THIS INDENTURE made at ___________________________
this ____________ day of ___________________ in the Christian Year Two Thousand
____ BETWEEN ABC, of _________, Indian Inhabitant, residing at
________________________________, hereinafter called “THE ASSIGNOR”
(which expression shall unless repugnant to the context or meaning thereof be
deemed to include his legal heirs, executors and administrators) of the ONE
PART; AND M/S. HAPPY HOME PROPERTIES PRIVATE LIMITED, a company registered
under the Companies Act, having its registered address at ________________ ,
hereinafter called “THE ASSIGNEES” (which expression shall unless
repugnant to the context or meaning thereof be deemed to include its’
successors and assigns) of the OTHER PART:
W H E R E A S:—
(a) The Assignor is the lessee in respect of the
Plot No. ________ of Dadar Matunga Estate of the Municipal Corporation of
Greater Mumbai admeasuring 600 sq.yds. equivalent to _____ square meters
(hereinafter referred to as “the said Plot”) and more particularly
described in the FIRST SCHEDULE hereunder written and is the absolute
Owner of the existing structures standing thereon. The said Plot and structures
standing thereon which are more particularly described in the First Schedule
hereunder written are collectively hereinafter referred as “the said
Property”.
(b) The title of the Assignor to the said plot and
the structures standing thereon arises as under:—
(i) By an Indenture of Lease dated 10th May 1970
made between the Municipal Corporation of City of Bombay of the One Part and
the Assignor herein, the Municipal Corporation demised the said plot unto the
Assignor herein for a term of 999 years from 1st May 1970 onwards at a yearly rent of Rs.
2000/- (Rupees two thousand only) with the right and authority to the Assignor
to construct residential structures thereon. The said Indenture of Lease dated
10th May 1970 is duly registered with the
Sub-Registrar of Assurances at Mumbai under Serial No.____________ on
___________________.
(ii) The Assignor has at his own cost in the year
1971 constructed a residential building on the said Plot and which is
consisting of building of ground plus three floors and is known as “PRIYA
VILLA”. The said building is fully occupied by ten tenants/occupants
yielding monthly gross rent of Rs. 8416.60 and is subjected to annual property
taxes including repair cess of Rs. 15,486. The list of tenants and the rent and
area occupied by each of them is more particulalry described in the SECOND
SCHEDULE hereunder written.
(C) The Assignor has agreed with the Assignees for
an absolute Assignment to them of the said plot together with the said building
“PRIYA VILLA” for the residue of the said term of 999 years free from all
encumberances subject to the possession of the said tenants/occupants at or for
the total price of Rs. 40,00,000 (Rupees Forty lacs only). The Assignor has
also obtained necessary permission from the said Municipal Corporation to that
effect.
NOW THIS
INDENTURE WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the said sum of
Rs. 40,00,000/- (Rupees Forty lacs only) paid by the Assignees to the Assignor
on or before execution hereof, being the full and final consideration payable
by the Assignees to the Assignor (the receipt whereof the Assignor doth hereby
admit and acknowledge and of and from the same and every part thereof doth
hereby forever release, acquit and discharge the Assignees) the Assignor doth
hereby assign and transfer unto the Assignees all his right, title and interest
including his leasehold right in the said Plot No. _________ of the Dadar
Matunga Estate of the Bombay Municipal Corporation containing by admeasurement
600 sq.yds or thereabout and more particularly described in the First
Schedule hereunder written together with the ownership of all the
structures/buildings standing thereon and known as “PRIYA VILLA”
together with all the rights, privileges, benefits directly and/or indirectly
attached to the said plot and structures standing thereon (referred to as “the
said Property”), however subject to rights of the existing
tenants/occupants and all the estate right, title and interest, easements,
appurtenances belonging to the Assignor together with all the benefits of the
earlier Indenture of Lease dated 10th May 1970
in respect of the said plot and also together with all and singular the houses,
outhouses, edifices, buildings, courtyard, ways, compounds, passages, water
courses, sewers, ditches, drains, plants, lights, liberties, easements,
profits, privileges, advantages, rights and appurtenances whatsoever to the
said property belonging to or in anywise appurtaining to or with the same or any
part thereof now or at any time heretofore, usually held, used, occupied or
enjoyed or reputed or known as part of member thereof and also together with
all the deeds, documents, writings, vouchers and other evidence of title,
relating to the said property or any part thereof and all the estate, rights,
title, interest, use, inheritance, property possession, benefits, claim and
demand whatsoever both at law and equity of the Assignor in to out of or upon
the said property TO HAVE AND TO HOLD the said property hereby granted,
conveyed, released, assigned or assured or intended so to be with their and
every of their right members and appurtenances unto and to the use and benefit
of the Assignee in residue of the period of 999 years subject to payment of all
rents, taxes, assessments, rates, dues and duties now chargeable upon the same
