Conveyancing
Conveyancing
AGREEMENT TO SELL
The agreement to sell is executed on 04.05.2010 between A (full address) of the first part
(hereinafter called the seller) and B(full address) of the second part (hereinafter called the
purchaser) at Bangalore City.
Whereas the seller is the owner in possession and enjoyment with title of the property
prescribed in the schedule attached herein (hereinafter referred to as the schedule property)
by virtue of Sale Deed No.__ in book No.__ registered with the Bangalore South Sub-
registrar’s office.
Whereas the seller agreed to sell the schedule property to the purchaser for a total
consideration of Rs. 1 crore only and the purchaser has accepted the offer and has agreed to
purchase the schedule property.
Now this agreement witnesses as follows:
1. That the seller agrees to sell and the purchaser agrees to purchase the schedule
property for a total consideration of Rs. 1 crore within a period of 3 months from the
date hereof;
2. That out of the Rs. 1 crore, the seller has to receive Rs. 10 lakhs as advance payment
from the purchaser, the receipt of which the seller hereby receives and acknowledges;
3. That the purchaser shall tender the balance amount of Rs. 90 lakhs to the seller
within 3 months from this date and the seller shall cause the sale deed to be executed
and registered and deliver possession of the schedule property in favour of the
purchaser to the purchaser;
4. That all the expenses for the preparation and registration of sale deed shall be borne
by both the parties in equal share;
5. That the sale would be complete when the parties comply with the conditions
contained herein;
6. That if the seller defaults in the performance of the any of the conditions contained
herein, the purchaser has the right to obtain a decree of specific performance
through a court of law;
7. that if the purchaser commits any default in the performance of any of the conditions
stated herein the advance of Rs. 10 lakhs need not be refunded by the seller and is at
liberty to sell the property to any other person and the purchaser shall be liable for
any deficiency in sale price or expenses caused hereby and is liable to make good the
amount to the seller;
8. That the seller does hereby covenant, undertake to make the purchaser believe that
the seller has good title to the schedule property and that is free form any kind of
encumbrance charge attachment and other claims and demands and is not affected by
any notice or scheme of acquisition or requisition and if it is found that there is a
defect in title, the seller shall be liable to pay back all the money received from the
purchaser along with damages incurred by the purchaser due to the defect in title by
the seller.
1
SALE DEED
This deed of sale is made on 05.05.2010 between A, address, of the first part (hereinafter
called the vendor) and B, address, of the second part (hereinafter called the vendee) at
Bangalore City.
Whereas the vendor is the absolute owner in possession and enjoyment with title and is
specifically entitled to the property specifically described in the schedule hereunder
(hereinafter referred to as the schedule property), having purchased the property by virtue of
sale deed bearing sale deed No. ___ in book No.___ registered in pages ___ in sub-registrar’s
office, Bangalore South.
Whereas the vendor is the absolute owner and is in possession and enjoyment of the schedule
property has absolute right of alienation;
Whereas the vendor proposed to sell the schedule property to the vendee for a total
consideration of Rs. 1crore and the vendee has accepted the said proposal;
Whereas by an agreement dated ___ made between the parties hereto, it was witnessed that
the vendor agreed for the absolute sale to the vendee of the schedule property for the
consideration of Rs. 1 crore only and the vendee has paid and the vendor has received an
amount of Rs. 10 lakh only on the said date of the agreement towards the advance of the sale
consideration;
Now this sale deed witnesses that in pursuance of the said agreement and in consideration of
the said sum of Rs. 1 crore only, out of which the vendee has paid to the vendor an amount of
Rs. 10 lakh only on date of the said agreement and the balance of Rs. 90 lakh only today
simultaneously with the execution of this sale deed, the vendor hereby grants convey, sell
transfer assign and does assure to the vendee free from encumbrances all that property
described in the schedule hereto and all the estate right title interest claim and demand
whatsoever of the vendor in or upon the same and every part thereof to have and hold the
same to the vendee absolutely and forever together with the title deed delivered to him.
