Deed of Mortgage by
This Deed Of Sale
made is at... this ... day of... between Mr. A residing at ... hereinafter
referred to as the Vendor, of the One Part, and Mr. B residing at ...
hereinafter referred to as the Purchaser of the Other Part.
Whereas the Vendor is
seized and possessed of or otherwise well or sufficiently entitled to the land
and premises situate at ... and more particularly described in the Schedule
And Whereas the
Vendor Is In need of money and has requested the Purchaser to advance to him a
sum of Rs. ... which the Purchaser has agreed to do on the Vendor agreeing to
execute this deed of sale in favour of the Purchaser in respect of the said
property in the manner following.
Now This Deed
to the said agreement and In consideration of the said sum of Rs ....... paid
by the Purchaser to the Vendor on the execution of these presents (receipt
whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and
convey unto the Purchaser all the said piece of land with building thereon and
situate at ..... and more particularly described in the Schedule hereunder
written together with all and singular all the things permanently attached
thereto or standing thereon and all the liberties, easements, profits,
privilege. rights. members and appurtenances whatsoever to the said piece of
land and premises belonging or in anywise appertaining to or with the same or
any part thereof and now or at any time hereafter usually held, used, occupied
or enjoyed or reputed as part or member thereof or be appurtenant thereto And
all the estate, right, title. claim and demand of the Vendor into and upon the
said land and other the premises hereby granted TO HOLD the same unto and to
the use of Purchaser subject to what Is hereafter provided and subject to the
payment of rates, taxes. assessments, dues and duties now chargeable upon the
same or which may hereafter become payable in respect thereof to the Government
or the Municipal Corporation or any other local authority.
it is hereby agreed and declared that if the Vendor shall. at any time
hereafter repay to the Purchaser the said sum of Rs ..... within a period of ..
. years that is on or before the ...... day of ...... the grant and transfer of
the said property as hereinbefore provided shall become void and In that event
the Purchaser shall retransfer the said property to the Vendor or his heirs.
executors, administrators or assigns by executing a document of re-sale.
however and it is agreed that, if the Vendor or his heirs. executors,
administrators or assign shall fall to repay the said amount of Rs. ... within
the said period then the grant and transfer of the said property to the
Purchaser hereby made shall become absolute in favour, of the Purchaser his
heirs, executors, administrators or assigns.
the Vendor doth hereby covenants with the Purchaser that –
a. The Vendor has good
right and full power to grant the said land and building hereby granted or
expressed so to be and every part thereof unto and to the use of the Purchaser
in manner aforesaid.
b. That the Purchaser
shall quietly possess and enjoy the said property and receive the rents, Income
and profits thereof without any lawful interruption or disturbance whatsoever
by the Vendor or any person or persons lawfully claiming under from or through
him and shall be at liberty to pay thereout the Govt. revenue and all other
charges of a public nature and all rents if any accruing due in respect of the
said premises during such possession and any arrears of rent in default of
payment of which the said land and premises may be summarily sold and all
expenses incurred for the management of the said premises and the collection of
rents. Income, profits and all other outgoing including costs of repairs of the
c. That the said
premises are free and clear and freely and clearly and forever released and
discharged or otherwise by the Vendor well and sufficiently saved, kept
harmless and indemnified of and from and against all previous and other
estates, title, charges and encumbrances whatsoever had made. executed or
suffered by the Vendor or any other person lawfully claiming under him.
d. That the Vendor and
all persons claiming any estate or Interest In the said premises under him,
shall and will from time to time and at all times hereafter upon the request of
the Purchaser and at the costs of the Vendor do and execute or cause to be done
or executed, all such acts, deeds and things whatsoever for further and more
perfectly assuring all or any of the said premises unto and to the use of the
Put-chaser in such manner aforesaid as shall or may be reasonably required by
IN WITNESS WHEREOF
the Vendor has put his hand the day and year first hereinabove written.
THE SCHEDULE ABOVE
Signed and delivered
by the withinnamed Vendor Mr.
in the presence of