Agreement for Sale of an Apartment
This
Agreement made at ....................... this .............. day of
.............., 2000 between A, son of .............................. resident
of ........................ hereinafter referred to as the Vendor of the ONE
PART and B, son of ................... resident of ....................
hereinafter referred to as the Purchaser of the OTHER PART.
Whereas
the Vendor is absolutely seized and possessed of the land bearing Plot
No............................ situated at ....................................... and
hereinafter referred to as the said land and more particularly described in the
Schedule 1 hereunder written;
And
Whereas the Vendor proposes to develop the said land and for that purpose
obtained permission of the Competent Authority under section ........... of the
Urban Land (Ceiling and Regulation) Act vide his Order No
......................... dated .......................;
And
Whereas the Vendor has submitted the building plans to the ....................
Municipal Corporation, which have been approved by the ....................
Municipal Corporation vide letter No ............................ dated
............. subject to certain conditions laid down in the said letter;
And
Whereas the Vendor has started the construction of the buildings as per the
building plans approved by the .................... Municipal Corporation
enclosed herewith at Annexure 1;
And
Whereas the Vendor has agreed to sell one apartment on the ...............
floor in the building No................. being constructed and having the
specifications mentioned in the Schedule 11 hereunder written at a price of Rs
................... (Rupees ................................. subject to the
terms and conditions hereinafter appearing.
And
Whereas the Purchaser has inspected the documents relating to the land, the
order of the Competent Authority, site plans approved by the
.................... Municipal Corporation and is satisfied about the Vendor's
title to the said property and the site plans of the proposed buildings;
And
Whereas the title of the Vendor to the said property has been certified to be
clear, marketable and free from encumbrances by M/s.
................................. Solicitors and Advocates...................
and a copy of the said title certificate is hereto annexed at Annexure II ;
And
Whereas the Vendor has agreed to sell and the Purchaser has agreed to purchase
the Apartment No.................on the............. floor in the building
No.................... hereinafter referred to as the said Apartment on the following
terms and conditions.
Now
this Agreement Witnesseth and it is Hereby Agreed by and Between the Parties as
Follows:
The
Vendor shall construct the said building on the said plot of land, more
particularly described in the Schedule 1, in accordance with the plans, designs
and specifications approved by the .................... Municipal Corporation
and which have been seen and approved by the Purchaser and kept by the Vendor
at the office of M/s. ...................... Architects at
......................... for inspection. The Vendor shall be entitled to make
such variations and modifications as he may consider necessary or as may be
required by the .................... Municipal Corporation of the Government of
................. or any local authority.
2. The
Vendor agrees to sell and the Purchaser agrees to purchase the Apartment
No.......................... on ........... floor in the building No
................ of Carpet Area admeasuring ............. sq. metres as
delineated on the plan thereof hereto annexed and marked Annexure Ill and
thereon shown surrounded by green coloured boundary line at or for a sum of Rs
........... (Rupees ......................... ). The Purchaser agrees that out
of the said amount of Rs ................... to be paid by him to the Vendor, a
sum of Rs............ has been paid by the Purchaser to the Vendor on the
execution of these presents (the payment and receipt the Vendor doth hereby
admit and acknowledge) and the balance will be paid by installment as follows:
1. Rs
.......................... on or before ..........................
2. Rs
.......................... on or before ..........................
3. Rs
.......................... on or before ..........................
4. Rs
.......................... being the final balance on the delivery of
the
apartment by the Vendor to the purchaser. the amounts payable under these
presents are not paid within the time stipulated, the Purchaser will be liable
to pay interest at the rate of 18% per annum from the due date of payment to
the date of payment.
