Agreement For
Sale Of An Apartment
THIS AGREEMENT made at
....................... this .............. day of .............., 2000 between
A, son of .............................. resident of ........................
hereinafter referred to as the Vendor of the ONE PART and B, son of ...................
resident of .................... hereinafter referred to as the Purchaser of
the OTHER PART.
WHEREAS the Vendor is absolutely
seized and possessed of the land bearing Plot No............................
situated at .................. and hereinafter referred to as the said land and
more particularly described in the Schedule 1 hereunder written;
AND WHEREAS the Vendor proposes to
develop the said land and for that purpose obtained permission of the Competent
Authority under section ........... of the Urban Land (Ceiling and Regulation)
Act vide his Order No ......................... dated .......................;
AND WHEREAS the Vendor has submitted
the building plans to the .................... Municipal Corporation, which
have been approved by the .................... Municipal Corporation vide
letter No ............................ dated ............. subject to certain
conditions laid down in the said letter;
AND WHEREAS the Vendor has started the
construction of the buildings as per the building plans approved by the
.................... Municipal Corporation enclosed herewith at Annexure 1;
AND WHEREAS the Vendor has agreed to
sell one apartment on the ............... floor in the building
No................. being constructed and having the specifications mentioned
in the Schedule 11 hereunder written at a price of Rs ...................
(Rupees ................................. subject to the terms and conditions
hereinafter appearing.
AND WHEREAS the Purchaser has
inspected the documents relating to the land, the order of the Competent
Authority, site plans approved by the .................... Municipal
Corporation and is satisfied about the Vendor's title to the said property and
the site plans of the proposed buildings;
AND WHEREAS the title of the Vendor to
the said property has been certified to be clear, marketable and free from
encumbrances by M/s. ................................. Solicitors and
Advocates................... and a copy of the said title certificate is hereto
annexed at Annexure II ;
AND WHEREAS the Vendor has agreed to
sell and the Purchaser has agreed to purchase the Apartment No..on
the............. floor in the building No.................... hereinafter
referred to as the said Apartment on the following terms and conditions.
NOW THIS AGREEMENT WITNESSETH AND IT
IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
(1) The Vendor shall construct the
said building on the said plot of land, more particularly described in the
Schedule 1, in accordance with the plans, designs and specifications approved
by the .................... Municipal Corporation and which have been seen and
approved by the Purchaser and kept by the Vendor at the office of M/s.
...................... Architects at ......................... for inspection.
The Vendor shall be entitled to make such variations and modifications as he
may consider necessary or as may be required by the ....................
Municipal Corporation of the Government of .. or any local authority.
(2) The Vendor agrees to sell and
the Purchaser agrees to purchase the Apartment No.......................... on
........... floor in the building No ................ of Carpet Area
admeasuring ............. sq. metres as delineated on the plan thereof hereto
annexed and marked Annexure Ill and thereon shown surrounded by green coloured
boundary line at or for a sum of Rs ........... (Rupees
......................... ). The Purchaser agrees that out of the said amount
of Rs ................... to be paid by him to the Vendor, a sum of
Rs............ has been paid by the Purchaser to the Vendor on the execution of
these presents (the payment and receipt the Vendor doth hereby admit and
acknowledge) and the balance will be paid by instalment as follows:
1. Rs .......................... on or
before ..........................
2. Rs .......................... on or
before ..........................
3. Rs .......................... on or
before ..........................
4. Rs .......................... being
the final balance on the delivery of
the apartment by the Vendor to the
purchaser.
the amounts payable under these
presents are not paid within the time stipulated, the Purchaser will be liable
to pay interest at the rate of 18% per annum from the due date of payment to
the date of payment.
