Agreement For Sale Of Apartment
Whereas the vendor is absolutely seized and possessed of the land and premises situate at………………and more particularly described in the Schedule hereunder written.
And whereas on the said land described in the First Schedule hereunder written there are certain buildings or structures.
And whereas the vendor proposes to develop the said land by demolishing the existing structures and by constructing a new building in their place, according to the Building Plans hereinafter mentioned and to sell the flats in the said Building on Apartment Ownership basis.
And whereas the vendor has obtained permission of the Competent Authority under the Urban Land (Ceiling and Regulation) Act 1976.
And whereas the purchaser has examined the title of the vendor to the said land and has seen the documents of title in the Vendor’s possession and is satisfied with the Vendor’s title to the said property.
And whereas the vendor declares that the said property is free from any encumbrances.
And whereas the vendor proposes to enter into an agreement for sale with the said purchaser pending the construction of the said building.
And whereas the purchaser has agreed to purchase and the vendor has agreed to sell on ownership basis the said Apartment No. 3 on the First Floor in the said building hereinafter referred to as “the Apartment” on the terms and conditions mentioned herein.
Now therefore these presents witnesseth and the parties agree as follows:
2. Inspection of the Plan and Title Deeds have been given to the purchaser and he has satisfied himself as to the title of the vendor to the said land and premises and accepts the same.

(1) Rs. 5 lakhs on or before………………
(2) Rs. 5 lakhs on or before………………
(3) Rs. 5 lakhs on or before………………
(4) Rs. 5 lakhs being the balance against delivery of possession of the Flat to the Purchaser.
The time will be of the essence of the contract in case of each instalment.
4. The purchaser shall be liable to pay interest at the rate of 12% p.a. on all the amounts due and payable by the purchaser under this Agreement if such amounts remain unpaid for more than 7 days after becoming due. This is without prejudice to the rights and remedies of the vendor under these presents and/or in law.
6. On the purchaser duly observing and performing all the obligations and stipulations contained in this Agreement and on his part to be observed and performed and on payment to vendor all amounts payable by him under this Agreement, the purchaser shall be entitled to the possession of the said Apartment.
8. No act of the vendor shall be construed as a grant in law to the purchaser of the said plot and building to be constructed thereon or any part thereof until a formal Deed of Sale of Apartment or Conveyance is executed as hereinafter provided.
10. The purchaser shall have no claim save and except in respect of the said Apartment hereby agreed to be purchased by him. All the other structures of the said land, open spaces, parking places, lobbies, staircases, lifts, terrace etc. will remain the property of the vendor until all the Apartments are sold and transferred to the purchasers thereof and the Declaration and Deeds of Apartment are executed and the association is formed as provided in the West Bengal Apartment Ownership Act 1972 (West Bengal Act XVI of 1972).
12. The purchasers of all the flats and the premises in the said building including the purchaser herein shall join and form an Association and the purchaser agrees to join such association or society. On completion of the building and receipt by the vendor of the full price of all the flats/car parking places and other premises in the said building under this and similar agreements in respect thereof and all other charges and deposits payable by each purchaser to the vendor under this Agreement and similar agreements with other Purchasers in respect of each Apartment the vendor shall convey and/or cause to be conveyed to each purchaser including the purchaser herein title to the respective Apartment free from all encumbrances. However, the vendor will not be obliged to execute the Deed of Apartment till such time as all the flats and premises are sold. The purchaser shall be liable to contribute to and at the time of execution of this Agreement and deposit and keep deposited with the vendor a sum of Rs. 50,000 towards legal costs (exclusive of stamp duty and registration charges of the Deed of Apartment) in connection with the execution of this and other documents required to be executed. All the legal expenses including the expenses of Stamp Duty and Registration charges will be borne by the purchaser alone.
13. The costs charges and expenses of preparing, engrossing, stamping and registering all the Agreements, Conveyances, Deeds or any other document or documents required to be executed by the vendor or by the purchaser as well as the entire professional costs of the advocates of the vendor in preparing and approving all such documents shall be borne by the purchaser in proportion to the area which the flat agreed to be sold bears to the total built up area of the building.
15. Without prejudicing the rights of the purchaser under the Deed the vendor will be at liberty to sell, assign or otherwise deal with his own interest in the said land and building or any part thereof.
