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DISCLAIMER: These legal forms and documents are for reference only. Any agreement that you enter into, should be in consultation with a Solicitor or an Advocate. Maayapuri Constructions Pvt. Ltd. will not be responsible for any claim arising out of the use of any of the below mentioned documents.

Legal Forms - General

 
LEgal
AGREEMENT FOR SALE

THIS AGREEMENT made at ________ (city) on the __ day of ______ (year)
Between

___________________________, of ________(city), Indian Inhabitant, residing at ________________________________, hereinafter called "The Vendor" (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, legal representatives, executors and administrators) of the One Part
And

________________________, of ________ (city), Indian Inhabitant, residing at __________________________ hereinafter called "The Purchaser" (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, legal representatives, executors, administrators and assigns) of the Other Part;

WHEREAS the Vendor is the owner of flat No._____, admeasuring about _____ square feet on ___floor of building known as "_________" (hereinafter referred to as "the said Building") (hereinafter referred to as "the said Flat" and which is more particularly described in the schedule to this agreement;) belonging to ______________ Co-operative Housing Society Limited situated and he/she is the member of the ______________ Co-operative Housing Society Limited, registered under Serial No._________ of _____ (hereinafter referred to as "the said Society") and as a member and as the owner of the said flat in the Society he was allotted five fully-paid-up shares of the said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing distinctive Nos._________ to ____________ (both inclusive) under share certificate No.___ (hereinafter referred to as "the said Shares") ;

AND WHEREAS the Vendor is now absolutely seized and possessed of and is otherwise well and sufficiently entitled to the said Flat in the said Building of the said Society;

AND WHEREAS the Vendor herein has agreed to transfer and the Purchaser has agreed to acquire all right, title and interest of the Vendor in the said Flat and the said Shares with all legal consequences including the right of occupation, including his right, title and interest in the said Flat for a total consideration of Rs. ________/- (Rupees ______________________ only);

AND WHEREAS the Parties hereto have agreed to reduce into writing the Terms and Conditions on which the Vendor has agreed to transfer and the Purchaser has agreed to purchase and acquire the right, title and interest of the Vendor in the said Flat including the entire interest of the Vendor in the said Society;

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The Vendor doth hereby agree to transfer unto the Purchaser and the Purchaser doth hereby agree to purchase and acquire all the right, title and interest of the Vendor in the said Society including the said Flat admeasuring about _____ Square Feet of built up area on the ____ floor of the building known as ____________________ belonging to the ___________________ Co-operative Housing Society Limited situated at _________________________, together with the said Shares bearing distinctive Nos.________ to _______ (both inclusive) allotted under share certificate No.______ and all the right of the Vendor as to the use, occupation and enjoyment and ownership of the said Flat together with all rights, title and interest of the Vendor in the said Society for a total consideration of Rs.________/- (Rupees __________________ _______ only) to be paid by the Purchaser to the Vendor in the manner hereinafter mentioned.
2. The said consideration will be paid by the Purchaser to the Vendor as follows: that is to say:
a. Rs. ________/- (Rupees_________________________ only) paid on or before execution of this agreement as Earnest Money (the payment and receipt whereof the Vendor doth hereby admit and acknowledge and acquit, release and discharge the Purchaser from the payment and receipt thereof and every part thereof); and
b. the Balance consideration of Rs. ________/- (Rupees ______________________ only) will be paid on or before ____________ and against the delivery of vacant and peaceful possession of the said Flat by the Vendor to the Purchaser.
3. It is agreed that in the event of any delay or default by the Purchaser in making payment of the balance consideration on the due date, the Vendor shall be entitled to give seven days notice in writing to the Purchaser making time the essence of the contract and if the Purchaser fails to make payment within such notice period, then in that event this Agreement shall be terminated and the Vendor shall be entitled to forfeit the earnest money of Rs.__________/- Rupees __________________________ only) paid by the Purchaser on the execution hereof.
4. It is agreed between the parties that if there is any delay or default on the part of the Vendor in performing his part of the contract then the Purchaser shall be entitled to specific performance of this Agreement together with right to claim costs, charges and expenses and losses from the Vendor.
5. The Vendor doth hereby declare and convenant with the Purchaser that the said Flat is free from all encumbrances of any nature whatsoever and that the Vendor has full right, title and interest in the said Flat and has full right and authority to assign and transfer his entire interest in the said Society including the said Flat and the said Shares to the Purchaser.
6. The Vendor has represented to the Purchaser :-
a. that the Vendor has paid all the dues and outgoings in respect of the said Flat up-to-date.
b. that the said Flat is free from all encumbrances.
c. that the said Flat belongs to the Vendor absolutely and that no other person or persons have any right, title or interest whatsoever therein by way of sale, gift, exchange, inheritance, lease, lien or otherwise in the said shares / said flat.
d. that notwithstanding anything herein contained, any act, deed, matter or thing of whatsoever nature done by the Vendor or any person or persons lawfully or equitably claiming by from, through or in trust for Him, the Vendor has full right, power and absolute authority to sell or transfer to the Purchaser the said Flat and his right, title and interest in the said Society and that the Vendor has not done or committed or omitted to do any act, deed, matter or thing whereby the ownership, possession and/or occupation of the said Flat by the Vendor may be rendered illegal and/or unauthorised for any reason or on any account.
e. that the Vendor shall obtain the necessary No Objection Certificate from the said Society for transfer, sale of the interest of the Vendor in the said Society, as well as the right, title and interest of the Vendor in the said Flat as herein contained to the Purchaser and also to the admission of the Purchaser to the membership of the said Society in his place and instead of the Vendor when the sale herein is completed by delivering the vacant and peaceful possession of the said flat to the Purchaser.
f. that on payment of the full purchase price herein reserved, the Purchaser shall be entitled to the vacant and peaceful possession of the said Flat.
7. The Vendor doth hereby agree to sign and execute any deed or writing as well as all other papers and documents as may be required by the Purchaser for transferring the said Flat and the said shares to the name of the Purchaser in pursuance of this Agreement.
8. The Purchaser doth hereby covenant with the Vendor that he shall always abide by the Rules, Regulations and By-laws of the said Society and shall pay the municipal taxes and maintenance charges in respect of the said Flat from the day the Vendor delivers possession of the said Flat to the Purchaser. It is specifically agreed by and between the parties that till the said Flat is transferred in the name of the Purchaser, the Purchaser shall not be liable to pay any maintenance charges in respect of the said Flat to the said Society and the same shall be borne by the Vendor.
9. That the Vendor declares that his Membership of the said Society is subsisting and is in full force and has not been terminated.
10. The Vendor has represented to the Purchaser that the total transfer fee / transfer premium / donation payable to the said Society for transfer of the said flat / said shares of the said society in the name of the Purchaser shall be borne and paid by both the parties in equal proportion.
11. It is agreed between the Vendor and the Purchaser that the expenses for stamp duty on these presents or on final sale deed / transfer deed and registration charges in respect of this transfer shall be borne and paid by the Purchaser alone and the Vendor shall not be liable to pay the same or any part thereof. However, the stamp duty or duties in respect of all previous transfers in respect of the said flat shall be the responsibility of the Vendor.
12. The Vendor doth hereby undertake to hand over all the documents including share certificate, receipts, papers concerning the said Flat to the Purchaser against the receipt of the balance consideration of Rs. _________/- (Rupees ________________________ only).
13. The Vendor doth hereby undertake to do and to execute all acts, deeds, matters and things as and when it is necessary, proper or expedient for the purpose of fully and effectually transferring the said Flat and the said Shares of the said Society to and in favour of the Purchaser in the record of the said Society to enable the Purchaser to have and to hold the said Flat and the said Shares absolutely.

SIGNED AND DELIVERED by the }
withinnamed "Vendor" }
Shri ________________ } ___________________
in the presence of: }
1. }
2. }
SIGNED AND DELIVERED by the }
withinnamed "Purchaser" }
Shri ____________ } __________________
in the presence of: }
1. }
2. }
Received of and from the withinnamed } Purchaser a sum of Rs. ________/- } (Rupees _____________ only) as } earnest money for the transfer/purchase } of the said Flat/said Shares. }

WITNESSES I say Received
1.
2.
Vendor

SCHEDULE OF PROPERTY

 
LEAVE AND LICENCE AGREEMENT

THIS AGREEMENT OF LEAVE & LICENCE is made and entered into at _______________(city) on the __ day of ______ Two Thousand and 0ne
Between

__________________,of _______________(city),Adult Indian Inhabitant,residing at __________________, hereinafter called the LICENSOR (Which expression unless be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and assigns) of the ONE PART.

