THIS DEED OF CHARGE is made at Mumbai
this……..day of……………..2010 between Mr. Y of…………., hereinafter referred to as the
first party and Smt. AB residing at………… hereinafter referred to as the second
party.
WHEREAS the first party is the husband of
the second party and that both of them are living separate.
And whereas the first party as husband is
liable to pay and has agreed to pay the second party by way of maintenance a
sum of Rs. 1500 per month in advance on or before the 5th day of each month
hereafter.
AND WHEREAS the parties have agreed that
such payment of monthly maintenance would be a charge on the immovable property
being a two-storeyed building at…….
Mumbai belonging to the
first party.
NOW THIS DEED WITNESSTH
and it is agreed by and between the parties as follows:
1.
The first party would pay to
the second party month by month and every month the sum of Rs……..1500 by the
5th of each month in advance for the upkeep and maintenance of the second
party.
2.
That such payment of the
maintenance shall be a charge on the said property of the first party being
premises No…………of……..and the first party hereby charges the said land and
premises being No……of…….with the payment of the said sum of Rs. 1500 per month
by way of maintenance to the second party.
3.
It is further agreed that in
the event the first party fails to pay any two monthly instalments of the said
maintenance to the second party then in that event the second party will be
entitled to enforce the charge hereby created on the premises by bringing the
said land and premises to sale through any competent Court of Law and to
realise and receive the amount due out of the net sale proceeds thereof.
4.
Such charge is created without
prejudice to other rights and remedies of the second party to realise and
enforce payment of the said maintenance allowance in accordance with law.
IN WITNESS WHEREOF the parties hereto have
executed these presents on the day, month and year first above-written.
Signed and delivered by Mr. Y the
within-named first party in the presence of:
Signature
Accepted by and signed by the
within-mentioned second party Mrs. AB in the presence of:
Signature
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