Agreement For Sale Of Flat Deed Format

Agreement For Sale Of Flat

Agreement For Sale Of Flat Deed Format

This agreement for sale made this the 5th day of September 2000 between (1) Sri AB son of Sri CD, by faith Hindu, by Occupation Business, residing at present at ………………………… hereinafter referred to as the land owner (which expression shall unless excluded by or repugnant to the context be deemed to mean and include his heirs, executors administrators, representatives and legal assigns) of the First Part and MN a partnership firm represented by its partners and carrying on business as Builders, Promoters, Developers and Constructors having its office at …………………… hereinafter referred to as the developer (which term or expression shall unless excluded by or repugnant to the context be deemed to mean its successors and assigns) of the Second Part and Sri PQ son of Sri XY residing at ………………………… by occupation Service (hereinafter referred to as the purchaser (which expression shall unless excluded by or repugnant to the context shall mean and include his heirs, executors, administrators, legal representatives and/or nominees) of the Third Part.

Whereas the party hereto of the First Part herein is the absolute Owner and is seized and possessed of and/or otherwise well and sufficiently entitled to all that piece and parcel of land measuring an area of 5 (five) cottahs be the same a little more or less being the Development Scheme of the Government of West Bengal popularly known as ……………………… being Scheme plot No. ………, Block ………, ……………………, comprised in a portion of C.S. plot No. ……………….. within J.L. No. ………, Mouza ……………, Police Station ………………… at present ………………, Municipal Holding No. …………, Ward No. ………, within the limit of …………………………………………………………………………………………………… known as premises No. ………………………………………… by virtue of a Registered Deed of Sale dated ………………………… and registered with the Registrar of Assurances, Calcutta recorded in Book No. 1, being Nos. 10 for the year 1996.

And whereas the land owner has entered into an agreement on ……………………………… with the developer/Second Party for construction of residential flats on terms and conditions mentioned therein.

And whereas by virtue of the said Deed of Agreement the said land owner First Party has delivered peaceful vacant possession of the said property to the developer/Second Party for the purpose of construction of multi-storeyed building at the cost of the developer/Second Party comprising of residential apartments on the said plot of land for selling out ownership flats/apartments to the intending purchaser for valuable consideration.

And whereas by virtue of the said Deed of Agreement executed on ……………………… the land owner/First Party agreed to sign any document if required for conveying the flat to the intending purchaser with proportionate share of land at the cost of the intending purchaser Third Party and the said land owner also declares that he shall have no objection to the matter of realisation of advance amount from the intending purchaser of the plot by the developer.

 And whereas by virtue of the said Deed of Agreement dated ………………… the land owner agreed to sign any document if required by conveying the flat to the intending purchaser at his cost and the said land owner/vendor also declares that he shall have no objection in the matter of realisation of advance amount from the intending purchaser/s of the plots.

And whereas by virtue of the said agreement dated ………… ……………………… the land owner/vendor agreed not to receive any other consideration from the developer or from the purchaser except which were provided in the said agreement dated ……………………… executed between the said vendor/land owner and the developer.

Now this agreement witnesseth and it is hereby agreed by and between the parties hereto as follows:

1. The developer/Second Party will construct and complete the multi-storeyed building as per sanctioned plan No. …………… dated ………………… and shall plan, design, supervise and construct as per Indian Standard Code and the Development Scheme of the Government of West Bengal popularly known as ………………………………………, being Scheme plot No. ……… Block ………, ……………………, comprised in a portion of C.S. plot No. ………… within the Limit of …………… ………………………… as per specification mentioned hereunder.

2. The vendor and the developer have jointly represented before the purchaser that the said premises is free from all encumbrances and lis pendens.

3. ‘Covered Area’ shall according to the context mean the plinth area of the said unit or all units in the building including bath rooms and balcony or terrace and also the thickness of the boundary walls, internal walls and pillars columns provided that if any wall be common between two units then 1/2 of the area under such wall shall be included in each unit and also including a proportionate share of the area of the common portion of the building and/or as per the analysis given by the architect of the developer.

4. The developer shall arrange for separate electric meter for the owner of the respective flat from the CESC and also for water connection and drainage connection from the ………………… and the respective flat owner shall be liable to pay a sum of Rs. 10,000 (Rupees Ten Thousand only) to the developer for the same provided that if all the purchasers want Generator for supply of electricity the developer will arrange the same and the purchasers will be liable to pay the cost of Generator and the charges for running thereof.

