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Leave and License Agreement: Now This Agreement Is Witnesseth and Is Hereby Agreed by and Between The Parties As Under
Leave and License Agreement: Now This Agreement Is Witnesseth and Is Hereby Agreed by and Between The Parties As Under
This Agreement is made on this the ______ day of ______ 2005 at Hyderabad
by and between Mr. ______, S/o ______ aged about ______ years R/o ______,
(hereinafter referred to as “X”, which expression shall, unless it be repugnant to the
subject or context thereof, include his/her successors, legal heirs, executors and
assignees) of the First Part
AND
Mr. ______, S/o ______ aged about ______ years R/o ______, (hereinafter
referred to as “Y”, which expression shall, unless it be repugnant to the subject or
context thereof, include his/her successors, legal heirs, executors and assignees)
of the Second Part
1. X has agreed to rent on leave and license basis the aforesaid premises to Y
and Y has agreed to take the aforesaid premises on leave and license basis
in accordance with the terms and conditions of this agreement.
2. Y has agreed that he shall use the aforesaid premises for his
business/residential/industrial/commercial purpose only and pay to X a sum
of Rs. ______ per month (Rupees ______ only per month).
3. The term of this leave and license agreement shall be for a period of 11
months from the date of this agreement. This agreement shall, be
terminated on the expiry of the aforesaid period and Y shall have to vacate
the aforesaid premises immediately on expiry of the aforesaid period duly
handing over the premises to X. However, this leave and license agreement
may be extended beyond the aforesaid period by mutual agreement
between the parties to this agreement for a period not exceeding 11 months
at a time.
4. X has agreed that he shall bear and continue to bear all liabilities,
obligations, costs and responsibilities which he bears as an owner of the
aforesaid premises.
5. Notwithstanding anything contained in clause 3 above, Y has agreed that he
shall vacate the aforesaid premises within one month from date of notice
from X requiring the aforesaid premises for any reason whatsoever and
without assigning any reasons thereto.
6. Y has agreed that he shall have no rights or interests over and above the
rights and interests of X in the aforesaid property and that his rights as a
user of premises shall, without any further act being done by any person
terminate and cease absolutely on cancellation of this agreement.
7. Y has agreed to remove himself along with his total connections with the
aforesaid premises and to surrender and relinquish his rights under this
agreement on and after the cancellation of this agreement.
8. X shall be entitled to deal with the aforesaid premises as owner in any
manner as he deems fit on Y surrendering his aforesaid rights in accordance
with the terms and conditions of this agreement.
9. Y shall not sub-let the aforesaid premises to any person except with the
express permission in writing from X allowing him to do so.
10. Y shall use the aforesaid premises only for his business/residential/
industrial/commercial purposes and not for any other use or any illegal,
immoral or indecent activity.
11. Y shall not do any act or omission which leads to or is likely to lead to any
damage or deterioration or destruction of the aforesaid premises.
12. Y shall not carry out any major repairs or structural changes without the
express permission of X in writing, to do so.
13. Notwithstanding anything contained in the aforesaid clauses, this agreement
shall terminate automatically, if any of the aforesaid terms and conditions
are contravened or violated by Y.
14. If Y commits any breach of the terms of the agreement, X shall be entitled to
be compensated by him at his own cost and moreover he will be at liberty to
terminate the agreement without any notice.
15. This agreement constitutes the entire agreement between the parties and
supersedes any oral or written agreement made earlier to the date of this
agreement. Any variations/modifications to this agreement shall not have
any effect unless the same is in writing and executed by both the parties.
16. If any dispute or differences arise between the parties hereto regarding the
claim by one party against the other or regarding the implementation of this
agreement or interpretation or meaning of any of the clauses herein, the
Courts in Hyderabad shall have the exclusive jurisdiction over the dispute.
IN WITNESS WHEREOF, the parties hereto have under set and subscribed their
hands this the ______ day, of ______ 2005.
Signed and delivered the possession
Mr. X in the presence of
Witness:
Took the possession of the property by
Mr. Y in the presence of
Witness:
1.
2.
And
Mr. ______, S/o ______ aged about ______ years R/o ______, (hereinafter
referred to the “Seller” which expression shall, unless the context otherwise
requires, include his/her successors, legal heirs, executors, administrators and
assignees) of the Second Part.
WHEREAS the Seller had entered into an agreement dated ______ for acquiring
ownership rights and possession in flat no. ______ on the ground floor in the
building known as ‘______’ at ______ with Mr. ______ referred to as the
“Transferor” in the said agreement.
WHEREAS the said Mr. ______ had entered into an agreement dated
______ for acquiring the ownership rights and possession in flat no. ______ on
the ground floor in the building known as ‘______’ at ______ with Mr. ______
referred to as the “Builders” in the said agreement and Mr. ______ referred to
as the “Confirming Party” in the said agreement.
WHEREAS the Seller has agreed to sell the said shares and the entire
interest in the said flat to the Purchaser and the Purchaser has agreed to
purchase the said shares and the shares, rights, title, and interests of the Seller
in the said flat and the rights of the Seller in the amount standing to the credit of
the Seller in the Books of Accounts of the said Society for a total consideration
of Rs. ______ (Rupees ______ only).
