Deed of Apartment
This Indenture made
at .................. this ................ day of ................. 2000,
between A, son of ........................... resident of
...................... hereinafter called the Vendor of the ONE PART and Shri
B, son of .............................. resident of
.............................. hereinafter called the Purchaser of the OTHER
PART.
Whereas the Vendor is
absolutely seized and possessed of the land and premises bearing Plot No.
.................... situated at ........................... and hereinafter called
the said land, more particularly described in the First Schedule hereunder
written.
And Whereas the
Vendor has constructed four buildings on the said land in accordance with the
plan approved by .................... Municipal Corporation, a copy of which is
annexed hereto (at Annexure I) and thereon shown as building Nos. A, B, C and
D.
And Whereas the
buildings consists of 80 residential apartments and the Vendor has agreed to
sell residential apartments in the said buildings to different purchasers and
proportionate undivided share and interest in the said land.
And Whereas the
Vendor has agreed to sell and the Purchaser has agreed to purchase the
proprietary rights in the apartment No. ................. on the
............... floor of building No. A, more particularly described in the
second Schedule hereunder written long with an undivided 1180th ;hare of
interest in the said land, described in the First Schedule Hereunder written
for a price of Rs................ out of which the Purchaser has paid Rs.
.................. as earnest money and part payment of the said purchase
price.
And Whereas the
Vendor has completed the construction of the buildings and obtained completion
and occupation certificates in respect of the buildings from the
.................... Municipal Corporation.
And Whereas the
Purchaser has paid all amounts payable to the Vendor in respect of the
apartment and Vendor has handed over the possession of the Apartment No
..................... on the ................ floor of the building No. A to
the Purchaser on ....................
And Whereas the
Purchaser has satisfied himself about the title of the Vendor in respect of the
said land and M/s............. Solicitors and Advocates ........................
have certified the title of the Vendor vide Title Certificate dated
....................... a copy of which is annexed hereto at Annexure 11.
And Whereas the
Purchaser declares that he has inspected the plans and specifications of the
buildings and a copy of the floor plans of the building filed under section
............ of the .................... Apartment Ownership Act, 1970 and a
Certificate of Architect as required under section 7(1) of the said Act have
been annexed hereto and marked C and D respectively.
And Whereas the
Vendor has submitted the said buildings known as ............ Apartment
together with the said land to the .................... Apartment Ownership
Act, vide the declaration dated ............. as required under section .... of the
.................... Apartment Ownership Act, 1970 and lodged the same for
registration under SL. No. ................... dated ................... of
Book No. 1 under the Indian Registration Act, 1908 and true copy of the same
has been filed with the Registrar of Co- operative Societies being the
competent Authority under the .................... Apartment Ownership Act on
.................
And Whereas this Deed
of Apartment is being executed in terms of section .......of the
.................... Apartment Ownership Act.
NOW THIS INDENTURE
WITNESSETH THAT in pursuance of the said agreement and in consideration of Rs.
................ (Rupees .............................. only) paid by the
Purchaser to the Vendor before the execution of these presents (the receipt
whereof the Vendor hereby admits and acknowledges) the Vendor hereby grants,
transfers, conveys and assures unto the Purchaser ALL THAT the undivided .........th
shares or portion in the land bearing Plot No ..................... situated at
....................................................... more particularly
described in the First Schedule hereunder written and the proprietary rights in
Apartment No. ................... on ................ floor and delineated on
the plans thereof annexed hereto at Annexure Ill and thereon shown surrounded
by red coloured boundary line, in the building No. A of the ..................
Apartments, which said apartment is more particularly described in the Second
Schedule and hereinafter referred to as the said Apartment TOGETHER WITH ........th
undivided interest appurtenant to the said Apartment in the common areas and
facilities of the said land.
And Together with all
the courtyards, areas, compounds, sewers, drains, ditches, fences, trees,
plants, ways, paths, passages, common gullies, wells, waters, water courses,
lights, liberties, privileges, easements, profits, advantages, rights, members
and appurtenances thereto or at any time heretofore usually held, used,
occupied or enjoyed or reputed or known as part or members thereof AND ALSO ALL
the estate right, title, interest, benefit, claim and demand whatsoever both at
law and in equity of the Vendor into out of or upon the ..........th undivided share
in the said land and in the said Apartment and the other premises hereby granted
as aforesaid are hereinafter referred to as "the said premises".
