This sale and purchase agreement is executed at —————– on this _____________ by ——————————–, hereinafter called the Vendor,
IN FAVOUR OF
Mr/Mrs———————————————————————–, hereinafter called the Vendee.
The expression Vendor and Vendee shall means and include their heirs, successors, executors, administrators and assigns of the respective parties.
Whereas the Vendor is the bonafide owner of the property described below with all rights and title and has absolute right to sale, alienate the aforesaid property to the Vendee.
Description of the property:
i) Area
ii) Floors
iii) Location
iv) Facilities and amenities
Whereas the Vendor has agreed to sale the aforesaid property to the vendee for her bonafide needs and requirements with fittings and fixtures and the Vendee has agreed to purchase the same for a sum of Rs.————————————————————————–.
NOW THIS SALE AND PURCHASE AGREEMENT WITNESSETH AS UNDER
That the consideration amount of mentioned above stands already paid to the vendor as full and final settlement as stated above prior to execution of this sale and purchase agreement, vendor do here by acknowledges the receipt of the same and the vendor do here by sell, conveyed, transfer and assigns all his rights, title and interest of the above said property under sale unto the vendee.
1. That the vendor hereby assure and declared that he is the conveyance deed holder and is the sole, absolute, exclusive and rightful owner of the aforesaid property under sale alongwith freehold rights of the land underneath and he is fully competent and has full rights and power to sale and transfer the same.
2. The vendor hereby absolutely assigns, conveys and transfers to the Vendee all her rights of ownership, titles and all interests in the above mentioned property under sale hereby conveyed under this sale and purchase agreement.
3. The vacant and peaceful possession of the above mentioned property under sale has already been given to the Vendee by the Vendor, who has occupied the same.
4. The Vendee shall hereinafter hold use, enjoy as he/she likes and to sell, mortgage, lien, let-out or make additions/alterations or renovations in the same as her own property without any hindrance, claim or demand whatsoever from the vendor.
5. That the Vendor hereby assures the vendee and declares that he is the sole, absolute, exclusive and rightful owner of the above mentioned property under sale, and is fully competent and has full power, absolute authority and unrestricted rights to sell and transfer the same, and the same is free from all sorts of encumbrances, burden, sale, mortgage, gift, lien, decree, charges, court injunction orders, stay orders, liability, transfer, attachment, litigation, legal flaws, dispute, notices, surety, security, notifications, acquisition etc. and there is no legal defect in the title of the Vendor. If it is proved otherwise, the Vendor and the property both moveable and immoveable shall be liable to indemnify the vendee in full or part to the extent of loss sustained by the vendee at the prevalent market value of the said property at that time with all cost, expenses and damages, etc. and the vendee shall have full rights to recover the same, alongwith the cost and expenses of additions, alterations, renovations, modifications, etc. through the court of law.
6. That the Vendee can get the above mentioned property under sale mutated and transferred in his/ her own name on the basis of this sale and purchase agreement with the concerned government department.
7. That all dues such as house tax, electric and water bills, etc. outstanding, if any, in respect of the above mentioned property under sale, shall be paid and borne by the Vendor upto the date of execution/registration of this sale and purchase agreement and later on by the Vendee.
8. The Vendee has spent all cost of stamp papers and registration fee, etc. for the present sale and purchase agreement.
9. The Vendor has handed over all the Original documents establishing the chain of title of the said property.
10. That the Vendee is fully empowered to transfer or get the fresh electric and water connections in respect of the above mentioned property under sale in his/her own name after the execution/registration of this sale deed from the respective departments at his/her own cost and expenses.
12. The Vendee shall maintain the above mentioned property under sale at her own cost and expenses.
14. That the Vendor, her heirs, successors, executors, administrators, legal representatives and assignees have been left with no rights, titles or interests in the said property and the Vendee has become its absolute owner.
In Witness Whereof this sale and purchase agreement is executed at———————– on the day, month and year above written.
WITNESSES
1. VENDOR
2. VENDEE
Format for Welfare Charitable Trust-NGO in West Bengal and Kolkata
This Trust Deed is made and executed at ——————, on this —————————–, between Mr. ——————————————————————————–, hereinafter called the SETTLER/CHAIRMAN.
AND
Mr.——————————————————————————————–, hereinafter called the TRUSTEE (Managing Trusty).
(Provide all details of the proposed trustees and adopt the format for welfare-charitable trust-NGO)
The expression ‘The Settler/Chairman’ The Trustees ‘shall unless excluded by the repugnant to the subject or context, be deemed to include their legal heirs, successors, legal representatives, Administrators and assigns.
WHEREAS The said Settler /Chairman is desirous of creating and forming of an endowment by setting apart and establishing a fund for the General Public, religious and charitable objects and purpose in India and abroad , hereinafter expressed and the above mentioned all trustees have at the request of the said settler/chairman agreed to act as trustees of the said trust.