And
____________________, of _______________(city), an adult Indian Inhabitant, residing at _____________________, hereinafter called the LICENSEE (Which expression unless be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and assigns) of the OTHER PART; WHEREAS the LICENSOR is the exclusive owner and is seized and possessed of the ___________________________________________________, admeasuring about __________. hereinafter referred to as the 'SAID FLAT' for the sake of brevity's. AND WHEREAS THE LICENSEE has approached the licensor to give the said FLAT to the licensee on leave and licence basis for a period of eleven months from ________ on terms and conditions hereinafter appearing; NOW THIS AGREEMENT WINESSETH AS UNDER


COMMENCEMENT

1. The parties of the First Part hereby state and declare that he has allowed the party of the other part to use the said FLAT premises with effect from …….(date) for a period of eleven months on Leave and Licence basis.

PERIOD

2. The party of the other part has agreed to occupy and use the said FLAT premises for a period of eleven months purely on leave and licence basis commencing on …………(date) and expiring on ………(date)

DAMAGE BROKERAGE

3. The Licensee shall keep the said FLAT in good condition and if any damages, breakages are caused to the said FLAT, the licensee shall make good the loss caused to the Licensor on account of such damages and breakages.

COMPENSATION / RENT

4. The Licence shall pay Rs………………/- (Rupees……………………………) per month as compensation/rent for the use of the said FLAT premises on or before 10th of every month and if he fails to do so the owner has every right to cancel the agreement.

5. The licensee shall keep the said FLAT premises in good conditions and shall not cause any nuisance and shall refrain from doing any act which might be objectionable to the owner or the neighbours and for this purpose the Licensor shall have right to enter and inspect the premises at any time suitable to him.

6. The licensee shall not keep, permit or allow anyone else to use the said FLAT or grant licence to use and occupy or sublet nor shall transfer or assigns the benefits of this agreement to any other person.

7. The licensee shall not carry any illegal business or activities nor shall store any prohibited articles or commodities which could cause damage to the FLAT premises and shall strictly observe the rules and regulation of the Society, Municipal corporation, Grampanchayat and Police Department.

8. The licence shall be automatically terminated on completion of eleven months and immediately after that the licencee shall handover peaceful and vacant possession of said FLAT to the licensor.

9. The Licensor shall have right to take possession of the flat on breach of any of the terms and conditions on the part of Licencee.

10. The Licensors and the Licensee hereby covenant with each other that if either of the parties to this agreement decides to terminate the licence earlier than the date stipulated hereinabove, the desiring party of this agreement shall give one month notice in writing to the other party of such intention and accordingly the said agreement shall remain terminated on expiry of the notice period.

RENEWAL

and whereas the party is here to have an option to renew THIS AGREEMENT / AGREEMENT for further period………..months from the day of …..to the …….day of……….., both days inclusive on the same terms and conditions of THIS AGREEMENT, except for this provision of further renewal, and provided the LICENSEE agrees to increase the MONTHLY LICENCE / COMPENSATION to Rs………/- ( Rupees ………………………………………………..only ) (TIME BEING THE ESSENCE OF THIS CONTRACT)

11. That on completion of THIS AGREEMENT period or earlier termination thereof, as the case may be, as herein provided, the LICENCEE shall receive, from LICENSOR, collectively or either of them, the balance amount or complete amount of SECURITY DEPOSIT (as the case may be) after deductions of monthly COMPENSATION/LICENCE - FEE, if any due, as also all the arrears of charges due as per clause No.3 (three) hereinabove, and monetory loss, if any, suffered by the LICENSOR, by reason of the operation (by the LICENSEE) of THIS AGREEMENT OF LEAVE LICENCE, besides the loss in terms of money, suffered by the LICENSORS on account of damage to the PREMISES, and / or fittings/fixtures therein.

12. That at all times, the OWNERSHIP and LEGAL POSSESSION AND OCCUPATION of the PORTION and the PREMISES shall be that of the LICENSOR, only and the LICENSEE shall use and occupy the PORTION as LICENSEE only, and shall not claim any interest of any nature whatsoever in the said PORTION or the PREMISES, and that nothing in THIS AGREEMENT shall be construed to be a demise at law in respect of the PORTION or the PREMISES or to confer the LICENSEE any right of tenency/sub-tenency/lease/sub-lease, etc., in respect of the PORTION or the PREMISES.

13. That the LICENSEE shall, on expiry of the period of THIS AGREEMENT or the RENEWAL PERIOD, as the case may be or on earlier revocation, and /or vacation, of said premises, as herein provided, remove himself together with all his articles/things and hand over the occupation of the licensors, collectively or either of them, peacefully, and without any let/hindrance, in good order and condition normal wear and tear expected.

14. That the LICENSORS and/or their respective authorized agent/s shall have the right to visit/enter the PREMISES for bonafide inspection purposes, at all reasonable times, between sunrise and sunset times, only.

15. That the LICENSEE hereby confirm that the Premises shall be occupied by him (LICENSEE) on "AS-IS-WHERE-IS" basis, and that, therefore, any relevant laws/rules to the contrary notwithstanding, he (LICENSEE) shall not during the period of THIS LICENCE, or thereafter, demand or required by the LICENSORS any payment for any additions/alterations/repairs/renovations, of the PORTION or the PREMISES, which, if required by the LICENSEE, shall be carried out by the LICENSEE at his own cost, subject to obtaining prior permission from the LICENSORS, subject to the LICENSEE procuring required permission from the concerned SOCIETY and all other concerned authorities/institutions.

16. That the LICENSEE doth hereby agree/undertake that he, his family members, staff, visitors, shall:-

(a) Take all reasonable care of, all and singular, the PORTION and the PREMISES, and shall indemnify the LICENSORS from and against any damage/loss (other than by ordinary wear and tear) by reason of normal use/occupation thereof, and he shall not do any other thing which may cause harm/damage to the PORTION of the PREMISES, and/or to the fixtures/fittings in the PORTION of and the PREMISES, and shall take proper care of the same as he would take in case of his own property and belongings, and shall always keep the PORTION and the PREMISES in a clean/habitable decent/sanitary condition, free from waste/rubbish.

(b) Not do/cause/suffer to be done, any act/deed, or thing in or about the PORTION or the PREMISES which is illegal/improper/indecent/ immoral or which may expose the LICENSOR to any damage/loss/harm, due to any legal/Government /Society's action, or any action by the person/s so affected, and shall not disturb/injure/damage/remove/shift/displace/misplaced, or cause to be displaced/disturbed/injured/removed/shifted/misplaced, any of the fixtures/fittings provided in the PORTION/PREMISES.

(c) Observe all the rules/regulations, now in force, or as may be imposed hereafter by the concerned SOCIETY/association/government/ Municipal authorities, in respect of his use/occupation of the PORTION, from time to time.

17. That the LICENSEE hereby agrees to indemnify the LICENSOR and their representative, from all claims/demands/damages/actions/costs/charges, to which they may have to be held liable, by reason of any activity/negligence/commission/non-performance/non-observance, of any terms/conditions of THIS LICENCE, or otherwise, by the LICENSEE or any one acting under him.

18. That THIS AGREEMENT shall be governed by

(a) Indian Contract Act, 1882, and

(b) the LICENSEE specifically agrees to be bound by the Bombay Rent Act, as at present in force, and shall not be affected to the prejudice of the LICENSORS by any change in the said provisions of relevant law (which might be adverse to the interest of the LICENSOR) viz. Section No 24 of the said RENT ACT, which reads as follows:-

s.24."(a) Not withstanding anything contained in this Act, a LICENSEE in possession or occupation of PREMISES give to him on LICENCE FOR RESIDENCE, shall deliver possession of such PREMISES to the LANDLORD on expiry of the period of LICENCE.

 

"AND on the failure of the LICENSEE to so deliver the possession of the LICENCED PREMISES, a LANDLORD shall be entitled to recover possession of such PREMISES from a LICENCE, by making an application to the COMPETENT AUTHORITY.

"AND THE COMPETENT AUTHORITY, on being satisfied that the period of LICENCE has expired, shall pass as order for eviction of the LICENSEE.

