THIS DEED OF GIFT executed at
__________, this _________ day of __________ Two thousand and _____ BETWEEN ABC
of ___________, Indian Inhabitant, residing at
_____________________________________ hereinafter called “THE DONOR” (which
expression shall unless it be repugnant to the context or meaning thereof, mean
and include his heirs, executors and administrators) of the One Part, and XYZ
of ________, Indian Inhabitant, residing at ____________________
_______________, hereinafter called “THE DONEE” (which expression shall unless
it be repugnant to the context or meaning thereof, mean and include his heirs,
executors, administrators and assigns) of the Other Part:
WHEREAS:—
(a) The
DONOR is seized and possessed of or otherwise well and sufficiently entitled to
Flat bearing no. 1 admeasuring 650 sq. ft. of carpet area on the _____ floor of
the building known as “PQR APARTMENT” belonging to PQR Co-operative Housing
Society Ltd. situate at ___________________________ (hereinafter referred to as
“the said Flat”).
(b) The
DONOR is also the registered member and shareholder of “PQR Co-operative
Housing Society Limited” a society registered under the Maharashtra
Co-operative Societies Act, under Registration no. _________________________
(hereinafter referred to as “the said Society”) and as such member is
the registered holder of 5 (five) shares of face value of Rs. 50/- (Rupees
fifty) each, of the aggregate value of Rs. 250/- (Rupees Two hundred fifty)
bearing distinctive Nos. 301 to 305 issued by the said Society (hereinafter
referred to as “the said Shares”) and bearing Certificate No. 10 of the
said society relating to the ownership of the said Flat. The said Flat and the
said shares are more particularly described in the Schedule hereunder written
and are hereinafter collectively referred to as “the said premises”.
(c) The
said flat was originally purchased by the DONOR from the Builders M/s.
_______________ under the agreement dated ______________. The DONOR has paid
the full consideration to the said Builders and complied with all his
obligations under the aforesaid agreement and since then he is in lawful
occupation of the said flat as absolute owner thereof. All the flat Purchasers
of the said “PQR APARTMENT” including the Donor have collectively formed the said
society.
(d) The
DONEE is the son of the DONOR.
(e) In
consideration of natural love and affection which the DONOR bears towards the
DONEE, the DONOR is desirous of making a gift of the said premises unto the
DONEE in the manner hereinafter appearing.
(f) The
DONEE has accepted the said gift by executing these presents in testimony
hereof;
NOW THIS INDENTURE WITNESSETH THAT for
effectuating the aforesaid desire and in consideration of natural love and
affection which the DONOR bears towards the DONEE, the DONOR doth hereby grant,
transfers, convey and assign all and singular his right, title and interest in
the said Flat No. 1 (admeasuring 650 sq. ft. of carpet area) on the 6th floor
of the building known as “PQR Apartment” situated
at ____________________________ belonging to PQR Co-operative Housing Society
Limited together with all his right, title and beneficial interest in the said
five fully paid up shares of the face value of
Rs. 50/- each aggregating to Rs. 250/- and bearing Certificate No. 10 of the
said Society and more particularly described in the Schedule hereunder written
unto the DONEE TOGETHER with all his rights, credits, advantages, appurtenances
whatsoever of and in the said premises or in any part thereof AND ALL his
estate, right, interest, claim and demand whatsoever of the DONOR in to and
upon the said premises as aforesaid AND TO HOLD the same unto and to the
exclusive use of the DONEE forever absolutely SUBJECT NEVERTHELESS to the
payment of all assessments, rates, taxes, cesses, dues and other outgoing
hereafter to become payable to the said society and/or to any other local or
public body or authority in respect thereof AND the DONOR doth hereby
represent, warrant and covenant with the DONEE THAT he the DONOR has good
right, full power and absolute authority to grant, release, convey and assure
the said premises hereby granted, released, conveyed, and assured or intended
so to be unto and to the use of the DONEE in manner aforesaid AND the DONOR
doth hereby further represent, warrant and covenant with the DONEE THAT the
DONOR has not at any time hereto fore done or executed or knowingly suffered or
been party or privy to any act deed or thing whereby or by reasons or means
whereof the said premises hereby assured or any part thereof may be encumbered
or affected in any manner whatsoever or whereby the DONOR is in anywise
prevented from transferring, granting, conveying and assuring the said premises
or any part thereof in the manner aforesaid AND FURTHER THAT the DONOR and
every person having or lawfully or equitably claiming any estate, right, title
or interest in the said Premises under or in trust for the DONOR shall and will
from time to time and at all times hereafter, at the request and cost of the
person or persons requiring the same, execute or do or cause to be executed and
done all such assurances, acts, deeds, matters and things whatsoever as may be
reasonably required for the further and more perfectly and effectually assuring
the said premises and every part thereof unto and to the use of the DONEE AND
IT IS DECLARED THAT on execution of this Deed of GIFT the DONEE has become the
absolute owner of the said premises and the Donor has ceased to have any
beneficial right, title or interest in the said Premises.
IN WITNESS WHEREOF the DONOR as well as the
DONEE by way of acceptance of the said gift, have put their respective hands on
the day and year first hereinabove written.
SCHEDULE ABOVE REFERRED TO:
(The detailed description of
the flat and of the said shares alongwith C.T.S. number of the property/plot in
which the building is situate)
SIGNED, SEALED AND DELIVERED by )
the withinnamed ABC, )
the DONOR abovenamed, in )
the presence of ————————— )
SIGNED, SEALED AND DELIVERED by )
the withinnamed XYZ, )
the DONEE abovenamed, )
in the presence of ———————— )
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