AND WHEREAS, In order to effectuate the said object of forming, creating and establishing a public charitable Trust the said Settler has delivered and made over to the Trustees a sum of Rs————————————————–with intent to part with all rights, title and interest claim therein and vest the same in the Trustees to have and hold the same and investment or investment for the time being representing the same and also the aforesaid trustees herein were cherishing the laudable idea of funding a trust for charitable purpose and in the pursuance of the above objects and uses hereinafter expressed with the powers, and on the terms and conditions and provision contained of and concerning the same :-
NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESS AS UNDER:
The main features and shape of the Present establishing Trust shall be as under NAME OF THE TRUST:
The name of the Trust shall be ——————————————————
HEAD OFFICE—————————————————————————–
The head office of the said trust shall be situated at ———————————
( Modify the format for welfare-charitable trust-NGO accordingly)
TRUST DEED:
The amount contributed by the founder/settler & Trustees shall and will stand possessed the same upon the trust and also the trustees may from time to time receive for augmenting the trust funds as donations, gifts, interests, loans to capital deposit amount of Rs.10,000/-(Rupees ten thousand only)etc. for the General public and General Purpose of the trust fund of the trust arising from the subscriptions, donations, grants, or otherwise from any sources and also of any investment etc. representing the same, (HEREINAFTER CALLED ‘THE TRUSTEE’)
Furthermore the net income from the said trust fund, to apply both the capital and income of the said trust fund for the purpose and betterment of the aims and objects only of the said trust.
TRUST PROPERTIES:
The Trustees shall stand and possessed of the said amount of corpus and such other properties, both movable and immovable as may be acquired from time to time by the Trust, viz. by purchase, exchange, grants subscriptions, or the endowment donations gifts, contribution or in any manner whatsoever all of which shall be designated ‘THE TRUST PROPERTIES’ of the Trust herein mentioned above.
EXECUTIVE BOARD OF TRUSTEES:
That all the trustees of the said trust shall be called ‘THE EXECUTIVE BOARD OF TRUSTEES’ LIFE MEMBER:
The above mentioned three trustees of the said trust shall be called ‘THE LIFE MEMBER TRUSTEE’.
FOUNDER MEMBERS:
The above-said settler/chairman/founder of this Trust and all the said Trustees i.e. shall be called ‘THE FOUNDER OF THE SAID TRUST’
THE MANAGING TRUSTEE:
The trustee No.1 shall be the Managing Trustee of the said trust. After her, the remaining trustees, for the time being, shall elect one of themselves as the Managing Trustee. It shall, however, be opened that the Managing Trustees shall be elected by 2/3rd majority of the said Board of Trustee of the said Trust, in the General Meeting of the Board.
WHO MAY BE APPOINTED AS TRUSTEE:
Any person may be appointed as Trustee or trustees of the said Trust appointed by the majority of 2/3rd of the present Trustees and with the consent of the Settler/Chairman.
THE MINUTES BOOK:
It shall be kept by the managing trustee Minutes Book is an office book in which the presence of every trustee and all proceedings of the meeting of the Board of trustees shall be recorded in the minutes book and shall be signed by Chairman of the meeting either at the conclusion thereof or at the next meeting when it they shall be confirmed.
BANK ACCOUNT:
The Trustees shall have to deposit the trust money or any portion thereof in any nationalized Bank, such account can be operated jointly by the signatures of Chairman/Managing Trustee and any other trustees, who hold the office of Cashier/Treasurer of the said trust.
BOOK OF ACCOUNT:
A proper and regular account of all accounts, receipts and expenditure of the said trust shall be maintained regularly.
AUDIT:
On 31st day of March of every year General Account shall be taken of all the assets and liabilities of the trust and an income & expenditure account for the whole year and a balance sheet as on 31st day of March shall be passed by the
Trustees. The accounts of the trust shall be audited annually by a chartered Accountant appointed by the Trustees for the purpose.
DISSOLUTION OF THE TRUST:
That the above said Trust shall be dissolved at any time by 2/3rd majority of the present trustees but no profit shall be used by any trustee or settler of the said Trust. The Trust fund, properties either movable and immovable shall be spent only for the welfare of the poor and General public or to other Trust/society having similar aims and objects.
JURISDICTION OF THE COURT:
Only the competent courts of Delhi shall entertain all the legal proceedings, cases and suits related to the said Trust.
THE AIMS AND OBJECTS OF THE SAID TRUST:
Suggestive only as per the Format for welfare-charitable trust-NGO
1. To promote welfare, social-cultural, charitable, health education, humanitarian, and relief activities that will protect, safeguard, improve the quality and raise the standard of human life, particularly economically weaker sections of the society, irrespective of caste creed, race colour, sex or religion so that they may lead healthy, happy contented and dignified life.
2. To help and collaborate in establishing and running medical centers, old age homes, Ashrams, rehabilitation, institutions for the destitute, vocational training centers for the handicapped and self job-oriented activities for the unemployed.
3. To offer scholarships, stipends and financial support to deserving students in pursuing higher studies in medicine Art, science, Engineering and computer technology.
4. To undertake and support any program or projects that provide educational, recreational, social cultural and spiritual activities with the sole purpose of promoting peace, love, tolerance and national integration among the various communities of the country and Nationalities of the world.
5. Sponsorship of economically weak persons for institutional care.
6. Collaboration with other voluntary organizations to accomplish the above objects.
7. Affiliation with other national and international organizations engaged in welfare, health education, National integration, and peace-promotion activities.
8. Regular dialogue and rapport with central, State Government and N.G.O’s to elicit support and cooperation in fulfilling the aims and objects of the organization (Charitable Trust ).
9. To acquire immovable and movable properties by purchase lease, mortgage, gifts, grants, legacy, bequest, exchange, right privilege from any person/s, company, society, Government cooperative bodies or institutions whatsoever and to hold movable and immovable properties lawfully held of all descriptions.
