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Saturday, 5 October 2019

LEASE DEED


LEASE DEED

An agreement made the _________________ day of ___________years between Sri./Smt._____________etc., (herein after called “the Lessor”) of the one part and Sri./Smt.____________ etc. (hereinafter called “the Lessee”) of the other part.

Whereby it is agreed as follows:

1.  The Lessor hereby demises to the Lessee all that dwelling house with the land fully described in the schedule hereto together with all out -houses, pucca well, motor garage, kitchen, pathways, passage, garden and other appurtenances thereof, situated at _____________ to hold the same to the Lessee from
___________ day of _______ for the term of ______ years (or, year to year) paying therefor during the said term the monthly rent of Rs._________

(Rupees _____________ only) payable on the first day of the month succeeding that for which the rent is due;

2.  The Lessee hereby agrees that he will during the said term (tenancy) pay all rates; taxes and other charges excluding the house tax which now are or may hereafter becomes payable in respect of the demised property;

3.   The Lessor hereby agrees as follows:-

(i)                That the Lessor shall keep the premises in good and substantial repairs during the said term and shall annually white-wash and do all necessary repairs to the out-houses and demised premises and on the Lessee giving the Lessor notice in writing of any special decays, defects and want of separation the Lessor will within one calendar month from the receipt of such notice repair and amend the same;

(ii)              That the Lessor shall repair when necessary, the well, the passages, pathways and the road connecting the provincial road with the bungalow hereby demised and shall get the well cleaned at least once a year.


4.   Provided always and it is hereby agreed as follows:

(i)                That whenever any part of the rent hereby reserved shall be in arrears for_____ months after due date or there shall be a breach of any of the covenants by the Lessee herein contain the Lessor may re-enter on the demised premises and determine this lease.

(ii)              The tenancy hereby created shall be determinable at the option of the Lessor/Lessee (or either party) by giving to Lessee/Lessor (or, the other party) ______________ calendar month’s notice in writing.


5.  It is hereby agreed between the parties that in respect of the demised premises the parties hereto shall respectively have all the rights and be subject to all the liabilities of a lessor and of a lessee as set forth in Section 108 of the Transfer of Property Act, 1882, except Clause (m) thereof which is hereby excluded.

6.   It is hereby agreed between the parties as follows:

(i)                That any demand for payment or notice requiring to be made upon or given to the Lessee shall be sufficiently made or given if sent by the Lessor or his agent through the post by registered letter addressed to the Lessee at the demised premises (or, at_______), and that notice requiring to be given to the Lessor shall be sufficiently given if sent by the Lessee through the post by registered letter addressed to the Lessor at his usual or last known place of residence or business (or; at_______) and that any demand or notice sent by post in either case shall be assumed to have been delivered in the usual course of pose.

(ii)              That wherever such in interpretation would be necessary in order to give the fullest scope and effect legally possible to any covenant or contract herein contained the expression “the Lessor” herein before used shall include the owner for the time being of the Lessor’s interest in the demised premises and the expression “the Lessee” herein before used shall include his heirs, executors, administrators and permitted assigns.

In witness whereof the parties have put their signatures hereunder on the day and the year first above -written (or, on the respective date mentioned against their signatures)

SCHEDULE

(Leased under this deed)

All the piece and parcel of immovable property bearing No.____________ Measuring  _______________

Bounded by: -



On the East

On the West
On the South
On the North

Market value of the property leased under thi s deed is Rs._____________ (Rupees____________________________________only).

The Stamp duty is paid as per Article 30 of the Schedule to the Karnataka Stamp Act, 1957.


IN WITNESS WHEREOF the parties herein have affixed their respective signatures to this deed at _______________ on this ______________ day of

______________ year in presence of the witness:

WITNESSES:

1.
LESSOR
2.
LESSEE

GIFT DEED



GIFT DEED



This deed of Gift is executed on ________ day of ______________ month of

_____________ year by Sri./Smt.__________________________, S/o./ W/o.______________________, occupation___________________,

and                           aged                            __________                           years,                           residing

at______________________________ herein after called the DONOR. 