WHEREAS both the parties to this agreement are desirous of reducing the
terms and conditions of this agreement in writing as follows:
1. The Seller has agreed to sell to the Purchaser and the Purchaser has
agreed to purchase from the Seller the said Flat ______ and the
underlying shares in the said Society for a total consideration of Rs.
______ (Rupees ______ Only).
2. The Purchaser has agreed to pay in all a sum of Rs. ______ (Rupees
______ Only) to the Seller towards the aforesaid consideration on the
execution of this agreement.
3. The Seller has agreed to hand over possession of the said Flat to the
Purchaser on the execution of this agreement.
4. The said Flat and the said shares are being sold by the Seller to the
Purchaser along with all the privileges as part and parcel of sale of the
said premises including all the rights, title, interest and benefit of every
nature and kind in respect of the said Flat, shares and membership of the
said Society that accrued to and vested absolutely in the transferor in
pursuance of the agreement dated ______ mentioned earlier in this
agreement.
5. The Seller hereby declares that the said Flat and the said shares agreed
to be sold are free from encumbrances of whatsoever nature and that the
Seller has full right, absolute authority and power to sell the said Flat
situated at ______, as also the said shares.
6. The Seller shall pay all the taxes and other payments including all dues
payable to the aforesaid society in respect of the said Flat till the date of
this agreement and after the date of this agreement, the Purchaser shall
be responsible for making such payments.
7. The Seller shall get the said premises and all the shares standing in his
name transferred to the name of the Purchaser and will execute and
deliver to the Purchaser all the documents that may be necessary for the
completion of this sale. The transfer fees and/or any other charges
payable to the society or such transfer shall be borne and paid by the
Purchaser.
8. The Seller hereby declares that the Purchaser shall on and from the date
of this agreement peacefully possess, occupy and enjoy the said Flat
without any hindrance, claim, demand, interruption or eviction of the
Seller or any other person or persons lawfully or equitably claiming
through, under or in trust for the Seller.
9. The Purchaser shall on and from the date of this agreement be entitled:
a) To have and hold the possession and occupation of the said Flat and
to hold the same and to the use and benefit of the Purchaser and his
successors
b) To assign in any manner, whether conditionally or without any claim,
charge, right, interest, demand or lien of the Seller.
10. The Seller declares that:
a) The Title of the Seller to the said Flat is unconditional and absolute
and that he is entitled and competent to transfer or dispose of the said
Flat and the said shares to the Purchaser.
b) The Seller is the lawful owner of the shares in the aforesaid society
bearing distinctive numbers ______ to ______ (both Inclusive)
represented by Share Certificate Number ______ issued to the Seller
by the Society.
c) The Seller is in exclusive possession of the said Flat and no other
person has any right to possession of the said premises or any right
to the said possession thereof.
d) The said Flat was acquired by the Seller from and out of his funds to
which he was legally entitled and in the circumstances he is the sole
and absolute owner thereof.
e) The said Flat is free from all encumbrances, lien, charge or mortgage
and in any case the Seller has not created any encumbrance on the
said Flat and there is no statutory, commercial or personal liability to
any private, public or revenue authority for payment on the said Flat.
f) To the best of the knowledge and information with the Seller, there is
no litigation or other proceedings pending in respect of the said Flat
and there is no attachment levied in respect of the said Flat nor has
any competent authority issued any order prohibiting the sale, transfer
or assignment of the said Flat, or the benefits of the agreement for
acquiring the same
g) The Seller has not committed any breach nor has he been guilty of
any breach or non-compliance with any of the terms and conditions of
the agreement dated ______ as mentioned earlier in this agreement
and that the said agreement is valid and subsisting at law till the date
of execution of these presents.
h) There is no other factor or circumstances within his knowledge
preventing or any manner obstructing the aforesaid transfer of the
said Flat and the said shares.
11. The Seller is aware that the Purchaser has agreed to acquire the said
Flat and pay the consideration of the same relying on the correctness of
the representations made by the Seller and the Seller repeats and
confirms that the said representation and statements made hereinabove
are true and correct. In the event of Purchase if the purchaser suffers
from any prejudice or loss whatsoever on account of the negligence or
misrepresentation by the Seller or by any other person on his behalf, the
Seller shall indemnify and keep indemnified the Purchaser in respect of
all such expenses, costs, liabilities or obligations as the Purchaser may
incur on such account. The Seller has agreed to indemnify the Purchaser
for any costs, expenses or other liability which the Purchaser or any
person claiming under the Purchaser may incur for discharge of any
charge, encumbrance or other liability in respect of the said Flat.
12. The Seller further agrees that the Seller and/or any other person claiming
through him shall from the date of this agreement, at all times thereafter,
whenever called upon by the Purchaser, to do and execute or cause to
do done and executed all such acts, deeds and things whatsoever for
more perfectly securing the interest of the Purchaser in the said Flat. The
purchaser has agreed to bear reasonable costs incurred by the Seller in
this behalf.
13. The Seller acknowledges the receipt of the aforesaid amount as full and
total consideration for the sale amounting to Rs. ______ (Rupees ______
Only) and the Purchaser acknowledges obtaining absolute possession of
the aforesaid Flat.