10. To erect/build residential complexes, hostels, hospitals and any other type of building or structures whatsoever, to further any objects of the Charitable Trust and to maintain, manage, control, improve, alter, repairs, demolish or reconstruct the same or any portion or portions thereof.
11. To receive by way of gift, whether in cash money or property movable or immovable, donations and contributions in any legal form, including legacy, behest, wills, trusteeship, etc, for the benefit of the Charitable Trust.
12. To alienate by way of sale, mortgage, lease, charge transfer all or any part of the property of the Charitable Trust.
13. To invest and reinvest any funds or money of the Charitable Trust in the interest of the beneficiaries of the Trust.
14. To execute such agreements, conveyances, transfers, leases license, mortgages, documents, etc. as may be deemed necessary to carry out the objects of the Charitable Trust.
15. To borrow and or raise any funds with or without security in any manner the charitable trust may think to repay the same.
16. To negotiate with or enter into arrangements with different authorities, bodies, industrial houses for grants, allowances, rights, concessions, and privileges, etc. that may be beneficial to the charitable trust beneficiaries.
17. To use all the income from the properties movable or immovable or from the earning of the Charitable Trust as such whose soever derived from, solely for the advancement of the objects. And that no portion of it be distributed or disbursed among the Trustees by way of profits, bonuses or dividends. However, nothing herein contained shall prevent the payment in good faith in the shape of remuneration or reimbursement to any Trustee for any services rendered to the charitable trust or expenses incurred thereto.
18. To appoint or to remove staff of different graces, prescribe their duties, assignments, service conditions and to fix their wages, remunerations, and perquisites, etc.
19. To perform all acts as are incidental and conducive to the attainment of all or any of the objects of the Charitable Trust.
20. The income and earnings of the charitable trust shall be utilized to attain the aims and objects of the organization as desired by the Trustees of Charitable Trust.
21. To undertake ad promote human resources in the field of social work and in other science relating to social action for world peace.
22. To undertake and maintain and assist any relief measures in those parts which become subject to natural calamities such as flood, fire, drought famine, cyclone, earth-quake epidemics, storm, accidents, pestilence, etc.
23. To give, provide and/or render, help and assistance to a and/or implement any scheme for providing livelihood and upliftment of the poor.
POWERS, FUNCTIONS, RIGHTS, AND DUTIES OF THE TRUSTEES:
( Adopted from the Format for welfare-charitable trust-NGO)
The powers, functions, rights, and duties of the above said trustees shall be as under:
1. Without affecting the generality of powers and duties and functions of the trustees to manage and administer the trust. The Board of Trustees shall have the following functions:
i) To borrow if needed be against the security or the assets of the trust by way or bank overdrafts loan or otherwise, as may be necessary, for the benefits of the trusts provided, however, the trustees unanimously agreed on such borrowing and limits to the terms of this decision or agreement and or authorize two or more of the trustees to execute such documents, deed, papers., etc. and as may be necessary in connection the Trust.
ii) To arrange for and/or authorize the signing or execution of any agreement, contract, installment, document or any other paper in writing require to be signed or executed on behalf of the trustees by any two of the trustees to be nominated in this behalf by the Board of Trustees & with the consent of the settler and to make the same effective and binding as if the agreement of contracts instrument or documents or papers or writing were signed by all the trustees.
iii) To appoint or make provision for the appointment of a sub Committee of Trustees and/or others to attend or to supervise or conduct specified jobs or functions of the trust matters in such manners and subject to such Rules and Regulations as The Trustees may be prescribed.
iv) To authorize any one or more Trustees to hold any property or any fund or any investment of the Trust subject, however, to the terms of these presents in such manners and subject to such terms and conditions, Rules and Regulations as the Board of Trustees may from time to time make as they think fit and proper.
v) To spend any portion of the corpus fund or the income of the trust for purchasing any land or construction any or building for the Trust.
2. Trustees shall have full powers to determine the programs of the Trust by organizing, suggesting, or by adopting or rejecting the proposals from the public and may delegate any of the powers of professionals or administrative staff whose reports of and activities shall be arranged to be received periodically to control and to give guidance in this regard thereto.
3. The Trustees shall have powers from time to time to make and alter or amend the Rules and Regulations if needed, with the consent of the settler, so made this regard of which any power or duty is vested in them, as they may think fit and proper.
4. The Trustee may appoint advocates, secretaries, Engineers, Surveyors, or other employees for the purpose of management and supervision of the Trust estate, funds for the collection of rents, effects, and profits, for keeping the account and records and for other purposes of the Trustee.
5. The Trustees shall have full power to compromise or compound all actions, suits, and other proceedings and settle difference and disputes touching the trust estate(s)and /or the trust properties and to refer any such differences, disputes to arbitration and to adjust and settle all accounts relating to the trust estate and/or the trust properties and to do all other acts and things fully and effectually without being liable or answerable for any bonafide losses occasioned thereby.
6. The veto of the majority of the members shall prevail and in the event of tie, the chairman of the meeting shall have the power of casting of his/her vote.
7. Any Resolution passed by the 2/3rd majority of the present trustees, with the consent of the settler for the benefits and the same shall prevail and applicable to the members.
8. A person shall cease to be trustee, in case, if he/she dies or if becomes bankrupts or becomes in same or otherwise incapable to act or if any trustee or trustees resigns from his/her/their, or removed by the Board of Trustees with the consent of the said settler, by 2/3rd majority, shall be removed from his/her office.