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3. The
Vendor shall deliver the possession of the apartment to the Purchaser on or
before ................... day of ..............., 2000. The vendor shall
obtain the completion and occupation certificate in respect I the said
apartment from the .................... Municipal Corporation. The purchaser
shall take possession of the apartment within one week of ) a receipt of the
notice of the Vendor to the Purchaser that the said apartment is ready for use
and occupation and that the completion certificate and occupation certificate
has been obtained from the .................... Municipal Corporation;
Provided
that the Vendor shall be entitled to reasonable extension time for delivery of
possession of the Apartment on the aforesaid ate, if the completion of the said
building is delayed on account of non- availability of steel, cement, other
building material, water or electric supply or on account of war, civil
commotion or act of God or any notice, order, rule, notification of the
Government, .................... Municipal Corporation and/or other public or
competent authority or on account of non-issue of building completion or
occupation certificate - water or electricity connection or on account of any
order of any Court affecting the construction work of the building. he Vendor
will deliver the possession of the apartment to the Purchaser only if the
Purchaser has paid all the amounts payable by him under this Agreement to the
Vendor and if he has duly observed and performed all obligations and
stipulations contained in this Agreement and on his part to be observed and performed.
4. The
Purchaser hereby declares and undertakes that he shall have no claim, save and
except in respect of the said Apartment hereby agreed to be purchased by him
and the Vendor shall continue to be entitled to the property in all the
structures on the said land, open spaces, parking places, lobbies, staircases,
lifts, terrace, etc., until all the apartments are transferred to the
purchasers and the Declaration of Deeds of Apartment is executed and the
condominium is formed as provided in the .............. Apartment Ownership Act.
5. Till
the Purchaser takes the possession of the Apartment, the Purchaser shall be
liable to pay a sum of Rs . ................. per month as his share on account
of rates, taxes, assessments, dues, duties and impositions of any kind or
nature whatsoever in respect of the said land or the building constructed
thereon or any part thereof payable to the Government of ....................,
.................... Municipal Corporation or any other authority and wages of
watchmen, sweepers, mali, and other expenses of common benefit. After the
Purchaser takes the possession of the Apartment, he shall be liable to
contribute proportionate share for common expenses as aforementioned, as
decided by the Association of the Apartment Owners from time to time.
6. The
Vendor agrees that he shall comply with the provisions of section 10 of the
.................... Ownership Flats (Regulation of the Promotion of
Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to
as the .................... Apartment Ownership Flats Act, 1963) and the
.................... Apartment Ownership Act, 1970 and shall execute a
Declaration as provided by section 11 of the .................... Apartment
Ownership Act, 1970 and register it with the Registering Officer under Indian
Registration Act and the Purchaser hereby agrees that he shall join and form an
association of all the apartments in the said building as contemplated by the
.................... Apartment Ownership Act.
7. The
Vendor shall convey and assign all rights, title and interest in each apartment
to each purchaser after the completion of building and on receipt of all
payments, price, deposits payable by the Purchasers to the Vendor in respect of
all apartments/car parking spaces and other premises in the said building.
8. The
Purchaser shall on or before the delivery of possession of the said apartment
keep deposited with the Vendor a sum of Rs. ................. towards legal
charges, expenses of formation of Association and execution of these presents
and other documents a required to be executed. The Purchaser shall also be
liable to pay expenses on account of stamp duty and registration charges in
respect of the Deed of Apartment.
9. Any
delay or indulgence on the part of the Vendor in enforcing any of the terms of
this Agreement or any forbearance or giving time by the Vendor to the Purchaser
shall not be considered as a waiver on the part of the Vendor and he shall be
entitled to take action against the Purchaser for the breach or non-compliance
of any terms and conditions of this Agreement by the Purchaser.
10. The
Purchaser shall not be entitled to let, mortgage, create charge or assign the
said Apartment, pending the transfer of apartment, to him without the consent
of the Vendor in writing. etc.
