Agreement of
Transfer of Tenancy
THIS AGREEMENT OF TRANSFER OF
TENANCY is made at ___________ on this
________________ day of ______________200___ BETWEEN ABC, of _______________,
Indian Inhabitant, residing at
_____________________________________________________, hereinafter referred to
as “THE OUTGOING TENANT” (which expression shall unless it be repugnant
to the context or meaning thereof mean and include his heirs, executors and
administrators) OF THE FIRST PART;
M/S. PQR, a registered partnership firm having address at _______________________________,
hereinafter referred to as “THE LANDLORDS” (Which expression shall
unless it be repugnant to the context or meaning thereof mean and include the
partners or partner for the time being of the said firm, the survivors or
survivor of them and the heirs, executors and administrators of the last
surviving partner and their/his/her assigns) OF THE SECOND PART; AND XYZ,
of ______________, Indian Inhabitant, residing at ____________________
_____________________________ _________________________, hereinafter referred
to as “THE INCOMING TENANT” (Which expression shall unless it be
repugnant to the context or meaning thereof mean and include his heirs,
executors and administrators) OF THE THIRD PART;
WHEREAS:
(a) The
Landlords are the owners of the building known as “________________” situate at
________________ and which is more particularly described in the First Schedule
hereunder written. The Landlords are also the owners of residential flat
No. __________ on the ________ floor of the said building “___________”
admeasuring 600 sq.ft. of carpet area (hereinafter referred to as “the said
flat”) and which is more particularly described in the Second Schedule
hereunder written;
(b) The
Outgoing Tenant is the lawful tenant in respect of the said flat and his
tenancy rights to the same are valid and subsisting. The rent receipt in
respect of the said flat stands in the name of Outgoing Tenant.
(c) The
Outgoing Tenant has agreed to transfer his tenancy rights in respect of the
said flat in favour of the Incoming Tenant, upon the Landlords consenting to
the said transaction in favour of the Incoming Tenant.
(d) In
pursuance hereof, the Outgoing Tenant has obtained the Consent of the Landlords
to the transfer of tenancy of the said flat by the Outgoing Tenant in favour of
the Incoming Tenant.
NOW IT IS AGREED, DECLARED AND
CONFIRMED BY AND BETWEEN THE PARTIES HERETO AS UNDER:—
1. The Outgoing Tenant hereby transfers his tenancy rights, title and
interest in the said residential flat No. _______ admeasuring about 600 sq.ft.
of carpet area on the _______ floor of the building known as “____________” at
_________________________________ and more particularly described in the Second
Schedule hereunder written to the Incoming Tenant, with the Landlords having given
consent to the said transaction in favour of the Incoming Tenant as recorded
herein.
1A. In consideration of the aforesaid transfer of tenancy, the Incoming
Tenant has paid a sum of Rs. __________/- (Rupees ____________________ only.)
to the Outgoing Tenant and a sum of
Rs. ____________/- (Rupees _____________________________________ only) to the
Landlords aggregating to Rs. ____________________/- (Rupees
_______________________ only). The Outgoing Tenant and the Landlords hereby
confirm and acknowledge receipt of the same in full and final satisfaction.
(Note: Insert this Clause
wherever applicable)
2. The Outgoing Tenant has upon execution hereof handed over vacant
and peaceful possession of the said flat to the Incoming Tenant. Henceforth,
the Outgoing Tenant has no right, title, interest and/or claim of whatsoever
nature in the said flat. All the deposits, if any, earlier paid by the Outgoing
Tenant to the Landlords stand transferred for the benefit of the Incoming
Tenant.
3. The Outgoing Tenant has represented and assured to the Incoming
Tenant that his tenancy rights to the said flat in the capacity of tenant
thereof is clean, clear, marketable and free from any encumbrances and
reasonable doubts whatsoever, subject to the right of the Landlords, and that
the said flat is not subject matter of any litigation or dispute, claim charge,
lien whatsoever of any kind with any third party. The Outgoing Tenant states
that he is in no manner directly and/or indirectly prevented from entering into
this agreement.
4. The Outgoing Tenant shall be liable to pay all the rent, taxes,
cesses and other outgoings in respect of the said flat till the date hereof and
thereafter all such outgoings shall be payable by the Incoming Tenant.
5. The Landlords have simultaneously on execution hereof admitted the
Incoming Tenant as tenant of the said flat in the said building owned by them
and the Incoming Tenant agrees to pay the monthly rent to the Landlords from
the date hereof at the enhanced rent of Rs. _______/- per month. On execution
hereof and as aforestated the Outgoing Tenant has with consent of the Landlords
put the Incoming Tenant in possession of the said flat as lawful tenant
thereof. The Incoming Tenant has on or before execution hereof paid three
months advance rent to the Landlords and the receipt of the same is hereby
acknowledged by the Landlords. The tenancy of the Incoming Tenant shall be
governed by the provisions of The Maharashtra Rent Control Act, 1999 and any
statutory notifications/modifications thereof applicable from time to time. The
Incoming Tenant shall not commit any breach of the provisions of the said Act
and shall use the said flat only for residential purposes for himself and his
family members.
6. The Outgoing Tenant hereby agrees and covenants to execute all
necessary writings, documents, deeds, forms, undertakings, affidavits and other
assurances as may be required by the Incoming Tenant and/or the Landlords at
the cost of the Incoming Tenant.
7. The Incoming Tenant shall bear all expenses of stamp duty and
registration charges of these presents. The payment of stamp duty and
registration of this instrument is the condition precedent to the creation and
grant of tenancy of the said premises.
IN WITNESS WHEREOF the parties hereto have
hereunto set and subscribed their respective hands to this agreement on the day
and the year first hereinabove written.
SCHEDULE
– I
(description of the entire land and the building
owned by the Landlords)
SCHEDULE
– II
(description of the subject residential flat)
SIGNED AND DELIVERED )
by the within named “The
Outgoing Tenant” )
ABC in the presence of.... )
SIGNED AND DELIVERED )
by the within named “The
Landlords” )
M/S. PQR in the presence of.... )
1.
2.
SIGNED AND DELIVERED )
By the within named “The
Incoming Tenant” )
XYZ in the presence of..... )
1.
2.
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