Agreement for Transfer of Tenancy whereby Incoming Tenant is

Paying the Consideration to the Transferor to Acquire the Alternate

Accommodation on Ownership basis for the Outgoing Tenant

DEED OF TRANSFER

THIS DEED OF TRANSFER made at ________ on this _________ day of ___________

200___, BETWEEN P Q R, of ___________, Indian Inhabitant, residing at
_________________________________ ____________ hereinafter referred to as “THE
TRANSFEROR” (which expression shall, unless repugnant to the meaning or context thereof,
be deemed to include his heirs, executors and administrators) OF THE FIRST PART; ABC, of
_____________, Indian Inhabitant, residing at _____________ ______________
hereinafter referred to as “THE OUTGOING TENANT” (which expression shall, unless it be
repugnant to the context or meaning thereof mean and include his heirs, executors and
administrators) OF THE SECOND PART; M/S. MNO, a registered partnership firm having
address at ________________________ _________________________, hereinafter
referred to as “THE LANDLORDS” (which expression shall, unless it be repugnant to the
context or meaning thereof, mean and include the partners or partner for the time being of
the said firm, the survivors or survivor of them and the heirs, executors and administrators
of the last surviving partner and their/his/her assigns) OF THE THIRD PART; AND XYZ, of
___________, Indian Inhabitant, residing at________________________
______________________________, hereinafter referred to as “THE INCOMING TENANT”
(which expression shall unless it be repugnant to the context or meaning thereof mean and
include his heirs, executors and administrators); OF THE FOURTH PART.
WHEREAS:—
(a) The Landlords are the owners of the building known as “________________”
situate at ________________ and which is more particularly described in the First
Schedule hereunder written. The Landlords are also the owners of residential flat
no. __________ on the ________ floor of the said building “___________”
admeasuring 600 sq.ft. of carpet area (hereinafter referred to as “the said flat”)
and which is more particularly described in the second schedule hereunder
written;
(b) The Outgoing Tenant is the lawful tenant in respect of the said flat and his tenancy
rights to the same are valid and subsisting. The rent receipt in respect of the said
flat stands in the name of the Outgoing Tenant.
(c) The Outgoing Tenant has agreed to transfer his tenancy rights in respect of the
said flat in favour of the Incoming Tenant, upon the Landlords consenting to the
said transaction in favour of the Incoming Tenant.
(d) The Transferor is seized and possessed of or otherwise well and sufficiently entitled
to flat bearing no. 1 admeasuring 650 sq. ft. of carpet area on the 6th floor of the
building known as “BBC APARTMENT” belonging to BBC Co-operative Housing
Society Ltd. at ________________________ ________ (hereinafter referred to as
“the said Ownership Flat”).
(e) The Transferor is also the registered member and shareholder of “BBC Co-
operative Housing Society Limited” registered under the Maharashtra Co-operative
Society Act, under registration no. _________________________________
(hereinafter referred to as “the said Society”) and as such, is the registered
holder of 5 (five) shares of the face value of
Rs. 50/- (rupees fifty only) each, of the aggregate value of
 Rs. 250/- (Rupees Two hundred fifty only) bearing distinctive nos. 301 to 305
(both inclusive) issued by the said Society (hereinafter referred to as “the said
Shares”) and bearing Certificate No. 10 in respect of the ownership of the said
Flat. The said Ownership Flat and the said shares are more particularly described in
the Third Schedule hereunder written and are hereinafter collectively referred to
as “the said premises”.
(f) The Outgoing Tenant has with the consent of the Landlords agreed to transfer the
said monthly tenancy of the said Flat and to relinquish all his right, title and
interest thereto in favour of the Incoming Tenant and hand over vacant and
peaceful possession of the same to the Incoming Tenant. In turn, the Landlords
have agreed to confirm and accept the said transfer of tenancy rights in favour of
the Incoming Tenant of the said flat. In consideration thereof, the Incoming Tenant
has agreed to directly negotiate and purchase for the Outgoing Tenant a suitable
permanent alternate accommodation on ownership basis at his cost and expense,
to enable the Outgoing Tenant to move out of the said flat and hand over vacant
and peaceful possession thereof to the Incoming Tenant and thereafter to enter
into and occupy the permanent alternate accommodation.
(g) The Incoming Tenant and the Outgoing Tenant have mutually selected and agreed
upon the said ownership Flat as an acceptable alternative accommodation for the
Outgoing Tenant to be provided to him by the Incoming Tenant at his own cost,
charge and expense for relinquishing the tenancy rights of the said flat in exchange
for the Incoming Tenant providing the consideration and all other cost, charges and
expenses for the purchase of the said ownership flat from the Transferor for the
exclusive benefit and ownership of the Outgoing Tenant.
(h) The Transferor has agreed to sell and the Outgoing Tenant has agreed to buy the
said premises as more particularly described in the Third Schedule hereunder
written at the cost, charges and expense of the Incoming Tenant on the terms and
conditions hereinafter stated. The said society has already issued its No Objection
Certificate for transfer of the said Premises in favour of the Outgoing Tenant.
(i) In pursuance of the aforesaid, the parties hereto are executing this Deed of
Transfer to complete the transaction.
NOW THIS DEED WITNESSETH and it is hereby agreed, confirmed and recorded by and
between the parties hereto as follows:—
1. The Transferor hereby sells, transfers, conveys and assigns to the Outgoing Tenant
and the Outgoing Tenant hereby acquires the said premises as more particularly
described in the third Schedule hereunder written for the sole and exclusive benefit
of the Outgoing Tenant from the Transferor with all his right, title, interest and
claims therein at
or for the total price of Rs.______________/- (Rupees
____________________only) and on the terms and conditions recorded herein.
The aforesaid consideration is provided and paid by the Incoming Tenant and the
Outgoing Tenant has not been required to pay the said consideration. The price of
the said premises paid by the Incoming Tenant is deemed to have been paid in
adjustment against the value of the tenancy rights of the Outgoing Tenant in the
said Flat. The Transferor doth hereby declare that the said premises are free from
all encumbrances and reasonable doubts.
2. On or before the execution hereof, the Incoming Tenant has paid the entire
consideration amount of Rs. _________/- (Rupees
_______________________only) to the Transferor in full & final consideration (the
payment and receipt whereof the Transferor doth hereby admit, confirm and
