Deed of Conveyance of
a Part of The Building
This Deed of
Conveyance (or Transfer) 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 land with building thereon situate at .... ... and more particularly
described In the 1st Schedule hereunder written.
And Whereas the said
building consists of a ground and two upper floors each floor having one
independent flat or block used for residence and the floor or the flat on the
first floor is vacant and is described more particularly in the 2nd Schedule
hereunder written (hereinafter referred to as the said Flat). The ground floor
Is occupied by a tenant of the vendor and second floor flat is occupied by the
vendor and his family.
And Whereas the
Purchaser has requested the Vendor to transfer to him the said flat or the
first floor premises on ownership basis and which the Vendor has agreed to do
at the price and in the manner hereinafter appearing.
NOW THIS DEED
WITHNESSETH that pursuant to the said agreement and In consideration of the sum
of Rs ........ (rupees ....... ) paid by the purchaser to the Vendor (receipt
whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and
transfer by way of sale on ownership basis the said flat or first floor
premises described An the Second Schedule hereunder written and situate in and
forming part of the building standing In the said piece of land described in
the First Schedule hereunder written, together with the benefit of all things
permanently attached thereto
And forming part
thereof namely the floor, at the first floor level, outer walls of the said
flat or premises and all internal construction, fittings and fixtures and
flooring and upper ceiling and all privileges, casements. profits, advantages
rights and appurtenances and all the estate right, right title and Interest use
possession benefit claim and demand whatsoever at law or otherwise of the
Vendor to the said flat or first floor premises and other the premises hereby
transferred and every part thereto TO HAVE AND TO HOLD the same unto and to the
use of the purchaser absolutely subject however to the proportionate liability
for payment of all taxes, rates, assessment, dues and duties now charged and
payable and that may become chargeable and payable from time to time hereafter
in respect of the said flat to the Government or Municipal Corporation (or
Council) or any other public body or local authority in respect thereof.
And
for the beneficial enjoyment of the said flat or first floor premises as well
as of the said land and the remaining part of the said building by the
respective parties to whom they shall belong. It is hereby mutually agreed and
covenanted by and between the Parties hereto as follows -
1. The Vendor hereby
grants to the Purchaser and the Purchaser shall have the right in common with other
occupants of the said building to pass and re-pass over the passage from the
main door of the said flat leading to the staircase and over the staircase and
the ground floor passage leading to the main road on which the said building
abuts at all the time during day and night.
2. The Purchaser shall
have no right to use the said passage or any other area outside the flat for
storing any material whatsoever or to use it for any other purpose.
3. The Purchaser shall
be liable to pay to the Vendor the proportionate expenses incurred by the
Vendor for carrying out any repairs to the said building including the said
flat or first floor premises for painting or whitewashing the outside walls
including expenses for repairs to the water, electricity and drainage connections
and amenities and which repairs will be of a nature common to or for the
benefit or advantage of the whole building and for the maintenance and upkeep
of the said whole building.
4. The Purchaser will
have no right or claim to the said land on which the said building stands or
any part thereof and in the event of the complete destruction of the building
by fire or earthquake or any other calamity, the purchaser will have no right
or claim thereto.
5. The said building
shall be insured by the Vendor In the joint names of the Vendor and Purchaser
for such amount as will be equal to the cost of construction thereof for the
risk as to 'destruction' due to fire and in the event of the said building
Including the said flat being destroyed or damaged by fire the Purchaser will
be entitled to the proportionate share In the insurance money paid by the
insurance company. The Purchaser shall also pay to the Vendor the proportionate
share in the yearly premium payable to such company.
6. The charges payable
in respect of Water and Electricity An respect of the said flat or first floor
premises hereby transferred will be borne by the Purchaser alone and the same
if common to the whole building will be paid by the Vendor and the purchaser
proportionately.
7. The Purchaser shall also
be liable to pay to the Vendor proportionate expenses Incurred for common
expenses by way of sweepers wages, watchmen's wages if any or otherwise as any
may be required to be incurred for the maintenance and protection of the said
building.
8. The Purchaser shall
carry out promptly all maintenance and repair work of the said flat or first
floor premises which if omitted would be a danger to the other parts of the
said building or any part thereof and will be responsible for the damages and
liabilities that the Purchaser's failure to do so may endanger or result.
