THIS DEED OF CONVEYANCE made at ____________ this ______________________ day of ________ 200____ BETWEEN M/S. ABC VENTURES ESTATE AND DEVELOPMENT PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having it’s registered address at ___________________________________ , hereinafter referred to as “THE PROMOTERS” (which expression shall, unless contrary to the context or meaning thereof, mean and include its successors and assigns) OF THE ONE PART; AND PQR
CO-OPERATIVE HOUSING SOCIETY LTD., a Co-operative Housing Society
registered under the provisions of MAHARASHTRA
CO-OPERATIVE SOCIETIES ACT, 1960 vide Registration
No. ______________________ dated __________ and having its address at
_______________________________ ________________________, hereinafter called “THE
PURCHASERS” (which expression shall unless it be repugnant to the context
or meaning thereof be deemed to mean and include its successors and assigns) of
the OTHER PART;
WHEREAS:—
(a) The
Promoters are seized and possessed of or otherwise well and sufficiently
entitled to the pieces or parcels of land or ground situate lying and being at
_________________________ containing by admeasurements ______ sq. yards or
there about equivalent to ________ sq. mts. bearing Survey No. ________ Hissa
No. _____, C. T. S. No. ________ and more particularly described in the Schedule
hereunder written and hereinafter referred to as “the said plot”.
(b) The
Promoters have constructed building/s known as “PQR APARTMENTS” consisting of
___________ flats/tenements on the said plot admeasuring _____________ sq. ft.
of built up area.
(c) The
Promoters have sold the said flats/tenements to various Purchasers (hereinafter
referred as “the said flat Purchasers”) under various agreements. All
the said agreements are duly stamped and registered. The names of the said flat
Purchasers together with particulars regarding Flat numbers, cost of the flats,
stamp duty paid and the serial numbers under which the said agreements are
lodged for registration are more particularly described in Annexure “A”
hereto.
(d) The
said building is duly completed by the Promoters and the requisite completion
and occupation certificate in respect of the same are also obtained by them.
(e) Towards
sale and purchase of the said flats/tenements, the said flat Purchasers have in
all paid the total consideration of Rs. ______________ (Rupees
______________________ only) to the Promoters and the said flat Purchasers are
put in possession of their respective flats by the Promoters.
(f) The
said Flat Purchasers have formed and registered the co-operative Housing
Society, being the Purchasers herein.
(g) At the
request of the said various Flat Purchasers and as agreed under the agreements
for sale with them by the Promoters and at the request of the Purchasers
herein, the Promoters have agreed to execute the present conveyance in favour
of the Purchasers in respect of the said plot along with structures thereon i.e.
the said building “PQR APARTMENTS” more particularly described in the Schedule
hereunder written. For the purpose of the present conveyance no additional or
separate consideration is being paid to the Promoters save and except the said
consideration of Rs. ______________ already received by the Promoters under
various agreements with the said Flat Purchasers.
NOW THIS INDENTURE WITNESSETH
that in pursuance of the aforesaid and in pursuance of the aggregate
consideration of
Rs. _____________/- (Rupees ____________________________ only) paid by the said
flat Purchasers (being the members of the Purchasers Society) to the Promoters
under separate Agreements (receipt whereof the Promoters do hereby admit and
acknowledge and acquit, release and discharge the Purchasers forever) and in
pursuance of the said various agreements entered into with the members of the
Purchasers and as agreed therein THEY the Promoters do hereby grant convey transfer
and assure unto the Purchasers ALL THOSE pieces or parcels of land or ground
situate lying and being at _____________________ in the Registration District
and Sub-District of ____________ admeasuring ____________ square meters or
thereabouts and more particularly described in the Schedule hereunder
written together with structures standing thereon (which said land, here determents
and premises are hereinafter for brevity’s sake referred to as “the said
premises”) TOGETHER WITH all and singular the structures building house
standing thereon with edifices buildings court yards areas compounds sewers
drains ditches shrubs ways paths passages, waters, water-courses, lights,
liberties, privileges, easements, profits, advantages, rights, members and appurtenances
whatsoever to the said land or ground here determents and premises or any part
thereof belonging or in any wise appertaining to or with the same or any part
thereof now at or any time here before usually held used occupied or enjoyed or
reputed or known as part or member thereof and to belong or be appurtenant
thereto free from any encumbrances whatsoever AND ALL THE ESTATE right, title,
interest, claim and demand whatsoever at law and in equity of the Promoter and
