Agreement to Sell

Agreement to Sell

THIS AGREEMENT TO SELL is made at _______ on this day of ______, 2013 by and between

Mr. _______ S/o ______, r/o __________, (the vendor which expression shall, where the context so admits include his heirs, administrators, successors in interest and assigns) of the one part

AND

 

Mr. ________ S/o __________, r/o _________ (the Vendee which expression shall, where the context so admits include his heirs, administrators, successors in interest and assigns) of the other part

WHEREAS

  1. a) The Vendor is the sole and absolute owner in possession of land measuring ___________________________, situated at _____ (hereinafter referred to as the Property)
  2. b) The Vendor is desirous of selling the property and the Vendee is desirous of buying the same on certain terms and conditions as laid down in this Agreement hereinafter
  3. c) The parties have actually determined the total consideration price of the said aforementioned property amounting to Rs. _____________ and are desirous to execute the entire terms and conditions explicitly within this Agreement so that no ambiguity or doubt may be created between the parties inter.

NOW, THEREFORE, THIS AGREEMENT TO SELL WITNESSETH AS FOLLOWS:  

  1. That the Vendor shall sell and the Vendee shall buy the Vendor’s full rights of ownership with possession of the said property.
  2. That the party of the first part (the prospective Vendor) is desirous of selling the said aforementioned property __________________.
  3. That the aforementioned property measuring ________________ is being sold for a consideration price amounting to Rs. _________________ the party of the second part have agreed to disburse the said consideration in accordance with the mode of payment stipulated in this Agreement to Sell.
  4. That the price of the property measuring ____________ has been paid by the Vendor by the Vendee as Earnest Money for the sale of the property. Subject to the provisions of Clause 7 hereof, the balance amount of Rs. ____________ shall be paid on or by the Closing Date, as hereinafter defined. The party of the second part (the prospective Vendee) has consented and agreed to disburse the balance consideration price of Rs. _____________ at the time of execution of Sale Deed.
  5. That the parties shall execute a final Sale Deed in respect of the property on or by __________ (the Closing Date).
  6. That the Vendor shall hand over to the Vendee or its authorized representative, the quite, peaceful, vacant and physical possession of the property on receipt of the Balance Amount of Rs. __________ on or before the Closing Date.
  7. That the Vendor agrees that it shall sell, transfer and convey absolutely to the Vendee, free of encumbrances, the property together with other rights, interests, liberties, easements, privileges, appendages and appurtenances whatsoever to the said property belonging to or in any way of appertaining to or usually held, used, occupied or enjoyed or reputed to belong or be appurtenant to the property or any part thereof.
  8. That the Vendor shall pay all rates, taxes, cesses, charge dues, development charges, ground rent, assessments that may be due and payable to any Department or Agency of the Government or any other Council, Authority or any other Authority or Body in respect of the property up to the Closing Date.
  9. That the Vendor shall by the Closing Date, execute all such documents and papers and do every reasonable act, deed of thing whatsoever necessary or required by the Vendee so as to completely and/or more perfectly an defectively secure, assigns, transfer and convey the said property to the Vendee and shall, in this regard, sign all necessary documents and applications for mutation and transfer of the same in the records of any Government Departments, Authority or Agency as may be reasonably required.
  1. That all expenses for preparation of the Sale Deed, including cost of stamps and registration charges and any transfer fees, shall be borne by the Vendee.
  2. That if the Sale Deed is not executed and registered on or by the Closing Date due to default of the Vendor, the Vendee shall have the right to seek specific performance of this Agreement and shall be entitled to obtain any consequential relief from the Court of Law.
  3. That if the Vendee fails to make the balance payment and execute the Sale Deed on or by the Closing Date, the Earnest Money shall be forfeited and this Agreement shall be deemed to have been cancelled. However, before the cancellation of this Agreement the Vendor has to serve a notice for a reasonable time, for the Vendee to have the sale deed executed.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement at the place and on the date here in above indicated.

________________________                                    _________________________

for and on behalf of Vendor                                       for and on behalf of Vendee

_______________________                                      _________________________

witness                                                                        witness

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