THIS
DEED of indemnity is made at………………… on this………………… day of…………… between Shri A, son of B, resident
of………………… hereinafter called "the
Seller" (which expression shall, unless it be repugnant to the context or
the meaning thereof mean and include his heirs, executors, administrators and
assigns) of the ONE PART and Shri C, son of D, resident of …………………hereinafter
called "the Purchaser" (which expression, unless it be repugnant to
the context or the meaning thereof mean and include his heirs, executors,
administrators and assigns) of the OTHER PART
WHEREAS
(1)The
Seller has entered into an agreement with the Purchaser for selling house
No……………… constructed on the Plot No………………… Survey No………………… situated at Village……………… Taluka …………………District………………… in the Registration District and Sub-District
of .....................
(2) The
Seller has represented that his title to the said house is clear, marketable
and free from encumbrances, but the owner has misplaced the sale deed
dated………………… executed by Shri …………………in favour of the Seller and other title
documents to the said house.
(3)The
Seller has represented that he has not created any charge, mortgage or
encumbrance over the said house and has requested the Purchaser to purchase the
said house without insisting upon the title deeds of the said house upon the
seller giving an indemnity indemnifying the purchaser from any demand, claim,
action or rights from any person claiming to be entitled to any right, title or
interest in the said house and/or in the event of anybody claiming any charge,
lien, mortgage or encumbrance on the basis of deposit of title deeds.
(4)The
Purchaser has agreed to purchase the said house without insisting on the title
deeds of the said house, upon the said seller agreeing to indemnify the
Purchaser in the manner hereinafter referred to.
NOW
THIS DEED WITNESSETH AS FOLLOWS
(1)That
in pursuance of the said agreement and in consideration of the Purchaser not
insisting for the title deeds and other documents in respect of the said house,
the Seller hereby covenants with the Purchaser that the Seller will at all
times hereafter indemnify and keep indemnified the Purchaser against all
claims, demands, actions, proceedings, losses, damages, costs, charges and
expenses which may be brought or commenced against the Purchaser or which the
Purchaser may or may have to incur or may have to suffer as a result direct or
indirect, for non-production by the Seller of the title deeds in respect of the house.
(2)
The terms "Seller" and "Purchaser" include their and each
of their respective heirs, successors, executors, administrators and assigns.
IN
WITNESS WHEREOF, the parties hereto have signed these
presents on the day and year hereinabove written.
WITNESSES
1.Signed and delivered by A, the
within named Seller
2..Signed and delivered by C, the
within named Purchaser
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