"Any LICENSEE who does not deliver possession of the PREMISES to the LANDLORD on expiry of the period of LICENCE, and continues to be in possession of the LICENCED PREMISES, till he is dispossessed by the COMPETENT AUTHORITY, shall be liable to pay damages at double the rate of the LICENSEE - FEE or CHARGE of the PREMISES fixed under the AGREEMENT OF LICENCE.

"THE COMPETENT AUTHORITY shall not entertain any claim of whatever nature from any other person who is not a LICENSEE according to the AGREEMENT OF LICENSEE.

"Explanation - for the purpose of this SECTION
(a) The expression "LANDLORD" does not include a tenant, or a sub-tenant, who has given premises on LICENCE.
(b) An AGREEMENT OF LICENCE in writing shall be conclusive evidence of the fact therein."

19. That under the provision of the aforesaid clause No. (13)
(a) (2) of the said RENT ACT, the said LICENSORS enhanced charge of Rs…………/- (Rupees…………………Only) per month, if he fails to vacate the PREMISES on or before the 30th day of ……….., or the renewal period expiring on the 31st day of ………, as the case may be, and shall he also liable for prosecution under the aforesaid provision of the BOMBAY RENT ACT, 1947, at the cost and consequences of the said LICENSEE."

IN WITNESS WHEREOF, THE PARTIES TO HAVE HEREUNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR FIRST HEREIN ABOVE WRITTEN,
SIGNED,SEALED AND DELIVERED by ) ______________
the within named "LICENSOR" )
(a) …………………………… ) (LICENSOR)
(b) ……………………………. )
in the presence of………………. )
1. ……………………………… )
Name ………………………… )
Address ……………………… )
2. ……………………………… )
Name ………………………… )
Address ……………………… )

SIGNED,SEALED AND DELIVERED by ) ______________
By the withinnamed "LICENSEE" )
In the presence of ) (LICENSEE)
1. ……………………………………… )
)
2. ………………………………………… )

 
DEVELOPMENT AGREEMENT

ARTICLES OF AGREEMENT made at _______________(city) this _____ day of __________, 20__ between (1) ____________ and (2) _________________ both of (city) Inhabitants hereinafter called "the Owners" (which expression shall unless it be repugnant to the context or meaning thereof, be deemed to include their respective heirs, executors and administrators) of the One Part and _______________________ of _______________(city) Indian Inhabitant carrying on business at _____________________________ hereinafter called "the Developer" (which expression shall, unless it be repugnant to the context or meaning thereon be deemed to include his heirs, executors, administrators and assigns) of the Other Part:
Whereas the Owners are absolutely seized and possessed of or otherwise well and sufficiently entitled to all those pieces or parcels of land or ground situate lying and being at _______________(city) admeasuring _____ square metres or thereabouts and more particularly described in the Schedule hereunder written (hereinafter for the sake of brevity referred to as "the said property");
Andwhereas the said property is vacant save and except a portion thereof which is presently occupied and encroached upon by some unauthorised occupants or trespassers who have constructed some unauthorised structures/huts thereon and of which fact the Developer is aware, he having inspected the said property prior to the execution of these presents;
Andwhereas The Owners have represented to the Developer that a portion of the said property is under reservation under the sanctioned development plan and another portion of the said property is reserved under the draft Development plan and of which fact the Developer is fully aware;
Andwhereas All of the said property has been declared to the surplus vacant land by the Competent Authority under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976;
Andwhereas The Owners have agreed to grant to the Developer and the Developer has agreed to accept from the Owners exclusive rights of development of the said property upon the terms and subject to the conditions herein recorded.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:
1. The Owners hereby grant exclusive right to the Developers of development of the said property on what is known as "as is where is basis" and the Developer accepts the same for the consideration and subject to the terms and conditions herein provided.
2. It is specifically agreed that the Owners shall through the Developers' Architects submit plans for sanctioning of lay out for construction of buildings and/or other structures on the said property or any part or portion thereof.
3. The said plans shall be prepared by the Architects of the Developer and at the costs of the Developer and the Owners shall submit only such plans as are prepared by the Developer through their Architects and copy of the finally approved plan shall be given to the Owners.
4. Soon after the execution of this agreement, if so required, the Owners shall execute a Power of Attorney in favour of the Developer or any other person nominated by the Developer to approach all public authorities and to submit and obtain sanction of plans of lay-out and the buildings and structure/s to be constructed on the said property or any portion thereof from the Municipal Corporation of Greater Bombay and all other concerned authorities.
5. The Developer is aware that certain portions of the said property are under reservation under the sanctioned development plan. It is agreed that the Owners shall under no circumstances be liable to remove the said reservations nor shall the Developer be entitled to any reduction in the consideration payable hereunder on account of the said reservations. However, the Owner shall sign all applications, papers, writings, etc. as may be required by the Developer the purpose of removing such reservations.
6. In consideration of the Owners granting exclusive rights of development to the Developer under this Agreement, the Developer shall pay to the Owners a minimum consideration of Rs. ____________/- (Rupees ________________ ______________________ only) (hereinafter called "the minimum consideration") or an amount calculated at the rate of Rs.50/- per square foot of the F.S.I. which may be sanctioned by the Municipal Corporation of Greater Bombay, whichever is higher and the said total consideration amount shall be paid in the manner following:
a. Rs. ____________/- (Rupees ______________________ ____________ only) on the execution hereof being the earnest money or deposit (receipt of which sum the Owners do hereby admit and acknowledge).
b. Rs. ____________/- (Rupees _____________________ _____________ only) being the balance consideration which shall be paid by the Developer to the Owners on the compliance of the following:
iii. The Owners making out the marketable title to the said property free from all encumbrances and reasonable doubts.
iv. The Appropriate Authority issuing its NOC under Section 269 UL(3) of the Income-tax Act, 1961.
v. The Owners handing over complete vacant possession of the said property to the Developers under an irrevocable license.
vi. Developer the owners giving irrevocable right to construct buildings on their own account and with right to sell the units in the said building/s to the prospective purchasers, on ownership basis or otherwise and to appropriate the Sale Proceeds to themselves although formal possession of the property shall be handed over to the Developer on execution of the Conveyance.


· Notwithstanding anything contained in the preceding clause it is specifically agreed by and between the parties hereto that after execution hereof the Developer shall be entitled to put up fencing around the said property or any portion or portions thereof, for the purposes of preventing further encroachments but subject to the existing encroachments, and shall also be entitled to put up fencing around the portions of the property in occupation of the unauthorised occupation as hereinabove provided. The Developer shall also make arrangements for guarding the said property and preventing any further encumbrance or encroachment by trespassers or unauthorised persons upon the said property or any part or portions thereof. All costs, charges and expenses in respect of the above shall be borne and paid by the Developer alone. The Owners shall not be liable to remove and/or vacate the encroachments or unauthorised occupants who are already occupying portions of the said property nor shall they be liable in respect of any further encroachment or unauthorised occupation on the said property.


· As from the date hereof, the Developer shall be solely entitled at his own risk to deal and/or negotiate with the unauthorised occupants and/or trespassers on the said property and to take any proceedings against them and/or to arrive at any arrangement or agreement with them at the costs, charges and expenses of the Developer alone. However, the Owners shall empower and authorise the Developer and/or his nominees under the Power of Attorney to be executed as aforesaid to effectively deal and/or negotiate with the trespassers or unauthorised occupants and to receive the possession of the respective area occupied by such trespassers or unauthorised occupants subject to the consideration having been paid to the Owners for the said property as mentioned hereinabove. The Developer shall also be entitled to hand over, on behalf of the Owners, any area of the said property, which falls under reservation and/or set-back and/or requisition or acquisition to the relevant authorities in the event the same becomes necessary on receiving proper notice from the authorities and for that purpose, the Owners shall grant suitable powers and authorities in the said Power of Attorney to be granted to the Developer and/or his nominee.


· The Owners declare that:
a. The Owners are the absolute owners of the said property described in the Schedule hereunder written which is also shown on the plan hereto annexed and marked "A" and thereon shown surrounded by a red coloured boundary line and that the said property is vacant save and except the portions thereof, which are at present occupied and/or encroached upon by the unauthorised occupants and portions whereof are under reservations as aforesaid.
b. Subject to the Competent Authority granting permission and/or sanction under the provisions of the said ULC Act, the Owners have good right, full power and absolute authority to grant exclusive rights to develop the said property described in the Schedule hereunder written to the Developer and the Developer shall be entitled to develop the said property subject to the terms and conditions herein contained.
c. They have not created prior to the date hereof nor shall they create hereafter during the pendency of the Agreement any right or encumbrance of any nature whatsoever in respect of the said property or any part thereof.


