1

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and entered into at

Mumbai, on this____day of______________BETWEEN,
Mr./Mrs._______________________________ an adult, Indian
Inhabitants, presently having address at
____________________________________________________
____________________________________________________
____________________________________________________
hereinafter referred to as the ‘TRANSFEROR’ (Which
expression unless repugnant to the context or meaning thereof
shall mean and include his heirs, executors, administrators and
assigns) of the ONE PART AND (1) Mrs. _______________and
(2) Mr._________________________and also both adults,
Indian Inhabitants, residing
at___________________________________________________
____________________________________________________
Hereinafter referred to as the ‘TRANSFEREES’ (Which
expression unless repugnant to the context or meaning thereof
shall mean and include their heirs, executors, administrators and
assigns) of the OTHER PART:

__________________Co-operative Hsg. Soc. Ltd., a Society

registered under the provisions of Maharashtra Co-operative
Societies Act 1960, at Mumbai, under Registration No.
____________________________of ______ dated __________,
(hereinafter referred to as ‘THE SAID SOCIETY’) and by virtue
of being the member of the said Society, he is been holding
allotted Share Certificate No. __, comprising of five fully paid
up shares of Rs. ___/- each bearing Distinctive Nos- ____ to
____ (both inclusive), holding the Flat No. __,______ Floor,
______, of the _________________ Co-operative Hsg. Soc.
 2

Ltd., Plot No.___, Survey No. ___, C.T.S. No. ____________,

situated at ___________________________________________,
more particularly described in the Schedule hereunder written
(hereinafter referred to as ‘THE SAID FLAT’) on what is known
as ‘Ownership Basis’.

AND WHEREAS the Transferor herein has paid the full and
entire consideration for the said Flat and the said Shares and is
presently holding the said flat admeasuring ______ Sq.ft. (Built
up Area) on ownership basis.

AND WHEREAS the Transferor by virtue of being the member

of the said Society viz. _____________ Co-op. Hsg. Soc. Ltd.
has been issued Share Certificate No. ____ for five fully paid up
shares of Rs. ___/- each bearing Distinctive Nos. ____ to ____
(both inclusive).

AND WHEREAS the Transferor has represented to the

Transferees he has been holding the abovesaid flat along with the
five shares as stated hereinabove and being the member of the
said Society, he is desirous of disposing off his right, title and

interest in the said flat along with the five shares and the
membership of the said Society and the Transferees herein have
agreed to acquire all the right, title and interest of the Transferor
in the said flat along with five shares, issued to him and the
membership of the said Society on the following terms and
conditions:

NOW THIS AGREEMENT WITNESSETH AS UNDER:-

(1) The Transferor hereby transfer and assign all his right, title
and interest in the said flat being Flat No- __, _____Floor,
 3

_____, the said Society ___________Co-op. Hsg. Soc.

Ltd. Subject to provision of Clause No. 2 of this
Agreement. And the Transferees herein have agreed to
acquire all his right, title and interest in the said flat, five
shares and the membership of the said Society.

(2) The Transferor hereby transfer all his right, title and
interest in the abovesaid flat along with the five shares and
the membership of the said Society for the total
consideration of Rs. _____/-(Rupees:-________________)
and the Transferees have agreed to acquire the same on the
payment Rs._________/-(Rupees:-__________________)
being the total consideration inclusive of everything in
lump-sum, in the following manner.

a. Earnest Money a sum of Rs. _________/- (Rupees:-

__________________Only ) Paid by Cash , Rs. _______/-
(Rupees:-____________________________Only) Cheque
No._______________ date ________________Drawn On
_________________________Bank Ltd,

_______________________________________________
__________________________________ on or before the
execution of this Agreement, the receipt whereof the
Transferor acknowledges;

b. The balance sum of Rs. _______/-(Rupees- __________

only) will be paid by the transferees to the Transferor on
or before ________________, simultaneous with the hand
over of vacant and peaceful possession of the said flat to
the Transferees by the Transferor.
 4

c. The Transfer shall be conclusive and shall take effect only

upon the Payment of the entire consideration as afore said.
time is essence of the contract, and if the transferees fail
to make the said balance payments of Rs. _________/-
(Rupees:-_______________________Only) on or before
_______________. The agreement herein shall stand
terminated without any further act or deed and the
transferor shall be free to deal with the same without any
claim or action whatsoever of the transferees. The
transferees here by irrevocably appoints the transferor for
any act, deed, instrument, writing and to appear, represent
before any authority or power for cancellation of this
agreement and waves the right to notice.