1. That the vendor do hereby covenant with the vendee that the vendor has full power
and absolute authority to sell the schedule property in manner aforesaid and that he
shall save and indemnify the vendee from all encumbrances or charges if any existing
or connected with the schedule property up to the date of this sale and the vendee
shall hereafter peaceably and quietly hold possess and enjoy the schedule without any
claim or demand whatsoever from the vendor or any person claiming under him and
the change the patta of the said property to his name and pay all the taxes relating to
it to the concerned authorities hereafter;
2. The vendor does hereby covenant with the vendee that the vendor shall execute and
deliver all such documents as required by the vendee,
GIFT DEED
2
This deed of gift is made on ___ by A, address(hereinafter referred to as the donor) in favour
of B, address(hereinafter referred to as the donee) at Bangalore City.
Whereas the donor is the absolute owner in possession of the properties described in the
schedule hereunder (hereinafter referred to as the schedule property) having acquired the
same by registered sale deed bearing sale deed no.___ in book no. ___ of Bangalore South
Subregistratars office.
And whereas the donor has the full power and absolute authority on the said property to
dispose of the same as he thinks fit;
And whereas the schedule property are free from any attachment, encumbrances or defect in
title;
Whereas the donee is the only grandson of the donor(son of X, the daughter of the donor) and
has great love and affection for the said donee and is desirous of disposing of the schedule
property in his favour in the manner hereinafter stated;
Now this sale deed witnesses that in pursuance of the abovestated intention and the love and
affection that the donor had and still has for the donee, the donor out of his own free will
does hereby give, convey grant transfer and confirm to the said donee freely and voluntarily
the schedule property and all the estate right title interest and demand whatsoever of the
donor upon the schedule property and every part thereof to have and to hold hereby gifted to
the donee absolutely and unconditionally forever along with the title deeds.
The donee shall and may from time to time and at all times hereafter peaceably and quietly
enter upon have hold occupy possess and enjoy the schedule property hereby gifted and
received and take the rents and profits thereof without any claim or demand from the donor
or any person claiming under him and the donee may change the pattah of the schedule
property to his name and pay the taxes to the authorities hereafter.
SC
LEASE DEED
The deed of lease is made on ___ between A, address (hereinafter called the lessor) and B,
address(hereinafter called the lessee) at Bangalore.
Whereas the lessor is the absolute owner in possession and enjoyment of the property
described in the schedule attached herein(hereinafter called the schedule property);
Whereas the lessee has requested the lessor to let the schedule property for the residential
use of the himself and his family members and the lessor has accepted the same;
Now this deed witnesses as follows:
1. That in pursuance of the said agreement and in consideration of the payment of the
advance of Rs. ___ only being an amount equal to one month’s rent and for a monthly
rent of Rs.___ only payable to the lessor by the lessee on the first day of every
subsequent month and of the covenants and the conditions hereinafter contained, the
lessor hereby lets the schedule property on rent to the lessee for the residence of
3
himself and his family members for a period of elevn months from the first day fo the
month of July, 2008.
2. The lessee hereby pays to the lessor Rs. 5000 as advance payment of rent which the
lessor acknowledges and admits and the lesse shall hereby continue to pay rent and
electricity and water charges regularly and punctually without default and the lessor
shall issue a receipt of the same to the lessee.
3. That the lesse at all time maintain the said building with all its fixtures and fittings in
proper condition.
4. That the lessee shall use to property for residence of himself and his family members
only.
5. That the lessee shall not make any alterations in or additions to the schedule property
without the written consent of the lessor.
6. the lessee shall not use the schedule property so as to reduce or depreciate its value
or utility in any manner.
7. The lessee shall not transfer his right or sublet the schedule property or any part
thereof to anyone without the prior written consent of the lessor.
8. That at the expiry of the aforesaid period of 11 months or earlier by one months
nothice on either side the lessee shall vacate the schedule building and deliver vacant
possession of the schedule property to the lessor in as good as condition as it is on
this date.
9. the lessee shall permit the lessor or his servants or agents to enter the premises of
the schedule property to inspect the conditions of the property and to point out any
defects to be repaired.
10. Though the period of the lease is fixed for __ months, if both the parties agree to
continue the lease it shall continue subject to all the same conditions stated above
except the monthly rent and the same shall get automatically increased by __% of the
last monthly rent once in 2/3 years.
11. That is the lessee defaults in fulfilling any of the conditions prescribed herein the
lease deed stands terminated at the option of the lessor and the lessor shall be
entitled to recover the arrears f rents and damages incurred if any from the lesse and
all recover vacant possession fo the schedule property from the lessee.