9. If anyone or more of the objects specified herein these presents are held not to be objects of a public charitable nature the trustees shall not carry out such objects or object as if the same are not incorporated in these present but the validity of the trust created by these presents as a trust shall not be affected in any manner.
NO PERSON BEING:
i) An un-discharged ,insolvent or
ii) Convicted of an offence involving moral turpitude, or
iii) Of unsound mind, or
iv) A minor.
SHALL BE ELIGIBLE TO BE A TRUSTEE:
That any intellectual person or persons or professional individual may be appointed and elected as trustee of the said Executive Board or Trustees by way of special consideration either by money, work or eligibility by 2/3rd majority of the present trustee of the said Board.
IN WITNESSES WHEREOF the above said Settler/Trustees have signed this Deed of Trust in the presence of the following witnesses:
WITNESS:
1.
2.
SETTLER
Agreement between Builder and a Broker for Selling Flats to be Constructed
THIS AGREEMENT made at ……………… on this …………… day of …………………, 2000, between ABC Construction Co. Ltd., a company incorporated under the Companies Act, 2013 and having its registered office at ………………….. hereinafter called ‘the Builder” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART; and Shri XYZ son of Late Shri………………………. resident of …………………… hereinafter called “the Broker” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the
Other Part
Where as The builder is constructing residential flats at …………….. more particularly described in the Schedule hereunder written; and wants to sell those flats and for the said purpose the services of the brokers are required, and
Whereas the broker has approached the builder and expressed his consent to act as broker for the sale of the flats on the terms and conditions mutually agreed upon.
Now This Agreement Witnesses As Follows:
1. The builder appoints the broker for selling the flats being constructed by him, more particularly described in the Schedule hereunder written at the price and on the terms and conditions laid down in Annexure 1 to this agreement
2. The broker will be entitled to the commission at the rate of 5 per cent on the cost of the flats booked by him.
3. The builder hereby represents and warrants that he is having clear and marketable title to the flats, free from any encumbrance, charge, lien, mortgage or attachment. The builder also represents and warrants that the material used in the flats is of best quality.
4. The builder hereby gives the period of six- months hereof for the sale of the flats described in the Schedule hereunder written and he shall not be authorised to sell the flats after the period of six months.
In Witness Where of the parties have set their respective hands to these presents on the date, month and year hereinabove written.
Schedule
Annexure 1
Signed and delivered by ABC Construction Co. Ltd. through the hands of Shri…………………………
Managing Director
Signed and delivered by XYZ
WITNESSES;
1.
2.
Agreement between an Owner and an Architect for Construction of a Building in West Bengal and Kolkata
This agreement made at ……… on this ……. day of…….. 2000 and ………. between A, son of Shri X residing at ………. (hereinafter called “the Employer” which expression, unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, administrators, executors, legal representatives, successors and assigns) of the ONE PART and Shri……….. ……… carrying on business in the partnership name and style of M/s ……… , having their place of work at ………. (hereinafter called “the architects” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include every partner for the time being of the said firm, the survivor or survivors of the legal representatives, administrators and assigns of the last survivor) of the OTHER PART.
where as the employer is desirous of constructing a building for his residence at ……..……….
and Whereas the employer is desirous of appointing the architects as architects for the said building (hereinafter referred to as the “said works”) and Where as the architects have accepted the said appointment on the terms and conditions hereinafter contained.
Now, therefore, it is hereby agreed by and between the parties hereto as follows:-
1. The employer appoints M/s………… Architects, as architects for the said works.
2. The architects shall render the following services in connection with and in regard to the said works:-
a. Preparation of sketch designs (including carrying out necessary revisions till the sketch designs are finally approved by the employer), making approximate estimates to enable the employer to take a decision on the sketch designs;
b. Submission of the site plans and other drawings to the municipal corporation ……….. and obtaining its approval;
c. Preparation of architectural working drawings, making structural calculations and preparing all structural, mechanical, sanitary, plumbing, drainage, electrical drawings, specifications, detailed estimates of cost or such other particulars as may be necessary for the preparation of bills of quantities;
d. Preparation of landscapes and planting drawings;
e. Preparation of six copies of the contract documents including all drawings, specifications, bill of quantities, or other particulars and such further details and drawings, as are necessary for the proper execution of the works; (f)Supervision and inspection of the said works by the general contractor, sub-contractor, consultant, etc. that may be engaged from time to time by visiting the site periodically;
f. To check measurements of works at site, checking contractor’s bills, issuing periodical certificates for payment and passing and certifying accounts, so as to enable the employer to make payments to the contractors and making adjustment of all accounts between the contractors and the employer;
g. Submission of detailed account of the steel, cement and any such other material as the employer may specify, and certify the quantities utilised in the works;
h. Obtaining of building completion certificate and securing permission of Municipal Corporation or other authority for the occupation of the building and obtaining refund of deposits, if any, made by the employer to the Municipal Corporation or other authority;
i. Any other service connected with the said works usually and normally rendered by architects and not referred to in any of the items referred to above.
3. The architects shall submit to the employer the sketch plans, tender documents, etc. within the period stipulated in the Schedule hereto annexed.
