Agreement To Sell
Agreement To Sell
This Agreement to Sale is executed at New Delhi on this 20th day of July 2021
BETWEEN A, s/o B, aged about 40 years, r/o… hereinafter called the Party No.1.
AND
C, s/o D, aged about 35 years, r/o… hereinafter called the Party No.2.
The expression of the party No.1 & 2, wherever they occur in the body of this agreement shall
mean and include their respective heirs, legal representatives, successors, administrators,
executors, and assignees.
Whereas Party No.1 is the bonafide allottee/owner in possession of House No. 456, Lajpat
Nagar, out of his bonafide needs and requirements, has agreed to sell the aforesaid house for a
sum of Rs. 70,00,000 (Rupees seventy Lakhs Only-/) and Party No.2 has agreed to purchase the
said house from Party No.1.
AND WHEREAS Party No.1 admits that the said amount of Rs. 70,00,000-/ as the full and final
payment in respect of the said property. The Party No.1 has represented to party No.2 that the
said house is self acquired property of party No.1 in which his heirs successors, family members
or anyone else have no right, title, interest or concern of any nature whatsoever and as such Party
No.1 is fully competent to enter into this agreement and transfer his all the rights in favour of
Party No.2 on the terms and conditions agreed between the parties and are mentioned
hereunder:-
1. That the total and entire sale consideration amount of Rs. 70,00,000 of the house has been
received by party No.1 from Party No.2 vide separate legal receipt as per given details:
Banker Cheque No. 123456 Dated 15th day of September 2021 issued in the name of Party No.1
and is drawn on SBI Bank And on the receipt of the said amount the Party No.1 admits that
nothing remains due from Party No.2.However, all the statutory dues and expenses will be borne
by Party No.2 including the Stamp duty on the registration of Conveyance Deed. Party No.1 will
hand over the vacant possession of the aforesaid flat to Party No.2.immediately thereafter.
2. That Party No.1 assures Party No.2 that the aforesaid house is free from all sorts of
encumbrances such as prior sale, gifts, mortgage, litigation, disputes, stay orders, attachments,
notifications, acquisitions, charges, liens, sureties, securities, HUF, Benami, ownership or any
other registered or unregistered encumbrances and if this fact is found otherwise as a result of
which a part or whole of the aforesaid house goes out from the hands of Party No.2 then Party
No.1 will indemnify the loss thus suffered by Party No.2
3. That party No.1 has undertaken and agreed not to create any disputes or encumbrances in
respect of possession or ownership of the said house in future.
4. That Party No.1 has also executed an irrevocable General Power of Attorney and Special
Attorneys in respect of the said house in favour of Party No.2 and all these attorney Deeds shall
remain irrevocable in future, Party No.1 has also executed various other court documents in
favour of Party No.2 and all these documents namely, Will, Receipt, Indemnity Bond etc. shall
also remain irrevocable under all circumstances.
5. That Party No.1 admits its liability that in case of any encumbrances or in case the allotment
gets cancelled then Party No.1 admits its liability to pay the amount of Rs. 5,00,000-/ apart from
interest and damages to Party No.2 and also apart from the refund of the amount of Rs.
70,00,000-/ being paid under this agreement to sale.
6. That the Party No.1 has agreed to communicate the Party No.2, the necessary requirements
required to be compiled for execution and Registration of conveyance Deed as well as handing
over the possession etc.
7. That Party No.1 will have no objection if Party No.2 transfer all rights vested in him vide this
Agreement to anyone else or gets the sale effected in his name or in the name of his nominee.
8. That Party No.1 shall not violate any of the terms and conditions of this agreement in future
failing which Party No.2 will have a right to enforce this agreement through a competent court
by a suit for specific performance or otherwise at the costs, risks and consequences of Party
No.1.
9. That the Party No.1 admits that he has been left with no rights, titles, interest or concern of
any nature whatever in the aforesaid house.
10. That in fact after receiving the entire sale consideration of Rs. 70,00,000-/ from Party No.2
and after Party No.2 has paid/deposited the entire balance consideration amount the Party No.2
has not to do any other act except the same if conveyed by the Party No.1 as such Party No.2
shall be entitled to get the conveyance Deed executed either from Party No.1 or if permissible at
any point of time and period of limitation shall not be applicable in the transaction.
11. That the Party No.1 admits that this agreement to sale shall remain irrevocable and Party
No.1 shall not revoke or cancel the same in future in any circumstances.
IN WITNESS WHEREOF both the parties have signed this agreement in the presence of the
following witnesses:
WITNESSES:
THIS AGREEMENT FOR SALE is made at New Delhi on this 25 th day of October 2021
between A, s/o B, r/o… (hereinafter called the first Party)
AND
The expression of the First and Second Party shall mean and include unless repugnant to the
context be deemed to include their representatives, heirs, successors, legal representatives,
administrators, nominees and assigns etc.
IN RESPECT OF
WHEREAS the First Party is the sole and lawful owner, lessee, allottee and in possession of
house number 456, Lajpat Nagar.
AND WHEREAS the aforesaid property is self-acquired property of the First Party wherein his
predecessors, heirs, successors, family members or any other person whosoever have no right,
title or interest and as such the First Party is fully competent and has full and unfettered power to
transfer/sell/lease/mortgage the said property and to execute this agreement for sale.