In favour of

Sri./Smt.__________________________S/o./W/o._________________________,

occupation____________________,      aged         __________       years,        residing

at_________________________Herein referred to as the DONEE. 

Whereas, the term Donor and Donee unless repugnant to the context shall mean and include their representatives heirs, successors, executors, administrators, trustees, legal representatives and assigns.

Whereas, the Donor herein, is the sole and absolute owner of immovable property  bearing No.___________ known as _____________________ situated at morefully described in the schedule hereunder written and herein after called the schedule property.

Whereas,  the  Donor  is  the  absolute  owner,  having  acquired  the  property,  by

____________________  and since then Donor has been in possession and enjoyment of the schedule property and paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas the Donee is related to the Donor as ____________.

Whereas the Donor desires to grant the said land and premises morefully described in the schedule written hereunder and hereinafter referred as scheduled property to the Donee as gift in consideration of natural love and affection subject to the condition herein after mentioned.


NOW THIS DEED WITNESSETH that the Donor, without any monitory consideration and in consideration natural love and affection which the Donor bears to the Donee hereby grant and transfer by way of gift, the scheduled property situated at ___________________________together with all the things permanently attached thereto or standing thereon and all the liberties, privileges, easements and advantages appurtenant thereto and all the estates, rights, title, interest, use, inheritance, possession, benefits, claims and demand whatsoever of the Donor TO HAVE AND TO HOLD the same unto the use of the Donee absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and here after chargeable thereon to the Government or local authorities.

Whereas the Donor hereby covenant with the Donee;

(a)   That the Donor now has in himself, absolute right, full power, and absolute authority to grant the said scheduled property hereby granted as gift in the manner aforesaid.

(b)  The Donee may at all times herein after peacefully and quietly enter upon, take possession of the scheduled property and enjoy the said scheduled property as he deems fit without any interruption, claim or demand whatsoever from or by the Donor or his heirs, executors, administrators and assigns or any person or persons lawfully claiming or to claim by from under or in trust for the Donor.

(c)   AND FURTHER that the Donor and all persons having or lawfully claiming any estate or interest whatsoever to the said scheduled property and premises or any part thereof from under or in trust for the Donor or his heirs, executors, administrators and assigns or any of them shall and will from time to time and at all times hereafter at the request and cost of the Donee do and execute or cause to be done and executed all such further and other acts, deeds, things, conveyances and assurances in law whatsoever for better and more perfectly assuring the said scheduled property and every part thereof unto and to the use of the Donee in the manner aforesaid as by the Donee his heirs, executors, administrators and assigns or counsel in law shall be reasonably required.

SCHEDULE OF THE PROPERTY

(Gifted under this deed)

All the piece and parcel of immovable property  bearing No.____________
Measuring _______________
Bounded by:-

On the East                     :
On the West

On the South

On the North

Market value of the property gifted under this deed is Rs._________ (Rupees ______ ____________only).
 
The Stamp duty is paid on the market value as computed above.

IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of the said gift) have put their respective hands the day and year first herein above written.

WITNESSES:

1.
DONOR
2.
DONEE

EXCHANGE DEED



EXCHANGE DEED

This deed of Exchange is executed on ________ day of ______________ month of _____________ year by Sri./Smt.__________________________, S/o./ W/o.____________________________, occupation____________________,

and                          aged                          __________                          years,                           residing

at__________________________________________________. herein after called the PARTY OF THE FIRST PART.

and

Sri./Smt.__________________________S/o./W/o._________________________,

occupation____________________,         aged        __________        years,         residing

at___________________________________________________ Herein referred to as the PARTY OF THE SECOND PART.

Whereas, the term the First Party and the Second Party unless repugnant to the context shall mean and include their representatives heirs, successors, executors, administrators, trustees, legal representatives and assigns.

Whereas, the First Party herein, is the sole and absolute owner of immovable property  bearing No.___________ known as _____________________ situated

at morefully described in the First Schedule hereunder written and herein after called the First Schedule property.

Whereas, the First Party is the absolute owner, having acquired the property, by

____________________  and since then First Party has been in possession and enjoyment of the First Scheduled property and paying taxes and levies thereon, as sole and absolute owner thereof.