4. The architects shall exercise all reasonable skill, care and diligence in the discharge of duties hereby covenanted to be performed by them and shall exercise such general superintendence and inspection in regard to the said works as may be necessary to ensure that the work is being executed in accordance with the working drawings and specifications aforesaid and that the work is free from defects and deficiencies. The architects shall be fully responsible for the structural soundness of the works.
5. The construction cost shall not exceed Rs. ……….. per square meter and should conform to the norms of ……… The construction cost shall not include:-
a. cost of land;
b. architects fees;
c. any services relating to fitting or fixtures not designed by the architects; and
d. soil testing fees.
6. The architects shall not make any deviation, alteration, addition or omission from the approved drawings without the prior written consent of the employer.
7. The architects shall on the completion of the work supply to the employer at their expenses two copies of one-eighth scale drawings (one of which shall be in tracing cloth); two complete sets of structural drawings and two sets of drawings sufficient to show the main lines of drainage, electrical installation and other essential services.
8. The architects shall arrange for taking trial bores, test pits, or other preliminary tests required to be carried out before the commencement of the said works and submit their report to the employer. The cost of carrying out such tests shall be borne by the employer.
9. The architects shall prepare a comprehensive program of work in consultation with the contractors, and arrange to have the work completed in an expeditious manner and in accordance with the program drawn up.
10. The architects shall, at their own expenses engage a qualified (i) Electrical Engineer; and (ii) Sanitary, Drainage and Water Supply Consultant with the qualifications and experience approved by the employer to assist them in their work.
11. Either party may terminate this agreement at any time by giving a written notice of two months to the other party. Even after the termination of their employment, the architects shall remain liable and be responsible for due certification/approval of any bills submitted by the contractors at any time, in respect of the work, executed before the termination of the architect’s appointment; but shall not be entitled to additional remuneration therefor. If the architects shall close their business or die or become incapacitated from acting as such architects, then the Agreement shall stand terminated. If the architects fail to adhere to the time Schedule stipulated in the Schedule hereto annexed or the extended time which may be granted by the employer in its sole discretion, or in case there is any change in the constitution of the firm of the architects for any reason whatsoever, the employer shall be entitled to terminate this agreement and entrust the work to some other architect.
12. The employer or the architects shall not assign, sublet or transfer their interest in this agreement without the written consent of the other.
13. The employer shall pay to the architects as remuneration for the services to be rendered by the architects in relation to the said works, and in particular for the services hereinbefore mentioned, a fee calculated at the rate of 3% on the value of the works as estimated (including the authorised extra) or the value of the works actually executed and completed whichever is less.
14. The employer shall pay fees to the architects in stages as follows:-
a. 10% of the total fees, payable after completion and approval of the site plans by the employer;
b. 30% of the total fees [less any amounts paid under clause (a) above], payable after completion of all drawings and the approval of site plan by the Municipal Corporation or other authorities;
c. 10% on completion of detailed estimates, submission or recommendations on the contractor’s rate to the employer, and execution of the contract documents for the various trades. The employer may make part payments in proportion to the services completed in respect of particular trades;
d. Out of the remaining 50% of the total fees, 30% of the total fees shall be paid by installments as the building work proceeds, and in proportion to the value of the said works as certified from time to time and balance 10% after final completion of the building and closing of accounts;
e. In case this agreement is terminated earlier, fees shall be paid to the architects for the actual services rendered as per stages referred to in this clause.
15. If the architects fail to observe the time schedule, they shall be liable to pay to the employer-liquidated damages at the rate of Rs. ……… per day till the work remains incomplete. The employer shall be entitled to recover the said liquidated damages from any sum payable to the architects under this agreement.
16. Notwithstanding anything contained hereinabove, it shall always be open to the employer to exclude from the scope of the services to be rendered by the architects under these presents the supervision and execution part of the project and reduce the scale of fees, in which case the terms, conditions, scale of fees, etc. shall be as detailed in the Annexure hereto.
17. If any dispute, difference or question shall at any time arise between the parties as to the interpretation of this agreement or arising out of this agreement or as to the rights, liabilities and duties of the parties hereunder, or as to the execution of the said works, the same shall be referred to the arbitration and final decision of an arbitrator to be agreed upon and appointed by both the parties or in case of disagreement as to the appointment of a single arbitrator, to the appointment of two arbitrators one to be appointed by each party, which arbitrators shall, before taking upon themselves the burden of reference, appoint an umpire whose decision in the matter shall be binding on both the parties. It is hereby provided that the arbitrator so appointed shall make his award within six months from the date of the arbitrator or arbitrators, as the case may be, entering on the reference. This submission to arbitration shall be deemed to be a submission to arbitration within the meaning of Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator or arbitrators, as the case may be, shall be final and binding on the parties. The parties agree that if work under this agreement has not been completed at the time of reference of dispute to arbitration, the work shall continue during the arbitration proceedings and the employer shall make the payment to the architects within the provisions of this agreement and shall not withhold any money payable to the architects on account of arbitration proceedings unless authorised by the arbitrators.
18. This agreement shall be executed in duplicate and the architects shall bear the stamp duty on the original. The employer shall retain the original and the architects shall retain the duplicate.
In Witness Where of the parties hereto have subscribed their respective hands hereto and on a duplicate hereof on the day and year hereinabove first mentioned.
Signed and delivered by the within named employer A Signed and delivered by the within named architects by its Managing Partner
WITNESSES;
1.
2.