14. The Seller has agreed to hand over to the Purchaser the necessary
transfer forms and other papers relating to the aforesaid transfer
including the agreements dated ______ and ______ mentioned earlier in
this agreement in respect of the said Flat.
15. The Purchaser hereto undertakes to abide with and follow the rules and
regulations of the said Society as governed by its bye-laws.
16. This agreement constitutes the entire agreement between the parties and
supersedes any oral or written agreement made earlier to the date of this
agreement. Any variations/modifications to this agreement shall not have
any effect unless the same is in writing and executed by both the parties.
17. In the event of any difference of opinion or dispute between the Parties
on any matter pertaining to this agreement and the aforesaid transfer, it
shall be referred to arbitration by an arbitrator mutually agreed upon.
Such arbitration shall be governed in accordance with the provisions of
the Arbitration and Conciliation Act, 1996 for the time being in force.
IN WITNESS WHEREOF the parties hereto have set their signatures and
executed this agreement on this the ______ day of ______ 2005 at Hyderabad.
Executed by the said Mr. ______
Witness:
1.
2.
This Agreement is made on this the ______ day of ______ 2005 at Hyderabad
by and between M/s ______, having its registered office at ______, carrying on
the business of establishing “Business Center” at ______, represented by its
______, Mr. ______, S/o Mr. ______, aged about ______ years hereinafter
referred to as “The Licensor” (which expression shall, unless it is repugnant to
the context, mean and include the successors-in-interest, administrators and
permitted assigns) of the One Part
AND
M/s. ______ having its registered office at ______, represented by its General
Manager Mr. ______, S/o Mr. ______, aged about ______ years herein after
referred to as “The Licensee”, (which expression shall, unless it is repugnant to
the context, mean and include the successors-in-interest, administrators and
permitted assigns.) of the Other Part.
WHEREAS the Licensor has represented that it has ______ sq. feet of vacant
premises, in the business Centre with infrastructure to render ______ office
facilities to cater the needs of persons who are in need of office space.
The Licensee has approached the Licensor to occupy the said premises and
facilities and the Licensor has agreed to grant the same on mutually agreed
terms and conditions mentioned hereunder:
Whereas the Vendor is the sole and absolute owner of flat No. ______, and
measuring about ______ square feet of super built-up area on ______ floor of
building known as ‘______’ (hereinafter referred to as “the said Building”)
belonging to ______ Co-operative Housing Society Limited situated at ______
(hereinafter referred to as “the said Flat”) and which is more particularly
described in the schedule of this agreement and the vendor is the member of
______ Co-operative Housing Society Limited, registered under Serial No.
______ of ______ (hereinafter referred to as “the said Society”) and as a
member and the owner of the said flat in the Society he was allotted five fully-
paid-up shares of the said Society of the face value of Rs. ______ (Rupees
______ only) each bearing distinctive Nos. ______ to ______ (both inclusive)
under share certificate No. ______ (hereinafter referred to as “the said
Shares”);
And Whereas the Vendor has absolutely seized, possessed and sufficiently
entitled as the owner of the said Flat in the said Building of the said Society;
And Whereas the Vendor has agreed to sell and transfer and the Purchaser
has agreed to purchase all right, title and interest of the Vendor in the said Flat
and the said Shares and the right of occupation of the said Flat in the said
building of the said Society including his right, title and interest in the said Flat
for a total sale consideration of Rs. ______ (Rupees ______ only);
And Whereas the Parties hereto have agreed to record the Terms and
Conditions on which the Vendor has agreed to sell and the Purchaser has
agreed to purchase and acquire the right, title and interest of the Vendor in the
said Flat including the said shares of the Vendor in the said Society;
1. The Vendor hereby agree to transfer to the Purchaser and the Purchaser
hereby agree to purchase and acquire all the rights, title and interest of
the Vendor in the said Society including the said Flat measuring about
______ Square Feet of super built up area on the ______ floor of the
building known as ______ belonging to the ______ Co-operative
Housing Society Limited situated at ______, together with the said
Shares bearing distinctive Nos. ______ to ______ (both inclusive)
allotted under share certificate No. ______ and all the rights of the
Vendor as to the use, occupation and enjoyment and ownership of the
said Flat together with all rights, title and interest of the Vendor in the said
Society for a total consideration of Rs. ______ (Rupees ______ only) to
be paid by the Purchaser to the Vendor in the manner hereinafter
mentioned.
2. The said consideration to be paid by the Purchaser to the Vendor is as
under:
a) Rs. ______ (Rupees ______ only) paid on the execution of this
agreement as Earnest Money or Deposit (the receipt whereof the
Vendor hereby admit and acknowledge in the presence of witnesses);
b) The Balance consideration of Rs. ______ (Rupees ______ only) will
be paid on or before ______ and against the delivery of vacant and
peaceful possession of the said Flat by the Vendor to the Purchaser
and on the completion of all the formalities of transfer and registration
of the said flat and the said shares;
3. The Vendor has represented to the Purchaser:
a) that the Vendor has paid all the dues and outgoings in respect of the
said Flat up-to-date.
b) that the said Flat is free from any kind of encumbrances.
c) that the said Flat and shares belong to the Vendor absolutely and that
no other person/s have any right, title or interest whatsoever therein
by way of gift exchange, mortgages, charges, lien, sale, inheritance,
lease or otherwise in the said shares/said flat.
