Transfer Of Apartment By Developer Deed Format

Transfer Of Apartment By Developer

Transfer Of Apartment By Developer Deed Format

This deed of Transfer of Apartment made this …… day ……… 2000 between AB Ltd. a company registered under the Companies Act 1956 and having its office at …………………………………….  (hereinafter referred to as the vendor which term shall include its successors and assigns) of the First Part and Mr. MN ……………………………….  (hereinafter referred to as the purchaser which term shall include his successors, heirs, Administrators, Executors and assigns) of the Second Part and Mr. XY of ……………………….. (hereinafter referred to as confirming party) of the Third Part.

Whereas under an Agreement dated …………………….. the vendor obtained the authority and right to demolish the existing structure and construct in its place a multi-storeyed apartment building at ……………………………. .

And whereas the confirming party gave the vendor a Power of Attorney, inter alia, to enter into agreement for sale of apartments in the said multi-storeyed building.

And whereas the purchaser has made searches and enquiries in respect of the relevant documents and satisfied himself in all respects and that the said multi-storeyed building since constructed is free from all encumbrances and all statutory provisions have been complied with and permissions have been obtained and completion certificate and occupation certificate have been obtained.

And whereas the vendor intends to sell and the purchaser intends to purchase 600 sq. ft. carpet area comprising in flat No. ………….. on the first floor of …………………….. at a price of Rs. 1,000 per sq. ft. of carpet area.

And whereas the purchaser has agreed to pay and bear the stamp duty and registration charges of this Deed of Transfer of Apartment.

And whereas the vendor has complied with all statutory formalities and undertakes to comply with all statutory formalities required in relation to this agreement.

Now this deed witnesseth and the parties agree as follows:

1. In consideration of the purchaser paying the price of the said apartment of Rs. 6,00,000 (Rupees six lakhs) before execution of these presents to the vendor (the receipt whereof the vendor hereby admits) the vendor doth hereby grant and transfer by way of sale unto the purchaser forever all that the said Apartment No. ………….  on the first floor of premises No. ………………..  having a carpet area of 600 sq. ft. and more particularly written in Schedule I hereunder together with 10% undivided interest in land appurtenant to the said Apartment, in the common areas and facilities of the said piece of land and the said building described in Schedule II hereunder to have and to hold the said flat hereby granted and sold unto the purchaser forever to be held as heritable and transferable according to law subject to the condition that the said flat is to be used for residential purpose and for no other purpose.

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2. The vendor doth hereby covenant with the purchaser that (a) he has authority to grant and sell the said flat hereby granted and sold unto and to the use of the purchaser, (b) the purchaser shall at all times hereafter peaceably and quietly enter upon, hold, occupy, possess and enjoy exclusively the said premises hereby granted with appurtenances, (c) the said premises are free from any encumbrances, charges, rights, trusts and (d) the vendor shall from time to time execute or cause to be executed and do or cause to be done all reasonable acts, things, deeds, conveyances for better and further and even more perfectly granting the said premises unto and to the use of the purchaser as the purchaser shall reasonably require.

3. The purchaser doth hereby covenant with the vendor and other co-owners of the other flats or units in the said multi-storeyed building that, (a) the purchaser shall abide by the bye-laws of any Association of Apartment Owners of owners of flats or units and shall bear and pay his proportionate share in the common expenses required of him to be paid as his share of expenses as required by the Association of Apartment Owners, (b) shall use the said flat for residential purpose only, (c) the purchaser shall not do any work or bring any heavy material in the flat which would jeopardise the soundness or safety of the property or reduce the value thereof or impair any easement or add any material, tiles or structure or execute or alter any wall or put up any cellar without the unanimous consent of all other apartment-owners and the Association being first obtained.

4. The vendor hereby covenants with the purchaser that the vendor shall, unless prevented by fire or accident, from time to time and at all times hereafter at every reasonable request and at the cost of the purchaser produce or cause to be produced to the purchaser his Advocate or in any legal or other proceedings all or any deeds and writings mentioned in Schedule III hereunder for the purpose of showing the title to the said land and/or buildings and deliver to the purchaser attested copies or extracts of the said documents, drawings and writings as the purchaser may require and in the meantime keep the said documents safe, unobliterated and uncancelled.

5. It is hereby further declared and agreed that in case the said Deeds and Writings to be produced or delivered by the vendor to any other person the vendor shall thereupon enter into a covenant with that person for production and furnishing copies of the said Deed and Writings by the said person to the purchaser as and when required as aforesaid.

In witness whereof the parties herein have executed these presents on the day, month and year first above-written.

Schedule I

Schedule II

Schedule III

Signed, sealed and delivered by

Mr. ………………………………

pursuant to Board Resolution of

……………….of AB Ltd. the vendor                               

in the presence of:

1. ……………………                                                                        Signature

2. ……………………

Signed and delivered by Mr. MN

the purchaser in the presence of:

1. ……………………                                                                        Signature

2. ……………………

Signed and delivered by Mr. XY the

owner and confirming party

 in the presence of:

1. ……………………                                                                        Signature

2. ……………………

Transfer Of Apartment By Developer Deed Format

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