AGREEMENT TO SELL

THIS AGREEMENT TO SELL is executed at Gurgaon on this _____ day of _________________

2021, by and between:-

_________________________________________________________________________________
_________________________________________________________________________________
(hereinafter collectively referred to as “The First Party”, which expression shall mean and
include unless repugnant to the context thereof, their respective legal heirs, legal representatives,
successors-in-interest and administrators);

AND

________________________________________________________________________________
________________________________________________________________________________
(Hereinafter collectively referred to as “The Second Party”, which expression shall mean and
include unless repugnant to the context thereof, their respective legal heirs, legal representatives,
successors-in-interest and administrators).

WHEREAS the First Party is the exclusive and absolute owner of House No. ___________________
_________________________________________________________________________________
(Hereinafter called the said Property). Bounded as:-

NORTH – SOUTH –

EAST – WEST –
WHEREAS the First Party is in self-possession and self-occupation of the said property.

WHEREAS the First Party had purchased the above said flat from ___________________________
___________________________________________________ vide Agreement dated ___________
and registered the above said plot at sub-registrar office Gurgaon on dated __________________ in
by Vasika No ____________

AND WHEREAS the First Party, for its bonafide need and requirement, has agreed to sell, transfer
& convey to the Second Party the said property together with vacant physical possession thereof and
the Second Party has agreed to purchase the same from the First Party for a total sale consideration
of Rs. ___________________ (Rupees ___________________________________________ Only),
the agreed terms and covenants stipulated hereinafter.

NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER:

1. That in pursuance of this Agreement to Sell and in consideration of a total sale

consideration of Rs. ____________________/- (Rupees
______________________________________________ Only). being paid by the Second Party to
the First Party, the First Party agrees to sell, convey, transfer and assign all rights, title and interests
of the First Party in the said property together with vacant physical possession thereof, unto the
Second Party, absolutely and forever.

2. The agreed sale consideration shall be paid by the Second Party to the First Party in the
following manner:

i) Rs. _______________/- (Rupees

_________________________________________ Only) at the time of execution of
this Agreement to Sell;

ii) Rs _______________/-(Rupees
__________________________________________ Only) on or before
____________________________________________ namely, at the time of
execution of Sale Deed.

On execution of this Agreement to Sell, the Second Party has paid to the First Party the above
mentioned amount of Rs.______________ /- (Rupees _______________________________
_______________ Only) as detailed below.

Date Ch. No. /DD Amount Drawn of

Total - Rs________________/- (Rupees ________________________________________Only)

The First Party acknowledges receipt of the said cheques, subject to their due encashment. The
payment of agreed sale consideration shall be subject to applicable TDS, in respect of which TDS
Certificate will be furnished by the Second Party to the First Party.

3. That the First Party shall deliver the vacant physical possession of the said property to the
Second Party on receipt of the entire agreed sale consideration and execution of sale deed.

4. That the First Party has unequivocally assured the Second Party as follows:-

(a) That the First Party is the absolute owner of the said property and is in self-
possession thereof;

(b) That the First Party has full, unfettered and unrestricted rights to sell the said
property to the Second Party by way of this Agreement to Sell, and excepting the
First Party nobody else has any right, title, claim or interest of any nature
whatsoever in the said property;

(c) That the said property agreed to be sold is free from all kinds of encumbrances,
such as prior sale, mortgage, gift, Will, litigations, liens, disputes, lease, loan,
surety, security, injunction, stay order, acquisition, family & religious disputes,
income tax and wealth tax attachments, or any other registered or unregistered
encumbrances, etc.;

(d) That no order of attachment from Income Tax or Wealth Tax Department has
been received in respect of the said property; and

(e) That there is no subsisting Agreement to Sell in respect of the said property or any
part thereof, with any body else except the Second Party.

5. That the First Party has further assured the Second Party that the First Party shall not
create any charge over the said property or otherwise encumber the same, on and after the execution
of this Agreement to Sell.

6. That the First Party shall deliver and hand-over vacant physical possession of the said
property on as-is, where-is basis to the Second Party on receipt of full amount of agreed sale
consideration and execution of the Sale Deed.

7. That all expenses, dues, taxes and levies pertaining to the said property shall be borne by
the First Party upto _________________ or the execution of Sale Deed, whichever is earlier,
whereafter the same shall be borne and payable by the Second Party. The First Party will produce
NOC (No Objection/No Dues Certificate) from Maintenance/MCG-Tax department and from the
RWA (if applicable) before the transfer.

8. That all the relevant documents in original concerning the said property shall be delivered
to the Second Party by the First Party at the time of execution of the Sale deed.
9. That the Second Party shall be entitled to get the Sale Deed executed either in its own
name or in the name of its nominee(s), to which the First Party shall have no objection whatsoever.

10. That all expenses, including, stamp duty, registration charges and other ancillary expenses
relating to the execution and registration of the Sale Deed shall be borne by the Second Party.

11. If any unwanted situation like Death/Pandemic/Flood/Lockdown or any other illness and
if any issue in paper Title clear in both cases First party refund the same paid amount to the second
party.

12. That in case the above said balance payment is not paid by the Second Party to the First
party on or before the said date, the sum of Rs.___________/- (Rupees _________________ only)
shall be forfeited from advance money paid, However in case the First Party default to complete this
sale transfer in favour of the Second Party then the Second Party will be entitled to damages
amounting Rs._____________/- (Rupees _____________ only) along with advance money paid
from the First Party.

13. That all disputes arising out of or relating to this Agreement to Sell shall be subject to the
exclusive jurisdiction of Gurgaon Courts.

IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement to Sell on
the day, month and year first above written, in the presence of the following witnesses:

WITNESSES:

1.

(__________________ )

FIRST PARTY/SELLER

2
(_________________)

SECOND PARTY/PURCHASER