Schedule Period
1. Submission of site plan with in ………. days from the date of the execution of this agreement.
2. Submission of the required plans with in ………. days from the to the Municipal Corporation and date of receipt other local authorities of employees approval of the site plan.
3. Submission of detailed working with in ………. weeks from the drawings and estimates date of receipt of employer’s approval of the site plans.
4. Submission of architect’s Within 2 weeks from the date of recommendations on the receipt of the tenders from thecontractor’s rates employer.
5. Other drawings, etc., if any within a reasonable time.
Tripartite Lease Agreement between Lessor, Lessee and the Guarantor in West Bengal and Kolkata
THIS AGREEMENT of Lease made at_____________ on this__________ day of_____________ 2000, between ABC Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at __________ (Hereinafter referred to as “the lessor”) of the FIRST PART and XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ____________ (Hereinafter referred to as “the lessee”) of the SECOND PART and M, son of ____________resident of_______________ (hereinafter referred to as “the Guarantor”) of the THIRD PART.
WHEREAS on the request made by the Lessee, the Lessor has agreed to purchase the equipment, more particularly described in the Schedule hereto (Hereinafter referred to as “the Equipment”) at the price mentioned in the proposal form signed by the Lessee
AND WHEREAS the Lessee has offered to take the equipment so purchased by the lessor.
AND WHEREAS the Guarantor has agreed to stand surety for the payment of lease rentals and observance and performance of covenants, stipulations and terms and conditions of this agreement.
AND WHEREAS the Lessor has agreed to purchase and lease the said equipment to the Lessee upon the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. In pursuance of the said agreement and in consideration of the lease rent hereby reserved and of the covenants, stipulations and terms and conditions herein contained and on the part of the lessee to be observed and performed, the Lessor doth hereby grant the lease of the equipment unto the Lessee upon the terms and conditions hereinafter mentioned for the term of __________ years commencing on the________ day of _______200-.
2. The Lessee shall pay to the Lessor lease rent at the rates on the days and in the manner specified in the Schedule hereunder written without deduction or abatement in advance on the 1Oth day of each calendar month, the first such payment to be made on the____________ day of________ and if the lease rent is not paid on the due dates, the Lessee shall pay interest thereon at the rate of______ % per month from the due date till payment.
3. The equipment shall be delivered to the Lessee by the manufacturer at the Lessee’s factory at the address specified in the Schedule and the Lessor will not be liable for any loss or damage caused to the equipment before or in the process of transportation or delivery of the equipment.
4. The Lessee acknowledges, declares and agrees that:
i. the equipment is of a size, design, capacity and manufacture selected by the Lessee;
ii. the Lessee has selected the equipment and the manufacturer based on its own judgment;
iii. the Lessor is not the manufacturer or supplier of the equipment and it has not made any representations or statement about the equipment and the Lessee disclaims any reliance on the statement made by the Lessor, if any relating to the equipment;
iv. the Lessee has not given any warranties express or implied on to any matter whatsoever including the condition, fitness or merchantability of the equipment or suitability of the same for any purpose;
v. the Lessor will not be liable to the lessee for any liability, claim, loss, damage or expenses of any kind or nature whatsoever arising from the leasing, installation, use or operation of the equipment or its failure to operate or perform or otherwise howsoever.
5. The lessee shall throughout the said term:
i. Pay the lease rentals and other amounts regularly and punctually payable hereunder.
ii. Keep and maintain the equipment in good and substantial repair and condition (fair wear and tear excepted) and in case the equipment is required to be repaired, to get the equipment repaired by the person, firm or body nominated by the lessor and in the event of the lessee failing to do so, the lessor shall be entitled to take possession of the equipment and get the equipment repaired and in such case the lessee will forthwith repay to the lessor the full cost of repairs incurred by the lessor.
iii. Install, use and operate the equipment properly and carefully and in conformity with the instructions given by the manufacturer in this behalf.
iv. To pay or cause to be paid all rates, taxes, licence fees, duties, surcharges, registration charges and other outgoings payable in respect of the equipment, or its installation, use or operation thereof or in respect of the premises where the equipment may be placed or kept for the time being and on demand produce the receipts thereof to the lessor or his authorised representatives and in case of failure by the lessee to pay the rates, taxes, etc., the lessor shall be at liberty (but not bound) to make all or any of such payments and to recover the amount thereof from the lessee forthwith.
v. Keep the equipment at all times in its possession and control at the location shown herein viz.______________ and will not remove the said equipment therefrom without the prior written consent of the lessor.
vi. Not cause or permit affixation of equipment to any immovable property.
vii. Insure and keep the equipment insured during the term of the lease, at its own cost, in the name of the lessor against loss or damage by theft, fire, accident, and other risks and on such terms as the lessor may require with ________________ company Ltd. for an amount equal to the full value of the equipment, in the event of the lessee failing to insure, the lessor may do so and recover the cost thereof from the lessee forthwith. The Lessee shall pay the insurance premiums and shall hand over the policies of insurance and receipts of payment of premiums to the lessor.
viii. Not to make any alteration, addition or improvement in equipment without the prior written consent of the lessor and any alteration, addition or improvement when made to the equipment shall be deemed to be part and parcel of the equipment owned by and belonging to the lessor.
ix. To permit lessor and all persons authorised by it at all reasonable times to enter upon the premises where the equipment is placed or kept for the time being in force and to inspect and examine the condition of the equipment.
x. Obtain all necessary licences, permissions, etc. for the use and operation of the equipment and not to use the equipment in contravention of the terms and conditions of such licences, permissions, bye-laws or regulations of any local or statuary authority for the time being in force.
xi. To indemnify and keep indemnified the lessor against any claim, demand, liabilities, proceedings or expenses, brought, filed or incurred against him relating to the transportation, delivery, operation or use of the equipment including injuries to or death of persons arising from or pertaining to the transportation possession, installation, operation or use of the equipment.
