SALE DEED
(General)
This deed of sale is executed on ________ day of ______________ month of
_____________ year by Sri./Smt.__________________________,
S/o./ W/o.____________________________, occupation____________________,
and aged __________ years, residing
at_________________________________________________________________
_________________________________________________________________.
1
hereinafter called the "SELLER".
In favour of
Sri./Smt.__________________________S/o./W/o._________________________,
occupation____________________, aged __________ years, residing
at_________________________________________________________________
_________________________________________________________________.
2
hereinafter called the "PURCHASER".
Whereas, the term SELLER and PURCHASER, unless repugnant to the context
shall mean and include there representatives heirs, successors, executors,
administrators, trustees, legal representatives and assigns.
Whereas, the SELLER herein, is the sole and absolute owner of immovable
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property bearing No.___________ known as _____________________ situated
at ________________ and morefully described in the schedule hereunder written
and hereinafter called the schedule property.
Whereas, the SELLER is the absolute owner, having acquired the property, by
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____________________ and since then SELLER has been in possession and
enjoyment of the schedule property and paying taxes and levies thereon, as sole
and absolute owner thereof.
Whereas the SELLER herein being desirous of selling the Schedule property due
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to the reason ____________
Whereas the PURCHASER has agreed to purchase the schedule property in terms
an oral / written agreement for a total sale consideration of Rs.____________
(Rupees________________________________________only) and the purchaser
in terms of aforesaid oral / written agreement agreed to pay the entire sale
consideration at the time of execution of the sale deed.
Whereas in consideration of the purchaser having paid the entire sale
consideration Rs.____________Rupees_____________________________only)
as aforesaid the receipt of which has been duly acknowledged by the SELLER,
who acquits the purchaser from making any further payment towards sale
consideration, the SELLER, as beneficial owner, DOES HEREBY GRANT,
CONVEY, TRANSFER, BY WAY SALE AND ASSIGN unto and in favour of
the purchaser of the schedule property and every part thereof together with the
right, title and interest therein, with all the benefits advantages, concessions,
licenses, hereditaments, easementary rights, equities, claims, demands, privileges,
appurtenances or any other things hidden in the earth belonging to or appurtenant
thereto etc., attached to belonging to and reputed to belong to the Schedule
property TO HOLD, TO POSSESS AND TO ENJOY the same forever free from
all encumbrances, charges, all kinds of mortgage, agreement to sell, court
litigation's and any other statutory charges.
Whereas the SELLER hereby declares and covenants with the purchaser that he is
the sole and absolute owner of the Schedule property and has a clear, legally valid
and marketable title thereto and therefore, an absolute right to sell and convey the
same to the purchaser in terms of this deed. The SELLER further declares that he
has not done any acts, deeds or things so as to curtail, restrict or prejudice his right
to convey or prevent him from selling the Schedule property in terms of this deed.
Whereas the PURCHASER having now paid the entire sale consideration as
detailed below, has requested the SELLER to execute the Sale deed in his favour
and the SELLER has duly agreed thereto.
NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH AS
HEREUNDER:
1. The SELLER hereby confirms that the PURCHASER has paid the entire sale
consideration as under:
a. Amount paid by Cheque No.___________
or in Cash on dated___________ Rs.______________
b. Remaining amount paid by Cheque
or D.D. or Pay order before
Sub-Registrar at the time of Registration
of this Sale deed Rs.______________
Total Rs.______________
(Rupees__________________________________________ only)
Whereas the SELLER hereby further declares that the schedule property is free
from all encumbrances, lien, charge, mortgage, lease, court or other attachments,
lis-pendens, acquisition and requisition proceedings, minor's claims or any other
adverse proceedings or claims from third parties which are in any way
detrimental to the interest of the PURCHASER
Whereas the SELLER hereby assures the PURCHASER that all taxes and levies
on the Schedule property have been paid up to date and arrears if any, till the date
of sale deed shall be duly paid by him and future taxes in respect of the Schedule
property shall be paid by the PURCHASER.
Whereas the SELLER hereby declares and covenants with the PURCHASER that
he shall do or cause to be done all acts, deeds and things which are legally or
reasonably required to be done at the instance of the PURCHASER for morefully
and perfectly assuring the right, title and interest of the PURCHASER in the
schedule property herein conveyed and the PURCHASER shall bear such
expenses.