11. The
Purchaser shall use the apartment or any part thereof or permit the same to be
used only for the purpose of residence and the Purchaser hereby covenants with
the Vendor as follows.-
a. He
shall maintain the apartment at his own cost in good tenantable repair and
condition from the date of taking over possession of the apartment and shall
not do or suffered to be done anything in or to the building in which the
apartment is situated, staircase or any passage which may be against the rules,
regulations, or bye-laws of .................... Municipal Corporation or any
other authority or change/alter or make addition in or to the building in which
the apartment is situated and the apartment itself or any part thereof.
b. He
shall not demolish or cause to be demolished the apartment or any part thereof
nor at any time make or cause to be made any addition or alteration of whatever
nature in or to the apartment or any part thereof.
c. He
shall observe and perform all the rules and regulations which the Association
of Apartment Owners may adopt at its inception and the additions, alterations
or amendments thereof that may be made from time to time for protection and
maintenance of the said building and the apartments therein. The Purchaser
shall also observe and perform all the stipulations and conditions laid down by
the Association of Apartment Owners regarding the occupation and use of the
Apartment in the building and shall pay and contribute regularly and punctually
towards the taxes, assessments, dues, duties and impositions, expenses or other
outgoings in accordance with the terms of this Agreement.
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13. The
Vendor hereby covenants with the Purchaser as under:-
a. Subject
to the Purchaser paying all sums payable to the Vendor under this Agreement and
performing and observing the terms and conditions of this Agreement, the
Purchaser shall be entitled to peaceably hold and enjoy the Apartment without
any interference or obstruction by the Vendor on any person claiming under or
in trust for the Vendor.
b. The
Vendor shall maintain a separate account in respect of sums received by the
Vendor from the Purchasers of the Apartments as advance or deposit sums
received on account of the legal charges and execution of other documents
required to be executed, and shall utilise the amounts only for the purposes
for which they have been received and after transfer of the said property, the
balance amounts shall be paid and transferred by the Vendors to the flat
purchasers.
c. The
Vendor shall pay all outgoings, including ground rent, taxes, assessments,
dues, duties, impositions and outgoings upto the date of delivery of the
possession to the flat owners and transfer of the building is complete.
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14. The
Deed of Apartment shall be made and executed by the Vendor, and other persons
having any right or interest in the said property.
15. If
before the completion of transfer of the building, the building including the
apartment is notified by the Government under the Land Acquisition Act or any
other law for the time being in force for acquisition or requisition, the
Purchaser shall not be entitled to cancel this agreement and in case of
acquisition of the building including the said apartment, the Purchaser shall
be entitled to a proportionate part of the compensation if and when awarded by
the Government or any other authority. If the said apartment is requisitioned
by the Government or any other authority, the Purchaser shall be entitled to
the compensation awarded by the requisitioning authority in respect of the
apartment.
16. This
Agreement shall not be construed as a grant, demise or assignment in law of the
said apartment or of the said land and building or any part thereof.
17. The
Purchaser shall execute a Deed of Declaration in the prescribed form along with
or prior to the execution of Deed of Apartment to the effect that he submits
his apartment to the provisions of the .................... Apartment Ownership
Act.
18. The
Sale of the said Apartment shall be subject to the provisions of
.................... Apartment Ownership Act and rules made thereunder.
19. The
Vendor shall be entitled to construct additional building or buildings in the
said land, if any additional Floor Space Index (FSI) becomes available before
the completion of the transfer of the said )and with buildings and allowed by
the .................... Municipal Corporation and the Vendor shall be
authorised to sell the same and the Purchaser will not be entitled to any
right, benefit or interest on the same.
20. All
notices to be served on the Purchaser as contemplated by this Agreement shall
be deemed to have been duly served to the Purchaser by Registered Post A.D. at
his address specified below:
Viz......................................
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21. This
Agreement shall be executed in triplicate. The original copy shall be lodged
for registration by the Purchaser and the vendor shall admit execution before
the Sub-Registrar and the Second and Third copy shall be retained by the
Purchaser and vendor respectively. The original copy of this Agreement will be
received by the Purchaser from the Registrar as and when ready after
registration.
IN
WITNESS WHEREOF the parties hereto have hereunto put their respective hands the
day and year first hereinabove mentioned.
The
Schedule I above referred to
The
Schedule II above referred to
Annexure
I
Annexure
II
Annexure
Ill
Signed
and delivered by the within named Vendor
Signed
and delivered by the within named Purchaser
WITNESSES;
1.
2.
