AGREEMENT OF SALE WITHOUT POSSESSION
This Agreement of Sale is executed at Bangalore on this the ___ Day of January 2025 by and
between:
____________________, aged ___ years, residing at, _______________________________,
hereinafter called as the “SELLER” or the OWNER; which term wherever the context permits
shall mean and include her legal heirs, executors on the ONE PART;
AND
____________________, aged ___ years, residing at, _______________________________,
hereinafter called the “PURCHASER”, which term wherever the context permits shall mean
and include her legal heirs, successors, on the OTHER PART;
WHEREAS,
1. the above said SELLER is the absolute and lawful OWNER by title and in actual
possession and enjoyment of the immovable property, bearing Flat No _______,
Premier Gruhalakshmi Apartments, Sy.No.13/2, BBMP Katha Number ______,
PID No __________, Ward No 38, SM Road, Jalahalli West, Bangalore-560015,
measuring _______ Sq.ft of built-up area, which was inherited by the SELLER
through _____________ and more fully described in the Schedule written
hereunder and hereinafter called the SCHEDULE PROPERTY; as such empowers
the SELLER to execute this Agreement of Sale in favor of the PURCHASER.
2. The SELLER is in peaceful possession and enjoyment of the Schedule Property as
ABSOLUTE OWNER with all right, interest and clear title with full powers of
disposing of the same in whatever manner she likes.
3. The SELLER for her personal reasons has decided to sell the Schedule Property
and was looking for a prospective buyer(s).
4. The PURCHASER was looking for a suitable property for purchase, for their own
use, possession and enjoyment.
5. The purchaser has requested the SELLER to sell the schedule property to her and
and the PURCHASER has agreed for the same and the parties have mutually
agreed to reduce the terms and conditions of the sale into writing on a requisite
Stamp Paper as under:
NOW THIS AGREEMENT OF SALE WITNESSETH AS FOLLOWS:
1. The SELLER has agreed to sell the Schedule Property for a Total Sale
Consideration of Rs.___________/- [Rupees ______________ only].
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2. The PURCHASER has agreed to purchase the Schedule Property from the
SELLER, free from all encumbrances, for a sale consideration of
Rs.___________/- [Rupees ______________ only].
3. In pursuance of this agreement, the purchaser has paid a sum of Rs.______/-
(Rupees ______________ only) through NEFT or UPI, Reference No.
…………..………………………….. to the SELLER as advance money. The SELLER has
acknowledged the receipt of an advance of Rs._________ /- (Rupees
___________ only) by signing this sale agreement. The purchaser shall pay
the balance sale consideration of Rs._________/- (Rupees ______________
only) at the time of execution and registration of Sale Deed.
4. The PURCHASER shall get the registration of the schedule property within
______ days from the date of this Agreement of Sale, subject to the terms
and conditions hereinafter appearing in this Agreement of Sale, for which the
SELLER has given her consent.
5. The SELLER agrees to execute the Sale Deed within the stipulated time in
favor of the PURCHASER by providing all required Documents for Registration
and performing all the obligations agreed to in this Agreement of Sale.
6. The SELLER agrees to hand over the possession of the Schedule Property to
the PURCHASER at the time of registration of the Sale Deed after receiving
the entire sale consideration.
7. The SELLER hereby assures the PURCHASER that the Schedule Property is
legally inherited property and has absolute right, clear title, interest, and
authority over the same and she is entitled to sell the same to the
PURCHASER for the agreed sale consideration. There is no litigation pending
before any court of law or Authority concerning the schedule property and
she has not entered into any agreement of sale with any other person before
entering into this agreement.
8. The SELLER shall execute the sale deed in the name of the PURCHASER or any
other person nominated by her.
9. The SELLER shall furnish all the Original Documents required for the
registration of the Schedule Property which are free from all encumbrances
and carry the clear marketable title to the schedule property. In the event,
the seller fails to furnish the required documents to the seller, the seller is
liable to return the entire advance amount to the purchaser.
10. The SELLER assures the PURCHASER that she will convey the absolute and
marketable title of the schedule property free from all encumbrance to her.
11. If either party fails to fulfill any obligation under this agreement, the other
party shall be entitled to seek specific performance of the terms herein, in
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addition to any other legal remedies available. Specifically, the non-breaching
party may seek an order from a court of competent jurisdiction compelling
the breaching party to perform its obligations under this agreement. In the
event of a breach by the purchaser under this agreement, the seller shall
have the right to forfeit Rs.________/- out of Rs._________/- given as
advance and return the balance amount of Rs.________ /- to the Purchaser.
This remedy is in addition to the remedy of specific performance available to
the Seller.
12. The SELLER undertakes to attest consenting witness on the Agreement of
Sale and Sale Deed to be executed based on this Agreement of Sale.
13. All the expenses about the registration of the Sale Deed of the Schedule
Property shall be borne by the PURCHASER.
SCHEDULE
All that piece and parcel of immovable property bearing bearing Flat No _______,
Premier Gruhalakshmi Apartments, Sy.No.13/2, BBMP Katha Number ______, PID No
__________, Ward No 38, SM Road, Jalahalli West, Bangalore-560015, measuring _______
Sq.ft of built-up area together with _______ sq ft build up space in the old building to an
extent of _______ per cent of undivided share, right, title in the property, situated at ward
No 38, SM Road, Jalahalli West, Bangalore and bounded on the:
East by : Survey No. 12 of Peenya Village
West by : Subrotto Mukherjee Road
North by : Survey No. 14 of Peenya Village
South by : Survey No. 10 and 11 of Peenya Village
In witness whereof, the SELLER and PURCHASER have affixed their signatures to this
Agreement of Sale, in Bangalore City on this the day, month and year hereinabove
mentioned.
Witnesses:
1) (PURCHASER)
2) (SELLER)