5. The Land: All that piece or parcel of land measuring 5 (five) cottahs be the same a little more or less within the Development Scheme of the Government of West Bengal popularly known as …………………………………………… being Scheme plot No. …………………………, comprised in a portion of C.S. plot No. ……… within J.L. No. ……, Mouza …………… Police Station ……………………… at present ………………, Municipal, Holding No. …………, Ward No. …………within the limit of ………………………………………………………………. and known as …………………………………… which is butted and bounded as follows:

On the North by 20 ft. wide road.

On the south by Scheme plot No. ……, owned by Mr. ………………… .                                 

On the East by Scheme plot No. ……, owned by Sri ……………….… .

On the West by Scheme plot No. ……, owned by Sri ……………….… .

6. Common Portions Common to the Owners of the Flats

          (a) The land comprised in the premises but excluding those reserved for parking of car/cars marked by the developer exclusively to any Unit or the purchaser and those mentioned herein.

          (b) Only general light point/points of the common portions shall be provided.

          (c) Drains, sewers main water connections from the South Dum Dum Municipality the underground reservoir main water delivery pipe line from underground reservoir to overhead water tanks lift and distribution pipe-line to kitchen and toilets of different units/and or to the common portions.

          (d) Last roof for use only, staircases and landings of different units and to the common portions.

          (e) Water pumps and motors, Electrical wiring and Main Switch-box, Main electrical distribution-board, Sub-distribution boards, Electrical wirings, Main electrical meter, and other installations and fittings.

               (f)  Water and sewage evacuation pipes from the units to the main drains and sewers common to the buildings, water reservoir pipe lines septic lines, septic tank overhead tank etc.

          (g) Boundary wall, Main gates, Drive ways are common to the said building including the roof of the said building.

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7. Declarations of the said unit and/or Flat No. ….……… intended to be purchased by the purchaser:

All that the said Unit being the Flat No. ………… on first floor containing a total super-built-up area of ……………  sqft. (approx.) inclusive of common area facilities in the proposed building.

Apartment ………………… premises No. ……………………… together with the proportionate share in the land on which the said entire building has been constructed.

8. Type of Construction and Specification of Building:

Foundation      :    Stone column/isolated footings with the beams connecting the column (Specially designed to suit the soil condition).

Structure         :    RCC-framed structure.

Roof               :    RCC Slab with proper water proofing treatment.

Walls               :    1st class burnt bricks in suitable cement sand mortar plastered.

Wall Finish       :    Plaster of paris on internal walls and super snowcem on outer walls.

Floors             :    Drawing/Dining/Bed Room/Balcony with Mosaic Tiles/Kitchen/Toilets with Marble Finish.

Door               :    One side teak factory made Flush Door with Eye piece Mortice Lock and Stopper, Main Entrance door will be Fire Resistant.

Window           :    Wooden and MS Grills with Glass.

Sanitary           :    Bath Room walls upto 5′ Marble Tiles coloured/ White ceramic ware fittings C.P./ Royal Tap  shower/ Towel Rod/Mirror.

Kitchen            :    Marble sink and Forking Top in Marble and wall of working Top upto 2′ Granite.

Electricals       :    Concealed wiring and points in all Rooms, Kitchen, toilets, Balcony using standard quality conductors, plug points in all Rooms, Kitchen, Toilets, etc. TV and Telephone outlet in living Room.

Water              :    Deep Bore well with O.G. Tank for 24 Hours water Supply.

Lift                  :    24 hours Automatic Lift service.

Security           :    Separate Security Control Room, Pump Room.

Entertainment  :    Dish Antenna at extra cost.

Fire Protection :    Fire extinguishing equipment at common place, Lightening Arrestor at suitable place.

Parking extras :    Car-parking space available at extra cost.

Extras             :    To be notified and separately paid for by purchaser.

9. Consideration money for the proportionate undivided share/interest in the said land cost of construction of the said Unit.