or which may hereafter become payable in respect thereof to the Municipal
Corporation or to the Government of Maharashtra and subject to the terms of
earlier lease document and payment of rents AND that notwithstanding any such
thing as aforesaid all the rents reserved and the covenants by the Assignor and
the conditions contained in the earlier Indenture of Lease have been paid
observed and performed upto the date of these presents AND that notwithstanding
any such thing as aforesaid HE the Assignor now has in himself good right and
absolute power to assign the said property unto the Assignees for the term and
in manner aforesaid AND it shall be lawful for the Assignees from time to time
and at all times hereafter during the said term peaceably and quietly to hold
possess and enjoy the said property hereby assigned or expressed so to be with
their appurtenances and receive the rents and profits thereof for its’ own use
and benefit without any eviction interruption claim or demand whatsoever from
or by the Assignor or from or by any other person or persons lawfully or
equitably claiming by from under or in trust for him AND that free and clear
and freely clearly and absolutely acquitted exonerated released and forever
discharged or otherwise by the Assignor well and sufficiently saved defended
kept harmless and indemnified of from and against all estates charges and encumbrances
whatever made executed occasioned or suffered by the Assignor or by any other
person or persons having or lawfully or equitably claiming by from under or in
trust for him AND further that the Assignor and all persons having or lawfully
or equitably claiming by from under or in trust for him shall and will from time
to time and at all times hereafter during the said term at the request and
costs of the Assignees do and execute or cause to be done and executed all such
further and other lawful and reasonable acts, deeds, things, matters and
assurances in the law whatsoever for further and more perfectly and absolutely
assuring the said premises hereby assigned or expressed so to be and every part
thereof unto and to the use of the Assignees for the residue of the said term
and in manner aforesaid as shall or may be reasonably required AND the Assignor
do hereby covenant with the Assignees that he the Assignor has not done omitted
knowingly or willingly suffered or been party or privy to any act deed or thing
whereby he is prevented from assigning the said premises in manner aforesaid or
whereby the same or any part thereof are is can or may be charged encumbered or
prejudicially affected in estate title or otherwise howsoever AND the Assignees
do hereby covenant with the Assignor that the Assignees will henceforth during
the said term pay the rents reserved by and perform all the covenants by the
Assignees and conditions contained in the said Indenture of Lease dated 10th May 1970 and keep indemnified the Assignor and
his estate and effects from and against the payment of the said rent and the
observance and performance of the said covenant and all actions proceedings
costs damages claims demands and liability whatsoever for or on account of the
same or in anywise relating thereto AND it is hereby further recorded that the
Assignor has represented to the Assignees that his title to the said property
is free from all encumbrances and claims of whatsoever nature save and except
the existing tenants/occupants and in the event it is found that Assignor’s
title to the said property is defective or any claim is made on the said
property or the Assignees have suffered any loss or damages by the statements,
declarations, representations and assurances made by the Assignor or any claim
whether directly or indirectly is made on the said property, in that case
Assignor agrees to indemnify and hereby indemnifies the Assignees and/or it’s
nominees/successors in title against all loss, damages, cost and expenses which
may be suffered by them AND that the stamp duty and registration charges in
respect hereof shall be borne and paid by the Assignee AND the Assignor doth
hereby confirm and record that on execution hereof he has put the Assignees in
lawful possession of the said property subject to existing occupants/tenants
and has also addressed a letter of attornment to the tenants/occupants
attorning the tenancy/occupancy rights in favour of the Assignees.
IN WITNESS
WHEREOF the parties hereto have hereunto set and subscribed their respective
hands and seal the day and year first hereinabove written.
FIRST
SCHEDULE ABOVE REFERRED TO:
(Give detailed description of the plot and structures
thereon)
SECOND
SCHEDULE ABOVE REFERRED TO:
List of tenants/occupants in the building “PRIYA
VILLA” existing on the plot described in the First Schedule above referred to.
Sr. Name
of the Floor Flat Carpet
Monthly
No. Tenant/Occupant No. area rent
(Rs. Ps.)
(Give details of all the tenants/occupants)
SIGNED AND DELIVERED by
the )
Within named ABC, the
Assignor, )
Above named, in the
presence of ...... )
1.
2.
THE COMMON SEAL of the
within named )
Assignees M/S. HAPPY
HOME )
PROPERTIES PRIVATE
LIMITED was )
hereunto affixed
pursuant to the Resolution )
of their Board of
Directors )
passed in that behalf,
on the )
______ day of _________
200__ in the )
presence of (1)
_____________________, )
Managing Director and
(2)____________ )
Director and in the
presence of )
Witnesses:
1.
2.
[CD1]Assignment of
Lease
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