1. Simultaneously with the execution hereof, the Owners shall deposit all the title deeds relating to the said property described in the Schedule hereunder written with their Advocates until the completion of the transaction herein. The said Advocates shall after examining the title as mentioned in the previous clause, send, against an accountable receipt all the title deeds to the said Advocates of the Developer for perusal, as and when required by the said Advocates. On the completion of the transaction herein the Owners through their said Advocates hand over to the Developer all the said title deeds against an ordinary receipt.

2. Upon the Competent Authority under ULC Act granting the requisite permission and/or sanction for the development of the said property and on sanction of the plans by the Municipal Corporation of Greater Bombay and all other concerned authorities as aforesaid the Developers shall after full payment of the consideration amount to the Owners be entitled to commence construction on the said property, for which license to enter upon would be given by the Owners to the Developer pursuant to this Agreement. The development to be carried out by the Developer shall be in accordance with the permissions granted by the Competent Authority under said ULC Act and shall also be in accordance with the sanctioned plans. The Developer shall also be entitled in his own right to enter into agreements on what is popularly called Ownership basis or otherwise and/or arrangements with any person or persons of their choice for the purpose of selling, allotting, and/or transferring any of the flats/shops/ premises/garages/units, etc. to be constructed by the Developer on the said property or any portions thereof in accordance with the terms and conditions laid down by the Competent Authority and in the sanctioned plans and to receive and appropriate the consideration payable in respect thereof and/or any part thereof for their own benefit and use. Such agreements and/or arrangements shall be entered into by the Developer in his own name and at his own costs and risk and no risk or liability of any kind shall be incurred by the Owners in any manner.

3. After the receipt of the full consideration by the Owners from the Developers, the Owners shall execute one or more Deeds of Conveyance as may be desired by the Developers but at the costs and expenses in all respects being borne and paid by the Developer including stamp duty and registration charges, in respect of the said property or portions thereof, as the case may be, in favour of a Co-operative Society or Societies or Association of persons or other body Corporate who have agreed to acquire flats/shops/garages/premises/units etc. from the Developer.

4. On receipt of the full consideration amount by the Owners, if for any reason the Developers do not desire to obtain the Conveyance of the said property, then the Owners shall, at the request of the Developers, simultaneously with the payment of the said balance amount, execute an irrevocable Power of Attorney in favour of the Developer and/or his nominees or nominee or representatives empowering and authorising the said Attorneys, inter alia, to execute one or more Deeds of Conveyance in respect of the said property or any portions thereof in favour of the Developer or in favour of Co-operative Society or Societies or association/s of persons to be formed and/or incorporated and/or nominated by the Developer herein. No further consideration shall be required to be paid by the Developer to the Owner for execution of such Deed or Deeds of Conveyance.

5. Prior to the execution of one or more Deeds of Conveyance in respect of the said property or any portions thereof in the manner mentioned herein, the Owners shall produce the requisite Certificate under the provisions of Section 230A of the Income-tax 1961 for effectively vesting the said property in favour of the Developer or in favour of the person or persons nominated by the Developer. It is further agreed that in the event the said Deed or Deeds of Conveyance or any of them are not executed at the time of payment of the balance consideration amount an amount representing 10% of the total consideration amount shall be retained by the Owner's Advocates until the production of the said Certificate/s under the provisions of Section 230A of the Income-tax Act.

6. The Owner shall pay and discharge all assessments, outgoings, taxes, etc. payable in respect of the said property upto the date the possession of the said property is handed over by them to the Developer. Thereafter, the same shall be paid and borne by the Developer alone. The Developer shall pay and discharge all outgoings, assessments, taxes, etc. for the entire property after possession of the same whether whole or in part is handed over to the Developer. If necessary, the same shall be apportioned between the parties hereto.

7. The Owner declares that no notice of acquisition or requisition issued by the Municipal Corporation of Greater Bombay or under the Epidemic Diseases Act or any other statute has been served upon them or anyone on their behalf. If however, any notice or requisition of the Municipal Corporation or other public body is issued in respect of the said property after the date of execution of these presents but before the completion of the transaction the Owners shall comply with the same at their costs and expenses. The Owners hereby declare that at present no notice or requisition has been served by the Government of Maharashtra or Municipal Corporation of Greater Bombay for requisition or acquisition or set-back in respect of the said property or any part thereof and that so far as they are aware no such requisition or acquisition or set-back is contemplated. Provided always that if the Owners have concealed any such notice issued, inter alia, under any of the Acts as aforesaid, the Developer will be entitled to cancel this Agreement and on such cancellation to receive forthwith the earnest money and all other payments made, if any.

8. All disputes and differences that may arise between the parties hereto relating to or in connection with the matter of this agreement or between the parties or their representatives shall be referred to the sole and final arbitration of Mr. _______________ or failing him Mr. ____________ as the sole Arbitrator whose decision shall be final and binding on both the parties. The Arbitrator shall have summary powers.

9. All out-of-pocket expenses of and incidental to this agreement including the expenses for Deed/s of Conveyance and other documents and writings including stamp duty and registration charges shall be borne and paid by the Developer alone. The parties shall bear and pay their respective Advocates' professional costs.

10. The Developer shall be entitled to develop the said property either by himself and/or through his nominees including a firm, wherein he is a partner or a company wherein he is a Director, provided however, all the obligations and liabilities undertaken by the Developer under this Agreement shall remain in full force and be personally binding upon the Developer, and in particular his liability for payment of all amounts under this Agreement to the Owners.

11. The Owners hereby declare that they have not entered into with any person or persons Agreement to Sale or Lease or created any third party rights in favour of any person or persons in respect of the said property.


In Witness whereof the parties hereto have hereunto set and subscribed their respective hands the day and the year first hereinabove written.
Signed and Delivered by the }
withinnamed : Owners }
(1) __________________ and }
(2) ___________________ }
in the presence of }
Signed and Delivered by the }
withinnamed : Developer }
______________________________ }
in the presence of }
RECEIVED the day and year first }
hereinabove written from the }
withinnamed Developer a sum of }
Rs._________/- (Rupees _______ }
___________ only) being the }
amount of deposit to be paid }
by him to us by a Pay Order }
bearing No. __________ and }
dated on ________________ }
Bank ________________ }
Branch _________________ }

Witnesses: We say received.

1.

2. Owners

 
DEED OF MORTGAGE
THIS DEED OF MORTGAGE IS MADE ON ______________________ DAY OF THIS MONTH OF _________IN THE YEAR _______.

BETWEEN

___________________________________Age about _________years, Occupation - Service / Business R/o. ____________________________

________________________________________________ Age about _________years, Occupation - Service / Business R/o. ____________________________

_________________________________________________ Age about _________years, Occupation - Service / Business R/o. ____________________________ Hereinafter called the MORTGAGOR (which expression shall unless repugnant to the context or meaning thereof be a deemed to mean and include his/her/their/ heirs, legal representative, administrators, successors, executors in title and assigns) PARTY OF THE FIRST PART

A N D

__________________, A BODY CORPORATE DOING THE BUSINESS OF _____________, having registered Head Office at ____________________, registered under the _________________________________, hereinafter referred to as "THE MORTGAGEE" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its administrators, executors, successors in title and assigns etc.) PARTY OF THE OTHER PART

WHEREAS the property bearing Plot No.________________ S. No. ____________________________ CTS No. _______________________ situated at _______________ more particularly described in the schedule written hereunder (hereinafter referred to as 'THE PROPERTY').

ANDWHEREAS the said property was owned by __________________________________

ANDWHEREAS the said society has divided the said property in several plots and allotted the same to its members.

ANDWHEREAS the Mortgagor/Borrower is the member of said society.

ANDWHEREAS the said plot No. _________________ is allotted to the Mortgagor.

ANDWHEREAS the said owner of the property sold the said property to Mortgagor by Sale Deed executed on ____________________ and the same is registered in the office of the Sub-Registrar at Sr. No. _____________________ on _______________and the same is in the possession of Mortgagor.

ANDWHEREAS the Mortgagor approached the Mortgagee for a loan of Rs. ______________for promotion of business.