(3) The Transferor doth hereby declare that the said flat is free
from all encumbrances, claims and demands whatsoever
and that he is fully entitled to deal with or dispose off the
same and undertakes to keep the Transferees indemnified
in this behalf. The Transferor also agrees to sign and
execute all such transfer forms, papers and documents as

may be necessary in favour of the Transferees or their

nominee/s and handover quiet, vacant and peaceful
possession of the said flat on receipt of the balance full
and final consideration mentioned in Clause No-2 (b)
hereinabove.

(4) The Transferor shall deliver to the Transferees the vacant

and peaceful possession of the said flat along with the
permanent fixtures and fittings on completion of the sale
i.e. on receipt of the balance full and final consideration
mentioned hereinabove.
 5

(5) The Transferor will pay and clear off the charges payable
to the Society by way of Municipal Taxes and other
Dues/outgoings relating to the said flat upto the date of
handing over the possession to the Transferees as per the
Society bills or any other dues in respect of the said flat
and hereby agree to keep the Transferees indemnified
against any claim that may be made by the said Society or
anyone else in respect of the said flat for the above period
at a later date.

(6) The Transferees hereby agree to pay all the charges

payable by way of Municipal Taxes and other
dues/outgoings relating to the said flat from the date of
taking over the possession of the said flat and hereby
declare and confirm that they will abide by the bye-laws of
the said Society, without any reservation whatsoever.

(7) The Transferor hereby declares and confirms that the said
flat absolutely belongs to him and that he has not created

any gift, pledge, lease, loan, mortgage, charge, lien or

encumbrances on the said flat or the five shares and that
these are free from any gift, lease, loan, mortgage, charge,
lien, encumbrances or attachment of any Statutory
Authorities or otherwise and there is no litigation, stay or
any legal proceedings with regard to the said flat in any
Court of Law, Taxing Authority or with Municipality or
Society authorities. The Transferor further undertakes to
indemnify the Transferees against any such claim laid by
anyone at a later date.

(8) The Transferor subject to the payment of balance

consideration hereby release, relinquish, give up and
 6

surrender all his rights, title and interests in the

membership of the said Society, the Share Certificate and
the said flat in favour of the Transferees forever.

(9) The Transferor will handover the Share Certificate in

original, original Agreement and/or all other related
documents entered into by him with the Builders/
concerned authorities to the Transferees for their records
on receipt of the balance full and final consideration
Amount.

(10) The Transferor shall execute all the related papers required
for the effective transfer of the said flat. On receipt of the
balance full and final consideration. Further they
undertake to co-operate with the Transferees and will
execute all such further papers/documents/writings
whatsoever for the effective transfer of the said flat along
with the five shares.

(11) The Transferees and Transferor will pay the society

transfer charges/donation fees equally; However the
Stamp duty and Registration charges will be borne and
payable by the Transferees.

(12) Should there be any claim in respect of the said flat from
any person or persons or any authority pertaining to any
period prior to the transfer of the said flat in the names of
the Transferees, the Transferor hereby agree to indemnify
the Transferees against such claims by settling such claims
from their own funds only and taking all the legal
responsibilities upon him.
 7

(13) The Transferor hereby undertakes and declare that in case

any nomination, assignment, lien or charge in respect of
the said flat and the said shares has been made and/or
Created by the Transferor and/or any one claiming through
him prior to this day, in favour of any person or persons
other than the said Transferees, the same shall after the
execution of THESE PRESENTS, deemed to be in-
operative, null, and void, and not binding upon the said
Society / Builders and/or the Transferees.