d) that notwithstanding anything herein contained, any act, deed, matter
or thing of whatsoever nature done by the Vendor or any person/s
lawfully or equitably claiming by, through or in trust the Vendor has
full right, power and absolute authority to sell or transfer to the
Purchaser the said Flat and the Vendor has full right, title and interest
in the said shares and that the Vendor has not done any act of
omission or commission whereby the ownership, possession and/or
occupation of the said shares of the Vendor may be rendered illegal
and/or unauthorized for any reason or on any account.
e) that the Vendor shall obtain the necessary ‘No Objection Certificate’
from the said Society for transfer, and sale of the interest of the
Vendor in the said Society, as well as the right, title and interest of the
Vendor in the said Flat to the Purchaser and also to the admission of
the Purchaser to the membership of the said Society in place of the
Vendor when the sale herein is completed by delivering the vacant
and peaceful possession of the said flat to the Purchaser.
f) on the payment of the full purchase price herein reserved, the
Purchaser shall be entitled to full free vacant and peaceful possession
of the said Flat.
g) The Vendor has represented to the Purchaser that the total transfer
fee/transfer premium/ donation payable to the said Society for transfer
of the said flat/ said shares of the said society in the name of the
Purchaser shall be borne and paid by both the parties hereto in equal
proportion/ [by the Purchaser].
4. The Vendor declares and covenants with the Purchaser that the said Flat
and his shares are free from encumbrances of any nature whatsoever
and that the Vendor has full right, title and interest in the said Flat and
has full right and authority to assign and transfer his entire interest in the
said Society including the said Flat and the said Shares to the Purchaser.
5. The Vendor covenants and assures the Purchaser that his Membership
of the said Society is subsisting and is in full force and has not been
terminated.
6. The Purchaser covenants, with the Vendor that he shall always abide by
the Rules, Regulations and By-laws of the said Society and shall pay the
municipal taxes and maintenance charges in respect of the said Flat from
the day the Vendor delivers possession of the said Flat to the Purchaser.
It is specifically agreed by and between the parties that till the said Flat is
transferred in the name of the Purchaser, the Purchaser shall not be
liable to pay any maintenance charges in respect of the said Flat to the
said Society and the same shall be borne by the Vendor.
7. It is agreed between the Vendor and the Purchaser that the expenses for
stamp duty on these present or on final sale deed/transfer deed and
registration charges in respect of this transfer shall be borne and paid by
the Purchaser alone and the Vendor shall not be liable to pay the same
or any part thereof. However, the stamp duty or duties and charges in
respect of all previous transfers in respect of the said flat shall be the
responsibility of the Vendor.
8. The Vendor shall sign and execute any deed or writing as well as all
other papers and documents as may be required by the Purchaser for
transferring the said Flat and the said shares to the name of the
Purchaser in pursuance of this Agreement and payment of the balance
sale consideration.
9. The Vendor undertakes to hand over all the documents including share
certificate, transfer forms, receipts, papers concerning the said Flat to the
Purchaser against the receipt of the balance consideration of Rs. ______
(Rupees ______ only).
10. The Vendor undertakes to do and to execute all acts, deeds, matters and
things as are or may be necessary, proper or expedient for the purpose
of fully and effectually transferring the said Flat and the said Shares of
the said Society to and in favour of the Purchaser in the record of the
said Society to enable the Purchaser to have and to hold the said Flat
and the said Shares absolutely.
11. It is agreed that in the event of any delay or default by the Purchaser in
making payment of the balance consideration on the due date, and the
Vendor is ready to complete the transaction, the Vendor shall give seven
days notice in writing to the Purchaser and if the Purchaser fails to make
payment within such notice period, then and in that event this Agreement
shall stand terminated and the Vendor shall be entitled to forfeit the
earnest money of Rs. ______ Rupees ______ only) paid by the
Purchaser;
12. In the event there is any delay or default on the part of the Vendor in
performing his part of the contract then the Purchaser shall be entitled to
specific performance of this Agreement together with right to claim all
costs, charges, expenses and losses suffered by the Purchaser from the
Vendor.
13. In the event of there being any dispute the said dispute shall be referred
to Arbitration of sole Arbitrator (two arbitrator one appointed by each
party) and the said arbitration shall be as per the Provision of Arbitration
and Conciliation Act 1996.
14. This agreement constitutes the entire agreement between the parties and
supersedes any oral or written agreement made earlier to the date of this
agreement. Any variations/ modifications to this agreement shall not have
any effect unless the same is in writing and executed by both the parties.
15. If any dispute or differences arise between the parties hereto regarding
the claim by one party against the other or regarding the implementation
of this agreement or interpretation or meaning of any of the clauses
herein, the Courts in Hyderabad shall have the exclusive jurisdiction over
the dispute.
In witness whereof the seller and the purchaser have here unto set and
subscribed their respective hands/signatures in the presence of:
WITNESSES
1. Signature of the seller______
Whereas the vendor is the owner of the building situated at Street No.
______ in Ward No. ______ in the town of ______ bearing Municipal No.
______ and,
Whereas the said building has been demised on a lease of thirty years
commencing from ______ to the lessee as per deed of lease, dated ______
registered on ______ under the terms and conditions contained in the said
lease deed.