ANDWHEREAS the mortgagee has agreed to lend and advance a sum of Rs. __________/- to the Mortgagor his/her/ their request upon having the repayment thereof, with interest and charges secured in the manner hereinafter expressed.

ANDWHEREAS the Mortgagor have agreed to comply with the terms and conditions for securing the said amount alongwith interest and charges.

ANDWHEREAS the Mortgagor have agreed to mortgage the said property in favour of the Mortgagee, as a security for repayment of said loan alongwith interest and charges.


NOW THIS DEED WITNESSETH:-

1. In persuance of said agreement and in consideration of a sum of Rs. __________/- paid on or before the execution of these presence by the Mortgagee to the Mortgagor, the receipt whereof the Mortgagor hereby acknowledge and confirm the Mortgagor do hereby agree with the Mortgagee that the Mortgagor will repay the said amount alongwith interest @______% p.a. with charges etc.

2. The Mortgagor assures that the amount of loan will be utilised for the purpose for which it has been sanctioned. The Mortgagor agrees to repay the said amount of advance alongwith interest @______% p.a. or at such rate as may be fixed form time to time by the _____________________.

3. The Mortgagor shall repay the principal sum advanced by to the Mortgagor with interest in _______ monthly installments each of Rs.________/- Rs._________/- plus/inclusive of interest.

The first of such installment of repayment shall become due on or before the expiry of one month from the date of disbursement of loan and subsequently each installment shall be due in each succeeding month till the entire amount of loan along with interest and charges are paid in full.

4. It is agreed by the mortgagor that each installment shall be paid on or before 15th day of each month, reckoned as per the Gregorian Calendar. If the mortgagor commits default in payment of any of the installment on or before the said 15th day, then the mortgagor has agreed to pay additional interest on each defaulted installment at the rate of __% upto three months and __% onwards will be charged from the date of default till the default is made good.

5. It is hereby agreed and declared that in case any of the installments of principal or interest payable under these presents be not satisfied on the dates herein before appointed for the payment of such installments of principal or interest then the whole amount of principal remaining unpaid together with interest due shall at once become payable to the mortgagee and the mortgagee may forthwith enforce any of the remedies of which a holder of a simple mortgage is entitled under the transfer of Property Act.

6. It is hereby agreed and declared that in the event of default by the mortgagor in repayment of mortgage money, interest and charges, the mortgagee shall be entitled to take possession of the mortgaged property and shall also be entitled to recover the sum outstanding against the mortgagor under these presence and cause the mortgaged property to be sold for realization of the amount accruing due to the mortgagee.

7. In case the proceeds of sale, together with the amount, if any, otherwise realized from the mortgagor fall short of the total amount due to the mortgagee then the mortgagee shall be entitled to recover the balance from the person and other properties of the mortgagor.

8. The mortgagor will within one month form the date of these presents insure and keep insured the mortgaged property from loss or damages by fire, riot and other usual risks in full value thereof with the Insurance Company approved by the mortgagee in joint name of Mortgagor and Mortgagee, including in the said policy usual clause and will duly pay all premiums and sums of money payable for that purpose and will deliver to the mortgagee the policy for such insurance and the receipt for every such payment within seven days after it shall become due and in case the mortgagor shall refuse or neglect to keep the said mortgaged property insured to the amount aforesaid or deliver such policy and receipts as aforesaid then and in every such case it shall be lawful for the mortgagee to insure the same to the amount aforesaid or any less amount and all sums of money expended by the mortgagee in or about such insurance as aforesaid with interest for the same @_____% per annum computed from the or respective times of advancing the same shall be repaid by the mortgagor to the mortgagee on demand and in the meantime shall be a charge on the premises hereby mortgaged in addition to the principal and interest thereon.

9. That the mortgagor agrees that all sums of money awarded as compensation for acquisition of any portion of the mortgaged property by Government or Municipal or railway or any Authority shall be receivable by the mortgagee direct on behalf of the mortgagor and that such money as well as moneys received under and by virtue of any such insurance as aforesaid shall at the option of the mortgagee either be forewith applied in or towards the payment of principal money, interest and costs for the time being remaining due on the security for these presents.

10. For the consideration aforesaid and in further pursuance of the said agreement the mortgagor hereby grants and transfers by way of simple mortgage unto the mortgagee all the property described in the schedule hereto together with all rights, easements, and appurtenances thereto and all his/her/their rights, title and interest in and to the said premises hereby mortgaged shall remain and be charged by way of simple mortgage and free from all encumbrances as security for the payment to the mortgagee of the said principal money interest and costs in accordance with the convenants hereinbefore contained.

11. That the mortgagor shall allow the mortgagee its servants, agents and surveyors at all reasonable times to enter the said premises and view and examine the state and condition thereof.

12 .The mortgagor hereby convents with the mortgagee that the mortgaged property is free from all or any encumbrances and shall not sell, gift, exchange, mortgage or alienate in any other manner nor shall assign his/her/their interest in the said property of whatsoever nature, nor shall create any charge or encumbrance on the said property during the subsistence of the mortgage.

13. The mortgagor undertake to pay all the tax, dues cesses and outgoings in respect of the mortgagor property regularly and punctually and produce the receipts thereof to the mortgagee for verification and record.

14. The mortgagor undertake that he/she/they will deposit with the mortgagee all the original documents of the mortgaged property.

15. The mortgagor undertakes that he/she/they will bear all expenses such as stamp duty, advocate fees, registration charges and other incidental expenses in connection with this deed.

16. The mortgagor agrees that if he/she/they commits default in making the payments of installment then the mortgagee shall be entitled to call back the entire amount of balance with interest then due and in that case the mortgagor will have to make the payment forewith and will not be entitled to claim the benefit of concession of installment or the excuse the payment of additional interest.

17. It is agreed by and between the parties that the said property/properties is to stand as a continuing security for the credit limit/loan sanctioned by the mortgagee to the borrower/mortgagor and it will be enforceable for all monies which may at any time become due and owing by the borrower/mortgagor to the mortgageee/lender under the said credit account and/or all other accounts, was after expiry of the period.

ALL THAT PIECE AND PARCEL OF LAND AND BUILDING nowstanding and hereinafter constructed along with all the rights appertaining to it bearing plot no.______________________ cts.no______________________ dist. Pune situated within the registration sub-district haveli and dist-pune and also within the limits of P.M.C/P.C.N.T.D. Authority admeasuring about _____________sq. mtrs. I.e. _____________sq. ft. and bounded as follows:-

ON OR TOWARDS EAST:

ON OR TOWARDS SOUTH:

ON OR TOWARDS WEST :

ON OR TOWARDS NORTH:


IN WITNESS WHEREOF the parties to this Deed have set their respective hands and seal on the day and date mentioned hereinabove at _________.

WITNESS :

1)_______________

2)_______________
MORTGAGOR

1)_______________

2)_______________
MORTGAGEE
 
CERTIFICATE OF TITLE
Certified that title of the property situated at_____________________________ which is within the limits of Municipal Corporation and within the limits of________Municipal District Taluka_______, Dist:_______, admeasuring about_________Sq. mts. And bounded as under:-

On or towards east by ________________.
On or towards West by ________________.
On or towards South by ________________.
On or towards North by ________________.

Is owned and possessed exclusively by the owner _____________________ residing at __________________. The said property belongs to the said _________________________ and is in his possession. The title of the said property is clear and marketable and there are no encumbrances. The title certificate is on the basis of search conducted from the revenue records of last 30 years.
 