A.   Consideration for transfer of proportionate

      undivided 1/10th Owner’s share in the land                   …       Rs.      5,00,000

B.   Consideration for construction and cost of

      the said Unit and the common portions

      proportionately shall be                                          …           Rs.      6,00,000

                                                                                    …          Rs.      11,00,000

The Third Party/purchaser agrees to purchase the flat being No. 2 on the 1st floor of the said building at a total price of Rs. 11,00,000 (Rupees Eleven Lakhs only). The said flat intended for sale has not yet been booked earlier to any person. The mode of payment by the purchaser to the developer/Second Party will be in the following manner:

         (i)   At the time of booking

        (ii)   First Instalment

       (iii)   Second Instalment                                         …        Rs. 4,50,000

       (iv)   Third instalment

        (v)   Before possession within

              31st December 1999                                      …        Rs. 6,50,000

Before date of possession the purchaser shall pay all amounts becoming due to the developer.

10. The developer/Second Party shall complete the construction of the building in all respects and make ready for possession of the said apartment to the purchaser/Third Party on or before 5th December 1999 subject to compliance of terms and conditions written hereunder.

11. In case of default, in the matter of payment of advance money and/or instalment as stated in clause 9 of this Agreement by the purchaser/Third Party to the developer/Second Party, the purchaser/Third Party shall be liable by way of compensation to pay interest at the rate of 2% per annum on the outstanding amount after 15 days on failing to pay the instalment/advance money to be paid to developer/Second Party from the date of demand notice in addition to the payments as written in clause 9 hereinabove.

12. In the event the purchaser/Third Party defaults in the matter of payment of the instalments in accordance with clause 9 of this Agreement for more than 30 (thirty) days from the date of demand notice then the developer/Second Party will be at liberty to forfeit the said right to the flat and also to sell out the said flat No. 2 to anybody at its sweet will and the repayment will be as per clause No. 13 of this agreement.

13. The purchaser/Third Party may get refund of the amount already paid on account of the his booking of the said flat subject to intimation in writing to the developer/Second Party who shall return in such case 75% of the total amount deposited subject to minimum deduction of Rs. 50,000 and the said reduced amount will be refunded within six months from the date of the intimation and/or cancellation of this agreement.

14. The purchaser/Third Party shall not sell, transfer and/or assign any of his right, title or interest with respect to the said flat, particularly stated in clause 7 of this Agreement to anybody before taking delivery of possession of the said flat without written consent of the Developer/Second Party.

15. The developer/Second Party shall not be liable for any loss caused by acts of God or other unforeseen circumstances making it impossible for the Developer to construct the said building and to deliver possession of the said flat in the said building to the purchaser/Third Party on or before the stipulated date. Save and except the aforesaid reasons, the developer/Second Party shall be liable to deliver possession of the said flat in the said building to the purchaser/Third Party on or before the said stipulated date, otherwise the developer/Second Party shall be liable to pay the damages at the rate of Rs. 4,500 per month to the purchaser/Third Party till the delivery of the said flat in the building.

16. The purchaser/Third Party shall become the absolute owner in respect of the said flat after mutation of the said flat and/or after registration of the said deed of conveyance. The purchaser/Third Party shall be bound to make registration of his flat.

17. The developer shall arrange for execution and registration of the Deed of Conveyance by the Registered Power of Attorney of the land owner in respect of the said flat in favour of the purchaser but the purchaser agrees to bear and/or pay the cost of registration of Deed of Conveyance including the stamp duty and all charges separately.

18. In the event the developer/Second Party fails or neglects to complete the sale as aforesaid or otherwise to carry out any one or more of the obligations on its part as provided in this Agreement or otherwise required by law the purchaser/Third Party shall be at liberty to enforce specific performance of this Agreement by institution of legal proceedings or at his option sue the developer/Second Party for recovery of the advance amount unless the developer affected under clause 16 of this agreement.

19. The purchaser/Third Party agrees to bear all the common expenses with other flat-owners as will be settled among themselves.

20. General specification as agreed by and between the parties is written as hereinabove mentioned.

In witness whereof the party of the First Part being the owner, the party of the Second Part, being the developer, and the party of the Third Part being the purchaser hereto have set and subscribed their respective hands on the day, month and year first above-written.

Signed, sealed and delivered by the land owner at Calcutta in the presence of: Signed, sealed and delivered by the developer at Calcutta in the presence of: Signed, sealed and delivered by the purchaser at Calcutta in the presence of:   

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