Sale Of Ownership Flats
Sale Of Ownership Flats Deed Format
This conveyance made this the. …………. day of ………….. 1999, between AB son of …………….. hereinafter referred to as the vendor which expression unless repugnant to the context shall mean and include the said vendor, his heirs, successors, executors, administrators and assigns of the one part and CD son of ……………. hereinafter referred to as the purchaser which expression unless repugnant to the context shall mean and include the said purchaser, his heirs, successors, executors, administrators and assigns of the other part witnesses as follows:
Whereas the vendor the sole and absolute owner of the multi-storeyed building consisting of ……….. floors divided into ………. flats with all other houses, outhouses, garages, servants’ quarters and other erections, fittings and fixtures together and with the piece or parcel of land or grounds thereunder whereupon or on part whereof the same is erected and built being premises No. …………. fully mentioned and described in Schedule A hereto and hereinafter referred to as the said building and whereas the vendor offered sale of the said flats as ownership flats and whereas by an agreement dated ……… made between the parties the vendor agreed to sell and the purchaser agreed to purchase and thereby own the flat in the front portion of the third floor of the building known as flat No. ……. with sole exclusive transferable and irrevocable right to use the same together with undivided ………… share of interest in the staircase and equipments other common parts services and of the building. Now the indenture witnesses that in pursuance of the said agreement and in consideration of the sum ……….. paid by the purchaser to the vendor the receipt of which sum the vendor hereby acknowledges, the said vendor as beneficial owner does hereby grant, convey, transfer and assign, assure unto the said purchaser free from all encumbrances the flat on the front portion of the second storey of ……….. being the property described in Schedule B hereunder written with half the depth in all the joints above between its ceiling and the floor above and also between the floor and its ceiling of the flat below and with full ownership of all doors, windows, fittings, fixtures both sanitary and electrical, all external and internal walls with ……… share or interest in the staircase, land below and all ways and passages, drains, water courses, together with the benefit of all ancient and other lights, liberties, easements, appendages and appurtenances and all estate right, title, interest, property claim, whatsoever of the vendor in the said flat free from encumbrances and attachments whatsoever to have and hold the property hereby conveyed to the purchaser absolutely.
And that the vendor doth hereby covenant and agree with the purchaser that notwithstanding any acts, deeds or things heretofore done executed or knowingly suffered to the contrary the vendor is now lawfully seized and possessed of the said property free from any encumbrances attachments or defects in title whatsoever and that the vendor has full power and absolute authority to sell the said property in the manner aforesaid.
And the purchaser shall hereafter peaceably and quietly hold, possess and enjoy the said property in khas or through tenant without any claim or demands whatsoever from the vendor or any person claiming through or under him.
And further that the vendor covenants with the purchaser to save harmless from and indemnified against all encumbrances, charges and claims whatsoever.
And the vendor further covenants that he shall at the request of and costs of the purchaser do and execute or cause to be done or executed all such lawful deeds and things whatsoever for further and more perfectly conveying and assuring the said property and every part thereof in the matter aforesaid according to the true intent and meaning of the Deed.
And it is further agreed and declared between the parties as follows:
(1) The purchaser shall be liable to pay directly to the authorities or contribute in proportion to the floor area of the flat and garage, if any, hereby conveyed to the purchaser towards payment of municipal taxes and other outgoings payable in respect of the property and in cases where the said payments are not made directly to any statutory authority then the same shall be made by the purchaser to the co-owners of the flats in the building represented by the co-operative of the purchasers of the flats in the building for the said purpose and the said co-owners as a body shall have right of attachment and sale of the purchaser’s flat No. …….. as security for the dues as aforesaid in case of non-payment.
(2) The purchaser shall have full and absolute proprietary rights such as the vendor derives from his title save and except that of demolishing or committing waste in respect of the property described in Schedule B in any manner so as to affect the vendor or other co-owners who have already purchased and acquired or may hereafter purchase or acquire similar property rights as covered by this conveyance.
(3) The purchaser shall also be entitled to sell, mortgage, lease or otherwise alienate the property hereby conveyed subject to the terms herein contained to any one without the consent of the vendor or any other co-owner who may have acquired before and who may hereafter acquire any right, title or interest similar to those acquired by the purchaser under the terms of this conveyance.
(4) The purchaser’s undivided interest in the soil as more fully described in Schedule C hereunder written shall remain joint for all times with the vendor and/or other co-owners who may thereafter or heretobefore have acquired right, title and interest in the land and in any flat/garage in the acquired right, title and interest in the land and in any flat/garage in the building, it being hereby declared that the interest in the soil is impartible.
(5) The purchaser shall have the right and ownership of the servants’ quarters and the garage indicated in the map or plan hereunto annexed which are also hereunder conveyed and allotted for his separate use.
Schedule A
Description of the property
Schedule B
Schedule of property hereby conveyed
(a ) Flat No. ……. on …………. floor in building named …………….… under Municipal No. …….. comprising a floor area of ……….… sq. ft. with all doors, windows, fittings, fixtures, walls consisting of ……….……… rooms ..……… bath ……… kitchen.
(b ) The vendor’s entire right, title and interest in all common parts and services the …….. which shall be impartible together with the owners of the other flats in the said building.
Schedule C
Particulars of undivided interest in the soil
In witness whereof the parties have put their signatures hereunto on the day, month and year first above-written.
Signed, sealed and delivered by the vendor in Calcutta in the presence of:
Signed, sealed and delivered by the purchaser in Calcutta in the presence of:
Memo of Consideration
Received of and from the within-mentioned purchaser a sum of Rs. ………. being full consideration within-mentioned and payable by purchaser to the vendor by Bank Draft No. 6 dated ……… for Rs. ………. on X Bank Ltd. payable in Calcutta.
Witnesses: Received
Signature of the vendor
Sale Of Ownership Flats Deed Format
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