TRANSFER DEED

THIS DEED OF TRANSFER is made at _______________(city) this _____ day of _____, 20__, BETWEEN : __________________________ Indian Inhabitant residing at ______________________________________, (city), hereinafter referred to as "THE TRANSFEROR" (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to include her heirs, executors and administrators) of the ONE PART and ________________________, Indian Inhabitant residing at _________________________________ _____________________, (city), hereinafter referred to as "THE TRANSFEREE" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and assigns) of the OTHER PART.
WHEREAS :
i. The Transferor is a registered member of ________________________ Co-operative Housing Society Ltd., a Co-operative Society formed and registered under the provisions of the Maharashtra Co-operative Societies Act, 1960, under Registration No.______________________ dated __________ situated at _____________________, (city) (hereinafter called "the said society") and as member of the said society, the Transferor is holding __ ( ___ ) fully paid up shares of Rs._________/- (Rupees ___________________ only) each bearing distinctive Nos.___ to ___ (both inclusive) as per the share certificate No.___ issued by the said society (hereinafter called the "the said shares").
ii. By virtue of being member of the said society, the Transferor is absolutely seized and possessed of and otherwise well and sufficiently entitled to flat No.___, admeasuring ___ sq.ft. built up area on the _______ floor of building No.__ of _______________________ (hereinafter called "the said Premises") situated at _______________________________ (city) belonging to the said society.
iii. The Transferor has agreed to sell and transfer to the Transferee, and the Transferee has agreed to purchase and acquire all right, title and interest of the Transferor in the said share certificate No.__ and in flat No.___, on the ground floor of building No.__ of _________________ situated at _______________ (city), at or for the sum of Rs._________/- (Rupees _____________________ Only) on the terms and conditions hereinafter contained.
iv. The Transferee has paid to the Transferor the full consideration of Rs._________/- (Rupees _________________ only) before the execution of these presents.
v. The Transferor has obtained the consent of the said society for the transfer of the said shares and the said premises to the Transferee.
vi. The Transferor has executed and handed over to the Transferee the Transfer forms and all other letters, documents and writings as required under the Maharashtra Co-operative Societies Rules, 2061 and bye-laws of the said society for the effectual transfer of the said Premises and the said Shares.
vii. The stamp duty and registration charges payable in respect of this Deed of Transfer shall be borne and paid by the Transferee alone. The transfer fee / premium / Donation payable to the said society in respect of the transfer of the said shares / premises shall be borne and paid by the Transferee and the Transferor in equal proportion.
viii. The Transferor has handed over to the Transferee the vacant and peaceful possession of the said premises alongwith the original of the said share certificate and all other documents pertaining to the said premises and the Transferee has requested the Transferor to execute these presents which the Transferor has agreed to do in the manner hereinafter appearing.


NOW THIS INDENTURE WITNESSETH AS FOLLOWS :
1. In pursuance of the aforesaid agreement and in consideration of a sum of Rs._________/- (Rupees _______________ only) paid by the Transferee to the Transferor on or before the execution of these presents being the full consideration receivable by the Transferor, (the payment and receipt whereof the Transferor doth hereby admit and acknowledge) the Transferor for herself and her heirs, executors and administrators and assigns DOTH HEREBY grant, convey and transfer unto the Transferee all her beneficial rights, title and interest into and upon the said shares bearing distinctive Nos.__ to __ (both inclusive) vide share certificate No.__ issued by the _______________ Co-operative Housing Society Limited and all funds (including sinking fund) and properties standing in her name in the records of the said society AND including the flat No.___ admeasuring ___ sq.ft. builtup area on the ____ floor of the building __________ of _______________ of the said society situated at ____________ ____________ (city) TOGETHER with all the rights and privileges whatsoever of the Transferor as the member of the said society and all the rights, title and interest of the Transferor in the said shares and in the said Premises SUBJECT HOWEVER to the payment by the Transferee of all taxes and outgoings and other charges now or hereafter payable to the said society or any other body AND the Transferor doth hereby covenant with the Transferee that the Transferor is the absolute owner of the said shares/Premises and she has full right, power and absolute authority to transfer her rights, title and interest in the said Premises and the said shares in favour of the Transferee in the manner aforesaid AND the Transferor doth hereby covenant that she shall at the request and cost of the Transferee sign and execute such further deeds, documents and papers which the Transferee may reasonably require to effectively transfer and vest the Transferor's right, title and interest in the said shares and the said Premises in favour of the Transferee.


2. The Transferor declares records and confirms that
a. The said Premises with all rights attached thereto are free from all encumbrances charges of any kind whatsoever and the Transferor has observed the bye-laws of the said society and cleared all dues in respect of the said Premises till the date of execution of this transfer deed. The Transferor further declares that the said shares and the said Premises are neither the subject matter of any litigation, nor the same are attached in the execution of any decree whether of Government or otherwise.
b. The Transferor has not created or purported to create any tenancy rights, licence or other rights of use and occupation in respect of the said Premises.
c. The Transferor has not contracted to sell / transfer the said Premises / shares to any other person and the said Premises / shares are free from all encumbrances, liens, charges of any nature whatsoever.
d. The Transferor covenants with the Transferee that the Transferor shall indemnify and keep Indemnified the Transferee from and against all actions, claims, demands, charges etc. falling due prior to execution of these presents in respect of the said shares/ Premises.
e. The Transferor agrees to accompany the Transferee and/or her legal advisor or her representative to the office of the Sub-Registrar of Assurance and lodge this transfer deed for registration and admit the execution thereof.
f. The Transferor agrees to produce his Income-tax Clearance Certificate u/s. 230A of Income-tax Act, 1961 to enable the Transferee to register this Transfer Deed.

3. The Transferee declares that on being admitted as a member of the said society he will observe and abide by the rules regulations and bye-laws of the said society from time to time in force.

4. The stamp duty, registration charges if any payable in respect of this deed of transfer and in any other document to be executed in future in respect of the said Premises / shares shall be borne and paid by the Transferee alone. The Transfer premium/charges payable to the said society in respect of the transfer of the said shares/premises shall be borne and paid by the parties to this Deed in equal proportion.


IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set and subscribed their respective hands on the day and year first hereinabove written.
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEROR" )
__________________________ ) ______________________
in the presence of ......... )
SIGNED AND DELIVERED by the )
withinnamed "THE TRANSFEREE" )
___________________________ ) ______________________
in the presence of ......... )
RECEIPT
RECEIVED of and from ___________________________ a sum of Rs_________/- (Rupees ___________________ only) vide Cheque No.______ dated __/__/20__ drawn on _______________, _________ Branch, (city), being the full and final payment towards the transfer of share certificate No.__ issued by _________________ Co-operative Housing Society Ltd. and flat No.___ on the ______ floor of Building No.__ of ____________ Co-operative Housing Society Ltd. situated at ________ _______ _____________________, (city) as within mentioned.
I SAY RECEIVED

____________________________
( __________________________ )
Transferor
WITNESSES :
1.
2.
 
Surrender Deed

This Deed of Surrender_________ made this _________day of__________, between _________ age about ______ , occupation _________, residing at ___________________________, at________of the FIRST PART
AND
___________( a co-operative housing society LTD, registered under _____________dt _________ having registered office at present at __________________ hereinafter called party of the SECOND PART ( hereinafter called and referred to as 'Society', which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its administrators, liquidators, etc).
WHEREAS the society is registered under provisions of_______________Act, 1960 and the parties of the FIRST PART is holding right, title, and interest in respect of the shares and share certificate allotted to her/him as member and also the holder of incidental rights of occupation in respect of plot no.____ admeasuring about _________ sq.mtrs. i.e _____ sq. fts. More particularly described in schedule hereunder
ANDWHEREAS the said member till this day did not construct on the said plot reserved for her and which remained vacant,
WHEREAS the said party of the FIRST PART do not desire to construct and occupy the said plot no. ____ in future and that the party of the FIRST PART are desirous of transferring their properties in favor of the person who shall be admitted as a member of the society and has further admitted to transfer her share and interest in respect on plot no _________ and has further requested the society that she has no interest existing in the said plot no _________ and she is ready and willing to surrender her leasehold rights in the society willfully alongwith the right, title, if any and interest in shares without any consideration from the society.
ANDWHEREAS the member is a lessee in respect of plot no. ____ under the registered lessee deed dt _________ registered in the office of Sub-Registrar,___________ at Sr. _________on_________, and
WHEREAS the said party of the FIRST PART do not desire to construct and occupy the said plot no. ____ in future and that the party of the FIRST PART are desirous of transferring their properties in favor of the person who shall be admitted as a member of the society and has further admitted to transfer her share and interest in respect on plot no _________ and has further requested the society that she has no interest existing in the said plot no _________ and she is ready and willing to surrender her leasehold rights in the society willfully alongwith the right, title, if any and interest in shares without any consideration from the society.
The society has accepted the surrender of the said plot no. _________in favor of the society and in lieu of the said surrender the society is ready to pay to the parties of the FIRST PART and the share money which stands as Rs. _________and the amount in respect of the plot standing in her name, and


NOW THIS deed or surrender witnesseth as under:-
That the party of the FIRST PART has surrendered without any consideration but accepting refund of Rs. _________ all her rights, title and interest as lessee and otherwise all the rights as member in respect of the said property i.e plot no. _________ which has been described in as hereunder, in favour of the society and the society has accepted the said surrender of the said plot from the party of the FIRST PART . The society by virtue of this surrender of the said plot has got all powers and control over the said acts of surrender in respect of the plot no. _________ under the N.C.S. Act . 1960.