Whereas the SELLER hereby indemnifies and keeps the PURCHASER or his
successors-in-title fully indemnified against any loss or liability cost or claims,
action or proceedings, if any should arise, at any time in future against him owing
to any defect in or for want of clear and marketable title or due to any defect,
violation or non-compliance of any of the declarations or covenants herein.
Whereas the PURCHASER shall be the sole and absolute owner of the schedule
property with attendant rights of ownership, possession, enjoyment and shall be
entitled to deal with and dispose of the Schedule property as deems fit witho ut any
interference, obstruction or hindrance from the SELLER or any one claiming
under, through or in trust for him.
Whereas the SELLER has this day delivered the vacant possession of the schedule
property to the PURCHASER along with all the available original title deeds and
documents which are in his possession pertaining to or relating to the schedule
property.
SCHEDULE OF THE PROPERTY
(Conveyed under this deed)
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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 conveyed under this deed is Rs._____________
(Rupees____________________________________only).
The Stamp duty is paid on the market value as computed above.
IN WITNESS WHEREOF the parties herein have affixed their respective
signatures to this deed at _______________ on this ______________ day of
______________ year in presence of the witness:
WITNESSES:
1. SELLER
2. PURCHASER
1
[ if the seller is represented by his agent such as guardian or general power of attorney holder
or special power of attorney holder, then his full name, occupation, age, address and capacity
under which he represents the SELLER shall be entered]
2
[ if the purchaser is represented by his agent such as guardian or general power of attorney
holder or special power of attorney holder, then his full name, occupation, age, address and
capacity under which he represents the purchaser shall be entered]
3
[ Full details of the property number such as Khata number, street/road with reference to the
local authority records and boundaries shall be furnished. If the land sold is an agricultural land,
details of the survey number, acre, guntas, revenue assessment and boundaries of the land sold
with reference to the revenue records should be furnished. If the property purchased is a Flat /
Apartment details of the property on which the Flat / Apartment is constructed, flat number, floor
number, name of the apartment etc., full details of the property so as to identify shall be
furnished.]
4
[ Describe whether the ownership is acquired by inheritance or by partition of joint family
property or by release or by gift or by settlement or by will (bequeath) or by sale deed executed
by _______________ registered as document No._____________ of Book No._____, Volume
No._____, Page No.______ in the office of the Registrar or Sub-Registrar]
5
[ To clear of the debt / for higher education of children / to defray medical expenses / domestic
necessities]
6
[ Full details of the property number such as Khata number, street/road with reference to the
local authority records and boundaries shall be furnished. If the land sold is an agricultural land,
details of the survey number, acre, guntas, revenue assessment and boundaries of the land sold
with reference to the revenue records should be furnished. If the property purchased is a Flat /
Apartment details of the property on which the Flat / Apartment is constructed, flat number, floor
number, name of the apartment etc., full details of the property so as to identify shall be
furnished.]
DEED OF SIMPLE MORTGAGE
THIS DEED OF SIMPLE MORTGAGE is made at ______________ this _____
day of ________ 200__
between
(1) _______________, son/daughter of _____________ aged about ______ years
resident at ___________________(hereinafter referred to as the ‘Mortgagor which
expression shall unless repugnant to the context or meaning thereof, be deemed
to mean and include his/her legal heirs, executors and administrators) of the one
part.
OR (applicable in case of a couple )
_________________, son/daughter of _________________ aged about _____ years
and his/her spouse __________________, son/daughter of ________________
aged about _____ years both residing at ___________ (hereinafter referred to as
the ‘Mortgagors’ which expression shall unless repugnant to the context or
meaning thereof, be deemed to mean and include their legal heirs, executors and
administrators) of the one part; and
(2) ____________________ [Housing Finance Company (HFC)], a company
within the meaning of the Companies Act, 1956 (1 of 1956) and having its
registered office at ________________________ (hereinafter referred to as the
‘Mortgagee’ which expression shall, unless repugnant to the context or meaning
thereof, be deemed to include its successors in interest and assigns) of the other
part;
OR (in case of a Bank)
[ x ] a banking company within the meaning of the Banking Regulation Act,
1949 and having its registered /head office at [ x ] and a branch office at
______________ (hereinafter referred to as the ‘Mortgagee’ which expression
shall, unless repugnant to the context or meaning thereof, be deemed to include
its successors in interest and assigns) of the other part;
WHEREAS:
(A) The Mortgagor is absolutely seized and possessed of or otherwise well
and sufficiently entitled to the land and premises bearing municipal
survey no. ________ lying being and situate at ___________________
within the city/village limits of [_____] registration sub-district [_____]
and district [____] (hereinafter referred to as the “ Residential Property”)
more particularly described in the Schedule hereunder written;
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(B) By a loan agreement dated ___________ (the “Loan Agreement”) made
between the Mortgagor as the borrower of one part and the Bank as the
lender of the other part, the Mortgagee has agreed to lend and advance to
the Mortgagor and the Mortgagor has agreed to borrow from the
Mortgagee the amount of Rs. ____________ (Rupees _____________) (the
“Loan”) upon the terms and conditions set out therein against the security
by way of mortgage of the said Residential Property
(C) The Mortgagee has called upon the Mortgagor to create mortgage on the
said Residential Property as and by way of security for repayment of the
Loan and payment of interest as hereinafter provided.
NOW THIS DEED WITNESSETH that in pursuance of the said Loan
Agreement and in consideration of the sum of Rs. ____________ lent and
advanced/ to be lent and advanced by the Mortgagee to the Mortgagor on the
execution of these presents (the receipt whereof, the Mortgagor doth hereby
admit) the Mortgagor hereby covenants with the Mortgagee that the said sum of
Rs. ____________ together with interest, costs, charges, expenses and all other
amounts payable under the Loan Agreement (the “Mortgage Debt”) shall
become due and payable on the happening of any one of the following events
(hereinafter referred to as the “Specified Event”) whichever occurs first, that is to
say:
a) on the Mortgagor’s death (or in case where the Borrowers are a married
couple, on the death of the surviving spouse); or
b) in the event of the Mortgagor selling the Residential Property ; or
c) if the Mortgagor permanently moves out of the Residential Property;
Provided that:
i) the amount of the Mortgage Debt shall not exceed the sale proceeds
realized on sale of the Residential Property and in that event the claim for
the Mortgage Debt shall not exceed the sale proceeds of the said
Mortgaged Property;
ii) in the event of any heir/legal representative/executor/administrator of
the Mortgagor is willing to repay and discharges the Mortgage Debt
within sixty days after the death of the mortgagor or his/her spouse, the
Mortgagee shall not take any action for enforcement of the security on the
Residential Property.
iii) in the event the sale proceeds, on the sale of the Residential Property on
enforcement of the security exceeds the Mortgage Debt, such excess
amount shall be retained by the Mortgagee and the Mortgagee may make
payment of the same to the legal heirs of the Mortgagor as may be decided
by the Mortgagee in its absolute discretion after such legal heirs shall have
satisfied the Mortgagee by such evidence as may be satisfactory to the
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Mortgagee that he/they is/are the legal heir(s) and the only person
entitled to inherit the estate of the deceased Mortgagor.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the
Mortgagor doth hereby transfer by way of mortgage the Residential Property
together with all his rights, title and interest in the piece or parcel of land bearing
municipal no. [________] and lying bearing and situate at ____________________
within the city/village limits of [______] registration sub-district [______] and
district [_______] (hereinafter referred to as the “Mortgaged Premises”) and
described in the Schedule hereunder written as a security for repayment and
payment of the said Mortgage Debt with a condition that on the Mortgagor or his
heirs, executors, administrator, assigns repaying/paying the Mortgage Debt due
to the Mortgagee in accordance with the provisions contained in the Loan
Agreement and thereupon, the Mortgagee will release the Mortgaged Premises
from the mortgage security and shall if so required by the Mortgagor execute a
Deed of Release at the cost of the Mortgagor.
AND IT IS HEREBY AGREED AND DECLARED that in the event the Mortgage
Debt is not paid on occurrence of any of the Specified Events, the Mortgagee
shall be entitled to have the said Mortgaged Premises sold through any
competent Court and to realize and receive the said Mortgage Debt out of the net
sale proceeds of the said Mortgaged Property.
Nothing stated hereinabove shall prejudice or adversely affect the right of the
Mortgagee to enforce the security of mortgage of the Residential Property
created hereunder by resorting to the proceedings, remedies and enforcement of
its rights available to it under the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993 and The Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, each for the time being in
force.
AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that he
shall also be liable to pay and shall pay all the costs, charges and expenses that
the Mortgagee will incur for the protection of the mortgage security and/or for
the realization of the Mortgage Debt and the same shall be deemed to form part
of the Mortgage Debt and the security thereof as aforesaid.
AND IT IS FURTHER AGREED that during the pendency of the security hereby
created and until repayment and payment of the Mortgage Debt, the Mortgagor
will get insured and keep insured the Mortgaged Premises from or against loss
and damages due to fire or any other accident in the sum of at least Rs.
___________ with some Insurance Company of repute (and which has been
approved by the Mortgagee) and pay all premia on the insurance policy as and
when the same become due and shall be payable in respect thereof to such
company and shall hand over the policy/ies to the Mortgagee duly endorsed in
its name as assignee And in the event of the Mortgagor failing to do so or to pay
the premium, the Mortgagee will be entitled to insure the Mortgaged Premises
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and/or to pay the premium thereon and the amount paid by the Mortgagee in
respect thereof will be deemed to form part of the Mortgage Debt.
AND IT IS FURTHER AGREED that in the event of the Mortgaged Premises
being destroyed by fire or any accident as aforesaid, the Mortgagee will be
entitled to receive the insurance claim under such policy to the exclusion of the
Mortgagor and to appropriate the same first towards all arrears of interest and
then the principal amount or any part thereof as may be sufficient to pay the
Mortgage Debt due and if any surplus remains the same only will become
payable to Mortgagor.
IN WITNESS WHEREOF the parties have put their hands the day and year first
hereunder written.
THE SCHEDULE – I REFERRED TO ABOVE
(Description of the Residential Property)
Signed and delivered by, ……., the Mortgagor,
Signed and delivered by, ……., the Mortgagee,
in the presence of WITNESSES:
1.
2.
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WILL-DEED
I Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about ________
years _________ by religion, occupation _______________ do make this my last
will and testament.
1. I have not made any will or other testamentary document, but if any made, I
hereby revoke all previous wills and codicils, if any and declare this to be my
last will and testament.
2. I appoint (1) Sri._______________________ S/o.____________________
residing at ________________________________________________ aged
about ________ years _________ by religion, occupation _______________
(2) Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about
________ years _________ by religion, occupation _______________ (3)
Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about
________ years _________ by religion, occupation _______________ as the
executor of this will and trustees of my estate.
3. My family consists of _____________________
4. My property consists of
(a)
(b)
(c) etc.
5. I bequeath all my property in whatever form existing at the time of my death to
the said executor and trustees to hold the same on trust for the benefit of my
wife Smt._____________________ for her life time and till her death as herein
after provided.
6. My executors and trustees shall, after spending the necessary money for the
management of the said property out of the income thereof, pay the net income
to my wife and the same will belong to her absolutely without liability to
account for the same. My executor and trustees will also spend out of the
corpus of estate such amounts as may be required by my wife for medical
expenses or for pilgrimage. But my executor and trustees will not be entitled to
sell my immovable property above mentioned or mortgage the same.
7. On the death of my and if she predeceases me then on my death all my estate
then existing whether mentioned in this will or not, will belongs to my
children,
2
(a) ____________________
(b) ____________________
(c) ____________________ absolutely in equal shares and the trustees for the
time being of the said estate under this will shall transfer the same among
said childr en by executing proper document or documents.
8. Provided that, if at the time of death of my wife or myself as the case may be
any of the said children is a minor, the trustees shall hold the said property on
trust until the youngest attains the age of majority and till then the net income
of the said property will given or spend for maintenance and education of the
said children.
9. My executor and trustees shall obtain probate of this will from a competent
court, if required in law and shall pay all the probate duty and other expenses
required for such probate and also pay as first charge all my other liabilities by
way of taxes or otherwise howsoever.
10. I have made this will out of my free will and when I am in sound health and in
good understanding and in witness thereof I have put my signature hereunder
in the presence of witnesses on this _________ day of _____________ month
of ______________ year.
Signed by the within named testator }
Sri. _________________________ }
opposite in the presence of witnesses, } TESTATOR
who in presence and at his request and }
in the presence of each other have put }
there signature as witnesses hereunder.}
1.Sri. __________________________
Full Address: _________________
. _________________
2. Sri. __________________________
Full Address: _________________
. _________________
GIFT DEED
This deed of Gift is executed at on
day of month of year by
# Name Father Address Proxy Proxy
Name Name type
herein after called the DONOR.
In favour of
# Name Father Address Proxy Proxy
Name Name type
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,measements 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
# PropertyType Khewat Khatoni Khasra Area
No. No. No./Property
No.
Structure Details
# Covered area in Class of Construction
sq ft
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.
DONOR
# Name Proxy Signature
DONEE
# Name Proxy Signature
WITNESSES:
Name Address Signature
Witness 1
Witness 2
[1if the Donor is represented by his agent such as
guardian or general power of attorney holder or
special power of attorney holder, then his full
name, occupation, age, address and capacity under
which he represents the Donor shall be entered]
[2 if the Donee is represented by his agent such as
guardian or general power of attorney holder or
special power of attorney holder, then his full
name, occupation, age, address and capacity under
which he represents the Donee shall be entered]
[3Full details of the property number such as Khata
number, street/road with reference to the local
authority records and boundaries shall be
furnished. If the land donated is an agricultural
land, details of the survey number, acre, guntas,
revenue assessment and boundaries of the land
donated with reference to the revenue records
should be furnished. If the property donated is a
Flat / Apartment details of the property on which
the Flat / Apartment is constructed, flat number,
floor number, name of the apartment etc., full
details of the property so as to identify
shall be furnished.]
[4Described whether the ownership is acquired by
inheritance or by partition of joint family
property or by release or by gift or by settlement
or by will (bequeath) or by sale deed executed by
registered as document No. of Book No.
, Volume No. , Page No. in the
office of the Registrar or Sub-Registrar]
[5Full details of the property number such as Khata
number, street/road with reference to the local
authority records and boundaries shall be
furnished. If the land donated is an agricultural
land, details of the survey number, acre, guntas,
revenue assessment and boundaries of the land
donated with reference to the revenue records
should be furnished. If the property gifted is a
Flat / Apartment details of the property on which
the Flat / Apartment is constructed, flat
number,floor number, name of the apartment etc.,
full details of the property so as to identify
shall be
furnished.]
1
LEASE DEED OF LAND
THIS DEED OF LEASE made at ................. this ................. day of
................., 201…, between ................. son of ................. resident of
.................. hereinafter referred to as "the Lessor" on the ONE PART and
................. son of ................. resident of ............... hereinafter referred to as
"the Lessee" on the OTHER PART.
WHEREAS the Lessor is the exclusive owner of piece of land bearing
Plot No. .................. situated at ……………………………………. ( more
particularly described in the Schedule A hereunder written ), hereinafter
referred to as the demised premises.
AND WHEREAS the Lessor has agreed to grant to the Lessee a lease
in respect of the said premises for a period of .............. years, vide Agreement
of premises lease dated .............. hereinafter referred to as "the said
agreement" subject to terms and conditions laid down in the said agreement.
AND WHEREAS the lessor has made out his marketable title to the
demised premises free from all encumbrances, claims or reasonable doubts.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the rent
hereby granted and the Lessee's covenants hereinafter mentioned, the
Lessor hereby demise unto the lessee the demised premises, to hold
the demised premises unto the Lessee (and his heirs, executors,
administrators and assigns) for a period of................. years
commencing from the ................. day of ................., 201…, at a yearly
rent of the year for which it is due, the first of such yearly rent shall be
paid on ................. and the subsequent rent to be paid on or before the
................. day of every succeeding year regularly.
2
2. The lessee shall construct a suitable house and other structures on the
demised premises hereby demised according to and in conformity with
the map or plans hereto annexed, which has already been sanctioned
by the Municipal Corporation of.................. within a period of one year
from the date hereof.
3. The Lessee hereby agrees to the following covenants:
(a) To pay rent hereby reserved on the day and in the manner
aforesaid to the lessor.
(b) To pay all taxes, impositions, assessments, dues duties payable in
respect of the demised premises and the building to be constructed
thereon to the Government of .................. or the Municipal
Corporation or any other local authority or public body.
(c) Not to sub-let, sell, dispose of or assign the demised premises or
the house constructed on the demised premises without the
consent of the lessor in writing.
(d) To keep the building constructed on the demised premises in good
and tenantable condition.
(e) To permit the lessor or his duly authorised agent or agents to enter
the demised premises at all convenient times for inspection of the
building.
(f) To insure and to keep insured the building that may be constructed
on the demised premises against the loss or damages by fire,
earthquake, riot or affray with an insurance company approved in
writing by the lessor in the joint names of lessor and lessee for an
amount which shall not be less than Rs. ..................
(g) To use the demised premises for construction of house which will
be used for residential purpose only.
(h) Not to use the demised premises or the building constructed or any
part thereof for any illegal purpose.
4. The Lessor hereby agrees to the following covenants:
(a) The lessor is absolutely seized and possessed of or otherwise well
and sufficiently entitled to the demised premises and is having full
3
power and absolute authority to demise unto the lessee the
demised premises.
(b) The lessee shall peacefully and quietly hold, possess and enjoy the
demised premises, during the term of lease without any interruption,
disturbance, claims or demand whatsoever by the lessor or any
person or persons claiming under him, subject however, the lessee
paying the said yearly rent on the due dates thereof and in the
manner herein provided and observing and performing the
covenants, conditions and stipulations herein contained and on his
part to be observed and performed.
(c) Not to unreasonably withhold his consent to any sub-lease, transfer
or assignment of the demised premises, if intended to be made by
the lessee.
5. It is hereby agreed that if default is made by the lessee in payment of
the rent for any three years, or in observance and performance of any
of the covenants and stipulations hereby contained and on the part to
be observed and performed by the lessee, then on each such default,
the lessor shall be entitled in addition to or in the alternative to any
other remedy that may be available to him at his discretion, to
terminate the lease and eject the lessee from the premises demised
and from the building, that may have been constructed thereon; and to
take possession thereof as full and absolute owner thereof, provided
that a notice in writing shall be given by the lessor to the lessee of his
intention to terminate the lease and to take possession of the demised
premises but if the arrears of rent are paid or the lessee comply with or
carry out the covenants and conditions or stipulations, within fifteen
days from the service of such notice, then the lessor shall not be
entitled to take possession of the said premises and building.
AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(a) On the expiry of the term hereby created and subject to the
observance and performance of the covenants, conditions and
stipulations herein contained and on his part to be observed and
performed, the lessee will have the option to renew the lease of the
demised premises for a further period of .............. years, provided
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he gives a notice to the effect in writing by registered post to the
Lessor of his intention to do so at least three calendar months
before the termination of the present lease; provided that the rent
payable by the lessee to the lessor during the extended time of the
lease shall be Rs. ............... per annum, which will include the rent
of the demised premises and of the building constructed thereon,
which on the expiry of term of the lease, shall vest in and be the
absolute property of the Lessor as hereinabove mentioned. After
the expiry of the said period of ................ years, the Lessee shall
not be entitled to exercise further option of renewal of the lease
and shall deliver the demised premises and the building
constructed thereon to the lessor in good condition as hereinbefore
provided.
(b) The Lessee shall be entitled to purchase the reversion during the
subsistence of this demise, in respect of the demised premises on
the payment to the Lessor, a consideration to be agreed upon
between the Lessor and Lessee and the lessor shall execute
conveyance in respect of the reversion of demised premises
purchased by the Lessee in favour of the lessee or his nominee or
nominees; provided that the lessee may be entitled to purchase a
portion or portion of the reversion in respect of any portion of the
demised premises, the rent hereby agreed to be paid by the
Lessee to the Lessor shall be proportionately reduced.
(c) On the expiry of the term hereby created or earlier determination
under the provisions hereof, the lessee will hand over the peaceful
and vacant possession of the demised premises and building
constructed thereon to the Lessor in a good condition.
6. This Lease Deed shall be executed in duplicate. The original shall be
retained by the Lessor and the duplicate by the Lessee.
7. The stamp duty and all other expenses in respect of this Lease Deed
and duplicate thereof shall be borne and paid by the Lessee.
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8. The marginal notes and the catch lines hereto are meant only for
convenience of references and shall not in any way be taken into
account in the interpretation of these presents.
IN WITNESS WHEREOF, the Lessor has set its hand unto these
presents and a duplicate hereof and the Lessee has caused its common seal
to be affixed hereunder and a duplicate hereof on the day, month and year
first hereinabove written.
The Schedule A above referred to
Signed and delivered by the within named lessor
Signed and delivered by the within named lessee
WITNESSES;
1.
2.