WILL
I, A, do hereby declare that this to be my last will and testament which I have made on ___,
that I have not made any will herebefore, that I revoke any forms of wills or testamentary
disposition at any time made herein before with respect to the properties described in the
schedule hereto(hereinafter referred to as schedule property) and that this will take effect
after my death.
Whereas I am the owner in possession and enjoyment and sufficiently entitled to the schedule
property which are my self acquired property and I have acquired the schedule property as
per sal deed no. ___ in book no.___ registered with the Bangalore South subregistrar office.
4
Whereas these property are free from any encumberances attachment claim or demand and is
not subject to any notice or scheme of acquisition or requisition;
Whereas I have a son and a daughter who have not been in good terms with me for the past
56 years and have completely ignored me during my illness. It was my nephew ___(son of B,
brother of A) who has taken good care of me and been helpful to me for the past 30 years;
Whereas I am physically and mentally healthy now and able to understand all that is stated in
this will hereto;
Whereas my nephew__ is the legatee to this will as he has taken good care of me. I do not
want to give any property to my children who have completely ignored me for the past 30
years and they don’t deserve any share in my property;
Whereas I wish desire and am anxious to provide that after my death, X residing with me at
presen shall be entitled to the schedule property;
I hereby leave give devise and bequeath absolutely and forever all that property specifically
and fully described in the schedule to X for his exclusive and independent use and benefit and
appoint him as the sole executor of the will.
SIMPLE MORTGAGE
This deed of mortgage is made on the 28 th day of May 2010 between A, address(hereinafter
referred to as the mortgagor) and B address (hereinafter referred to as the mortgagee).
Whereas the mortgagor is the absolute owner with possession and enjoyment of the property
specifically described in the schedule herein having purchased it by sale deed no.___ in book
no.___ registered with the Bangalore South Subregistrar office.
Whereas the mortgagor is in need of Rs. 15 Lakhs for the construction of a building in the
schedule building site belonging to the mortgagor;
Whereas the mortgagee has agreed to lend the amount o Rs. 15 lakh only to the mortgagor on
his request of having agreed upon the repayment of the borrowed sum along with 10%
interest per annum secured in the manner hereinafter contained
Now this deed witnesses in pursuance of the above agreement and in consideration of Rs. 15
lakh lent in advance to the mortgagor by the mortgagee simultaneously with the execution of
this deed, the receipt of which the mortgagor acknowledges admits and accepts and as
security for the repayment of the loan and interest of 10% p.a. the mortgagor does hereby
assign convey and transfer in favour of the mortgagee by way of simple mortgage all that suit
property;
The mortgagor does hereby covenant with the mortgagee to repay the whole loan amount
along with the agreed interest thereof within six years from the date of the mortgage
transaction to the mortgagee;
That if the mortgagor fails to fulfil any of the conditions in the manner abovestated it would
be lawful for the mortgagee to cause the sale of property or any part thereof and shall
appropriate the sale proceeds in satisfaction of the mortgage debt;
5
Provided in the event of any shortfalls or deficiencies, that is the total amount of the
mortgage is not satisfied, the mortgagee is entitled to recover the balance amount personally
from the mortgagor;
That the mortgagor shall be entitled to redeem that mortgage property at his option by
payment of the mortgage debt of Rs 15 lakhs along with the agreed interest within a period of
six years from the date of this transaction;
That the mortgagor does hereby covenant with the mortgagee that he has good title and
absolute authority to charge assign or mortgage the schedule property in the manner
aforesaid and the same is free from all encumbrances;
PARTITION DEED
This deed of partition is made on ___ between A, address of the first part (hereinafter referred
to s the first party) and B, address of the second part(hereinafter referred to as the second
party).
Whereas the first party and the second party are direct brothers and the sons and legal heirs
of late C who died on___.
Whereas the property fully and specifically decribed in the Schedule A and Schedule B hereto
was owned and possessed by the said C as per Sale Deed no.__ and ___.
Whereas on the death of the said C, the said property devolved equally and simultaneously on
the first and second party hereti as the only legal heirs and they are thereby in the joint
ownership and possession of the same;
Whereas the first and second party are co-sharers and are entitled to equal shares that is one
half each in the said properties;
Whereas the parties hereto have agreed to partition and have separate possession by metes
and bounds for the purpose of more convenient and better and exclusive enjoyment of their
property;
Whereas the first party has agrred to accept the properties in Schdule A as his share and
second party has agreed to accept he properties in Schedule B as his share.