The vendor has agreed to sell and the purchaser has agreed to purchase
the said building and the lessee has agreed to at torn to the purchase at the
completion of the safe pursuant to this agreement in consideration of payment
of the sum of Rs. ______ (Rupees ______) as price for the said sale by the
purchaser to the vendor, out of which a sum of Rs. ______ (Rupees ______)
has been paid to the vendor by the purchaser (the receipt of which the vendor
hereby acknowledges) and the balance of Rs. ______ (Rupees ______) has
been agreed to be paid to the said vendor on the date of the presentment of the
deed of sale before the Sub-Registrar for the purpose of registering the same.
The vendor has agreed to satisfy the purchaser about the title of the vendor
to the premises and that the vendor is entitled to convey the said title to the
purchaser free from all other encumbrances, except that of the leasehold
interest, vested in the lessee for the remaining period of ______ years under
the terms and conditions laid down in the said lease deed, one month prior to
the execution of the date fixed, for completion of the transaction of the sale
pursuant to this agreement.
The vendor has agreed to bear the expenses for the purchase execution and
registration of the deed of sale in the first instance which expenses, however
shall be payable equally and the purchaser's share of such expenses shall be
paid to the vendor on completion of the sale and delivery of the deed of sale to
the purchaser. It is further agreed that the title of the premises shall not pass to
the purchaser until the full consideration mentioned above for the sale
transaction, shall have been paid to the vendor, the lessee shall, however, be
bound to pay sum reserved under the lease deed dated aforementioned to the
purchaser on and from the date of registration of the deed of sale.
It is further agreed that the draft of deed of sale shall be submitted by the
vendor to the purchaser a fortnight prior to the date of the intended execution,
and, after approval thereof by the purchaser, the vendor undertakes to obtain
the concurrence of the lessee to the deed of sale which shall be executed and
presented for registration within two months of the date of this agreement.
It is further agreed that the purchaser shall pay interest at the rate of ______
per cent per annum to the vendor on any sum out of the aforesaid price which
shall remain unpaid to the vendor as from the date of the registration of the
deed of sale pursuant to this agreement.
The vendor undertakes to pay all rates, taxes or other assessments levied or
leviable on the said premises upto the date of registration of the sale-deed,
where after the purchaser shall be responsible to pay the said public charges.
WITNESSES
1. Signature of the seller______
2. Signature of the purchaser______
Signature of the Lessee ______
Simple mortgage deed
This Deed of Mortgage made at ______ on this the ______ day of ______
2005, between X, S/o ______ resident of ______ hereinafter called as a
‘Mortgagor’ of the ONE PART
And
Y, S/o ______ aged about ______ years resident of ______ hereinafter called
as a ‘Mortgagee’ of the OTHER PART.
Whereas the Mortgagor is absolutely seized and possessed of or otherwise
well and sufficiently entitled to the house bearing municipal no. ______ situated
at ______ more particularly described in the Schedule hereunder written.
And whereas the Mortgagor has requested the Mortgagee to lend him a sum
of Rs. ______ which he has agreed on the mortgagor mortgaging his property
bearing No. ______ situated at _______.
NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement
and in consideration of the sum of Rs. ______ at or before the execution of this
deed, paid by the mortgagee to the mortgagor (the receipt whereof, the
mortgagor doth hereby admit and acknowledge and of and from the same
hereby release and discharge the mortgagee), the mortgagor hereby covenants
with the mortgagee that he will pay on the ______ day of ______ (hereinafter
called “the said date”), the said sum of Rs. ______ with interest @ ______ %
per annum from the date of these presents till the repayment of the said sum in
full, every quarter the first installment of interest to be paid on the ______ day
of ______ 2005 and each subsequent installment on the ___________ day of
July, October, January and April of each succeeding year until the said sum is
repaid in full.
SCHEDULE
North:
South:
East:
West:
IN WITNESS WHEREOF we have executed this POWER OF ATTORNEY in
the presence of the Witnesses attesting hereunder:
WITNESSES:
1)
2)
E X E C U T A N T E X E C U T E E
2.
Sale deed
This SALE DEED is made on this the ______ day of ______ 2005, by and
between: Mr. ‘A’ S/o ______, aged about ______ years, resident of ______
(herein after called “the vendor”) of the one part,
AND
Mr. ‘B’ S/o ______, aged about ______ years, resident of ______ (herein after
called “the vendee”) of the other part.
Whereas the Hyderabad Urban Development Authority demised on a
permanent lease to ‘M’, S/o ______, aged about ______ years, resident of
______ by a lease deed dated the ______ day of ______ 19__, a plot of land
measuring 250 square yards, situated in ______, bearing No. ______, bounded
on the East by ______, on the South by ______, on the West by ______ and
on the North by ______, at an annual rent of Rs. ______ on the terms and
conditions specified in the said lease deed.
And whereas, the said ‘M’, by a deed of assignment, dated the ______ day,
of ______ 19__, registered as Document No. ______ in Book No. ______ on
the ______ day of ______ 19__, with the Sub-Registrar, M.J Road, Hyderabad,
A.P-500001, transferred to the vendor/seller herein his leasehold rights in the
said plot in consideration of a sum of Rupees ______ (Rupees ______) only on
the terms and conditions contained in the said sale deed.