Whereas, the Second Party herein, is the sole and absolute owner of immovable property  bearing No.___________ known as _____________________ situated at more fully described in the Second Schedule hereunder written and herein after called the Second Scheduled property.

Whereas, the Second Party is the absolute owner, having acquired the property, by

____________________  and since then Second Party has been in possession and enjoyment of the Second Scheduled property and paying taxes and levies thereon, as sole and absolute owner thereof.


Whereas it has been agreed between the parties hereto to exchange their respective properties viz. First scheduled property written here under unto and to the use of the Second Party in consideration of the Second Scheduled property here under written unto the use of First Party.

Where as the market value of the First Scheduled property is assessed at Rs.________

Where as the market value of the Second Scheduled property is assessed at Rs.________

Where as the parties here to have now agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the party of the Second Part conveying to the party of the First Part the Second Scheduled property hereunder written and Second Party hereby grant and convey by way of exchange unto the party of the First Part absolutely and for ever all that piece and parcels of the property described in the Second Scheduled together with all the liabilities, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever of the said Second Scheduled property and also together with all the deeds, documents, writings and other evidences of title relating to the said Second Scheduled property and all the estate, right, title, interest, use, possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the First Part TO HAVE AND TO HOLD the said Second Scheduled property hereby granted and conveyed by way of exchange unto and to the use and benefit of the party hereto of the First Part subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the same or which may herein after become payable in respect thereof to the local authority.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the party of the First Part conveying to the party of the Second Part the First Scheduled property hereunder written and First Party hereby grant and convey by way of exchange unto the party of the Second Part absolutely and for ever all that piece and parcels of the property described in the First Scheduled together with all the liabilities, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever of the said First Scheduled property and also together with all the deeds, documents, writings and other evidences of title relating to the said First Scheduled property and all the estate, right, title, interest, use, possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the Second Part TO HAVE AND TO HOLD the said First Scheduled property hereby granted and conveyed by way of exchange unto and to the use and benefit of the party hereto of the Second Part subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the same or which may herein after become payable in respect thereof to the local authority.


Whereas each of the parties of the First and the Second Part mutually covenants with the other that;

(i)                He has now in himself, absolute right, full power and absolute authority to grant the scheduled property hereby granted or assured or intended to be by him unto and to the use of the other party in manner aforesaid.
(ii)              That the other party shall and may at all times hereafter peacefully and quietly enter upon have occupy, possess and enjoy the scheduled property conveyed to him and receive the profits thereof and for his own use and benefit without any suit, eviction, interruption, claim or demand whatsoever from or by him the covenanting party or his heirs, or any of them or any persons lawfully or equitably claiming or to claim by from under or in trust for them or any of them.

(iii)            The said scheduled property is free from all encumbrances, claim, and attachment of whatsoever in nature.

(iv)            He the covenanting party and all the persons having or lawfully claiming any estate or interest whatsoever in the scheduled property is conveyed by him shall and will from time to time and at all times herein after at the request and cost of the other of them do and execute or caused to be done and executed such further and other acts deeds, things, conveyances and assurances in the law whatsoever for the better and more perfectly as suring the said land and premises conveyed to him by the other and every part thereof unto and to the use of, the party to whom it is conveyed in the manner aforesaid as by him his heirs, executors, administrators and assigns shall be reasonably require.

FIRST SCHEDULE

(Property belongs to First Party exchanged to the Second Party)

All the piece and parcel of immovable property  bearing No.____________

Measuring _______________


Bounded by: -



On the East

On the West
On the South

On the North




Market value of the property under this deed is Rs._____________ (Rupees____________________________________only).


4


SECOND SCHEDULE

(Property belongs to Second Party exchanged to the First Party)

All the piece and parcel of immovable property  bearing No.____________

Measuring _______________

Bounded by: -



On the East
On the West

On the South

On the North

Market value of the property under this deed is Rs._____________ (Rupees____________________________________only).

The Stamp duty is paid on the market value as stated above.

IN WITNESS WHEREOF the First Party as well as the Second Party have put their respective hands the day and year first herein above written.

WITNESSES:

1.
FIRST PARTY
2.
SECOND PARTY