(3) The Vendor shall deliver the
possession of the apartment to the Purchaser on or before ...................
day of ..............., 2000. The vendor shall obtain the completion and
occupation certificate in respect I the said apartment from the
.................... Municipal Corporation. The purchaser shall take possession
of the apartment within one week of ) a receipt of the notice of the Vendor to
the Purchaser that the said apartment is ready for use and occupation and that
the completion certificate and occupation certificate has been obtained from
the .................... Municipal Corporation;
Provided that the Vendor shall be
entitled to reasonable extension time for delivery of possession of the
Apartment on the aforesaid ate, if the completion of the said building is
delayed on account of non- availability of steel, cement, other building
material, water or electric supply or on account of war, civil commotion or act
of God or any notice, order, rule, notification of the Government,
.................... Municipal Corporation and/or other public or competent
authority or on account of non-issue of building completion or occupation
certificate - water or electricity connection or on account of any order of any
Court affecting the construction work of the building. he Vendor will deliver
the possession of the apartment to the Purchaser only if the Purchaser has paid
all the amounts payable by him under this Agreement to the Vendor and if he has
duly observed and performed all obligations and stipulations contained in this
Agreement and on his part to be observed and performed.
(4) The Purchaser hereby declares
and undertakes that he shall have no claim, save and except in respect of the
said Apartment hereby agreed to be purchased by him and the Vendor shall
continue to be entitled to the property in all the structures on the said land,
open spaces, parking places, lobbies, staircases, lifts, terrace, etc., until
all the apartments are transferred to the purchasers and the Declaration of
Deeds of Apartment is executed and the condominium is formed as provided in the
.. Apartment Ownership Act.
(5) Till the Purchaser takes the
possession of the Apartment, the Purchaser shall be liable to pay a sum of Rs .
................. per month as his share on account of rates, taxes,
assessments, dues, duties and impositions of any kind or nature whatsoever in
respect of the said land or the building constructed thereon or any part
thereof payable to the Government of ...................., ....................
Municipal Corporation or any other authority and wages of watchmen, sweepers,
mali, and other expenses of common benefit. After the Purchaser takes the
possession of the Apartment, he shall be liable to contribute proportionate
share for common expenses as aforementioned, as decided by the Association of
the Apartment Owners from time to time.
(6) The Vendor agrees that he shall
comply with the provisions of section 10 of the .................... Ownership
Flats (Regulation of the Promotion of Construction, Sale, Management and
Transfer) Act, 1963 (hereinafter referred to as the ....................
Apartment Ownership Flats Act, 1963) and the .................... Apartment
Ownership Act, 1970 and shall execute a Declaration as provided by section 11
of the .................... Apartment Ownership Act, 1970 and register it with
the Registering Officer under Indian Registration Act and the Purchaser hereby agrees
that he shall join and form an association of all the apartments in the said
building as contemplated by the .................... Apartment Ownership Act.
(7) The Vendor shall convey and
assign all rights, title and interest in each apartment to each purchaser after
the completion of building and on receipt of all payments, price, deposits
payable by the Purchasers to the Vendor in respect of all apartments/car
parking spaces and other premises in the said building.
(8) The Purchaser shall on or before
the delivery of possession of the said apartment keep deposited with the Vendor
a sum of Rs. ................. towards legal charges, expenses of formation of
Association and execution of these presents and other documents a required to
be executed. The Purchaser shall also be liable to pay expenses on account of
stamp duty and registration charges in respect of the Deed of Apartment.
(10) The Purchaser shall not be entitled
to let, mortgage, create charge or assign the said Apartment, pending the
transfer of apartment, to him without the consent of the Vendor in writing.
etc.
(11) The Purchaser shall use the apartment
or any part thereof or permit the same to be used only for the purpose of
residence and the Purchaser hereby covenants with the Vendor as follows.-
(a) He shall maintain the apartment at
his own cost in good tenantable repair and condition from the date of taking
over possession of the apartment and shall not do or suffered to be done
anything in or to the building in which the apartment is situated, staircase or
any passage which may be against the rules, regulations, or bye-laws of
.................... Municipal Corporation or any other authority or
change/alter or make addition in or to the building in which the apartment is
situated and the apartment itself or any part thereof.