6. The lessee acknowledges, declares and confirms that it holds the equipment as a mere bailee and the lessor is and will be having sole and exclusive right, title and interest in the equipment and the lessee will affix or place plate or makings on the equipment indicating the lessor”s title and therein.
7.
i. If the equipment or any part thereof is lost, destroyed or damaged, the lessee shall notify you the same to the lessor and receive the moneys from the insurance company and hold the same on trust for the lessor and pay or apply the same as directed by the lessor.
ii. If in the opinion of the lessor, the equipment is lost, stolen or damaged to such extent, which is incapable of repair; the insurance money will be applied to make good the damages under the insurance policies.
iii. If in the opinion of the lessor. the equipment can be repaired then the insurance monies shall be applied in repairing or replacing the equipment with similar type and quality and in such an event the replaced equipment shall be held by the lessee under the terms of this lease.
iv. Save as provided in above sub-clauses, the loss, theft or destruction of or damage to the equipment shall not affect the continuance of the lease and the lessee will continue to be liable to pay lease rentals in respect of the equipment.
8. If the lessee-
i. fails to pay lease rentals or part thereof or any other payments payable hereunder for a period of one month; or
ii. fails to effect insurance of the equipment or fails to pay insurance premiums as and when due or fails to reimburse the same to the lessor if paid by him; or
iii. sells, mortgage, charge, demise, sub-let or otherwise dispose of or tries to sell, mortgage, charge, demise, sub-let or otherwise dispose of the equipment; or
iv. fails to perform or observe its covenants, stipulations, terms and conditions, to be performed or observed by the lessee under this lease deed or in any other document executed by the lessee in connection herewith and such failure or breach continues for a period of one month after service of written notice to the lessee; or
v. pass a resolution of winding-up or have a petition for winding- up presented against or if a receiver shall be appointed of the whole or part of the assets, properties or undertakings of the lessee or shall compound with or enter into any composition with its creditors;
vi. do or suffer any act or thing or omits to do or suffer any act or thing, in consequence of which the equipment may or is likely to be distrained, endangered, attached or taken execution under any legal process or by any public authority.’
vii. if any judgment or order against the lessee shall remain unsatisfied for more than fourteen days;
viii. if he abandons the equipment.
Then and on the occurrence of any such event it shall be lawful for the lessor to terminate this agreement, without prejudice to any action that it may take against the lessee for any right or remedy under this agreement or otherwise at law or to exercise all or any of the following rights or remedies viz:
i. to take possession of the equipment and for that purpose enter upon any premises where the equipment is or is believed by the lessor to be for the time being situated and detach and dismantle the equipment;
ii. sell, transfer, assign, lease or dispose of the equipment or part thereof by public or private sale with or without notice to the lessee;
iii. require the lessee to pay to the Lessor all sums due and payable under this lease, interest on the due lease, rentals, liquidated damages for loss of a bargain and not as a penalty and other expenses incurred by the lessor due to termination of the lease before the term of the lease;
iv. exercise any other right or remedy available to the lessor under any law for the time being in force.
It is hereby declared that the lessee shall also be liable to pay all legal fees, costs and expenses incurred by the lessor from the foregoing defaults or the exercise of the lessors’ remedies and the remedies referred to above are not intended to be exclusive, but shall be cumulative and shall be in addition to any other remedy available to the lessor under any law for the time being in force.
9. Any express or implied waiver, by the lessor of any default shall not constitute a waiver of any default by the lessee or waiver of any of the lessor’s right. The lessor shall not be deemed to have waived any of the lessor’s rights or any provision of this agreement or any notice given hereunder unless such waiver be provided in writing by lessor.
10. If the lessee having paid all lease rentals and other amounts payable under the lease deed and observed and performed all the covenants, stipulations, terms and conditions, shall desire to renew this lease and shall give notice of such desire not less than_________ months prior to the expiration of the term hereby granted, the lessor shall grant renewal of the lease for a further period of ______ years commencing on the date of expiration of this lease on the same terms and conditions as those herein contained including the right of renewal, but at a lease rental of Rs________ per month.).
11. Upon expiry of the lease term hereby granted or renewal hereof or sooner determination in terms of this lease deed, the lessee shall at its own cost forthwith deliver or cause to be delivered the equipment to the lessor at such place as may be intimated by the lessor to the lessee.
12. Time shall be the essence of this agreement in so far it relates to the observance or performance of all or any of its obligation, covenants or liabilities hereunder by the lessee.
13. During the term of this lease, the lessee shall submit its Balance Sheet and Profit and Loss Account as and when they are ready and other information, reports and statements as may be required by the lessor.
14. This agreement is personal to the lessee and it shall not transfer, assign or otherwise dispose of its rights or obligations hereunder.