AND WHEREAS the First Party for his lawful needs and requirements has agreed to sell and
Second Party has agreed to purchase the said property with full lease hold rights of the land
underneath the said property with all sanitary and civil fittings, fixtures, with all rights and t itles
of the same for a sum of Rs. 50,00,000-/.
AND WHEREAS the First Party has paid the entire amount/purchase price for the aforesaid
property as the cost of land to the Delhi development Authority (DDA for short) and cost of
construction to the society/local authority and that no sum/payment or any other demand is due
against the said property or against the First Party in any manner whatsoever pertaining to the
said property.
AND WHEREAS total consideration payable is a sum of Rs. 50,00,000-/ and the same has been
received by the First Party from the Second Party by way of cheque no 123456 dated 20 th Day of
October 2021 drawn on SBI, Lajpat Nagar the time of signing of this agreement and the receipt
of the same, the First Party hereby admits and acknowledges before the Sub Registrar, Delhi
with a valid legal separate receipt.
1. That the first Party in consideration of having received full and final payment of the sale
price of Rs. 50,00,000-/ of the said property from the Second Party, has handed over to
the second Party following original documents at the time of signing of this Agreement
and that all such documents will continue to remain with the Second Party.
2. That the Second Party on behalf of the First Party or otherwise shall apply to the DDA
for the transfer/conversion of the said property in favour of the Second Party and shall
obtain all the necessary permission/approvals subject to the purchaser paying the
unearned increase if any payable to the DA
DA on account of such transfer/conversion which shall be in addition to the aforesaid
agreed said consideration and hence the First Party will execute proper Sale Deed for
conveying the said property in favour of the Second Party or his nominee within a period
of one month from the date of grant of sale permission/approval and get the same duly
registered in the office of Sub Registrar, Delhi.
3. That the Second Party shall pay such dues relating to house tax, bills or demands of the
concerned authorities as may accrue from the date of agreement. The First Party agrees to
settle or pay all other dues relating to house tax or demands of the concerned authorities
pertaining to the said property until the said date.
4. That the First Party shall obtain all the necessary permissions and approvals to complete
the transaction.
5. That in case the aforesaid property is not transferred or conveyed in freehold from
leasehold/ registered in favour of the Second Party, the First Party shall be responsible
and further fully co-operate with the Second Party to complete all such formalities and
documentation that may be required by the Second Party.
6. That the First Party has also executed a General Power of Attorney and Special Power of
Attorney of the Second Party and the said document shall not be revoked or cancelled by
the First Party under any circumstances whatsoever.
7. That the Second Party shall have full rights and privileged to transfer or sell or mortgage
or otherwise pledge or otherwise create change, lien on the property to raise funds or
transfer the said property to any other person whatsoever and in any manner whatsoever
and the First Party shall be responsible and shall co-operate in execution of fresh
documents in favour of the intending purchaser or mortgagee/transferee or to any other
person/bank/institution/society as the second Party may desire to see/transfer the said
property and the First Party shall not demand any fresh compensation or payment
whatsoever from the Second Party.
8. That till this date, no lease deed/sub lease has been executed, by the DDA and if such
documents have to be executed, the Second Party shall get it registered or executed, on
behalf of the First Party or otherwise on its own and First Party shall be responsible to
sign all such necessary documents or fill up proforma or make applications as may be
required in accordance with the rules and regulations applicable at that time and the First
Party shall be responsible and shall cooperate with the Second Party in obtaining
necessary approvals for the execution of the said documents.
9. That in case the First Party does not perform its part of the contract the second Party shall
be entitled to enforce this contract by way of specific performance before the appropriate
court at the risk and cost of the First Party without prejudice to the Second Party’s rights
to seek other compensation/remedies.
10. That it has been agreed upon between the parties that the First Party shall keep the
Second Party indemnified and free from all losses/damages which may be suffered,
incurred, undergone and/or sustained by the Second Party by reason of any defect in the
title of the property.
11. That the First Party undertakes to introduce the Second Party to the said society at the
time of handing over the complete and peaceful possession of the said property including
the said parking space and obtain a new identity card in favour of the Second Party, the
second Party being the purchaser being the purchaser and occupant of the said property.
12. That the First Party shall give necessary intimation to the office bearers of the said
property and sale thereof to the Second Party and a copy of the said letter signed by the
First Party will be given to the Second Party at the time of signing of this agreement.
13. That the First Party shall make the application or sign such papers to be submitted to
Delhi Vidyut Board (DVB) for installation of electricity connection/power meter in the
said property.
14. That any property tax, lease money and all other dues and demands, arrears etc., relating
to the said property prior to the date of this agreement shall be paid by the First Party to
authorities concerned and thereafter shall be paid by the Second Party.
15. That the First Party assures the Second Party that the said property is absolutely free from
all kinds of encumbrances such as sale, mortgage, lien, charge, gift and if it is so proved
or found otherwise, then the First Party shall be liable and responsible to indemnify the
Second Party for losses or damages or costs as may be incurred/suffered or borne by the
Second Party on such account.
16. That in the event of any dispute between the parties on any manner relating to the
allocation and transfer of the aforesaid property including the land underneath the
property and the said parking lot thereto allotted against the membership be referred to
the sole Arbitrator to be appointed mutually by the First Party and the award of the
Arbitrator shall be binding on both the parties hereto.
IN WITNESS WHEREOF both the parties have subscribed their respective hands on
these presents on the place, date, month and year first above mentioned in the presence of
the following witnesses:
WITNESSES First Party
1. Second Party
2.