THIS DEED OF AGREEMENT TO SELL IS EXECUTED ON THIS ____ DAY OF ____ at _____ between _____ S/o, D/o _____ resident of _____ (hereinafter called the First Party) and _____ Son of _____ resident of _____ (hereinafter called the second party).
The expressions the first party and the second party shall mean and include their respective heirs, successors, respectively.
Whereas the first party is the actual owner and in possession of _____ SHARE (__ Kanal __ marla) IN _____ LAND BEARING –
Situated in the revenue estate of _____, vide _____
Whereas the first party has agreed to sell his share in the above said land to the second party at the rate of _____/- (_____ only) per acre) or at the total cost of land _____ (_____ only approx.) on the following terms and conditions as under :-
1. That the first party has received _____/- (_____only) vide pay order No. _____, dated _____, issued by _____, _____, as an Earnest money from the second party and the second party is holding saving/current account No. _____, with _____, And the balance amount of the said land shall be paid by the second party to the first party at the time of registration of sale deed of the said land before the sub registrar or concerned authority in favour of the second party or his nominee/nominees.
2. That the first party doth hereby undertake to get the sale deed relating to the said land registered in favour of the second party or his/her nominees ,on or before _____.
3. That in case the second party fails to pay and get the sale deed registered on or before _____ then the earnest money paid shall stand forfeited in favour of the first party.
4. That in case the first party fails to get the registration of sale deed of the said land in favour of the second party within the specific period for any reason, then the second party shall have the right to get the sale deed registered in his favour through specific performance of contract by court of law at the cost and expenses of the first party.
5. That the second party has satisfied himself about the title of the first party, location of the land, measurement of the land, and its location as well as its market value and after executing this agreement the first party will not enter into agreement to sell the above said land with any other buyer upto _____.
6. That the standing _____ and its proceeds shall belong to the first party exclusively.
7. That the second party shall obtain all the necessary permission if so required and give his _____ and Ward where he is assessed.
8. That all the expenses of the Sale deed i.e. Registration charges, stamp duty or other Misc. expenses shall be borne and paid by the _____ party.
9. That the first party doth hereby assures the second party that the said land under sale is free from all sorts of encumbrances such as sale, mortgage, lease, gift, etc. and there is no legal defect in the title of the first party and if proved otherwise then the first party shall be liable to indemnify the loss of the second party.
10. That the first party shall give the vacant peaceful physical possession of the said property to the second party at the time of registration of sale deed. All the outstanding dues such as of electricity, etc. against the said land shall be cleared/paid by the first party up to the date of registration of sale deed.
11. That this transaction of sale has been put through _____ of _____.
In witness whereof the first party and the second party have signed this deed on the day, month and year first above written in the presence of the following witnesses.