And To Have And Hold
the said premises hereby granted, conveyed, transferred and assured or intended
so to be with their and every of their rights, members and appurtenance unto
and to the use and benefit of the Purchaser for ever to be held as heritable
and transferable, subject to the provisions of the ....................
Apartment Ownership Act, the said Declaration dated ...................... and
the bye-laws of the condominium and rules and regulations and subject to the
payment of all rents, rates, assessments, dues and duties now chargeable upon
the same or which may hereafter become payable in respect thereof to the
Government of ...................., Municipal Corporation of ....................,
and any other public or statutory authority AND THE VENDOR hereby for himself,
his executor, and administrators covenant with the Purchaser that he has in
himself good right, power and absolute authority to grant, transfer, release
and assure the 1180th share in the said land and the said Apartment No .
............... in Building No. A unto and to the use of the Purchaser free
from all encumbrances AND that the Purchaser shall and may at all times
hereafter peaceably and quietly enter upon, hold, occupy, possess and enjoy the
said premises hereby granted, conveyed, transferred and assured and enjoy
exclusively the said premises hereby granted, transferred, conveyed and assured
so to be with the said appurtenances and receive the rents, income and profits
thereof and of every part thereof for his own use and benefit without any suit,
eviction, interruption, obstruction, claim and demand whatsoever from or by the
Vendor, his heirs, or any of them or any person or persons lawfully or equitably
claiming under or in trust for him or them or any of them AND the said premises
are free from encumbrances and the Vendor shall keep harmless and indemnify the
Purchaser of, from and against all former and other estates, titles, charges
and encumbrances whatsoever, made, executed, occasioned or suffered by the
Vendor or any other person or persons lawfully or equitably claiming or to
claim by, from, under or in trust for the Vendor AND FURTHER THE Vendor, his
heirs, executors and administrators shall and will from time to time and all
times hereafter at the request and costs of the Purchaser do and execute or
cause to be done and executed all such further and other lawful and reasonable
acts, deeds, things, matters conveyances and assurances in law whatsoever for
the better and more perfectly assuring the said apartment and every part
thereof unto the use of the Purchaser in the manner aforesaid as by the
Purchaser, his heirs, executors, assigns or his counsel shall be reasonably
required AND FURTHER the Vendor doth hereby covenant with the Purchaser that
unless prevented by fire or inevitable accident, the Vendor will upon every
reasonable request and at the costs of the Purchaser shall produce or cause to
be produced from time to time or at all times hereafter to the Purchaser or his
Advocate or at any trial, commission, examination or otherwise as occasion
shall require all or any documents mentioned in the Third Schedule hereunder
written for the purpose of showing his title to the said land described in the
First Schedule hereunder written and will furnish to the Purchaser and every
such other party or parties as aforesaid such true copies or extracts of and
from the said documents or any of them as the Purchaser or such other party or
parties may require and will in the meantime keep the said documents safe,
uncancelled and undefaced AND IT IS HEREBY DECLARED AND AGREED that if the
Vendor delivers the documents of title hereinbefore covenant to be produced or
any of them to any person or persons lawfully entitled to the custody thereof,
the Vendor shall thereupon enter into with and to deliver to the person or
persons for the time being entitled to the benefit of the covenant for
production hereinbefore contained and furnishing copies of the said documents which
shall have been so delivered up, similar to the covenant hereinbefore contained
and thenceforth the covenant hereinbefore contained shall become void so far as
relates to the documents covenanted with the Vendor.
AND THE PURCHASER for
himself, his executor and administrators doth hereby covenant with the Vendor
and other co-owners of the other units in the said buildings that the Purchaser
shall abide by the bye-laws of the said condominium and shall pay his
proportionate share of ,expenses and shall use the said apartment for
residential purpose only and he the Purchaser shall not ask for a partition by
metes and bounds of the said land and shall not do any act which would
jeopardise the safety or soundness of the property or reduce the value thereof
and shall not make any alteration, change or make addition in or to the
apartment without the previous consent of all other apartment owners in the
said condominium in writing.
IN WITNESS WHEREOF
the parties hereto have hereunto set and subscribed their respective hands on
the day and year hereinabove mentioned.
First Schedule above
referred to
Second Schedule above
referred to
Third Schedule 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.
