Transfer of a Flat on Ownership Basis by the
Vendor to the Existing Tenant [CD1]
DEED OF TRANSFER
THIS DEED OF
TRANSFER made at __________ on this _____ day of
___________ in the Christian Year, Two Thousand _______ BETWEEN ABC of
__________, Indian Inhabitant, having address at ___________________________ ,
hereinafter called “THE VENDOR” (which expression shall unless it be repugnant
to the context or meaning thereof be deemed to mean and include his heirs,
executors and administrators) of the ONE PART;
AND XYZ of ________,
Indian Inhabitant, having address at
___________________________________ _________, hereinafter called
“THE TENANT PURCHASER” (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include his heirs, executors,
administrators and assigns) of the OTHER PART;
WHEREAS:—
(a)
The Vendor is the absolute
owner of a plot of land situate at _________________________________ together
with the building standing thereon and known as “_____________” and more
particularly described in the First
Schedule hereunder written and hereafter referred to as “the said larger property”.
(b)
The said building
“______________” is consisting of Ground plus
_____ upper floors which is fully occupied by various tenants/occupants.
The said building is constructed prior to the year _______.
(c)
The Flat No.________
(admeasuring 600 sq. ft of carpet area) on the second floor of the said
building “______________” is occupied by the Tenant Purchaser as the tenant of
the Vendor for last several years yielding monthly rent of Rs. _____/-. The
said tenancy is valid and subsisting. The plan of the said Flat No.________ on
the Second Floor of the said building “_____________” is annexed hereto and is
hereinafter referred to as “the said
flat”. The said flat is more particularly described in the Second Schedule hereunder written. In
view of the tenancy and possession of the Tenant Purchaser to the said flat,
the Vendor is unable to sell the same to a third party at the prevailing market
price.
(d)
The Vendor has agreed to sell,
convey and transfer to the Tenant Purchaser and the Tenant Purchaser has agreed
to purchase and acquire the said flat from the Vendor at or for the total lump
sum price of Rs.__________/- (Rupees _________________________ only), free from
any encumbrances and reasonable doubts whatsoever.
NOW THIS
INDENTURE WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the sum of Rs__________/- (Rupees _________________________
only) (i.e. equivalent to _________
months net rent) paid by the Tenant Purchaser to the Vendor on or before
execution of these presents being the full consideration money agreed to be
paid as aforesaid (the receipt whereof the Vendor doth hereby admit and
acknowledge and of and from the same and every part thereof doth for ever acquit
release and discharge the purchaser) HE the Vendor doth hereby grant, sell,
convey, transfers and assure unto the Tenant Purchaser free from all
encumbrances and reasonable doubts the said flat as more particularly described
in the Second Schedule hereunder written AND ALL THE ESTATE right, title,
interest, claim and demand whatsoever at law and in equity of the Vendor in to
out of or upon the said flat or any part thereof TO HAVE AND TO HOLD all and
singular the said flat hereby granted conveyed, sold transferred and assured or
intended or expressed so to be with their and every of their rights members and
appurtenances UNTO AND TO THE USE and benefit of the Tenant Purchaser, his
heirs, executors and administrators for ever SUBJECT TO the payment of his proportionate
share of future rates, assessments taxes and dues now chargeable upon the same
or hereafter to become payable to the Government or to the Mumbai Municipal
Corporation or any other public body or local authority in respect thereof AND
the Vendor Doth hereby for himself and his heirs, executors and administrations
covenant with the Tenant Purchaser THAT notwithstanding any act, deed, matter
or thing whatsoever by the Vendor or any person or persons lawfully or
equitably claiming by from through under or in trust for him made done
committed omitted or knowingly or willingly suffered to the contrary HE the
Vendor now has in himself good right full power and absolute authority to grant
convey transfer and assure the said flat hereby granted conveyed transferred
and assured or intended so to be unto and to the use of the Tenant Purchaser in
manner aforesaid AND THAT it shall be lawful for the Tenant Purchaser from time
to time and at all times hereafter peaceably and quietly to hold enter upon
occupy possess and enjoy the said premises (subject to the rights of the said
tenant as aforesaid) with their appurtenances and receive the rents issues and
profit thereof and of every part thereof to and for his own use and benefit
without any suit or lawful eviction, interruption, claim and demand whatsoever
from or by the Vendor or his heirs, executors, administrators and assigns any
of them from or by any person lawfully or equitably claiming or to claim by
from under or in trust for him AND THAT free and clear and freely and clearly
and absolutely acquitted exonerated released and for ever discharged or
otherwise by the Vendor well and sufficiently saved defended kept harmless and
indemnified of from and against all former and other estates title charges and encumbrances
whatsoever made executed occasioned or suffered by the Vendor or by any other
person or persons lawfully or equitably claiming or to claim by from or in
trust for them AND FURTHER that he the Vendor and all persons having or
lawfully or equitably claiming any estate, right, title or interest at law or
in equity in the said flat hereby granted conveyed transferred and assured or
any part thereof by from under or in trust for him the Vendor or his heirs or
any of them shall and will from time to time and at all times hereafter at the
request and cost of the Tenant Purchaser do and execute or cause to be done and
executed all such further and other lawful and reasonable acts, deeds, matters
and things conveyances and assurances in law whatsoever for the better further
and more perfectly and absolutely granting unto and to the use of the purchaser
in manner aforesaid as shall or may be reasonably required by the Tenant
Purchaser his heirs, executors, administrators or assigns for assuring the said
flat and every part thereof hereby granted conveyed transferred and assured
unto and to the use of the Tenant Purchaser in manner aforesaid. AND HE the
Vendor doth hereby confirm and record that the Tenant Purchaser shall be now in
possession of the said flat as owner thereof.
AND IT IS HEREBY FURTHER AGREED AND COVENANTED
BY AND BETWEEN THE
PARTIES that:—
(i)
The Tenant Purchaser shall use
the said flat for the purpose of residence only.
(ii)
The Tenant Purchaser along with
other purchasers (who may enter into similar arrangements with the Vendor) of
flats in the building shall join in forming and registering an Association of
Apartment Owners or a society or a limited company as may be decided by the
Vendor which will be formed only after all the flats in the said building are
sold and not otherwise.
(iii)
The Tenant Purchaser shall be
liable to bear and pay the proportionate share of all outgoings in respect of
the said flat.
(iv)
The Tenant Purchaser shall have
no claim save and except in respect of the said particular flat. The remaining
portion of the Property i.e. other
flats, shops, common areas, etc. shall be the property of the Vendor until the
whole of the said larger Property with building existing thereon is transferred
to the Condominium/Cooperative society/limited company as mentioned herein.
THE FIRST SCHEDULE
HEREINABOVE REFERRED TO:
(Give description of the whole building together with the land)
THE SECOND SCHEDULE
HEREINABOVE REFERRED TO:
(Give description of the subject flat)
IN WITNESS
WHEREOF the parties have hereunto set and subscribed their respective hands to
this writing the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED ) by
the withinnamed “ABC”, The Vendor ) abovenamed in the presence of .... )
SIGNED SEALED AND DELIVERED ) by
the withinnamed “XYZ”, The ) Tenant Purchaser abovenamed, ) in the presence of .... )
RECEIVED the day and year first )
hereinabove written of and from the ) withinnamed Tenant Purchaser the sum
of )
Rs._______/-
(Rupees ____________________only) )
|
by Cheque
No. _______ dated |
) |
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drawn
on |
) |
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being the
amount of full and final |
) |
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consideration. |
) |
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WITNESS: |
I SAY
RECEIVED. |
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1. |
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2.
(VENDOR)
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