CONVEYANCING, FOlli S OF ~GREEMENTS

449

11te usual clauses which appear irt an 'Agreement to Sell' are as

I rouows:
(i) Date and Parties.
(ii) Recitals: Description of the property, 1he "free from
encumbrance" clause, Price and earnest money paid by the
Purchaser, etc.
,
(tii) Covenants, Rights, etc. •
(iv) Delivery of vacant possession and title-deeds to the
Purchaser.
(v) Taking of certificates/permission from the governmental
authorities by the Vendor. ..,, ,
(vi) Time being the essence of the agreement (for completion of
sale).
(vii) Marketable title free from reasonable doubt.
(viii) Indemnity clause.
(ix) Provisions in case [Link] of agreement.
(x) Apportionment of rates, taxes, etc.
(xi) Provision regarding costs·
(xii) Schedule - containing the description of property.

Sj>ec;men Form

TUY NT executed at ..... this 23rd day of April 20

is·
... ,
uuSAGREEME
BETWEEN • h . ft
residing at ...... , erema er ca11ed the u,[Link],, ,
Sh. AB, son of Sh••••• , n1 repugnant to the context or meaning hereof,
Which expression ~~ :S:ccessors, legal representatives, administrators,
rnean and indu~ hiS and 'assignees, of the First Part;
executors, nominees
AND • residing at .... , hereinafter called the "Purchaser",
Sh. CD, son of Sh,·~' unless repugnant to the context or meaning hereof,
.-:c:ion sh '
Which exp~~ his heirS, successors, legal represe. ntatives
* •
, administrators,
mean and iJlClude and assignees, of the Other Part;
ominees
executors, n
 ►

450 DRAFTING PLEADINGS AND CONVEYANCING

WHEREAS Vendor is the absolute owner of property

beann
arly ~~· •····,
at ....... , built over an area of ....... sq. ft. more part icul
s thereor-"'"'U>ed iQ
• the Schedule annexed hereto and with the boundarie
red for greater clearance and delineated on the plan
also annex :marked iQ
Cd, hereto,
hereinafter referred to as the "said property".
sented
AN D WHEREAS the Vendor has declared and repre
of inh ~ the
Purchaser that he has acquired the said property by way
ing be~tance
from his father Sh. . ... who died intestate on ......... leav
Only
the Vendor as the sole legal heir;

represented to
AN D WHEREAS the Vendor has further declared and
erty of his fa:;
Purchaser that the said property is the self-acquired prop
......... vide sale.
Late Sh. . ... who purchased the same from Sh. . . . . on
deed duly registered before the Sub-Registrar, ....... .
said property and
AN D WHEREAS the Vendor is interested to sell the
and interest of the
the Purchaser has agreed to purchase all the rights, title
ideration of Rs.
Vendor in respect of the said property for a total cons
itions appearmg
........ (Rupees ......... only) ·subject to the terms and cond
hereinafter.

S AND THE
NOW, THEREFORE, THIS DOCUMENT WITNESSE
R:
PARTIES HERETO AGREE AND DECLARE AS UNDE

1. The VENDOR agrees to sell and the PURCHASER

agrees to
an
purchase the entirety of the premises No ..... ... comprising
area of . . . . . . . . . . . . cottahs . . . . . . . . . chittacks . . . . . . . .. sq.
ft••
nder
particularly mentioned and described in the Schedule hereuas an
"d •
written and hereinafter referred to as the sa1 premises
o
absolute estate in fee simple or an estate equivalent theret
subject to a good and marketable title being made in respec
t
c;:;
thereof and the property being found free from all encwnbran
attachments, charges and other claims and demands at;;005
the price of Rs. . . . . . . subject to the terms and con
hereunder contained.
 CONVEYANCING, FORM
S OF AGREEMENTS
4!1

z. 11
. te pURCHASBR has this da
of }lS......... f1>1
y paid to the·VENDOR the
sum
. ,: .. v,\lpees.1.u ......•..) as
•
attd by way of earnest
1110neY and the balance of the pure
Rs ........ shall be paid• at th
Has~ mottey •amounting to
e,time of obfflpletlon of the pu
Simultaneously with: the ex rchase.
ecution of this ·1tgreement,
VENDOR shall delfver _to th~
the. purchaser's' solicitor
accountable receipt au;~itle on his
deeds and other papm. ind
·including the sanctioned bu writings
ilding plan and municipal'b
to the premises and the pu illr relatirig
rchase shall be completed
days from th~ date hereof Within ....
p~vided ~ good marketab
made out and the VENDOR le title is
makes, the;property free fo
encumbrances, claims and rm all
demands whatsoev~r and no
to any scheme of acquisitio t subject
n or requisiti9n. Time shall
purpose be deemed to ~ for this
th~- es~nce of con,tract
3. The VENDOR doth here .
by ,agrees ·to answer all re
1