And whereas, the seller herein has constructed on the said plot a double
storied building and he has agreed now to assign/transfer the said leasehold
right and also to sell the house to the purchaser for a sum of Rs ______
( Rupees ______) only and the purchaser has agreed to purchase the same.
In witnesses whereof the vendor has signed on this deed of sale with free will
and consent on the date and place first above mentioned in the presence of the
following witnesses.
Witnesses:
1.
(VENDOR)
2.
(VENDEE)
Deed of gift
THIS DEED OF GIFT is made on this the ______ day of ______ 2005, at
Hyderabad BETWEEN: Mr. ______, S/o ______, aged about ______ years,
R/o. ______, Hyderabad. (Hereinafter referred to as ‘the Donor’ of the one part
which term shall mean and include all his legal heirs, representatives, assigns
etc)
IN FAVOUR OF
1. Mr. ______, S/o ______, aged about ______ years, R/o. ______,
Hyderabad.
2. Mr. ______, S/o ______, aged about ______ years, R/o. ______,
Hyderabad. (Hereinafter referred to as “the Donees” of the other part which
term shall mean and include all his legal heirs, representatives, assigns etc)
WHEREAS the Donor is the absolute owner and possessor of the property
bearing flat No. ______ on first floor consisting of a built up area of ______ Sq.
feet (including common area) and undivided share of land to an extent of
______ Sq. Yard in the premises bearing municipal No. ______, Hyderabad
(more fully described in the Schedule at the foot of this deed and hereinafter
referred to as Schedule Property) having acquired the same by paying valuable
consideration from its previous owner Mr. ______ under a registered sale deed
bearing no. ______ dated ______ and the Vendor is in physical possession of
the schedule property.
WHEREAS the Donees are well acquainted and known to that of the Donor.
WHEREAS the Donor desires to grant the above said schedule property i.e.
flat No. ______ on first floor consisting of a built up area of ______ Sq. feet
(including common area) and undivided share of land to an extent of ______
Sq. Yard in the premises bearing municipal No. ______, Road No. ______,
Hyderabad and more particularly described in the Schedule hereunder written)
as gift in consideration of natural love and affection as hereinafter mentioned.
WHEREAS the Donees have agreed to accept the gift as is evidenced by his
executing these presents.
SCHEDULE OF PROPERTY
All that flat bearing No. ________ on the first floor in the premises No.
______, Road No. ______, Hyderabad, A.P. with a built up area of ______ Sq.
Feet (including common area of ______ Sq. feet) along with undivided share in
the land to about ______ and bounded as follows:
NORTH:
SOUTH:
EAST:
WEST:
and more clearly delineated in the plan attached hereto, and marked in Red
Color.
That the value of said property is Rs. ______.
IN WITNESS WHEREOF the Donor as well as the Donees (by way of
acceptance of the said gift) have put their respective hands the day and year
first hereinabove written.
Lease deed
THIS LEASE DEED is made and executed on this the ______ day of ______,
2005 at Hyderabad, A.P. by and between: Sri ______, S/o.______ Aged about
______ years, R/o.______ Hyderabad. HEREINAFTER called the “LESSOR”,
which term shall mean include all his successors, administrators, legal
representatives, assignees etc.
AND
Sri ______, S/o. ______ Aged about _______ years, R/o. ______ Hyderabad.
HEREINAFTER called the “LESSEE” which term shall mean and include all her
successors, administrators, legal representatives, assignees etc.
WHEREAS the Lessor is the absolute owner of open plot/land admeasuring
Acres ______ guntas in Sy. no. ______, of ______ Village, ______ Mandal,
R.R.Dist, A.P.
WHEREAS the lessee has been allotted a retail outlet dealership of ______
at R.R District vide Letter bearing proceedings No. ______ dated ______.
AND WHEREAS the Lessee herein as mentioned above approached the
Lessor to lease out the ‘Scheduled property’ for commencing and operating his
Dealership of. The lessor accepted to the request of the lessee and in
pursuance of the offer and acceptance, the lessor agreed to lease the Schedule
Property on the terms and conditions set forth herein.
1. THAT the lessee hereby agrees and undertakes to pay the lessor a sum
of Rs. ______ (Rupees ______) per month towards the rent for the land
which is exclusive of electricity consumption charges and water
consumption charges, which shall be borne by the lessee separately.
2. THAT the Lessee shall pay the agreed rent to the Lessor on or before
10th of each succeeding month.
3. That the Lease shall commence from ______ 2005 and the period of
Lease shall be initially for a period of one year with a option to renew for
a further period as mutually agreed and the registration charges shall be
borne by the lessee.
4. That the lease shall initially be for a period of one year and thereafter
either during the subsistence of the present lease period or after the
expiry of the present lease period and upon the request of the lessee, the
lessor shall execute a lease deed for a period of ______ years with a
option for further renewal, in favour of lessee.
5. THAT the Lessee had obtained the schedule premises for the purpose of
running ______ Dealership dealing in ___________ and shall not use the
same for any other purpose without the written consent from the Lessor.