Now this deed witnesses as follows:
1. That in consideration of the mutual transfers and the release hereinafter effected, the
parties herein mutually grant convey transfer assign confirm and release the property
set out in Schedule A to the first party and properties in Scheudle B to the second
party to hold the dsmr respectively as sole and absolute owner free from all
encumbrances;
2. That each party shall hereinafter hold and enjoy the property allotted as aforesaid in
severability and free discharged from all rights and claims and demands of the other
party;
3. If any charge or encumbrance beyond the knowledge of the parties heeto is found
subsequent on the said propertie the parties shall bear the liability in equal shares;
6
4. That the parties hereto agree that each party shall be entitled to one-half the amount
of Rs. ___ deposited in Bank A/C No.___ and thereby own Rs.___ only each;
5. That the building no.___ stated in Schedule __ is valued at Rs. __ only and as the same
is allotted to second party and as there is no building of the same nature in the
Schedule __ the excess of Rs.___ is paid by the second party to the first party being
half share of the value of the said building;
6. That all the movable properties have been divided in equal share to the first and the
second party and they have already taken possession of the same;
7. That the property hereby allotted may be entuered upon and held in severalty by each
party without any disturbance from the other party or any person claiming under him;
8. That each party at the cost of the other party do every act and such thing as is
necessary for more perfectly assuming to the other each of the share allotted to them;
9. that first party shall keep safe custody of the title deeds and other documents
relating to the properties hereinbefore partitioned and also the orginal of this
partition deed and will at the request and cost fot he second party or his successors
or his assignees produce or cause to be produced all or any of them for inspection or
for other lawful purposes;
10. that no party shall be entitled to any easements or quasi easements borne and
allotted to the other party which are hereby extinguished
11. That none of the parties shall be entitled to sell or otherwise transfer his allotment to
a stranger unless he has first offered the same to the other party and on cases only
where the other party has refused to take the same;
12. That the value of all the properties that are the subject matter o this is deed is Rs. ___
only and the value of each parties share is Rs.__ only.
DEED OF GUARANTEE
This deed of guarantee is executed on ___ by A, address(hereinafter called the surety) in
favour of the Manager of B(hereinafter called the creditor);
Whereas the creditor has on the assurance of the surety agrred to grant a loan of Rs.___ to C,
address(hereinafter referred to as the debtor) on his application dated ___
Now this deed witnesses as follows:
1. In consideration of the creditor having advanced a sum of Rs. __ only to the debtor,
the surety does hereby promise and agree and shall reain responsible and liable for
and guarantee the payment of the said sum of Rs. __ only with interest at__% p.a. in
case of the debtor’s default;
2. This guarantee shall not be construed as a continuing guarantee and the liability of
the surety shall not exceed the sum of Rs. __ only and interest thereof at __% from the
date of the loan.
3. This guarantee shall not be affected by the death/insolvency of the debtor;
4. This guarantee is given without prejudice to the rights of the surety against the
debtor;
7
In witness whereof the surety has affixed his signature to this deed of guarantee on the date
mentioned at first in the presence of the following witnesses.
PARTNERSHIP DEED
This deed of partnership is made on __ between A, address(hereinafter referred to as first
partner) of the first part and B, address(hereinafter referred to as the second partner) of the
second part at Bangalore.
Whereas it is agreed that the parties hereto(hereinafter called the partnership agreement)
shall be partners in the business of wooden and steel furniture to be carried on as in the same
name and style of ___ at Bangalore.
Now this deed witnesses as follows:
1. The parties hereinafter become partners in the business of wooden and steel furniture
in the name of _.
2. The office and business of the firm shall at present be carried on in ____ or at such
other place as the partners may deem fit.
3. The capital of the firm shall be Rs. 10 lakhs only to be contributed equally by the
partners at a sum of Rs. 5 lakhs each and shall be paid into A/c of the firm at ___ bank.
Any further amount required for the partnership shall be contributed equally by both
partners as may from time to time be agreed upon by them.
4. All money cheques and other securities belonging to the firm except tjose for current
expenses will be deposited with above said bank in the A/c of the firm.