(b) He shall not demolish or cause to
be demolished the apartment or any part thereof nor at any time make or cause
to be made any addition or alteration of whatever nature in or to the apartment
or any part thereof.
(c) He shall observe and perform all
the rules and regulations which the Association of Apartment Owners may adopt
at its inception and the additions, alterations or amendments thereof that may
be made from time to time for protection and maintenance of the said building
and the apartments therein. The Purchaser shall also observe and perform all
the stipulations and conditions laid down by the Association of Apartment
Owners regarding the occupation and use of the Apartment in the building and
shall pay and contribute regularly and punctually towards the taxes,
assessments, dues, duties and impositions, expenses or other outgoings in
accordance with the terms of this Agreement.
(13) The Vendor hereby covenants with
the Purchaser as under:-
(a) Subject to the Purchaser paying
all sums payable to the Vendor under this Agreement and performing and
observing the terms and conditions of this Agreement, the Purchaser shall be
entitled to peaceably hold and enjoy the Apartment without any interference or
obstruction by the Vendor on any person claiming under or in trust for the
Vendor.
(b) The Vendor shall maintain a
separate account in respect of sums received by the Vendor from the Purchasers
of the Apartments as advance or deposit sums received on account of the legal
charges and execution of other documents required to be executed, and shall
utilise the amounts only for the purposes for which they have been received and
after transfer of the said property, the balance amounts shall be paid and
transferred by the Vendors to the flat purchasers.
(c) The Vendor shall pay all
outgoings, including ground rent, taxes, assessments, dues, duties, impositions
and outgoings upto the date of delivery of the possession to the flat owners
and transfer of the building is complete.
(14) The Deed of Apartment shall be made
and executed by the Vendor, and other persons having any right or interest in
the said property.
(15) If before the completion of transfer
of the building, the building including the apartment is notified by the
Government under the Land Acquisition Act or any other law for the time being
in force for acquisition or requisition, the Purchaser shall not be entitled to
cancel this agreement and in case of acquisition of the building including the
said apartment, the Purchaser shall be entitled to a proportionate part of the
compensation if and when awarded by the Government or any other authority. If
the said apartment is requisitioned by the Government or any other authority,
the Purchaser shall be entitled to the compensation awarded by the
requisitioning authority in respect of the apartment.
(16) This Agreement shall not be construed
as a grant, demise or assignment in law of the said apartment or of the said
land and building or any part thereof.
(17) The Purchaser shall execute a Deed of
Declaration in the prescribed form along with or prior to the execution of Deed
of Apartment to the effect that he submits his apartment to the provisions of
the .................... Apartment Ownership Act.
(18) The Sale of the said Apartment shall
be subject to the provisions of .................... Apartment Ownership Act
and rules made thereunder.
(19) The Vendor shall be entitled to
construct additional building or buildings in the said land, if any additional Floor
Space Index (FSI) becomes available before the completion of the transfer of
the said )and with buildings and allowed by the .................... Municipal
Corporation and the Vendor shall be authorised to sell the same and the
Purchaser will not be entitled to any right, benefit or interest on the same.
(20) All notices to be served on the
Purchaser as contemplated by this Agreement shall be deemed to have been duly
served to the Purchaser by Registered Post A.D. at his address specified below:
Viz
......................................
-------------------------------
(21) This Agreement shall be executed in
triplicate. The original copy shall be lodged for registration by the Purchaser
and the vendor shall admit execution before the Sub-Registrar and the Second
and Third copy shall be retained by the Purchaser and vendor respectively. The
original copy of this Agreement will be received by the Purchaser from the
Registrar as and when ready after registration.
IN WITNESS WHEREOF the parties hereto
have hereunto put their respective hands the day and year first hereinabove
mentioned.
The Schedule I above referred to
The Schedule II above referred to
Annexure I
Annexure II
Annexure Ill
Signed and delivered by the within
named Vendor
Signed and delivered by the within
named Purchaser
WITNESSES;
1.
2.
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