 acknowledge) and the parties hereto have completed the transaction.
3. The Transferor has on execution hereof has handed over quiet, vacant and
peaceful possession of the said Ownership Flat to the Outgoing Tenant along with
all the original documents thereof as owner thereof.
4. The Transferor has executed all the necessary documents, forms, undertakings,
declarations, etc. for effectively transferring the said premises in favour of the
Outgoing Tenant. The Transferor shall hereinafter at the request of the Outgoing
Tenant execute or cause to be done or executed all further acts, deeds or things
more perfectly to complete the formalities to transfer and assure the said premises
unto the Outgoing Tenant as shall or may be reasonably required by him.
5. The Transferor declares and has represented, covenanted and assured to the
Outgoing Tenant as also to the Incoming Tenant:—
(a) That the Transferor has duly paid and discharged in full all the dues and
liabilities in respect of the said premises including the Municipal outgoings,
taxes, rates, maintenance charges etc. payable to the said society upto the
date hereof;
(b) That the Transferor is the sole and absolute owner and beneficiary of the said
premises duly standing in the name of the Transferor in the books and all
other records of the said society and is absolutely entitled to the same and to
all incidental rights thereto and to the exclusive right to the use, enjoyment
and occupation of the said Ownership Flat and except the Transferor no other
person or persons have any right, title, interest, claim or demand of any
nature whatsoever upon the said premises;
(c) That notwithstanding any act, deed, matter or thing whatsoever done, omitted
by the Transferor or any person or persons lawfully or equitably claiming by,
from, through, or in trust for the transferor, the Transferor has full power and
absolute authority in his own right to transfer the said premises and to
relinquish and transfer all his rights, title and interest therein in accordance
with the present instrument;
(d) That neither the Transferor nor any one on his behalf has committed or
omitted any act, deed, matter or thing whereby his holding of the said shares
and incidental rights thereto including the right to peaceful use, occupation,
ownership and enjoyment of the said ownership flat and other rights and
benefits in respect thereof may become or may be prejudicially affected or
encumbered in any manner or whereby the said shares and his other right,
title and interest therein may become liable to attachment and/or sale whether
by a decree or order of the Competent Court or otherwise;
(e) That the Transferor has not created or purported to create any tenancy,
license, charge, lease, mortgage, lien or any kind of third party has rights over
the said premises and no other person or party has any right, title or interest,
claim or demand in to or upon the same either by way of mortgage, gift, trust,
inheritance, lease or otherwise and that the same are free from all
encumbrances and there is no pending litigation of any kind whatsoever.
(f) That the Transferee shall on completion of the transfer peaceably and quietly
be entitled to hold and own the said flat and the said shares and all incidental
rights thereto including the right to enter upon and remain in sole occupation
and enjoyment of the said ownership flat and/or any part thereof in the
Outgoing Tenant’s own right without any interference disturbance,
interruption, claim or demand whatsoever and/or any person or persons
 lawfully or equitably claiming by from, through, under or in trust for the
Transferor; and
(g) That the Transferor has duly complied with observed performed all the Rules,
Regulations and Bye-Laws of the said Society and that the Transferor has
neither received any notice from the said Society for or in relation to any
breach of any of the Rules, Regulations and Bye-laws of the said Society nor
are there any actions or proceedings pending against the Transferor instituted
by the said Society or any member of the said society in respect of the said
premises including any notice or action for expulsion or termination of the
Transferor as the member of the said society;
6. In consideration of the Outgoing Tenant hereby transferring his tenancy rights and
possession of the said flat in favour of Incoming Tenant with the consent of the
Landlords, the Incoming Tenant has paid the aforesaid consideration for purchase
of the said premises to the Transferor on behalf of the Outgoing Tenant in
pursuance of the agreement arrived at between the parties as recorded herein. It
is hereby further recorded that the Outgoing Tenant hereby surrenders, releases
and transfers all his right, title and interest including tenancy rights and possessory
rights in the said flat in favour of Incoming Tenant and the Outgoing Tenant has on
execution hereof handed over vacant and peaceful possession of the said Flat to
the Incoming Tenant as new and incoming tenant thereof. The Landlords have
hereby simultaneously accepted transfer of tenancy rights of the said Flat in favour
of the Incoming Tenant and issued the rent bill in his favour. In consideration of
transfer of tenancy of the said flat by the Landlords as aforestated, the Incoming
Tenant has paid a sum of Rs._________/- (Rupees _________________________
only) to the Landlords as non refundable premium.
7. The Landlords have simultaneously on execution hereof admitted the Incoming
Tenant as tenant of the said flat in the said building owned by them and the Incoming
Tenant agrees to pay the monthly rent to the Landlords from the date hereof @ of Rs.
_______/- per month. On execution hereof and as aforestated the Outgoing Tenant has
with consent of the Landlords put the Incoming Tenant in possession of the said flat as
lawful tenant thereof. The Incoming Tenant has on or before execution hereof paid three
months advance rent to the Landlords and the receipt of the same is hereby acknowledged
by the Landlords. The tenancy of the Incoming Tenant shall be governed by the provisions
of The Maharashtra Rent Control Act, 1999 and any statutory notifications/modifications
thereof applicable from time to time. The Incoming Tenant shall not commit any breach of
the provisions of the said Act and shall use the said premises only for residential purposes
for himself and his family members.
8. The Outgoing Tenant states that he has not created any kind of encumbrance on
the said flat. The Outgoing Tenant shall pay all the outgoings in respect of the said flat till
the date hereof and thereafter the same shall be paid by the Incoming Tenant.
9. The Stamp duty and registration charges (if any) shall be borne and paid by the
Incoming Tenant alone. The Transfer charges and/or donations/contributions payable to the
said society for transfer of the said premises in favour of the Outgoing Tenant shall be borne
and paid by the Transferor and the Incoming Tenant equally.