9. All the repairs to
the Internal Installations of the said flat or first floor premises hereby
transferred such as water, light and gas, power sewage, telephones,
airconditioners, sanitary installations, doors, windows, lamps and all other
accessories belonging to or forming part of the said flat shall be at the
expense of the Purchaser
10. The Purchaser shall
not make any structural modifications or alterations in the said fiat and the
installations located therein which will affect or damage any other portion of
the said building and without notifying the Vendor in writing at least two
weeks before the commencement of such work.
11. The Vendor shall
permit the Purchaser or his representative. when so required, to enter any part
of the said land and building for the purpose of fixing any installations,
making alterations or repairs to the said flat provided that such request for
entry is made in advance and that such entry Is convenient to the Vendor. except
In case of emergency.
12. The purchaser shall
not Install wiring for electrical or telephone installation. television
antenna, machinery or air-conditioning units etc., on the exterior parts of the
said flat or in common areas without the consent of the Vendor which will not
be unreasonably refused.
13. The Vendor will also
not carry out any structural repairs or modifications to the said building
which will cause any damage to the said flat externally or internally unless
such repairs or modifications are absolutely necessary for the maintenance of
the building or are required to be carried out by any legal authority.
14. Each of the parties
will not do or cause to be done any act or omission of commission, which would
cause nuisance or annoyance to the other.
15. No expenses for
repairs or other purposes mentioned above will be incurred without the prior
notice to the Purchaser and without his approval.
16. If the Vendor fails
to carry out any repairs as agreed and which are required to be carried out or
required by the Government or Municipality or other local authority within a
reasonable time, the Purchaser will be entitled to carry out the same and in
that event the Vendor will be liable to pay the proportionate part thereof to
the Purchaser.
17. The proportion of the
expenses and other liabilities mentioned above would mean the proportion which
the total built up area on the said land bears to the built up area of the said
flat or first floor premises hereby transferred.
18. The expressions
'Vendor' or 'Purchaser' used include their respective heirs. executors
administrators and assigns.
19. Any amount payable by
the Vendor to the Purchaser or by the Purchaser to the Vendor under these
presents will be a charge on the portion of the said building belonging to him
and such charge can be enforced by the other, by sale of such portion of the
said property through court.
20. All the agreements or
covenants hereinbefore mentioned as given by the parties hereto to each other
shall be attached to and run with their respective portions of the said property
to which may relate.
21. The Purchaser shall
be the full owner of the said flat and subject to what is provided above his
ownership will be heritable and transferable.
II. AND THE VENDOR
HEREBY COVENANTS WITH THE PURCHASER AS FOLLOWS
1.
That
the Vendor has in himself good right and full power to transfer the said flat
or first floor premises on ownership basis In the manner aforesaid.
2.
The
Purchaser may from time to time and at all times hereafter peaceably and
quietly enter upon and exclusively occupy or possess and enjoy the said flat or
first floor premises with the appurtenances and receive the rents, income and
profits thereof if any for his own use and benefit without any suit lawful
eviction or Interruption. claim or demand whatsoever from or by the vendor or
his heirs, executors, administrators or assigns or by any person or persons
claiming or to claim from or In trust for them or any of them.
3.
The
Purchaser shall hold the said flat or 1st floor premises freely and clearly and
absolutely exonerated and for ever released or discharged or otherwise by the
Vendor and well and sufficiently saved, defended kept. harmless and indemnified
of, from or against all former and other estates, title, charges or
encumbrances whatsoever made occasioned or suffered by the Vendor or by any
other person or persons by, from, under. or. in trust for him.
4.
The
Vendor and all persons having or claiming any estate, right, title or interest
in the said flat or first floor premises hereby transferred by, from, under or
In trust for the Vendor or his heirs, executors administrators or assigns or
any of them shall and will from time to time and at all times hereafter at the
request and cost of the Purchaser do an execute or cause to be done and
executed all such further and other lawful acts, deeds and things In the law
whatsoever for the better and more perfectly and absolutely granting the said
flat or first floor premises unto and to the use of the Purchaser In manner
aforesaid as by the Purchaser, his heirs, executors or administrators or
assigns shall be reasonably required.
IN WITNESS WHEREOF
the Vendor and the Purchaser have put their hands the day and year first
hereinabove written.
THE FIRST SCHEDULE
ABOVE REFERRED TO
(Description of the
whole property)
THE SECOND SCHEDULE ABOVE
REFERRED.
(Description of the
Flat Including Its built up area,
accommodation,
boundaries, floor No. etc.)
Signed and delivered
by the withinnamed Vendor Mr .......
In the presence of
.......
Signed by the
withinnamed Purchaser Mr ........
In the presence of
.......