requisitions on title to be asonable

made by··the purchaser' so
4. If a good and marketable tit licitor.
le _is made out and the prop
found to be free from all encu erty is
mbrances, attachments and
and other claims and deman charges
ds and riot affected by any
or scheme of acquisition notice
or requisition, the VEND
execute a proper conveyan OR will
ce or conveyances 'in favo
PURCHASER. or his nomin ur of the
ee or nominees or assignee
the VENDOR shall make su in which
ch other person or persons
join, if necessary, as conv , if any,
eyancing; confmning or
party or parties to pass an assuring
d convey an .absolute title
PURCHASER or to redeem unto the
any charge or encumbrance
VENDOR shall bear and pa . The
y all outgoings and liabilities
property up to and inc}usiv of the
e of the date of sale. .
5•
The VENDOR shall deliv
er peaceful. vacant posses
portion of the said premises sion of a
which is in his occupation
rest by attornment of tenan and the
cy to the PURCHASER at
of completion of the purc the time
hase... In case any· other po
now occupied by the tenan rtion(s)
ts·falls vacant, the VENDO
not induct. any new tenant R shall
0 or tenants nor allow the sa
therwise occupie4 and shall me to be
tbereof to the PURCHASE als o deliver va cant possession
R.
452 DRAFTING PLEADINOS AND CONVEYANCING

6. If a good and marketable title is not made out or the property

is found to .be subject to any encumbrances, attachments or
charges or other claims or demands, the PURCHASER shall be
at liberty to rescind this agreement and the VENDOR shall in
that event an~ on demand by the PlJRCHAS~R refund the said
earnest money with interest @ ~ 5% per, annum and shall pay
to the PURCHASER a sum of. Rs., ....... only as settled costs
of searches and investigation of the :VENDOR'S title and of
-this agreement.' •
7. If the VENDOR fails and/or neglects to complete the sale after
the title being made out as aforesaid or otherwise to carry out .
any one .or more ·of the obligat .
ions on his ·part as hereunder
provided or otherwise required by law, the PURCHASER will
be at liberty to enforce· specific performance of· agreement by
institution of legal proceedings or, at his option, inay sue the
VENDOR for recovery of the e~es t money ~th interest,
costs and other reliefs.
8. If on the title being found good and marketable, the
PURCHASER fails to complete the purchase within the time
aforesaid, the earnest money shall be forfeited to the VENDOR
or the VENDOR may at his option enforce-specific perfonnance
of this agreement by the PURCHASER and the PURCHASER
will also be liable to pay the costs and expenses of proceedings
for specific performance.
9. The said premises or any potion there~f is not at present affected
by any Notice or Scheme of the Municipality_or any other local
public authority or body corporate. If it be found to be so
affected before the completion of the sale, it shall be optional
on the part -of th~ PURCHASER to rescind this agreement and
in that,event the VENDOR shall refund the earnest ~oney to8
the PURCHASER and shall further pay to his said solicitor
sum of Rs ......... as aforesaid as settled costs of investigation
of title and of this agreement.
10. The VENDOR shall procure the necessary certificate under
Sec. 230A of the ·Income •Tax Act, 1961 and pe~ission under
 CONVEYANCING, FORMS OF AGREEMENTS
4S3
. ••

sec. 27 of the Urban Land Ceiling (Regulation and Control) Act

t976, if necessary and produce the same for inspection of the
purchaser's solicitor.
The VENDOR shall cause to be paid all rates, charges and
11· • f
other outgoings o Municipal Corporation and/or other Authority
or Department up to ihe date of. handing over the vacant
possession of the said property to the PURCHASER. It shall be
the responsibility of the PURCHASER to bear and pay all other
rates, taxes, charges and outgoings as well become due and
payable for the period after the date or taking of the vacant
possession of the property.
12. That the stamp duty, other costs and expe11ses for preparation,
execution and registration of the sale-deed shall be borne and
paid by the PURCHASER.
The Schedule above referred to

IN WITNESS WHEREOF, the parties have set their

respective hands on this agreement on the day, month and
year first above written 'in presence of the following
witnesses·.
VENDOR
PURCHASER
Witnesses
1.
2

MEMO OF CONSIDERATION
Received of and from the within-mentioned purchaser a sum
of Rs. 1, 50, 000 as Earnest Money for the within-:entioned
agreement for sale by bank draft No. . ...., dated 15 •••.., 20
..... , for Rs. 1, 50, 000 on . . ... Bank Ltd. payable in Delhi.
Received
Signature of the VENDOR