indirect, for
nonproduction by the Seller of the title deeds in respect of the house.
(2) The terms
"Seller" and "Purchaser" include their and each of their
respective heirs, successors, executors, administrators and assigns.
IN
WITNESS WHEREOF, the parties hereto have signed these
presents on the day and year hereinabove written.
WITNESSES
1.Signed and delivered by A,
the within named Seller
2..Signed and delivered by
C, the within named Purchaser
[CD1]DEED OF INDEMNITY BY THE SELLER OF A FLAT TO THE PURCHASER ABOUT THE
DOUBT ABOUT THE DEFENCE IN TITLE
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