Sei sulla pagina 1di 4

AGREEMENT TO SELL THIS AGREEMENT TO SELL is made and executed at Gurgaon, on this __________.

BETWEEN ______________________________________________________________________ ______________________________________________________________________ _______________ hereinafter called the party of the First Part. AND ______________________________________________________________________ _____________________ hereinafter called the party of the second Part. The term and expression Party of the First Part and Party of the Second Part shall, unless repugnant to the meaning and context mean and include their legal heirs, representatives, nominees and assigns. WHEREAS Party of the First Part has been Allotted a residential property ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________ as per the agreement between the party of the first part and Vatika Ltd, Vatika Triangle , 7th Floor, Sushant Lok-I, Block- A, M.G Road, Gurgaon-122002 (Haryana) as per terms of said agreement. AND WHEREAS the party of First Part is beneficial owner/ Allottee having absolute rights, title and interest in the said property and has exclusive rights to deal with the said rights, title and interest as mentioned in the Builders agreement , subject to consent of Vatika Ltd.

::2:: WHEREAS for their personal needs and requirements, Party of the First Part is desirous of transferring all rights/interest in the said property and the Party of the Second Part has expressed his desire to purchase the same, subject to the terms and conditions contained hereinafter. THIS AGREEMENT WITNESSETH AS UNDER: That the party of the First Part hereby agreed to transfer, and assign their rights, interests, liens and titles vested in his favour in respect of the said property to the Party of the Second Part or their nominee and Party of the Second Part has agreed to purchase from the party of the First Part the said rights, interest and titles in the said property_______________________________________________________________________ __________________________________________________________________ including the cost of EDC & IDC for a total consideration of Rs. _________/-in words( Rupees ________________________________________only ) 1. That the total sale consideration of Rs. ______________/-in words( Rupees __________________________________________________________only )has been or will be paid by the party of the Second Part to the party of the First Part and Vatika Ltd. as detailed here under:(a) Rs._____________/- (Rupees __________________________________ only) towards earnest money has paid as detail as under:Cash/Cheque Dated Amount Drawn On In Favour Of Cash __________ __________ -----------------------------

(b) The balance consideration of Rs. ___________/-(Rupees ______________________________________________________only) shall be paid by Second Party as follows: (i) Rs ___________/-( Rupees _______________________________ only) to First Party on the date of transfer of property . (ii) Balance amount Rs. ___________/-( Rupees ________________ only) to Vatika Ltd. as per the payment schedule in the buyers agreement.

::3:: 2. That the party of the First Part will not be responsible for payment of any additional charges/dues that may accure due to increase in areas of Plot. Similarly the credit if any received by party of the Second Part due to reduction in areas will not be refundable to the Party of the First Part. 3. That the Party of the First Part assures and will ensure the party of the Second Part that the rights, titles, and interests in the said property hereby agreed to be transferred/assigned are free from all kinds of encumbrances such as sale gift, lien, mortgage, court litigation, dispute, etc. 4. That the Party of the First Part has also confirmed that they are fully empowered and legally competent to transfer rights, titles and interests in the said property to the Party of the Second Part, and in case the said rights and intents are found to be defective or encumbered in any manner at any point of time, except subject to the conditions of the Agreement with Vatika Ltd. and that if it is proved otherwise, or in case the Party of the Second Part suffers any monetary loss, on account of any defect in the title of the Party of the First Part in respect of the said Property, the Party of the First Part shall be legally bound to pay all the expenses and losses incurred by the party of the Second part. 5. That the party of the first part shall not create any charges over the said property after the execution of this agreement and party of the first part shall have no right to sell it to any body else after signing of this agreement. 6. a. The transfer charges which would be required to be paid to Vatika Ltd. at the time of transfer of the said property in their records in favour of the party of the Second Part, shall be paid and borne by the party of he First Part. b. The party of first part will pay and bear all the outstanding instalments and the interest on the outstanding instalment /delayed payments till the date of transfer. c. The expenses towards stamp duty and / or any other charges towards Registration of Sale Deed by Vatika Ltd. in favour of Party of the Second Part shall be paid and borne by the Party of the Second Part as per demand notified by them. The maintenance charges/ security/ Club Charges or other deposit paid or required to be paid subsequent to transfer of the said property to Vatika Ltd. shall also be borne by the party of the second part. 7. On receiving full consideration as stated in Para 1(a,b) of this Agreement, that the First Party is transferring all rights/ interest in the allotment of the said property and after transfer in favour of Second Party, the Second Party shall take possession of said property directly from Vatika Ltd. and registration of sale deed shall also be done by them in favour of Second Party.

::4::

8. That the Party of the Second Part has read and understood the terms of allotment and agreement pertaining to the said property as existing between Vatika Ltd. and Party of the First Part. 9. If the Party of First Part does not perform his part of contract then the Party of the Second Part will be entitled to get it completed through court of law by filing a proper Suite for specific performance at the cost and expenses of the Party of the First Part . 10. That Party of the first part further confirms & declares that this agreement is irrevocable and shall be final and binding on them, their heirs, executors, administrators and assigns. 11. The above Agreement shall null & void in entirely if the party of second part fails to pay the balance consideration amt as para 1( b) of this agreement by _________ and party of first part will forfeit the earnest money.

IN WITNESS WHEREOF the parties hereto have subscribed their hands on the day, month and the year first above written in presence of each other and in presence of the following witnesses who have also signed in presence of each other.

WITNESSES:

Party of First Part

Party of Second Part

Potrebbero piacerti anche