Deed of Conveyance of
a Property Exclusive of a Flat or Floor in the Building
This Deed Of
Conveyance is made at ....... this ....... day of ...... between Mr ........
hereinafter referred to as the 'Vendor' of the One Part and Mr ........
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 Schedule hereunder written.
And Whereas the said
building consists of a ground floor and two upper floors and the ground floor
is occupied by the Vendor himself with his family members and the upper floors
And Whereas the
Vendor has agreed to convey or transfer by way of sale the said land and
building but exclusive of the ground floor of the building to the Purchaser and
the Purchaser has agreed to so purchase the same at the price and on the terms
and conditions hereinafter mentioned.
And Whereas the said
land and building (exclusive of the ground floor premises) is valued at Rs
........ and stamp duty thereon/market value thereon fixed at Rs ........ is
NOW THIS DEED
WITNESSETH that pursuant to the said agreement and In consideration of the sum
of Rs ........ (Rupees ....... ) paid by the Purchaser to the Vendor as earnest
on the day of ....... and the balance of Rs ....... paid on the execution of
these presents making together the sum of Rs . . . . . . . .(Rupees . . . . . .
.) being the full consideration agreed to be paid by the Purchaser to the
Vendor (receipt whereof the Vendor doth hereby admit) He the Vendor doth hereby
convey or transfer by way of sale the said piece of land with the
building/structures standing thereon situate at ....... and more particularly
described in the Schedule hereunder written and all things permanently attached
thereto and standing thereon together with the benefit of all privileges,
casements, profits, advantages, rights and appurtenances whatsoever to the said
land and premises or any part thereof belonging or in anywise appertaining
thereto (but exclusive of the whole of the ground floor built up portion or
part of the said building in the occupation of the Vendor and all rights and
appurtenances belonging thereto which will continue to belong to the Vendor as
owner) and all the other estate, right, title and Interest of the vendor
whatsoever at law or otherwise to the said land and building and other premises
hereby conveyed (but exclusive of the ground floor portion as aforesaid) TO
HAVE AND TO HOLD the same and the other premises hereby conveyed (but exclusive
as aforesaid) unto and to the use of the Purchaser for ever and absolutely
subject to the payment of all rents, rates, taxes, assessment dues and duties
now chargeable and payable and t at may become chargeable and payable from time
to time hereafter in respect of the said land and premises hereby conveyed (but
excluding those relating to the ground floor portion of the said building) to
the Government or the Municipal Corporation (or Council) or any other local or
for the beneficial enjoyment of the said land and other premises hereby
conveyed to the Purchaser and of the ground floor portion of the said building
retained by the Vendor. by the respective parties to whom they shall belong it
is agreed and covenanted by and between the parties hereto as follows;
1. The Purchaser hereby
grants to the Vendor and the Vendor 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 Vendor 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 Vendor shall be
liable to pay to the Purchaser the proportionate expenses incurred by the
Purchaser for carrying out any repairs to the said building including the said
flat or ground 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 Vendor 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 Vendor will have no right or
5. The said building
shall be insured by the Purchaser in the joint names of the Purchaser and
Vendor 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 ground floor flat being destroyed or damaged by fire the
Vendor will be entitled to the proportionate share in the insurance money paid
by the insurance company. The Vendor shall also pay to the Purchaser the
proportionate share in the yearly premium payable to such company.
6. The charges payable
in respect of Water and Electricity in respect of the said flat or ground floor
premises hereby retained by the vendor and excluded from the transfer to the
purchaser will be borne by the Purchaser alone and the same if common to the
whole building will be paid by the Purchaser and the Vendor proportionately.
7. The Vendor shall also
be liable to pay to the Purchaser proportion- ate 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
8. The Vendor shall
carry out promptly all maintenance and repair work of the said flat or ground
floor premises which if omitted would he 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 Vendor's failure to do so may endanger or result.
9. All the repairs to
the Internal Installations of the said flat or ground floor premises hereby
retained by the Vendor and not transferred to the purchaser 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 Vendor.
10. The Vendor shall not
make any structural modifications or alterations in the said flat and the
Installations located therein which will affect or damage any other portion of
the said building without notifying the Purchaser in writing at least two weeks
before the commencement of such work.
11. The Purchaser shall
permit the Vendor 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 ground floor flat provided that such request
for entry is made in advance and that such entry is convenient to the Purchaser
except in case of emergency.
12. The Vendor shall not
install wiring for electrical or telephone Installation. television antenna,
machinery or air-conditioning units etc., on the exterior parts of the said
ground floor flat or in common areas without the consent of the Purchaser which
will not be unreasonably refused.
13. The Purchaser 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
14. Each of the parties
will not do or cause to be done any act of omission or 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 Vendor and without his approval.
16. If the Purchaser
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 Vendor will be entitled to carry out the same and
in that event the Purchaser will he liable to pay the proportionate part
thereof to the Vendor.
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 ground floor premises hereby transferred.
18. The expression
‘Purchaser' or 'Vendor' used includes their respective heirs, executors
administrators and assigns.
19. Any amount payable by
the Purchaser to the Vendor or by the Vendor to the Purchaser 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 Vendor shall
continue to be the full owner of the said ground floor flat and subject to what
is provided above his ownership will be veritable 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 land and the building
thereon (excluding the ground floor flat as aforesaid) 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 premises conveyed to him
as aforesaid 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 land and other premises hereby conveyed 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
land and 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 and 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 land and 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 parties have put their hands the day and year first herein written.
THE SCHEDULE ABOVE
(description of the
Signed and delivered
by withinnamed Vendor
in the presence of
Signed and delivered
by withinnamed Purchaser
In the presence of