THE FIRST SCHEDULE ABOVE REFERRED TO

(Give description of the entire building of the Landlords)

 THE SECOND SCHEDULE ABOVE REFERRED TO

(Give description of the tenanted flat)

THE THIRD SCHEDULE ABOVE REFERRED TO

(Give description of the Ownership Flat and the shares

issued by the society)

IN WITNESS WHEREOF the parties have caused this Deed to be executed the day and
year first hereinabove written.

SIGNED, SEALED AND DELIVERED by the )

Within named “THE TRANSFEROR” )
PQR in the presence of ...... )

SIGNED, SEALED AND DELIVERED by the )

Within named “THE OUTGOING TENANT” )
ABC in the presence of ...... )

SIGNED, SEALED AND DELIVERED by )

the within named “LANDLORDS” M/S. MNO, )
a registered Partnership firm )
in the presence of ...... )

SIGNED, SEALED AND DELIVERED )

by the within named “THE INCOMING )
TENANT” XYZ in the presence of ... )

RECEIPT
Received from the Incoming Tenant on behalf of the Outgoing Tenant a sum of Rs.
_______________/- (Rupees ____________________only) in full & final
consideration/satisfaction as under:—
——————
Rs. ________/- Total
==========
I SAY RECEIVED

TRANSFEROR
Witness: