SCHOOL OF EXCELLENCE IN LAW
DRAFTING,
PLEADING AND CONVEYANCING
(CLINICAL COURSE – IV)
NAME : BINI R.A.
REG. NO : HA15023
COURSE : B.A., LL.B. (HONS.)
YEAR & SEC : V & ‘A’
SUBJECT CODE : HAXE
FACULTY : Ms. BHAGYA JEYA SHREE
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INDEX
1. GENERAL POWER OF ATTORNEY…………….............................3
2. NON DISCLOSURE AGREEMENT………………………………....6
3. SALE DEED…………………………………………………………..9
4. WILL………………………………………………………………….13
5. RENTAL AGREEMENT…………………………………………….15
6. PURCHASE AGREEMENT…………………………………………18
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1. GENERAL POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY
THIS DEED OF GENERAL POWER OF ATTORNEY EXECUTED AT
VERKILAMBI ON THIS 23RD DAY OF FEBRUARY 2020: BY;
Mr. KINGSTON. J, son of Mr. Jeyapaul. C, aged about 30 years residing at 3/36, Chanivilai,
Verkilambi post, Kanyakumari District – 629166, (ID NO: 2222)
(Mobile no: 7123458900) hereinafter
called the “PRINCIPAL”.
DO HEREBY APPOINT, CONSTITUTE AND NOMINATE
Mr. JEFFRIN. A, son of Mr. Amalraj. X, aged about 28 years residing at 3/27A, Chanivilai,
Verkilambi post, Kanyakumari District – 629166, (ID NO 1342) (Mobile no: 7231456798)
hereinafter called the True and Lawful Power of Attorney to do the
following acts and deeds regarding the Schedule mentioned Property.
WHEREAS THE PROPERTY comprised in 1/112, rubber garden surrounding Mr. Raj
house in the east, Mr. John house in the west, Mr. Ravi rubber garden in the south and the
Verkilambi to Swamiyarmadam road in the north, which is morefully described in the Schedule
hereunder was acquired by the PRINCIPAL by way of SALE DEED DATED 03/15/2010,
REGISTERED in Book No. 1 as DOCUMENT NO. 295A/10, at S.R.O. Verkilambi, from Mr.
Kumaran. D,since then The PRINCIPAL, has become the sole and absolute owner of the
SCHEDULE MENTIONED PROPERTY .
The PRINCIPAL does hereby appoint/nominate Mr. JEFFRIN. A, son of Mr.
Amalraj. X, aged about 28 years residing at 3/27A, Chanivilai, Verkilambi post, Kanyakumari
District – 629166,(ID NO: 1342) (Mobile no: 7231456798)
On his behalf, by this power of Attorney to do the following acts and deeds with regard
to the Schedule mentioned Property.
1. To Sell, Transfer, Lease, Mortgage and to execute all kinds of deeds to that effect,
including Memorandum of Deposit of Title Deeds, Settlement Deed, Release Deed or any
other Deed, with respect to the SCHEDULE MENTIONED PROPERTY and to sign and
to present the same before the
Registering Authority for Registration.
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2. To receive advance and/or entire sale amount, Lease amount etc., and issue receipt
therefor.
3. To enter into agreement for any of the transactions herein.
4. To rent out the SCHEDULE MENTIONED PROPERTY to anybody of his choice at
any rate of rent as deemed fit.
5. To deliver possession of SCHEDULE MENTIONED PROPERTY to the Purchaser or
Purchasers as the case may be either in whole or parts or as individual sites or as
Apartments.
6. To sign all forms and applications for transfer of revenue records in the Corporation on
my behalf in connection with the sale or sales of the SCHEDULE MENTIONED
PROPERTY.
7. To represent, appear and act in all Courts, Civil, Revenue or Criminal whether Original
or Appellate before any Municipal authority, Central or Stare Government District Board
or any other authority and to make representations regarding the same orally or in writing,
relating to the SCHEDULE MENTIONED PROPERTY.
8. Sign and verify Plaints, Written Statements, Affidavits, Petitions, Memorandum of
Appeals or criminal complaints and claims relating to the SCHEDULE MENTIONED
PROPERTY and to defend any actions, civil or criminal that may be initiated against the
PRINCIPAL.
9. To compromise, compound, with draw and to confess judgements or refer to arbitration,
any proceedings in Court or before any Government officer or Authority and to execute
and receive any decree for money or other dealings relating to the SCHEDULE
MENTIONED PROPERTY.
10. To represent before the Land Tribunal or any Department of the State
Government or Central Government or any other Authority for the purpose of filling an
appeal, review or revision and to sign Memorandum of Appeals, Revisions, Review,
representation and to engage any Advocate(s) or any other Competent Person(s).
11. To evict tenant(S) if need arises.
12. To defend The PRINCIPAL in all legal proceedings concerning the affairs of
the SCHEDULE MENTIONED PROPERTY.
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13. To pay all kinds of taxes in respect of the SCHEDULE MENTIONED
PROPERTY.
14. To maintain and render proper accounts, concerning the affairs of the
SCHEDULE MENTIONED PROPERTY to The PRINCIPAL.
15. To appear before Income Tax Authorised to obtain I.T. clearance either for
NOC or sale or Lease etc., in respect of SCHEDULE MENTIONED PROPERTY.
16. No consideration has been received for executing this General power of
Attorney.
17 The PRINCIPAL, hereby, declare that all acts, deeds and things Lawfully done by the said
ATTORNEY shall be constructed as acts, deeds and things done by the PRINCIPAL himself,
by virtue of the Powers hereby given.
SCHEDULE OF PROPERTY
IN WITNESS WHEREOF THE PRINCIPAL AND POWER AGENT HAVE SIGNED
IN THIS DEED OF GENERAL POWER OF ATTORNEY ON
THIS DAY, MONTH AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF.
WITNESSES :-
1. FAYAZ. M Kingston
PRINCIPAL
Jeffrin
2. MOHAN. K AGENT
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2.NON – DISCLOSURE AGREEMENT
NON-DISCLOSURE AGREEMENT
THIS AGREEMENT is entered into as of 21 October, 2019 by and between
Marshall Memorial Christian College, an academic institution with its
principal office located at Nagercoil – Trivandrum Road, Opposite to Appavu
Nadar Textiles, Marthandam – 629165, and Fonsim Technologies Pvt. Ltd.,
with its principal office located at No. 12, First floor, Annai buildings, Court
Road, Nagercoil – 629001.
WHEREAS, the parties hereto have determined to establish terms governing
the use and protection of certain information one party ("Owner") may
disclose to the other party ("Recipient") for purposes of exploring a possible
future business relationship.
NOW, THEREFORE, in consideration of the foregoing, and in reliance on the
mutual agreements contained herein, the parties agree as follows:
1. Confidential Information means information of an Owner
(i) which relates to the purpose and subject matter identified in the recital to
this Agreement, including computer programs, business and technical
information, and data, or
(ii) which, although not related to such purpose or subject matter, is
nevertheless disclosed hereunder, and which, in any case, is disclosed by an
Owner or an affiliate to Recipient in document or other tangible form bearing
an appropriate legend indicating its confidential or proprietary nature, or
which, if initially disclosed orally or visually is identified as confidential at
the time of disclosure and a written summary hereof, also marked with such a
legend, is provided to Recipient within fifteen (15) days of the initial
disclosure.
2. Recipient may use Confidential Information of Owner only for the purpose
of this Agreement and shall protect such Confidential Information from
disclosure to others, using the same degree of care used to protect its own
proprietary information of like importance, but in any case using no less than
a reasonable degree of care. Recipient may disclose Confidential Information
received hereunder only for the purpose described in the recital to this
Agreement and only to (i) its employees and consultants, and (ii) its affiliates,
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employees and consultants, who have a need to know for such purpose and
who are bound by signed, written agreements to protect the received
Confidential Information from unauthorized use and disclosure. The term
"affiliate" means any person or entity controlling, controlled by or under
common control with a party.
3. The restrictions of this Agreement on use and disclosure of Confidential
Information shall not apply to information that: (i) is in the possession or
control of Recipient at the time of its disclosure hereunder; (ii) is, or becomes
publicly known, through no wrongful act of Recipient; (iii) is received by
Recipient from a third party free to disclose it without obligation to Owner; or
(iv) is independently developed by Recipient without reference to Confidential
Information.
4. In the event Recipient is required by law, regulation or court order to
disclose any of Owner, Confidential Information, Recipient will notify Owner
in writing prior to making any such disclosure in order to facilitate Owner
seeking a protective order or other appropriate remedy from the appropriate
body. Recipient further agrees that if Owner is not successful in precluding
the requesting legal body from reviewing the Confidential Information, it will
furnish only that portion of the Confidential Information, which is legally
required and will exercise all reasonable efforts to obtain reliable assurances
that confidential treatment will be accorded the Confidential Information.
5. Confidential Information disclosed under this Agreement (including
information in computer software or held in electronic storage media) shall be
and remain the property of Owner. All such information in tangible form shall
be returned to Owner promptly upon written request and shall not thereafter
be retained in any form by Recipient. No licenses or rights under any patent,
copyright, trade secret, trademark, or other property right are granted or are to
be implied by this Agreement.
6. Owner shall not have any liability or responsibility for errors or omissions
in, or any business decisions made by Recipient in reliance on, any
Confidential Information disclosed under this Agreement. Recipient assumes
all risk, known or unknown, incident to its use of Confidential Information
and Owner shall have no liability of any kind to Recipient or any third party
arising out of such use. RECIPIENT DISCLAIMS ALL WARRANTIES
INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
WARRANTIES OF NON-INFRINGEMENT OF THE RIGHTS OF THIRD
PARTIES (INCLUDING WITHOUT LIMITATION, RIGHTS UNDER
PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL
PROPERTY RIGHTS). RECIPIENT ACCEPTS THE CONFIDENTIAL
INFORMATION IN "AS-IS" CONDITION.
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7. Each party agrees that it will not, without the prior written consent of the
other, issue any press release or announcement or otherwise disclose the nature
of this Agreement and/or the proposed business relationship.
8. Recipient shall indemnify Owner against all losses and expenses incurred
by Owner, including without limitation attorney's fees, which result from the
breach of any part of this Agreement by Recipient.
9. Recipient certifies that no Confidential Information will be exported to any
country in violation of the INDIAN EXPORT & IMPORT RELATED ACTS
and the regulations thereunder.
10. This Agreement shall become effective as of the date of execution by both
parties. All obligations hereunder, including without limitation any and all
obligations regarding the use and disclosure of Confidential Information, shall
continue for a period of Two (2) years from the disclosure of the affected
Confidential Information.
11. This Agreement: (i) is the complete agreement of the parties concerning
the subject matter hereof and supersedes any prior such agreements with
respect to further disclosures on such subject matter; (ii) may not be amended
or in any manner modified except in writing signed by the parties; and (iii)
shall be governed and construed in accordance with the laws of India and the
Courts in Chennai will solely have jurisdiction over the Agreement, without
regard to its conflict of law provisions. If any provision of this Agreement is
found to be unenforceable, the remainder shall be enforced as fully as possible
and the unenforceable provision shall be deemed modified to the limited extent
required to permit its enforcement in a manner most closely representing the
intention of the parties as expressed herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed below.
MARSHALL MEMORIAL CHRISTIAN FONSIM
TECHNOLOGIES PVT. LTD.
COLLEGE INSTITUTIONS
By: Dr. Jeyapaul. R By: Mr. Moses Sekhar. S
Title: Correspondent Title: Managing Director
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3. SALE DEED
SALE DEED
THIS DEED OF ABSOLUTE SALE MADE AND EXECUTED AT NAGERCOIL, ON THIS
THIRD DAY OF APRIL, TWO THOUSAND AND TWENTY,
BY:
Mr. Ani Kumar. D, son of Mr. Devanesan. Y, aged about 45 years residing at 1/10,
Enthikalavilai, Mecode, Kanyakumari District – 629164, (ID NO: 298065) (Mobile no:
9876543210)
hereinafter called the ‘VENDOR’.
TO AND IN FAVOUR OF
Mr. Bennet. P, son of Mr. Palis. B, aged about 40 years, residing at 23/68, North Street,
Marthandam, Kanyakumari District – 629165, (ID NO: 678553) (Mobile no: 7896543218)
hereinafter called the‘ PURCHASER’
The terms VENDOR and Purchaser, wherever it may occur shall mean and include
themselves, their heirs, legal representatives, executors, administrators and assigns.
This Deed of sale WITNESSETH AS FOLLOWS
WHEREAS the VENDOR is the sole, legal, true absolute and exclusive OWNER of the
property viz., 1/110, Kesavan Buildings, Balamore Road, Nagercooil – 629003,
which is more fully and particularly described in the schedule hereunder , which he has
purchased from and out of his own funds and savings, without any ancestral nucleus, from
Mr. Kesavan vide a Deed of absolute sale dated 25.09.2010, duly Registered on the file of
the Sub Registrar, Nagercoil, as Document No. 236 of 2010, of Book I,
Ever since the VENDOR has been in continuous, uninterrupted peaceful possession and
enjoyment of the said property , with full powers of alienation, without any let or hindrances,
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paying all taxes and outgoing payable to the Government and Local Authorities and has got
valid and marketable title to the said property.
And Whereas the VENDOR has offered to sell and the Purchaser has also agreed to buy the
schedule mentioned property for a net sale consideration of Rs. 25, 00, 000/- (Rupees Twenty
Five Lakhs only), free from all encumbrances, for which sum the VENDOR has also agreed to
convey the Sale Property, unto the Purchaser free from all encumbrances.
NOW THIS DEED OF ABSOLUTE SALE WITNESSETH AS FOLLOWS:
In pursuance of the above said mutual agreement and in consideration of the sum of Rs. 25,
00, 000/- (Rupees Twenty Five Lakhs only), Paid by the Purchaser to the VENDOR in the
following manner:
a) A sum of Rs. 15, 00, 000 /- (Rupees Fifteen Lakhs only), paid on 30th of March 2020 by
cash consideration,
b) A sum of Rs. 10, 00, 000/- (Rupees Ten Lakhs only), paid on 3rd of April 2020 by cash
consideration,
in all aggregating to Rs. 25, 00, 000/- (Rupees Twenty Five Lakhs only), the receipt of which
sum the VENDOR doth hereby admit, acknowledge and acquit the Purchaser from any further
payments whatsoever.
The VENDOR doth hereby sell, convey, grant, transfer and assign, by way of absolute sale to
and in favour of the Purchaser herein the Sale Property which is more fully and particularly
described in the schedule hereunder , together with all ways, waters, water courses, ditches
easements, advantages, liberties, rights and privileges, and all other appurtenances whatsoever
appertaining thereto, to have and to hold the same as absolute owner with all powers of
alienation, .
THE VENDOR DOTH HEREBY FURTHER COVENANT WITH THE PURCHASER
AS FOLLOWS:
i) The VENDOR is the sole and absolute OWNER of the property hereby conveyed
and that he has perfect right, title and interest to convey the said property to the
Purchaser in the manner aforesaid and no other person has got any right, title and
interest to convey the said property to the Purchaser in the manner aforesaid.
ii) The VENDOR doth hereby declare that there are no encumbrance, lien, trust,
attachment, claim, charge, whatsoever which is subsisting on the said property and
that the said property is not the subject matter of any litigation or proceedings and
is not charged in favour of any Court, Revenue or other authority.
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iii) The VENDOR doth hereby covenant with the Purchaser that the Purchaser shall
and may at all times hereafter quietly and peacefully possess and enjoy the said
property without any let or interruption or disturbances by the VENDOR or by any
one claiming through him.
iv) The VENDOR doth hereby covenant with the Purchaser that he and all persons
lawfully and equitably claiming title will from time to time and at all times hereafter
at the cost of the Purchaser execute and register all such acts, deeds and things for
further and more perfectly assuring the title of the Purchaser in respect of the
property hereby conveyed.
v) The VENDOR doth hereby covenant with the Purchaser that he shall sign and
execute any rectification at the expenses of purchaser that may be necessary in
order to make this sale absolute
vi) The VENDOR doth hereby covenant with the Purchaser that he has, this day handed
over to the Purchaser all documents and records pertaining to the title of the
schedule mentioned property.
vii) The VENDOR doth hereby declare that all taxes and other public charges payable
in respect of the schedule mentioned property hereby conveyed has been paid up to
this date and further covenant with the Purchaser that there are no arrears of tax
payable to Government or local body.
viii) The VENDOR doth hereby declare and assure the Purchaser that he shall indemnify
and shall keep indemnified the Purchaser against any loss or damage that the
Purchaser may be put to by reason of any kind of encumbrance over the property.
ix) The VENDOR hereby expressly declares that the sale of property mentioned in the
schedule hereunder is not in violation of any law .
x) The VENDOR doth hereby covenant with the Purchaser that he shall sign and
execute any rectification at the expenses of purchaser that may be necessary in
order to make this sale absolute
xi) The VENDOR doth hereby covenant with the Purchaser that he shall also sign
and execute any letter or form that may be required for the mutation of name in the
revenue and Municipal Registry and transfer of Patta in favour of the Purchaser or
for such other purposes.
SCHEDULE OF PROPERTY
Property with No. 1/110 is surrounded by,
Mr. Sam’s plantain garden in the north,
Mr. Velu’s GMR super market in the west,
Nagercoil to Trivandrum Road in the east,
Barren land in the south.
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Present market value of the property: Rs. 35, 00, 000/-
IN WITNESS WHEREOF THE VENDOR AND THE PURCHASER HAVE SIGNED THIS
DEED , ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN, IN THE
PRESENCE OF THE FOLLOWING WITNESSES:
Bennet. P Ani Kumar. D
SIGNATURE OF SIGNATURE OF
THE PURCHASER. THE VENDOR.
Witnesses:
1. Sujin. P
2. Sam. G
DRAFTED BY
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4. WILL
WILL
I, Mr. David. P son of Ponnu. W, Hindu, residing at 3/40, Chanivilai,
Verkilambi Post, Kanyakumari District – 629166, on this 15th day of
February 2020, do here by make this as my LAST WILL and
TESTAMENT voluntarily in sound and disposing state of mind free from
coercion, and undue influence.
I hereby revoke all former wills and codicils if any made by me earlier
I am now aged about 59 years and I am anxious to make necessary
arrangements in respect of the enjoyment of my properties after my life
time so that unnecessary misunderstanding and consequential wasteful
litigation between the members of my family shall be avoided.
I acquired the property more fully described in the schedule hereunder
from Mr. John Paul Raj. R in and by sale deed dated 19. 05.1997,
registered in Book I as Doct. No. 27/97. On the file of the Sub Registrar
office Verkilambi and since then the said property has been in my
exclusive enjoyment and I have been enjoying the same without any
interruption from anybody.
I have my wife Stella David. J two daughters Christina David. D and
Femina David. D and two sons Christopher David. D and Jebin David. D
who will be entitled to succeed to my properties under law in the normal
course. But my daughters are all married and they are living separately
with their husbands. They have been properly and well provided for during
their marriage. They are therefore not given any share in my properties
under this will.
I therefore bequeath the property bearing No. 23/44 described as item No.
1 in the Schedule hereto to my first son Christopher David. D absolutely
to be held and enjoyed by him, after my life time, with full and absolute
powers of alienation.
Further I bequeath the property bearing No. 29/67 described as item No. 2
in the Schedule hereunder to my second son Jebin David. D absolutely to
be held and enjoyed by him, after my life time, with full and absolute
powers of disposal.
Any assets, movable or immovable, which might be omitted from being
mentioned in this will or which may hereafter be acquired by me shall be
taken by my wife and the two sons aforesaid in equal shares absolutely.
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This Will shall come into force only after my life time and I reserve my
right to alter or revoke this Will.
DAVID. P
TESTATOR
Signed by the above named TESTATOR and acknowledged by him to be
his last Will and Testament in our presence,
WITNESSES:
1. Kamaraj. V
2. Robin. H
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5. RENTAL AGREEMENT
RENT AGREEMENT
This Rent Agreement is made on this 19th of March 2020, by Mr. Raj.
M.K. S/o.
Muthayan. A., residing at 3/35, Chanivilai, Verkilambi post, Kanyakumari
District – 629166. Herein after called the Lessor / Owner, Party Of the
first part
AND
Nathan’s Cashew Co. Pvt. Ltd., through its proposed director
Kamalanathan. C called Lessee/Tenant, Party of the Second Part
That the expression of the term , Lessor/Owner and the Lessee/Tenant
shall mean and include their legal heirs successors , assigns ,
representative etc. Whereas the Lessor /Owner is the owner and in
possession of the property No: 1/12A, Udayarvilai, Kannanoor post,
Kanyakumari District – 629179, and has agreed to let out the one
office Room, one Toilet & Bathroom Set on said property, to the
Lessee/Tenant and the Lessee/Tenant has agreed to take the same on
rent of Rs. 25,000/- (Rupees Twenty Five Thousand Only) per month.
NOW THIS RENT AGREEMENT WITNESSETH AS UNDER:-
1. That the Tenant/Lessee shall pay as the monthly rent of Rs.
25,000/- (Rupees Twenty Five Thousand Only) per month, excluding
electricity and water charge.
2. That the Tenant /Lessee shall not sub–let any part of the above said
demised premised premises to anyone else under any circumstances
without the consent of Owner.
3. That the Tenant / Lessee shall abide by all the bye - laws ,
rules and regulation, of the local authorities in respect of the demised
premises and shall not do any illegal activities in the said demised
premises.
4. That this Lease is granted for a period of Eleven (11)
months only commencing from 19th of March 2020 and this lease can
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be extended further by both the parties with their mutual consent
on the basis of prevailing rental value in the market .
5. That the Lessee shall pay Electricity & Water charge as per the
proportionate consumption of the meter to the Lessor /Owner.
6. That the Tenant/Lessee shall not be entitled to make structure in
the rented premises except the installation of temporary decoration,
wooden partition/ cabin, air – conditioners etc. without the prior consent
of the owner.
7. That the Tenant/lessee can neither make addition/alteration in
the said premises without the written consent of the owner, nor
the lessee can sublet part or entire premises to any
person(s)/firm(s)/company(s).
8. That the Tenant/Lessee shall permit the Lessor/Owner or his
Authorized agent to enter in to the said tenanted premises for
inspection/general checking or to carry out the repair work, at any
reasonable time.
9. That the Tenant/Lessee shall keep the said premises in clean &
hygienic condition and shall not do or causes to be done any act which
may be a nuisance to other.
10. That the Tenant/Lessees shall carry on all day to day minor repairs
at his/her own cost.
11. That this Agreement may be terminated before the expiry of
this tenancy period by serving One month prior notice by either party for
this intention .
12. That the Lessee shall use the above said premises for Official
Purpose Only.
13. That the Lessee/Tenant Shall not store/Keep any offensive,
dangerous, explosive or highly Inflammable articles in the said
premises and shall not use the same for any unlawful activities .
14. That the Lessee shall pay the one month’s advance rent to the
Lessor the same shall be adjusted in monthly rent.
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15. That both the parties have read over and understood all the contents
of this agreement and have signed the same without any force or pressure
from any side.
In WITNESS WHEREOF the lessor/Owner and the Tenant / Lessee
have hereunto subscribed their hand at Verkilambi on this the 19th of
March 2020 year first above Mentioned in presents of the following
Witnesses
WITNESSES:-
1. Dharmaraj. S
2. Devalal. L
Raj. M.K. Nathan’s Cashew Co. Pvt. Ltd.
Lessor Lessee
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6. PURCHASE AGREEMENT
PURCHASE AGREEMENT
This Agreement of Sale entered at Verkilambi, on 19th of March 2020.
BETWEEN
BY:
Mr. Victor. K, son of Mr. Kumar. A, aged about 35 years residing at
1/110C, Ambalathuvilai, Verkilambi Post, Kanyakumari District -
629166, (ID NO: 002145) (Mobile no: 8812345678)
hereinafter called the ‘VENDOR’.
(which term shall, wherever the context so permits, mean and include his
heirs, legal representatives, heirs, executors, administrators and assigns)
TO AND IN FAVOUR OF
Mr. Bright. A, son of Mr. Arasu. M, aged about 31 years, residing at
Mavaravilai, Mekkamandapam Post, Kanyakumari District - 629167, (ID
NO: 768532) (Mobile no: 7712345678) hereinafter called the‘
PURCHASER’
(which term shall, wherever the context so permits, mean and include his
heirs, legal representatives, executors, administrators and assigns)
witnesseth:
Whereas the property, viz., vacant house site measuring an extent of 5000
sq.ft., bearing No. 290/13, was originally purchased by Victor. K, son of
Kumar. A, the Vendor herein, from Aayeesha. A, wife of Syed Ibrahim,
under a Sale Deed dated 16.09.2013, registered as document No 11178 of
2013, in the office of the Sub-Registrar, Verkilambi.
Whereas the Vendor has been in continuous possession and enjoyment of
the above said property, viz., hereunder and have been exercising all rights
of ownership, without any let or hindrance from any person/s.
Whereas the Vendor has agreed to sell and the Purchaser has
agreed to purchase the schedule mentioned property for a total
consideration of Rs. 20, 00, 000/- (Rupees Twenty Lakhs only) free
from all encumbrances, charges and liens.
Whereas it have been thought fit to reduce the terms of the
Agreement of Sale into writing.
NOW THIS AGREEMENT OF SALE WITNESSETH:
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1. The Vendor has agreed to sell and the Purchaser has agreed to
purchase the Schedule mentioned property for a total sale consideration of
Rs. 20, 00, 000/- (Rupees Twenty Lakhs only) free from all encumbrances.
2. The Purchaser has agreed to pay the said sum of Rs.20, 00, 000/-
(Rupees Twenty Lakhs only) in the following manner:
(a) Rs. 5, 00, 000/- (Rupees Five Lakhs only) paid by cheque,
bearing cheque No. 23143, dated 19.03.2020, drawn on Indian Bank,
Thiruvattar Branch, in favour of the Vendor,
(b) Rs. 15, 00, 000/- (Rupees Fifteen Lakhs only) being the balance
sale consideration, to be paid within 3 Months (Three Months) from this
date or at the time of execution of the Sale Deed, which ever is earlier.
The receipt of the aforesaid sum of Rs. 20, 00, 000/- (Rupees Twenty
Lakhs only) the Vendor do hereby admit and acknowledge and which shall
form the consideration for this Agreement.
3. The Vendor shall convey the schedule mentioned property free
from all encumbrances, either to the Purchaser or to his nominee/s.
4. The stamp duty and registration expenses for the sale deed shall
be borne by the Purchaser or his nominee/s.
5. The parties, without fail, shall finalize the sale within 3 Months
(Three Months) from the date of this Agreement. Time is the essence of
this Agreement
6. In the event of any default committed by the Vendor in
complying with any of the provisions of the Agreement, the Purchaser
shall be entitled to enforce the Agreement specifically, without prejudice
to his claim for damages.
7. In the event of any default committed by the Purchaser in
complying with any of the provisions of the Agreement, the Vendor shall
be entitled to enforce the Agreement specifically, without prejudice to his
claim for damages.
8. The Vendor covenants with the Purchaser that the schedule
mentioned property is not the subject matter of any litigation or attachment
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of Court of law or any other authority, and further covenants with the
Purchaser that the schedule mentioned property is not offered as security
to any other person or authority on any account.
9. The Vendor further covenants with the Purchaser that no prior
Agreement for Sale has been entered into with any third party in respect
of the schedule mentioned property
10. The Vendor shall pay and clear all taxes, levies and other
outgoings payable to the authorities concerned in respect of the schedule
mentioned property till the date of execution of the Sale Deed/s.
11. The Vendor has this day handed over all the Photo copies of
the documents of the schedule mentioned property to the Purchaser. The
Vendor shall deliver all original documents of title to the Purchaser on the
date of execution of the Sale Deed/s.
12. The Vendor hereby undertakes to provide vacant possession of the
property at the time of the registration of the sale deed/s.
SCHEDULE
IN WITHNESS WHERE OF the VENDOR AND PURCHASER herein
have signed and executed this deed of sale Agreement on the day, month
and year first above written in the presence of:
WITNESSES:
Victor. K
1. Jeyan. M VENDOR
Bright. A
2. Seelan. F PURCHASER
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