THIS DEED OF SALE made and executed at _____________on this ________ day
of _______________ month, ______________ years by:
Sri.__________________ aged about _______ years, S/o._______________
residing at___________________________________hereinafter called the
SELLER.
IN FAVOUR
OF
Sri.__________________ aged about _______ years, S/o._______________
residing at___________________________________hereinafter called the
PURCHASER.
The term SELLER and PURCHASER, unless repugnant to
the context, shall mean and include their respective heirs, successors,
executors, administrators, trustees, legal representatives and assigns
WITNESSTH:
WHEREAS the SELLER herein is the sole and absolute owner of immovable
property being Flat / Apartment No.______ on the _______Floor of the building
known as “________________”situated at _________________and bearing Corporation
No.________, _________________Road, Division No._____, with a super built-up
area of _____ sq.ft. together with _____% share of undivided interest in the
land equivalent to _______ sq.ft. along with common areas and facilities
including car parking lot in the basement, which Flat / Apartment is morefully
described in the schedule hereunder and hereinafter called the Schedule.
WHEREAS the SELLER of the Flat / Apartment, he having purchased the same
from Sri.______________ in terms of Sale Deed dated _________duly registered as
Document No._________ Book – I, Volume ________at Pages ________on date
________at the Office of the Sub-Registrar, _____________since then the SELLER
has been in possession and enjoyment of the Schedule Flat / Apartment on
getting the bifurcated khata from the Corporation of the City of
______________duly transferred in his name bearing
No.________ vide Khata No._______________ dated ____________and on payment of
taxes and levies thereon as sole and absolute owner thereof.
WHEREAS the SELLER herein being desirous of selling the Schedule Flat /
Apartment, offered the same to the Purchaser and the Purchaser has agreed to purchase
the Schedule Flat / Apartment in terms of an oral agreement for a total sale
consideration of Rs.___________ (Rupees _________________only) and the
Purchaser in terms of the aforesaid oral agreement agreed to pay the
entire sale consideration at the time of execution of the sale deed.
IN
CONSIDERATION of the Purchaser having paid the entire sale consideration of
Rs._____________ (Rupees ______________________only) as aforesaid, the receipt
of which has been duly acknowledged by the SELLER, who acquits the Purchaser
from making any further payments towards sale consideration, the SELLER, as
beneficial owner, DOES HEREBY GRANT, CONVEY, TRANSFER BY WAY OF SALE AND ASSIGN
unto and in favour of the Purchaser the Schedule Flat / Apartment and every part
thereof together with the right, title and interest therein, with all the
benefits, advantages, concessions, licenses, hereditaments, easementary rights,
equities, claims, demands etc., attached to belonging to and reputed to belong
to the Schedule Flat / Apartment TO HOLD, TO POSSESS AND TO ENJOY the same for
ever free from all encumbrances, subject to common rights of owners of
remaining shares of undivided interest in the land and the Flat / Apartments
attributable thereto.
The SELLER hereby declares and covenants with the Purchaser that he is
the sole and absolute owner of the Schedule Flat / Apartment and has a clear,
legally valid and marketable title thereto and therefore an absolute right to
sell and convey the same to the Purchaser in terms of this Deed. The SELLER
further declares that he has not done any acts, deeds or things so as to
curtail, restrict or prejudice his right to convey or prevent him from selling
the Schedule Flat / Apartment in terms of this Deed.
WHEREAS the Purchaser having now paid the entire sale consideration as
detailed below, has requested the SELLER to execute the Sale Deed in his favour
and the SELLER has duly agreed thereto,
NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH AS HEREUNDER:
1.
The SELLER hereby confirms that
the Purchaser has paid the entire sale consideration as under:
The SELLER hereby further declares that the Schedule Flat / Apartment is
free from all encumbrances, lien, charge, mortgage, lease, court or other
attachments, lis-pendens, acquisition and requisition proceedings, minor’s
claims or any other adverse proceedings or claims from third parties which are
in any way detrimental to the interest of the Purchaser.
The SELLER hereby assures the Purchaser that all taxes and levies on the
Schedule Flat / Apartment have been paid up to date and arrears if any, till
the date of the Sale Deed shall be duly paid by him and future taxes in respect
of the Schedule Flat / Apartment shall be paid by the Purchaser.
The SELLER hereby declares and covenants with the Purchaser that he
shall do or cause to be done all acts, deeds and things which are legally and
reasonably required to be done at the instance of the Purchaser for morefully
and perfectly assuring the right, title and interest of the Purchaser in the
Schedule Flat / Apartment herein conveyed and the Purchaser shall bear such
expenses.
The SELLER hereby indemnifies and shall keep the Purchaser or his
successors-in-title fully indemnified against any loss or liability, cost or
claims, action or proceedings, if any should arise, at any time in future
against him owing to any defect in or for want of clear and marketable title or
due to any default, violation or non-compliance of any of the declarations or
covenants herein.
The Purchaser shall be the sole and absolute owner of the Schedule Flat
/ Apartment with attendant rights of ownership, possession, enjoyment and shall
be entitled to deal with or dispose off the Schedule Flat / Apartment as he
deems fit without any interference, obstruction or hindrance from the SELLER or
anyone claiming under, through or in trust from him.
The Stamp duty, Registration charges and other incidentals have been
borne by the Purchaser.
The SELLER has this day delivered the vacant
possession of the Schedule Flat / Apartment to the Purchaser along with all the
available original title deeds and documents which are in his possession
pertaining to or relating to the Schedule Flat / Apartment.
The Purchaser shall be bound to become Member of the Association of
Apartment Owner’s and duly comply with the provisions of Karnataka Apartment
Ownership
Act, 1972 and the rules
thereunder and shall abide by the bye-laws and majority decisions of the said
Association to be formed and comply with other requirements of the aforesaid
Act.
SCHEDULE OF FLAT / APARTMENT
(Conveyed
under this deed)
All that piece and parcel of immovable property being Flat / Apartment
No.______, __________Floor of the building known as “_____________”, situated
at and bearing Corporation No.___________, ___________Road, Division
No.________, with a super built up area of ______sq.ft. together with
_____% share of undivided interest in the land
equivalent to ______sq.ft. along with common areas and facilities attributable
thereto which area includes one car parking lot in the basement and the
composite property is bounded by:
On the
East
On the
West
On the
North
On the
South
Market
Value property is Rs._____________ (Rupees ________________only)
The Stamp
duty is paid on the market value as computed above.
IN WITNESS WHEREOF the parties herein have affixed their respective
signatures to this Sale deed at ______________on this _________ day of
_________ month of _____________years in the presence of the witnesses:
WITNESSES:
1.
SELLER.
2.
PURCHASER.