(14) Subject to provision of Clause No. 2 above of this

Agreement, the Transferor agrees to transfer said shares
and his interests in the said flat to the Transferees and the
Transferees are entitled to hold, possess, occupy and enjoy
the said flat without any let, hindrance, denial, demand,
interruption or eviction by the Transferor or any other
persons lawfully or equitably claiming through under or in
trust for the Transferor. Transferor hereby further declare

that he has full right and absolute authority to enter into

this Agreement and transfer the said flat and that he has
not done or performed any act, deed, matter or things
whatsoever whereby they may be prevented from entering
into this Agreement as purported to be done hereby or
whereby the Transferees hereof may be obstructed,
prevented or hindered in enjoying the rights to be
conferred or transferred or assigned in their favour or
whereby quiet and peaceful enjoyment, possession of the
Transferees in respect of the said flat may be disturbed. In
the event, it is being found that the Transferor was not
entitled to enter into this Agreement and transfer his
rights, sought or purported to be transferred hereby and the
Transferees are not able to enjoy quiet and peaceful
 8

possession of the said flat due to any such reasons, the

Transferor shall within the limit of the consideration
received mentioned hereinabove, shall be liable to
compensate, indemnify and/or reimburse the Transferees
all the loss or damage, which the Transferees may suffer
or sustain in this behalf.

(15) The Transferor hereby undertakes to furnish any other

documents, which may be required by the Transferees to
make the title of the said flat complete and absolute
without claiming any extra charges or compensation. The
Transferor also agrees and undertakes to sign any other
documents or forms for the payment of Stamp duty and
Registration charges to be paid on this Agreement by
Transferees.

(16) The Transferor hereby declares that on execution of this

Agreement for Sale, he has simultaneously made an
application in requisite Form No. 20(A) and 20(B), to the
above said Society for the grant of its NOC as per the
prevailing rules and regulations, signed by both the parties
hereto. The Transferor shall on or before ______________
obtain the NOC as per the format given by Housing Loan
from the concerned authorities said society for the transfer
of the said flat and the said five shares to the Transferees.

(17) On payment of the entire consideration mentioned in the

Clause No- (2) hereinabove, all monies lying in deposit
with the said society shall stand transferred in the name of
the transferees.
 9

(18) This Agreement for Sale has been executed in Mumbai,

the property is situated at Mumbai, and the payments are
made in Mumbai, hence it is subject to jurisdiction of
Mumbai Courts of Law.

THE SCHEDULE OF THE FLAT ABOVE REFERRED TO:-

The Transferor herein agrees to transfer in favour of

Transferees together with right, title and interest in the
Flat No-__, ________ Floor, the building known as
_____________, ‘along with five fully paid up shares of
Rs. _____/- each bearing distinctive Nos. _____to _____
(both inclusive), under Share Certificate No.__, issued by
__________________Co-op. Housing Society Ltd. , Plot
No.____, Survey No. ________, C.T.S. No. ___________,
situated at _______________________________,
__________________________________________

And further details of which as under:

1. Year of Construction: ______________________

2. Area of flat: ________ Sq.ft. (Built up Area)

Equivalent to _______- Sq.Mtrs. built up area

3. No. Of floor of building: __________________ Floor

Without lift

4. Municipal / Ward No.: __________________________.

 10

5. Address of Flat : Flat No. _, _____ Floor, __ Wing,

____________ Co-operative Hsg.
Soc. Ltd., Plot No. ___, situated at
___________________________
___________________________

IN WITNESS WHEREOF the parties hereto have put and

subscribed their respective hands and seals the day and year first
hereinabove mentioned:

SIGNED AND DELIVERED by the )

Within named – TRANSFEROR

Mr./Mrs. ________________________

In the presence of )

1.
 11

SIGNED AND DELIVERED by the )

Within named – TRANSFEREES

(1) (Mr. /Mrs. __________________________)

and

(2) (Mr. /Mrs. ___________________________)

In the presence of )

1.

2.

RECEIPT
RECEIVED of and from the within named TRANSFEREES, (1)
Mrs. __________________ and (2) Mr. ________________a
sum of Rs. _______ /-(Rupees:-____________________ only)
as Part Payment/ consideration of the sale and transfer of the Flat
No. ___,____ Floor, ________, of the ___________Co-
operative Hsg. Soc. Ltd., Plot No._____, Survey No.
__________, C.T.S. No. _______, situated at
_______________________, as under:

Sr.No. Cheque No. Dated Drawn On Amount

 12

============
Rs. ___________/-
(Rupees: - _____________________________________Only)

I Say Received,

(Mr./Mrs.__________________)
Witnesses: -

1.

2.