5. The partnership shall maintain all accounts of the firm. The Accounts book, deeds and
all the papers and vouchers shall be kept at the place of business and shall e open for
inspection by the partners at any time during business hours.
6. A general account of the business shall be taken at the March 31 of every year which
shall be audited by the auditors appointed by the partners. The profit & loss A/c and
the Balance sheet shall be signed by each partner as a token of ts accuracy.
7. All outgoings and expenses of the firms shall be paid out of the capital and the profits
of the business and in case of deficiency by the partners in equal shares.
8. The profit and loss shall accrue and be borne by the partners in equal shares
9. Each partner is entitled to draw in advance an amount not exceeding upto Rs.___ only
each month; but if on taking a general A/c at the end of each year it appears that one
partner has received more profit, such partner shall return the excess money;
10. All bills and cheques drawn for amounts exceeding the amounts of Rs. 50000 shall be
signed by both the partners.
11. The partners shall at all times duly and punctually pay and discharge their separate
debts and liability if any and shall indemnify and keep indemnified the firm and the
other partner effectually against the same.
12. The partners shall at all time pay diligent attention to the business of the firm and
carry on the same to the greatest advantage of both.
8
13. Neither party shall be directly or indirectly engaged in any trade or business similar
to or incompetence with the business of the firm.
14. Neither party shall without the written consent or authority of the other release or
compound any claim or debt due to the firm or diminish any security
15. Neither party shall without the written consent of the other lend any amount or
deliver any goods on credit of the firm,
16. Neither partner shall in any manner make himself liable or make any assignment or
do or knowingly permit to be done anything wherein the firm property will be exposed
to being seized, attached or taken in execution.
17. No partner shall either alienate or encumber his interest in the firm in any manner
whatsoever.
18. The partnership firm shall be terminable at will and may be dissolved within one
months notice from the writing on either side.
19. Upon the dissolution of the firm by any means a full and general account of the assets
and liability of the firm shall be taken on valuation by an arbitrator to be appointed by
the partners or their legal representatives as the case may be and any partner or
legal representative shall be entitled to purchase th other share or to receive the legal
share due upto the date of dissolution.
20. Any question or dispute whatsoever that may arise with respect to this partnership
including the constitution of this deed whether before or after the partnership shall
be referred to an arbitrator to be appointed by the partners or their legal
representatives as the case may be and the decision of such arbitrator shall be final
and binding between the parties.
In witness whereof the partners have affixed their signature to this partnership deed on the
date mentioned at first in the presence of the following witnesses.
POWER OF ATTORNEY
This power attorney is made on ___ by A, address in favour of B, address at Bangalore city.
I, A, am the absolute owner of the property specifically described in the schedule herein
prescribed having acquired the same as per Sal deed no.__ registered with subregistrar office
of Bangalore South. Since I live in Bombay and it will be difficult for me to undertake the
transaction of Sale from Bombay and thus wish to appoint a trusted person in Bangalore to
carry out the transaction and the attendant formalities for me.
No all men by these presence that I, A, residing at the address abovementioned do hereby
nominate, constitute and appoint B, residing at the abovementioned address to be my true
and lawful attoney and on my behalf to do, or execute or perform all or any of the following
deeds, acts or things
1. To negotiate on terms and to sell my property to any purchaser or purchasers at such
price as may be agreed upon and which my said attorney in his full power and
discretion deems fit and proper.
9
2. to agree upon or enter into any agreement for the said sale and to enforce or cancel
or repudiate the same
3. To receive from the purchaser or purchasers the price agreed upon or any advance
being or towards the consideration of aforesaid agreement and also receive the
balance of purchase money and also to give good receipt of the transaction so as to
protect the purchaser.
4. To execute in my name and on my behalf and as my act and deed, necessary and
proper conveyance of the said property and all other deeds, instruments, assurances
and other covenants as may be necessary for fully and effectively conveying the said
property in favour of the purchaser or purchasers or their nominees or assignees.
5. To present the conveyance for registration to the Registrar having authority and to
admit execution and receipt of consideration and to have the said conveyance
registered and to do such acts, deeds and things as my said attorney shall considered
necessary to convey the said property to the purchaser as fully and effectually in all
respects as I would do myself if present.