IN WITNESSETH WHEREOF the parties hereinabove mentioned have put their seal and signatures on the day and date hereinabove mentioned in presence of the witnesses:-

DESCRIPTION OF THE PROPERTY

All that piece and parcel of land bearing plot no. _________ situated on the lessors estate bearing S.Nos. _________&_________(part) in the village_________ in registration sub district of haveli, dist.- _________, within the limits of _______ municipal corporation and bounded as follows:-

ON OR TOWARDS EAST:

ON OR TOWARDS SOUTH:

ON OR TOWARDS WEST :

ON OR TOWARDS NORTH:

Measuring approximate. _________Sq. mtr i.e. . _________sq.fts.


THE PARTY OF THE FIRST PART


THE PARTY OF THE SECOND PART


WITNESSESS:-

1.


2.


S C H E D U L E 'A'

ALL THAT PIECE AND PARCEL OF LAND BEARING S. NO. _________ CTS. NO. _________ situated at . _________ Tal. _________, Dist.______ within the registration of Sub-District________, Dist._______, within the limits of ________ municipal corporation admeasuring about . _________ sq. fts i.e . _________ sq, mtrs. and bounded as follows:-

ON OR TOWARDS EAST:

ON OR TOWARDS SOUTH:

ON OR TOWARDS WEST :

ON OR TOWARDS NORTH:

S C H E D U L E 'B'

ALL THAT PIECE AND PARCEL OF LAND BEARING S. NO. _________ CTS. NO. _________ situated at . _________ Tal. ___________, Dist. _______ within the registration of Sub-District ________, Dist._________, within the limits of_________municipal corporation admeasuring about . _________ sq. fts i.e . _________ sq, mtrs. and bounded as follows:-

ON OR TOWARDS EAST:

ON OR TOWARDS SOUTH:

ON OR TOWARDS WEST :

ON OR TOWARDS NORTH:



IN WITNESS WHEREOF the parties hereto have set their respective hands and seals as the day and date mentioned hereinabove at ___________.

WITNESSESS:-

1.


2.

Borrower

 
TENANCY AGREEMENT

ARTICLES OF AGREEMENT made at_________this_____________day of ______,2001, BETWEEN__________________________, Adult Indian Inhabitant, residing at __________________________ hereinafter referred to as "THE LANDLORD " (which expression shall, unless it be repugnant to the context of meaning thereof, be deemed to include his heirs, executors, administrators and assigns) of the ONE PART
AND

____________________________" Adult, Indian Inhabitant, residing at _____________________________________ " hereinafter called "the TENANT " OF THE Other part.

WHEREAS the Landlord is the owner and is well and sufficiently entitled, seized and possessed of all the piece and parcel of land and building situated at Room No._______.

AND WHEREAS the said Tenant has approached the Landlord and requested him to let out the said premises for the purpose of residence in the said building and requires the said premises for him and his family members.

AND WHEREAS the Landlord has received the request from the said Tenant to let out the said premises and accept him as contractual tenant which the Landlord agreed to do and accordingly accepted the Tenant as his Tenant with effect from______________, 2000 in respect of Room No._____________________________ on the terms and conditions and stipulated mutually and orally agreed by the Landlord and Tenant.

AND WHEREAS the parties hereto are reducing the said agreed terms in to writing.

NOW THEREOF THIS INDENTURE RECORDS that the Tenant is accepted as Landlord's monthly tenant is accepted as Landlord's monthly tenant and the said Tenant is Landlord's monthly tenant is in respect of Room No. _________ from ______(date) on the following terms and conditions:-

The landlord doth and hereby let to the Tenant as his monthly tenant in respect of Room no._______ and the Tenant hereby agrees that he has taken on the said premises as monthly tenant of said premises on the ___________Floor of the said Building on the terms and conditions hereinafter records. The monthly standard rent of the said premises shall be Rs.___________(Rupees only) per month inclusive of all permitted increases as on ____________but which will be exclusively of any kind of electric charges.

THE TENANT HEREBY AGREES AS FOLLOWS :-

1. To pay monthly rent due in the next month on or before the 10th day of each month at the Landlord's place whether demanded or not;

2. To pay all charges for electric energy and water consumed on the demised premises;

3. To pay all kinds of taxes, permitted increases, repair cess, which the tenant or occupier of the premises are by law bound and liable to pay on demand at any time;

4. Not to do or suffer to be done in or about the demand premises anything contained which may be or become nuisance, annoyance or cause damages to the neighbouring owners, tenants, occupiers of the said building.

5. Not to use the said Premises for any illegal or immoral purposes or any other purposes prohibited by the local / municipal authorities.

6. Not to cut or injure any wall or timber, or any other parts of the demised premises or make any changes, alterations, additions on the demised premises without first obtaining the written consent of the Landlord and any change, alterations, additions, fittings made with such written consent of the Landlord shall become and be considered the property of the Landlord after they are made, the Tenant shall not be entitled to remove the same either before or after the expiration of the Tenancy.

7. Not to sub-let, re-let, assign or transfer or part with the possession of the demised premises or any part thereof too any persons.

8. Not to store, keep pr stock any goods , articles, in the passage or compulsory open space or on road save and except in course of goods, articles taken in and brought from the demised premises.

THE LANDLORD HEREBYAGREES AS FOLLOWS :-

9. That the Tenant paying rent herein before reserved and observing and performing the stipulations and averments on this part herein before contained and shall quietly enjoy the demised premises without interruption by the landlord or any person or persons lawfully claiming through, under or in trust for him.

10. To pay and discharge all existing and future rates and taxes assessment that may be imposed or charges upon the demised premises by the Mumbai Municipal Corporation, Government of Maharashtra, or any other authority including all increases payable by the Landlord consistent with the covenants by the Tenant in that behalf herein before stated.

11. That the Landlord and his agent, contractors, servants or any intending purchaser or purchasers or tenant authorised by the Landlord shall have full liberty to inspect demised premises at any reasonable hour to view the conditions thereof and to effect such repairs as the Landlords is required to do pursuant to his covenants in that behalf herein contained and to carry out any work and the Tenant shall allow the same to be done without any objection.

12. The Landlord shall not be responsible for any damages or injury whatsoever caused by pulling down the wall or floor whether by fire, leakage, accident,, rains, white-ants or any explosion or bursting or any water or gas pipe line or electric installations or circuits.

13. The Tenant shall, on execution of this Agreement, deposit with the Landlord three months rent at the rate of Rs__________/-.(Rupees ____________________ only) per month total amounting to Rs.________/-(Rupees ________________only) which the amount shall continue to remain as deposit and to be adjusted in payment of the monthly rent shall continue to remain as deposit and to be adjusted in payment of the monthly rent for the last month of the tenancy. The said deposit amount of three months rent shall not carry any interest.

14. The landlord confirms that he has received a sum of Rs.__________/-(Rupees ___________________only) from the rent as Premium for letting the said premises to him.

15. The Tenant hereby agrees and undertakes that the said rent of Rs._________ is the STANDARD RENT of the said let out to him inclusive of all permitted increases imposed by the concerned authority from time to time and demanded by the authority from time to time and demanded by the authority hereinafter which he is bound and liable to pay to the Landlord on demand.

16. The Tenant hereby agrees to abide by all the terms and conditions printed on the rent bill, which is part and parcel of this Agreement.

17. The Tenant hereby agrees and confirms that the said demised premises has been let out to him for the purpose of Residence only and the Tenant shall not change the user of the premises under any circumstances.