its’ predecessors-in-title in to out of or upon the said property or any part
thereof TO HAVE AND TO HOLD all and singular the said land here determents and
premises hereby granted conveyed, sold, transferred and assured or intended or
expressed so to be with their and every of their rights members and
appurtenances UNTO AND TO THE USE and benefit of the Purchasers for ever
SUBJECT TO the payment of all rents rates assessments taxes and dues now
chargeable upon the same or hereafter to become payable to the Government or to
the Municipal Corporation or any other public body or local authority in
respect thereof AND the Promoters do and each of them doth hereby for
themselves and their successors and assigns covenant with the Purchasers THAT
notwithstanding any act, deed, matter or thing whatsoever by the Promoters or
any person or persons lawfully or equitably claiming by from through under or
in trust for them made done committed omitted or knowingly or willingly
suffered to the contrary THEY the Promoters now have in themselves good right full
power and absolute authority to grant convey transfer and assure the said
premises hereby granted conveyed transferred and assured or intended so to be
unto and to the use of the Purchasers in manner aforesaid AND THAT it shall be
lawful for the purchasers from time to time and at all times hereafter
peaceably and quietly to hold use, occupy, possess and enjoy the said premises
hereby granted conveyed transferred and assured with their appurtenances and
receive the rents issues and profit thereof and of every part thereof to and
for its own use and benefit without any suit lawful eviction interruption claim
and demand whatsoever from or by the Promoters or their successors and assigns
or any of them from or by any person lawfully or equitably claiming or to claim
by from under or in trust for them or any of them AND THAT free and clear and
freely and clearly and absolutely acquitted exonerated released and for ever
discharged or otherwise by the Promoters well and sufficiently saved defended
kept harmless and indemnified of from and against all former and other estates,
title, charge and encumbrances whatsoever either already or hereafter had made
executed occasioned or suffered by the Promoters or by any other person or
persons lawfully or equitably claiming or to claim by from or in trust for them
or any of them; AND that they the Promoters and all persons having or lawfully
or equitably claiming any estate, right, title or interest at law or in equity
in the said premises hereby granted conveyed transferred and assured or any
part thereof by from under or in trust for them the Promoters or their
successors or any of them shall and will from time to time and at all times
hereafter at the request and cost of the purchasers do and execute or cause to
be done and executed all such further and other lawful and reasonable acts,
deeds, matters and things conveyance and assurances in law whatsoever for the
better further and more perfectly and absolutely granting unto and to the use
of the Purchasers in manner aforesaid as shall or may be reasonably required by
the Purchasers its successors or assigns or their counsel-in-law for assuring
the said premises and every part thereof hereby granted conveyed transferred
and assured unto and to the use of the Purchasers in manner aforesaid AND THAT
the stamp duty (if any) and registration charges in respect of the present Deed
of Conveyance shall be borne and paid by the Purchasers AND LASTLY it is
recorded that no separate consideration is being paid by the Purchasers to the
Promoters in respect of this Deed save and except the aggregate sum of Rs.
_____________ already received under various agreements mentioned in Annexture
“A” hereto and on which said agreements the stamp duty aggregating to Rs.
___________ has been paid and which said payment of stamp duty is herein
adjusted as per provision of Article 25 read with second proviso to Explanation
I of Schedule I of Bombay Stamp Act, 1958.
IN WITNESS WHEREOF the parties
hereto have hereunto set and subscribed their respective hands and seals the
day and the year first hereinabove written.
THE SCHEDULE ABOVE REFEFRRED TO:
(Give detailed description of
the land along with the
newly constructed building)
THE COMMON SEAL OF the within Named )
M/S. ABC VENTURES ESTATE AND )
DEVELOPMENT PRIVATE LIMITED, )
the Promoters above Named )
is hereunto affixed pursuant to the )
Resolution of its Board of Directors )
passed in that behalf, on the ______ )
day of ___________ 200____ in the presence of )
(1) _______________, Chairman and )
(2) __________________, Secretary and in )
the presence of:— )
THE COMMON SEAL OF the within Named )
PQR APARTMENT CO-OPERATIVE )
HOUSING SOCIETY LTD., the Purchasers )
Above Named is hereunto affixed pursuant to the )
Resolution of its Managing Committee )
passed in that behalf, on the ______ )
day of ___________ 200____ in the presence of )
(1) _______________, Chairman )
(2) __________________, Treasurer and in )
the presence of:— )
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