Deed of Indemnity by the Seller of a Flat to the Purchaser about the defence in Title
This Deed of
indemnity is made at ....................... on this ............. day of
........................, 2000, between Shri A, son of B, resident of
................... hereinafter called "the Seller" (which expression
shall, unless it be repugnant to the context or the meaning thereof mean and
include his heirs, executors, administrators and assigns) of the One Part and
Shri C, son of D, resident of ............................... hereinafter
called "the Purchaser" (which expression, unless it be repugnant to
the context or the meaning thereof mean and include his heirs, executors,
administrators and assigns) of the Other Part.
Whereas the Seller
has entered into an agreement with the Purchaser for selling House
no................ constructed on the Plot No................... Survey No.
.............. situated at …………………………………............... in the Registration
District and Sub-District of .....................
And Whereas the
Seller has represented that his title to the said house is clear, marketable
and free from encumbrances, but the owner has misplaced the sale deed dated
...................... executed by Shri ............................ in favour
of the Seller and other title documents to the said house.
And Whereas the
Seller has represented that he has not created any charge, mortgage or
encumbrance over the said house and has requested the Purchaser to purchase the
said house without insisting upon the title deeds of the said house upon the
seller giving an indemnity indemnifying the purchaser from any demand, claim,
action or rights from any person claiming to be entitled to any right, title or
interest in the said house and/or in the event of anybody claiming any charge,
lien, mortgage or encumbrance on the basis of deposit of title deeds.
And Whereas the
Purchaser has agreed to purchase the said house without insisting on the title
deeds of the said house, upon the said seller agreeing to indemnify the
Purchaser in the manner hereinafter referred to.
Now This Deed
Witnesseth As Follows:
1. That in pursuance
of the said agreement and in consideration of the Purchaser not insisting for
the title deeds and other documents in respect of the said house, the Seller
hereby covenants with the Purchaser that the Seller will at all times hereafter
indemnify and keep indemnified the Purchaser against all claims, demands,
actions, proceedings, losses, damages, costs, charges and expenses which may be
brought or commenced against the Purchaser or which the Purchaser may or may
have to incur or may have to suffer as a result, direct or indirect, for
non-production by the Seller of the title deeds in respect of the house.
2. The terms "Seller"
and "Purchaser" include their and each of their respective heirs,
successors, executors, administrators and assigns.
IN WITNESS WHEREOF,
the parties hereto have signed these presents on the day and year hereinabove
written.
Signed and delivered
by A, the within named Seller
Signed and delivered
by C, the within named Purchaser
WITNESSES;
1.
2.