6. That it shall be the responsibility of the lessee to obtain all necessary
permissions/sanctions/N.O.Cs from the concerned authorities for
operating the business and the lessor shall not be responsible in any
manner whatsoever.
7. That the Lessee shall pay all the Taxes, cess etc., as levied by the
concerned authorities from time to time.
8. THAT the Lessee shall permit the Lessor or their any person on its behalf
to inspect the Schedule Property at all reasonable hours.
9. THAT if the Lessee intends to discontinue the lease then the Lessee
shall cause a written notice to the Lessor of such intention at least three
months in advance.
10. THAT if the Lessee contravenes any of the terms of the lease, then the
Lessor shall have a right to terminate the tenancy even before the expiry
of the period of lease by giving three months notice.
11. Each party shall bear and pay their respective advocates and solicitor’s
costs.
12. The cost of the lease agreement and registration charges for the same
shall be borne by Lessee.
13. The Lessee shall not cause any nuisance or cause any harm or damage
to the other occupants of the building and in the event of the above
occurring, the Lessee shall keep the Lessor indemnified.
14. This agreement is executed in duplicate and each party shall be entitled
to have one copy thereof duly executed by both the parties, each copy is
an independent instrument but both of them together constitute one and
the same agreement.
15. This agreement shall be governed by and construed in accordance with
the laws of India and subject to the sole jurisdiction of the Hyderabad
Court.
16. In case of dispute between the Lessee and Lessors both the parties will
try and resolve the dispute through the application of the procedure and
provisions of the Arbitration and conciliation Act, 1996, by appointing
either one arbitrator or two arbitrators, one to be appointed by each party,
who in turn shall appoint a third arbitrator whose decision shall be final
and binding on the parties to the agreement.
SCHEDULE OF PROPERTY
All that open land admeasuring ______ Sq. Yard excluding the land earmarked
for Green Belt Purpose, forming part of the lessors total Land of ______ in Sy.
no ______l, R.R.Dist, A.P. and bounded by:
NORTH:
EAST:
SOUTH:
WEST:
IN WITNESS WHEREOF the lessor and the Lessee have executed this
deed on the day, month and year first above mentioned in the presence of the
following witnesses.
WITNESSES:
1. LESSOR
2. LESSEE
Indemnity bond
This bond of indemnity is made at _______ on this ______ day at ______,
AND
______ Indian Inhabitant, residing at ______ (hereinafter called as 'OBLIGOR')
______ by its Chairman/Secretary, a co-op housing society registered as under
M.C.S.Act, 1960 (hereinafter called as 'OBLIGEE').
WHEREAS the obligee is a Co-op Housing society registered under the
M.C.S. Act, 1960 and is registered as tenant co-operative housing society;
AND WHEREAS the society has its registered bye-laws duly approved by
the Registrar, Co-Op. Societies and is an obligation on each allottee
member/flat holder/apartment/shop holder to obtain prior permission for
effecting the transfer in favour of any other person than the member/purchaser;
AND WHEREAS the obligor by an agreement dt. ______ has intended to
purchase the flat bearing no. ______ which is situated in obligee co-op housing
society comprising of ______ rooms form shri/smt. ______ who was holding
the flat no. ______.
WHEREAS the obligor for the purpose of validating the transfer approached
the society and society after initially exchanging the correspondence in the
matter came to the conclusion by considering its proposal in the Managing
Committee to recognise the said agreement for effecting the transfer and called
the obligor to execute the indemnity bond for the transfer. As such the obligor is
executing the said bond of indemnity so as to indemnify the obligee against any
claims or demands whatsoever made in respect of the said ______ rooms,
in________(address) which is adjacent to ______ premises owned and
possessed by the obligor. Are executing the said bond of indemnify so as to
indemnify the obligee against any claims or demands whatsoever made in
respect of the said two rooms, in ______ adjacent to shopping premises owned
and possessed by the obligor.
That the said obligor their heirs, executors or administrators, assigns shall
from time to time and at all times hereinafter keep indemnified the said obligee
their office bearers from and against all actions, losses, charges, expenses,
claims and demands whatsoever in respect of the said premises comprising of
______ rooms on the obligee validating the transfer of the above mentioned
premises.
IN WITNESS WHEREOF, we the obligor have hereunto set and subscribed
their respective hands and seals the day and year first hereinabove written.
Signed, sealed and delivered
By the abovenamed:
1)
1. That the first party has released and relinquished in favour of the second
party all their rights, titles and interest in the said flat situated at ______ and to
hold the same as the absolute owner along with all furniture and fixtures
standing thereon. And the first party do hereby declare that the said premises is
and has been the exclusive property of the second party with effect from
______.
That the first party, does hereby declare that the second party is entitled to
have his name incorporated as the owner of the said flat in the records of the
society by transferring share, title and interest in his name. And the first party
will do every such assurance or thing for further or more perfectly assuring the
property released to the second party as may be reasonably required.
AND
__________ Adult, Indian Inhabitant, residing at ______ hereinafter called “the TENANT”
OF THE Other part.
WHEREAS the Landlord is the owner and is well and sufficiently entitled, seized and
possessed of all the piece and parcel of land and building situated at Room No. ______.