16. No delay or indulgence by the vendor in enforcing any of the terms of this Agreement or any forbearance or giving of time to the purchaser shall be construed as a waiver on the part of the vendor. Any breach or non-compliance of any term or condition of this Agreement by the purchaser shall not in any manner prejudice the right of the vendor.
17. Until transfer of the said Apartment to the purchaser and all dues payable to vendor have been paid and without previous written consent of the vendor the purchaser shall not agree to or let, transfer or assign or give on Leave and Licence the said Apartment. The consent shall not however be unreasonably withheld.
18. Upon the purchaser paying the vendor’s dues and performing the terms and stipulations of this Agreement the purchaser shall peacefully hold and enjoy the Apartment for ever without any interference by the vendor or any person claiming under him.
20. The purchaser covenants to do all acts, and things and sign and execute all other documents and papers as shall be incidental to the due carrying out the performance of the terms of this Agreement and for safeguarding the interests of the vendor and other purchasers of apartments in the said building as the vendor may require him to do and execute from time to time at the costs and expenses of the vendor.
22. The vendor shall pay the balance if any of the deposits paid by the purchaser to the vendor under clauses 11 and 12 above after defraying the expenses mentioned in the said clauses and after transfer of the property is complete shall be paid to the respective flat owners. The said deposits shall not carry any interest.
23. Service of all letters, receipts and notices by the vendor shall be under certificate of posting to the address given by the purchaser. Such despatch will be sufficient proof of receipt of the same by the purchaser.
24. The purchaser shall not use or permit to be used the said Apartment for any purpose other than residential purpose or for a purpose approved by the Association. The purchaser shall not cause or permit to be caused any nuisance or annoyance to the occupiers of other flats and Apartments in the said building. The purchaser shall not be entitled to use any parking or other space in the compound of the building for parking vehicles, except any parking space he may have agreed to purchase, and his right to park the vehicle will be subject to the rules and policy of the Association.
25. Subject to the other provisions of this Agreement the sale of the said Apartment will be completed within 6 weeks from the date of completion of the building and the occupation certificate being issued by the Municipal Corporation and notice whereof is given by the vendor to the purchaser.
26. All the outgoings including ground rent, taxes, etc. pertaining to the property up to the date of the occupation certificate of the flat payable and paid by the vendor may be apportioned between the vendor on the one hand and the purchaser and the other purchasers of the other Apartments on the other.
27. The vendor and all other necessary parties interested in the said property shall make and execute the Deed of Apartment (Deed of Conveyance) in terms of the draft to be prepared by the vendor.
28. It is declared by the vendor that no notice had been issued by the Government or Municipal Corporation or any other Public Body for carrying out repairs to the said property and if such notice is issued prior to the completion of the sale the vendor shall comply with the same at his expenses.
30. The said and other Apartments shall be subject to the provisions of West Bengal Apartment Ownership Act 1972 and the Rules made thereunder and execute or join in executing a Declaration to the effect that he or they submits his Apartment or their Apartments to the provisions of the West Bengal Apartment Ownership Act 1972, in the form prescribed by or under the said Act and will abide by the terms thereof.
31. On the purchaser’s failure to complete the purchase of the said Apartment in terms of this Agreement within the time stipulated herein the purchaser shall forfeit the said earnest money and will be liable to pay proportionate costs, charges and expenses and damages incurred by the vendor.
32. On the vendor’s failure to complete the sale within the stipulated time he shall be liable to refund to the purchaser the amount of earnest money and all other moneys with interest at 12% p.a. till repayment and all costs, charges and expenses incidental to this agreement and incurred by the purchaser.
33. The original Apartment Agreement given to the purchaser will be lodged for registration under the Registration Act 1908 within 4 weeks from the date of delivery of possession of the Apartment by the vendor to the purchaser and the vendor will admit execution before the Registering Authority (Sub-Registrar) on receiving intimation that this agreement is so lodged.
In witness whereof the parties hereto have hereunto put their respective hands on the day, month and year first above-written.
The Schedules above referred to
I
II
Signed and delivered by the within named vendor ………………………. in the presence of:
1.
2.
Signed and delivered by the within named purchaser …………………… in the presence of:
1.
2.
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