Deed of Conveyance
Subject to Right of Way
This Deed of
Conveyance is made at ... this ... day of ... between Mr 'A' of ...
(hereinafter referred to as the 'Vendor') of the One Part, and Mr 'B' of ...
(hereinafter referred to as 'the Purchaser') of the Other Part
whereas the Vendor is
absolutely seized and possessed of or otherwise well and sufficiently entitled
to the piece of land situate at ... and more particularly described in the
First Schedule hereunder written.
and whereas on a
portion of the land there is a Bungalow which is occupied by the Vendor.
and whereas another
portion of the said land exclusive of the land occupied by the said Bungalow
and surrounding area necessary for the enjoyment of the Bungalow is completely
vacant and Is not necessary for the enjoyment of the said Bungalow and is
separated by sub division of the said land approved by the Town Planning
and whereas the
Vendor has agreed to sell the said last mentioned portion of the land to the
Purchaser subject to reserving a right of way or passage on the Eastern
boundary of the said portion for the Vendor to pass and re-pass from the said
Bungalow to the public road on which the said land is abutting.
and whereas the said
portion of land agreed to be sold is shown on the plan of the whole of the said
land, by red coloured boundary line, and Is more particularly described in the
Second Schedule hereunder written and the said passage is shown by colour burnt
sienna on the said plan hereto annexed and marked Annexure 'A'.
and whereas the
Vendor has agreed to sell the said portion of the land described in the Second
Schedule hereunder written to the Purchaser at the price of Rs... and has
received from the Purchaser a sum of Rs... as earnest money on the execution of
the said Agreement.
and whereas the
Purchaser has requested the Vendor to execute these presents which he has
agreed to do.
and whereas for the
purposes of stamp duty the consideration/ market value is fixed at Rs ........
NOW THIS DEED
WITNESSETH that pursuant to the said agreement and in consideration of the sum
of Rs... paid as earnest money as aforesaid and of Rs... paid on or before the
execution of these presents, making together the said sum of Rs... agreed to be
paid by the Purchaser to the Vendor (receipt whereof the Vendor hereby admits)
he, the Vendor doth hereby convey and transfer by way of sale unto the
Purchaser all that piece of land situate at ... in the Registration Sub
District of ... and more particularly described in the Second Schedule
hereunder written and delineated on the plan thereof hereto annexed, by red
coloured boundary line (being a part of the land described in the First
Schedule hereunder written) TOGETHER WITH ALL the things permanently attached
thereto or standing thereon and all the privileges, casements, profits, rights
and appurtenances whatsoever to the said land or any Part thereof belonging or
anywise appertaining thereto and ALL the estate, right, title. Interest, use,
possession, benefit, claim and demand whatsoever at law or otherwise of the
Vendor to the said piece of land hereby conveyed and every part thereof TO HOLD
the same unto and to the use and benefit of the Purchaser absolutely and
forever, subject to the payment of all the proportionate rents, rates. taxes,
assessments, dues and duties now chargeable and payable and that may become
chargeable and payable from time to time hereafter in respect of the same to
the Government or the Municipal Corporation of ... or any other public body or
local authority In respect thereof And Subject to the right of way of the
Vendor Including that of the Vendor's agents, servants, family members and
visitors and his heirs executors administrators and assigns to pass and re-pass
over the said passage on the piece of land hereby conveyed and leading from the
said Bungalow of the Vendor to the public road known as ... by night and day on
foot or by vehicles and it is provided that the said passage will be kept open
and unbuilt upon and without any obstruction by the Purchaser. his heirs,
executors, administrators and assigns.
AND the Vendor doth
hereby covenant with the Purchaser that,
Vendor now has in himself good right and full power to convey and transfer by
way of sale the said piece of land described In the Second Schedule hereunder
written hereby conveyed or intended so to be unto and to the use of the
Purchaser in the manner aforesaid,
Purchaser may from time to time and at all times hereafter peaceably and
quietly enter upon, occupy or possess and enjoy the said piece of land, hereby
conveyed with Its appurtenances, and receive the rents, issues and profits
thereof and every part thereof for his own use and benefit without any suit,
lawful eviction, or interruption, claim and demand whatsoever from or by him
the Vendor or his heirs or any of them or by any person or persons claiming or
to claim, from, under or in trust for him or any of them. but subject to the
said right of way.
Purchaser shall, subject to what is provided hereinabove, hold the said land
free and clear and freely and clearly and absolutely exonerated, and forever
released and discharged or otherwise by the Vendor and well and sufficiently
saved, defended, kept harmless and indemnified of from and against all former
and other estates, titles, charges, and encumbrances whatsoever made occasioned
and suffered by the Vendor or by any other person or persons claiming or to
claim by, from, under or in trust for him,.
Vendor and all persons having or claiming any estate, right, title or interest
in the said land, hereby conveyed or any part thereof by. from, under or in
trust for the Vendor or his heirs. executors, administrators and assigns or any
of them shall and will from time to time and at all times hereafter at the
request and costs of the Purchaser do and execute and cause to be done and
executed all such further and other lawful acts. deeds, things, in the law
whatsoever for the better and more perfectly and absolutely granting the said
land, and premises and every part thereof hereby conveyed unto and to the use
of the Purchaser In manner aforesaid as by the Purchaser, his heirs, executors,
or administrators and assigns shall be reasonably required.
IN WITNESS WHEREOF
the Vendor has put his hand the day and year first hereinabove written.
THE FIRST SCHEDULE
ABOVE REFERRED TO:
THE SECOND SCHEDULE
ABOVE REFERRED TO:
Signed and delivered
by the withinnamed Vendor Mr.... in the presence of
RECEIVED the day and
year first hereinabove written from the abovenamed Purchaser the sum of Rs. ...
which together with the sum of Rs. ... received as earnest money as aforesaid
makes up the sum of Rs. being the full consideration to be paid by him to me.
I say received.