AGREEMENT TO SELL AND PURCHASE (BAYANA)
This Agreement to Sell is made and executed at New Delhi on Date of agreement between SH. Seller's name, S/O SH. Seller's father's name, hereinafter referred to as the FIRST PARTY / SELLER (which expression shall, unless repugnant to the context, include his heirs, successors and assigns);
AND
MS. Purchaser's name, hereinafter referred to as the SECOND PARTY / PURCHASER (which expression shall, unless repugnant to the context, include her heirs, successors and assigns).
The expressions "First Party" and "Second Party" shall, unless repugnant to the context, mean and include their respective legal heirs, successors, executors, administrators, representatives and assignees.
WHEREAS the First Party is the true, absolute and lawful owner of the built-up property bearing No. Property number, DELHI-PIN code (hereinafter referred to as "the said property");
AND WHEREAS the First Party, for his own bona fide needs and requirements, has agreed to sell the said property to the Second Party, and the Second Party has agreed to purchase the same;
AND WHEREAS the total sale consideration agreed between the parties is Rs. Total sale consideration (₹)/- (Total sale consideration in words);
AND WHEREAS out of the said total sale consideration, the Second Party has today, i.e. on Date of payment, paid to the First Party a sum of Rs. Earnest money paid today (₹)/- (Earnest money paid today in words) together with a further sum of Rs. Second payment amount (₹)/- (Second payment in words), and the First Party has already received a sum of Rs. Advance payment received in January (₹)/- (Advance payment in words) more than a month prior thereto, in the month of January Year of advance payment.
NOW THIS EARNEST MONEY RECEIPT WITNESSETH AS UNDER:
1.That Date fixed for sale deed is fixed as the final date for completion of the transaction. On or before the said date, the Second Party shall pay the balance sale consideration of Rs. Balance sale consideration (₹)/- (Balance sale consideration in words) to the First Party, and in consideration thereof, the First Party shall hand over peaceful, vacant and physical possession of the said property to the Second Party and shall also execute and register the sale deed/sale documents in respect of the said property in favour of the Second Party or his nominee/s.
2.That in the event of the First Party failing to perform his part of the contract as contemplated in clause 1 above, the Second Party shall be entitled, at his option, to receive from the First Party double the amount of the earnest money so paid. Similarly, in the event of the Second Party failing to perform his part of the contract as contemplated in clause 1 above, the entire earnest money paid by the Second Party to the First Party shall stand forfeited by the First Party, and the transaction shall come to an end. However, in the event of the Second Party being unable to obtain the loan amount of Rs. Loan amount (₹)/- (Loan amount in words) (bayana), the First Party shall refund the bayana amount of Rs. Bayana amount to be refunded (₹)/- (Bayana amount in words) to the Second Party.
3.That the First Party hereby assures the Second Party that the said property is free from all encumbrances, charges or liens, including sale, mortgage, gift, court decree, attachment, notification, litigation, stay order, disputes, acquisition proceedings, surety, security or any other registered or unregistered encumbrance. If this fact is found to be otherwise, that is to say, if the title of the First Party in respect of the said property is not found to be clear, as a result of which any part or the whole of the said property goes out of the hands of the Second Party, the First Party shall be liable and responsible to indemnify the Second Party against the loss thereby suffered by him.
4.That all previous arrears of house tax, water and electricity charges and/or all other liabilities of whatsoever nature in respect of the said property, as on the date of execution of the sale deed/sale documents, shall be paid and cleared by the First Party.
5.That the Second Party shall be fully entitled to purchase the said property in his own name or in the name of his nominee/s.
6.That all expenses on account of stamp paper and registration fees shall be borne and payable by the Second Party/Purchaser.
7.That the First Party has handed over the vacant physical possession of the premises to the Second Party and shall hand over all the previous original documents of ownership in respect of the said property to the Second Party at the time of finalisation of the transaction.
8.That this Agreement to Sell is final and irrevocable and has been signed by both parties after duly reading and understanding its contents. This Agreement shall remain binding upon both the parties and their respective legal heirs.
9.That both the parties have signed this Agreement to Sell and Purchase / Earnest Money (Bayana) Receipt in sound mind and good health, without any force, coercion or undue influence from any side.
IN WITNESS WHEREOF, THIS AGREEMENT TO SELL AND PURCHASE HAS BEEN MADE AT NEW DELHI in the presence of the following witnesses, and the parties and witnesses have signed this Agreement in sound mind and good health, without force or coercion from any side and without the influence of intoxicants.
WITNESSES:FIRST PARTY / SELLER
1.
2.
SECOND PARTY / PURCHASER