IN WITNESS WHEREOF the parties hereunto set and as subscribed their respective hands and seals the day and year hereinabove written.
SIGNED SEALED AND DELIVERED by )
The withinnamed____________________ )
the LANDLORD, )
in the presence )
of______________ )
SIGNED SEALED AND DELIVERED )
By the withinnamed__________________ )
________________________ )
the Tenant, )
in the presence of_____________ )
GENERAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME, I _______________________, Indian Inhabitant, residing at_________ ___________________________________,
WHEREAS I am going to be out of ___________ for a long time. I wish to appoint fit and proper persons to look after my affairs in my absence.
AND WHEREAS ________________________________(name), know all my affairs and are capable of handling the same. I therefore, desire to appoint ______________________________________ to act as my Attorney and to look after my affairs.
AND WHEREAS _____________ has consented to act as my Attorney (hereinafter referred to as the "said Attorney").
NOW KNOW YE AND THESE PRESENTS WITNESS that I, the abovenamed ______________________, do hereby appoint, nominate and constitute _________________and _______________________, residing at ___________________________________________________, to be my true and lawful Attorney, jointly or severally in my name and on my behalf and to do and execute all or any of the following acts, deeds, things, that is to say:-


1. To apply and obtain various permissions under the foreign Exchange Regulation Act, 1973 and or any other Central or State Act and to complete all those formalities which may be required for obtaining such permissions.

2. To communicate, give undertaking to Reserve Bank of India or any other authority prescribed by the law.

3. To enter into, make, sign and execute and deliver and acknowledge and perform any contract or contract/s, undertaking any other writings required by Reserve Bank of India under Foreign Exchange Regulations Act.

4. To sign, verify the written statements, objections, memorandum of appeals and applications of all kinds and to file them with any authority including Reserve Bank of India, or the Assistant Director, Joint Director, Additional Director appointed under the Foreign Exchange Regulations Act.

5. From time to time purchase, take on lease or mortgage or otherwise acquire and hold properties movable or immovable as may be thought necessary or expedient on my behalf.

6. To pay necessary cost, taxes, out going charges, expenses and dues in respect of the property purchased.

7. To apply for and obtain no objection certificate under Maharashtra Co-operative Societies Act or from any other body or bodies in respect of agreement of purchase or sale of the property and to do all Acts, Deeds, matters and things necessary for obtaining such certificates, in connection with the property.

8. To execute transfer instruments, conveyance or other deeds in respect of property purchased or sold.

9. To deal and correspond with electric supply company for installing meter or for transferring the meter installed in the premises owned by me. For such to sign any document writing affidavit undertaking indemnity as may be required by the concerned authorities.

10. To collect dividends and duly discharge dividend warrants by issuing valid receipts in respect of the shares/debenture belonging to me and to represent me as and when necessary before such Authority or authorities or companies for the purpose of taking delivery of the shares, dividend warrants and bonus shares that may be issued by any company whose shares are possessed by me and owned by me or may be possessed by me or owned by me in future and to attend as a proxy in company meetings and to give vote or votes.

11. To open, operate, close, transfer, bank accounts and to sign and/or endorse my name to any cheques or other negotiable instruments, drafts, fixed or call or time deposit-receipts and securities or investments of any kinds and transfer forms, dividend warrants, interest coupons, refund orders or other similar instruments.

12. To receive moneys due to me and sign receipts, to apply for shares/ debenture/ rights application in public limited companies sign application forms, to dispose them at prices considered proper by the said Attorney, sign transfer deeds or other similar instruments on my behalf.

13. To invest any of my moneys in or upon any of the Government securities, Unit Trust, Bonds, promissory notes, shares, debentures, Postal scheme, Mutual Fund, Rural Development Bonds and Bank Deposits, RBI schemes or Corporate bodies, limited companies, firms and institutions or any scheme which may be introduced in future by any of the authorities in my name singly or jointly with others and from time to time to vary the said investments, to deposit in banks or in any public or corporate bodies and withdraw them, renew them for such periods as deemed fit by my Attorney and to draw and to collect, interest and other amounts as and when they become due.

14. To encash all my investment made by me in my maiden name and for that to sign all applications, forms, undertakings, or any type of writing as may be required by the concerned authority for renewing them or for encashment of them and also to issue valid receipt.

15. To sell the flat, shop, land/shop plot, garage, parking space, office premises, property/properties purchased by me in my name or jointly with others, to such person(s) on such terms and conditions as my said Attorney may deem fit, and/or relinquish my right, title and interest as the sole owner or in my capacity as beneficiary and to collect/receive sale proceeds/ realization amounts thereof, and to issue receipts for such payments on my behalf.

16. To make and file returns under the Income-tax Act, 1961, Wealth-tax Act, 1957, the Gift Tax Act, 1958 on my behalf and to represent me before any of the concerned authorities including appellate bodies in such proceedings, and appeals and revisions in such proceedings.

17. To examine,adjust, negotiate and settle all accounts and reckoning to compound for any debt due or owing by me.

18. To vote at the meetings of any company or corporate bodies or co-operative Societies or condominium of Apartment owner or any body including meeting called by contractors, Builders, Promoters, Tenants or members or owners of a house or building where I or My Attorney have bought or owned a flat or have other interest or where otherwise act as my proxy as the case may be or representative or appoint proxies in respect of any property, share debenture etc. now held by me or which may hereafter be acquired in my name by the said Attorney.

19. To pay insurance premium on my life policies or on my properties and have correspondence with the concerned authority on all attendant matters and to sign all forms, claims, settlements etc.

20. To commence, institute, file, carry on, continue, prosecute, defend, answer or oppose all actions, suits, writ petitions or other legal proceedings and demand and to appear in any court of Justice in any actions or other proceedings which may be instituted by and/or against me and in the said actions or proceedings to prosecute or discontinue or to become nominated therein or suffer judgement to go against me as the Attorney shall be advised and think proper.

21. To appoint any advocate, solicitor, chartered accountants, pleader or any other legal or income tax practitioners.

22. To apply for certified copies, inspection of and to inspect the judicial records.

23. To manage all my properties, movable and immovable, now owned and possessed by me or which I may possess in future, to do all such lawful acts as the said Attorney may consider necessary and expedient for my advantage as the case may be and for the benefit of my estate and in particular to improve them, to lease them, to collect all rents and profits and to take all lawful proceedings and means by suits or any other actions for recovery of and receiving the rents and otherwise for managing these properties of mine.

24. From time to time purchase, take on lease or mortgage or otherwise acquire and hold properties movable and immovable as may be thought necessary or expedient on my behalf.

25. To claim, demand, sue for, enforcement of payment of and receive and give effectual receipts and discharges of all moneys, securities for money, debts and legacies which I now possess or to which I am or is entitled or to which I may become entitled or which are or may become due owing or payable or transferable to me from any person or persons.

26. To sell, convert, collect, get in or manage or collect otherwise administer any property movable or immovable which may be vested in me alone or jointly with any other person and to execute and sign any deeds and generally to do any acts which I could lawfully have executed signed and done in any such capacity.

27. To sell for consideration any part of my property, to receive the price thereof and to grant receipt for the same and to execute and sign and get registered the transfer deeds, present for registration and to admit execution and to take delivery of any document executed by me or by my Attorney before any Registrar or Sub-Registrar.

28. To let the property on rent belonging to me on such terms and conditions as the Attorney may think fit and proper and receive the rents from the tenant/s or lessee/s the case may be and issue proper receipts for the amounts so received; to maintain the property and effect necessary repairs from out of the rents so derived, to pay all taxes legally payable in respect of the said property, to represent me before the authorities of Bombay Municipal Corporation, authorities under the Maharashtra Land (Ceiling and Regulation) Act, Land acquisition to the society or obtaining any permission for letting out property and to file any sort of undertaking written statement to give proper effect and other authorities and to file all returns or applications before them, to engage counsels, advocates, auditors, agents or other persons, to discharge any or all of them and to appoint other persons instead necessary for any of the purpose on such remuneration, salary or commission as the said Attorney think proper, to represent me before the said authorities and for that purpose to sign vakalatnamas on my behalf.

29. To file suits for recovery of arrears of rent or recovery of loans advanced or deposits made, defend suits filed against me pertaining to my properties and other assets and to compromise such suits.

30. To sign, verify, execute, plaints, written statements, counter claims, petitions, appeals, reviews, applications, affidavits, Power of Attorney and papers of every description that may be necessary to be signed, verified and executed for the purpose of any suit, actions, appeals and proceedings of any kind whatsoever in any Court of Law or Equity, whether of Original, Appellate, Testamentary or Revisional Jurisdiction established by lawful authority or before the Income Tax, Wealth Tax, Gift Tax, Appellate Assistant Commissioner or Tribunals and to do acts and appearances and applications in any such Court or Courts and Forums aforesaid in any suits, actions, appeals or proceedings and all information or complaints that i