I do hereby agree and undertake to ratify and confirm all acts, things and deeds lawfully and
bonafidely done, executed and performed by my said attorneyfor and in connection with the
sale of my schedule property as if I was personally present despite the absence of my specific
power in this behalf.
In witness whreof, I the said A, have affixed by signature to this power of attonery on the date
as first mentioned at Bangalore city, before the following witnesses.
LICENSE
This deed of license is made on ___, between A, a fine arts society, address represented by its
Secretary B, (hereinafter called the licensor) of the first part and C, a Nagarbhavi arts and
Carnatic Club, represented by its secretary, address, of the second part(hereinafter called the
lincensee).
Whereas the licensor is the secretsry of ____ who owns the auditorium described in the
schedule hereto and te licensee is desirous of conducting dramatic performances in the said
auditorium for ___ days with effect from ___(hereinafter referred to as the said period).
Whereas the licensee has required licensor to lend the auditorium and the licensor has
agreed to the same.
Now this license deed witnesses as follows:
1. In pursuance of the consideration of the payment of Rs.____ only paid by the licensee
to the licensor today simultaneously alond with the execution of this license which
amount the licensor admits and acknowledges and the licensor does hereby grant
this license and authorizes the said licensee to use the said auditorium for the
purpose of _____ during the said period.
2. The licensee may allow the visitors and of the auditorium of the licensee to collect
and assemble in the auditorium and see the dramatic performance
10
3. The licensee shall keep the auditorium and its surroundings cleam and near and in
good sanitary conditions
4. The licensee may make such temporary as may be necessary but shall not injure or
alter the building or any part thereof or fixture or fittings therein,
5. The licensee shall remove all materials of the licensee when he leaves including
those structures and furniture placed or laid by the licensee and leave the auditorium
and its premises on the expiry of the said period.
6. The licensee shall conduct the performances in orderly and quite manner and shall
not exhibit or allow to be exhibited any show or performance which is improper or
indecent or contrary to good morals
7. the licensor may revoke this license at an time in case the licensee or any of this
invitees commit any mischief or nuisance or breach of any terms or conditions of this
license and may recover damage for such breach
8. also the licensor may prohibit the licensee from using the said auditorium and
effectively prevent the licensee from conducting any performance at the said venue
9. the licensee shall hereby assume to the licensor that the object of the licensee is
lawful and that performance which are illegal indecent or immoral will be displayed
11
5. the hirer shall neither assign or encumber not subject the said car not suffer any
decree or order of any court, whereby the said property may be attached or commit
any act of insolvency.
6. The hirer shall punctually pay the vehicle tax annually and the insurance payable and
renew the insurance in time every year in respect of the said car.
7. at any time during the term of this agreement the hirer may terminate the agreement
by surrender and return the said car to the owner together with all arrears of
instalments in any due till this date.
8. the hirer shall have the option to purchase the said car at anytime during the term of
this agreement at the payment of the entire amount less the amount already paid.
9. if the hirer shall punctually pay all the installments including the last instalment he
shall become the absolute owner of the car.
10. If the hirer commits any breach of any conditions of this agreement, the owner may
terminate this agreement, retake possession of the car and also recover any arrears
of installments due and also damages for such breach
11. In consideration of the owner having delivered the said car to the hirer, the guarantor
hereby stands surety for the hirer for due performance of the terms and conditions of
this agreement and guarantee, punctual payments of the installments and undertakes
to be liable for any loss or damage caused to the car.
RECTIFICATION DEED(INCOMPLETE)
This deed of rectification is made on ___ between A, address pf the first part (hereinafter
called the seller) and B address, of the second part (hereinafter called the purchaser) at
Bangalore City.
Whereas by a deed of sale dated ___ registered as sale deed no. __ in book no.___ in pages ___
in sub registrars office, Bangalore-casr(hereinafter referred to as the principal document) the
seller has sold the property mentioned therein in the schedule to the purchaser on the
strength of that sale deed;
Whereas a mistake has been accidentally and inadvertently crept into the principal deed
which requires rectification in the manner hereinafter appearing
Now this deed witnesses that the principal document shall be rectified as follows:
In the schedule to the principal document the property sold by the seller in favour of the
purchaser is site no.___ measuring ___ address___. That mistake in the principal deed is
hereby rectified by this rectification deed as follows
12