AGREEMENT TO SELL PLOT
This deed of Agreement to sell is executed at _____ on this _____ day of_____ Between:-
_____SON OF _____ AND _____ SON OF _____ BOTH RESIDENT OF _____
THROUGH GPA _____ OF _____ R/O _____ ( hereinafter called the VENDOR ) of the first part.
_____ SON OF _____ RESIDENT OF _____ (hereinafter called the PURCHASER) of the Second part.
WHEREAS the First Party is the absolute and undisputed owner of Property/ Plot No. _____, area measuring _____ Sq. yards, _____ vide registered sale deed document no. __________, dated __________, registered in the office of Sub Registrar ____________
AND WHEREAS the First Party has agreed to sell the _____ to the Second Party and the Second Party has agreed to purchase the same for a total sale consideration of ___________/- (_____ only) On the following terms and conditions :-
NOW THIS AGREEMENT WITNESSETH AS UNDER :-
1. That the Second party has paid a sum of _____ (_____ only) as an earnest money/part payment out of total sale consideration of _____ in cash/Cheque/ D.D. No. _____ dated _____ drawn on _____to the first party, the receipt of which first party hereby acknowledges and the balance of Rs. ___________ will be received at the time of execution and registration of Sale Deed of the said property/Plot by the first party from the second party.
2. That the time is the essence of the contract, the last date of execution of sale deed is agreed between the parties on or before ______________.
3. That if the first party fails to execute and get sale deed registered in favour of the second party or his/her nominee as the case may be on or before the above stipulated date on receipt of balance sale consideration as per terms of this agreement specifically enforced through court of law at the sole risk cost and expenses of first party vendor and the first party shall also be liable to pay to the second party the liquidated damages.
4. The second party has a right to get the sale deed of the said property executed and registered in favour of any person(s) for which the first party shall have no objection. However all the expenses of the sale Deed shall be borne by the purchaser.
5. The vendor shall hand over all the concerned documents, title deeds, and other revenue records and receipt etc. of the said property to the purchaser-Second Party along with the actual Physical and vacant possession, at the time of execution and registration of the sale Deed.
6. That the First Party –Vendor has assured the Second Party purchaser that the property agreed to be sold to the second party by virtue of this agreement is free from all sorts of encumbrances mortgage, gift, sale, lien, attachment, pledge, hypothecation, prior agreement (s) lease, court decree(s), injunction(s) , acquisition (s) requisition(s) etc. and if any defect is found in the title of first party in respect of the said property at a later stage first party shall be responsible exclusively for all costs, expenses, damages of the second party which the second party can recover from the person and other properties of the first party by attachment and sale of the same in open auction.
7. That the seller will take the Transfer permission letter/NOC from the concerned authority, in respect of above said property in favour of purchaser/vendee, and the seller shall pay all the dues, charges, taxes, etc. regarding the above said property in the concerned department/ Authority.
IN WITNESS WHEREOF the parties have put and subscribed their hands and signatures on this agreement after having gone through the terms and conditions of the same in token of its correctness, on the day, month and year herein before written in presence of the following :-