AND WHEREAS the said Tenant has approached the Landlord and requested him to
let out the said premises for the purpose of residence in the said building and requires the
said premises for him and his family members.
AND WHEREAS the Landlord has received the request from the said Tenant to let out
the said premises and accept him as contractual tenant which the Landlord agreed to do
and accordingly accepted the Tenant as his Tenant with effect from ______, 2000 in
respect of Room No. ______ on the terms and conditions and stipulated mutually and
orally agreed by the Landlord and Tenant.
AND WHEREAS the parties hereto are reducing the said agreed terms in to writing.
The landlord doth and hereby let to the Tenant as his monthly tenant in respect of
Room no. ______ and the Tenant hereby agrees that he has taken on the said premises
as monthly tenant of said premises on the ______ Floor of the said Building on the terms
and conditions hereinafter records. The monthly standard rent of the said premises shall
be Rs. ______ (Rupees only) per month inclusive of all permitted increases as on ______
but which will be exclusively of any kind of electric charges. THE TENANT HEREBY
AGREES AS FOLLOWS:
1. To pay monthly rent due in the next month on or before the 10th day of each
month at the Landlord’s place whether demanded or not.
2. To pay all charges for electric energy and water consumed on the demised
premises.
3. To pay all kinds of taxes, permitted increases, repair cess, which the tenant or
occupier of the premises are by law bound and liable to pay on demand at any
time.
4. Not to do or suffer to be done in or about the demand premises anything
contained which may be or become nuisance, annoyance or cause damages to
the neighbouring owners, tenants, occupiers of the said building.
5. Not to use the said Premises for any illegal or immoral purposes or any other
purposes prohibited by the local/municipal authorities.
6. Not to cut or injure any wall or timber, or any other parts of the demised
premises or make any changes, alterations, additions on the demised premises
without first obtaining the written consent of the Landlord and any change,
alterations, additions, fittings made with such written consent of the Landlord
shall become and be considered the property of the Landlord after they are
made, the Tenant shall not be entitled to remove the same either before or after
the expiration of the Tenancy.
7. Not to sub-let, re-let, assign or transfer or part with the possession of the
demised premises or any part thereof to any persons.
8. Not to store, keep pr stock any goods, articles, in the passage or compulsory
open space or on road save and except in course of goods, articles taken in and
brought from the demised premises.
9. That the Tenant paying rent herein before reserved and observing and
performing the stipulations and averments on this part herein before contained
and shall quietly enjoy the demised premises without interruption by the landlord
or any person or persons lawfully claiming through, under or in trust for him.
10. To pay and discharge all existing and future rates and taxes assessment that
may be imposed or charges upon the demised premises by the Mumbai
Municipal Corporation, Government of Maharashtra, or any other authority
including all increases payable by the Landlord consistent with the covenants by
the Tenant in that behalf herein before stated.
11. That the Landlord and his agent, contractors, servants or any intending
purchaser or purchasers or tenant authorized by the Landlord shall have full
liberty to inspect demised premises at any reasonable hour to view the
conditions thereof and to effect such repairs as the Landlords is required to do
pursuant to his covenants in that behalf herein contained and to carry out any
work and the Tenant shall allow the same to be done without any objection.
12. The Landlord shall not be responsible for any damages or injury whatsoever
caused by pulling down the wall or floor whether by fire, leakage, accident, rains,
white-ants or any explosion or bursting or any water or gas pipe line or electric
installations or circuits.
13. The Tenant shall, on execution of this Agreement, deposit with the Landlord
three months rent at the rate of Rs. ______ (Rupees ______ only) per month
total amounting to Rs. ______ (Rupees ______ only) which the amount shall
continue to remain as deposit and to be adjusted in payment of the monthly rent
shall continue to remain as deposit and to be adjusted in payment of the monthly
rent for the last month of the tenancy. The said deposit amount of three months
rent shall not carry any interest.
14. The landlord confirms that he has received a sum of Rs. ______ (Rupees
______ only) from the rent as Premium for letting the said premises to him.
15. The Tenant hereby agrees and undertakes that the said rent of Rs. ______ is
the STANDARD RENT of the said let out to him inclusive of all permitted
increases imposed by the concerned authority from time to time and demanded
by the authority from time to time and demanded by the authority hereinafter
which he is bound and liable to pay to the Landlord on demand.
16. The Tenant hereby agrees to abide by all the terms and conditions printed on
the rent bill, which is part and parcel of this Agreement.
17. The Tenant hereby agrees and confirms that the said demised premises has
been let out to him for the purpose of Residence only and the Tenant shall not
change the user of the premises under any circumstances.
IN WITNESS WHEREOF the parties hereunto set and as subscribed their respective
hands and seals the day and year hereinabove written.
Certificate of title
Certified that title of the property situated at ______ which is within the limits of Municipal
Corporation and within the limits of ______ Municipal District Taluka ______, Dist:
______, admeasuring about ______ Sq. m. and bounded as under:
On or towards east by ______.
On or towards West by ______.
On or towards South by ______.
On or towards North by ______.
Is owned and possessed exclusively by the owner ______ residing at ______. The
said property belongs to the said ______ and is in his possession. The title of the said
property is clear and marketable and there are no encumbrances. The title certificate is
on the basis of search conducted from the revenue records of last 30 years.