15. The Guarantor hereby guarantees the payment of lease rentals and other moneys payable by the lessee to the lessor under these presents and observance and performance of the covenants, stipulations, terms and conditions by the lessee. The Guarantor also hereby agrees to pay on demand any money due or which becomes payable under this agreement and not paid by the lessee. The guarantor hereby further agrees that any time granted to the lessee or any indulgence shown to him in respect of this agreement shall not prejudice the lessor’s right or relieve the guarantor from his guarantee, which shall be a continuing guarantee and his liability will be coextensive with that of the lessee and it will not be necessary for the lessor to serve any notice to the guarantor for any default committed by the lessee or any concession, or indulgence shown by the lessor to the lessee.
16. The lessor hereby assigns to the lessee the right of warranties provided by the manufacturer of the equipment and the lessee shall be entitled to make any claim for any defect or deficiency, for any breach of condition or warranty directly against the manufacturer and for this purpose if the lessee requests to the lessor, the lessor shall authorise the lessee for enforcing due performance of any warranties or performance guarantees relating to the equipment.
17. All disputes, questions, differences and claims whatsoever arising from this agreement between the parties and/or /their successors or assigns touching these presents or any right or liability arising from these presents shall be referred to the arbitration of two arbitrators, one to be appointed by each party and such reference shall be deemed to be reference under and subject to the provisions of Arbitration Act, 1996 or any statutory modification or re-enactment thereof for the time being in force and arbitration proceedings will be held at _______________
18. Any notice or letter required to be given herein shall be given to the parties hereto in writing by RPAD at the addresses above mentioned or such other address as the parties may hereafter substitute by notice in writing to the other parties.
19. All prior agreements or arrangements whether oral or written between the parties or relating to the lease of the equipment by the lessor to the lessee shall be deemed to be cancelled and superseded by this agreement.
20. This lease deed shall be executed in triplicate. The original shall be retained by the lessor, duplicate by the lessee and triplicate by the guarantor.
21. The stamp duty and all other expenses in respect of this lease deed and duplicate thereof shall be borne and paid by the lessee.
22. The headings to the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.
IN WITNESS WHEREOF the parties hereto have executed these presents and duplicate and triplicate copy thereof on the day and year hereinabove written.
The Schedule above referred to
Signed and delivered by the within named ABC Co. Ltd.,
the lessor by the hands of Shri…………………
Managing Director thereof
Signed and delivered by the within named XYZ Co. Ltd., the lessee by the hands of Shri…………… Managing Director thereof
Signed and delivered by the within named M, the guarantor
WITNESSES;
1.
2.
Residential Property Lease Deed Format
This Lease Deed is made on this —————————————————–, but shall be effective from ————————————————————- for the purposes of payment of rent.
BETWEEN
Mr/Mrs—————————————————————————————-through Authorized Signatory———————————————————, hereinafter referred to as the LESSOR (which expression shall unless excluded by or repugnant to the context include its holding/subsidiary companies as also its successors and assigns) of the First Part.
AND
Mr/Mrs—————————————————————————————-, through Authorized Signatory———————————————————- hereinafter called the LESSEE) which expression unless repugnant to the context herein includes its holding/subsidiary, associate companies, group companies as also its successors and assigns) of the SECOND PART.
WHEREAS THE LESSOR is absolutely seized and possessed of or otherwise well & sufficiently owner of the residential House No.—————————- consisting of —————————————————————————— and fittings & fixtures as per detail in Annexure 1( hereinafter referred to as the DEMISED PREMISES).
AND WHEREAS, the LESSE has approached the LESSOR for taking on lease the demised premises for a term of 2 years in respect of the said demised premises at House No—————————————————————— for residential purposes of the LESSEE and for the executives of its Associates, affiliates, Group Companies, subject to the terms and conditions of this Lease Deed.
The LESSOR and the LESSE have agreed to record the terms and conditions of this Lease Deed as stated hereinafter.
NOW THIS LEASE DEED WITNESSETH AS UNDER:
1. The monthly rent for the said premises shall be Rs———————– and such rent shall be payable in advance on or before the 10th day of each calendar month (due date). Failure to make the payment of lease rentals within 10 days from the said due to date shall render the LESSEE liable to pay interest @ 18% p.a. for the delayed period. However, the delay in the payment of the Lease Rental beyond two months shall attract the provision of clause 4 hereof. Income Tax shall be deducted at source as per the prevailing Income Tax Laws and amendments made thereto from time to time. The monthly Lease rental shall be exclusive of all Electricity, Water and Maintenance Charges, which shall be paid directly by the LESSEE to the concerned authorities at actual, including any increase in the costs hereof which may come into effect with time. The Lease rentals shall be paid by way of cheques/pay order and drawn in favor of the LESSOR at Delhi.
2. After the expiry of the lease agreement, the Lessee shall vacate the demised property. However, Lessor may enter into fresh agreement with the Lessee for a mutually agreed term at the prevalent market rates. In the event THE LESSOR decides to renew the lease, fresh Lease Deed shall be made out and registered by parties hereto. In case, the Lease is not renewed as contemplated herein, LESSEE shall handover the vacant, peaceful and physical possession of the DEMANDED PREMISES to the LESSOR and the LESSOR shall refund the security deposit to the LESSEE forthwith. In case, the Lease is not renewed and the LESSEE does not handover the vacant physical possession of the DEMISED PREMISES to the LESSOR, lease rent———————————————————————————————–per day will be charged by the LESSOR from the LESSEE for the period of default.
3. LESSEE had paid an amount equivalent to (Six) months Lease rentals of Rs.————————- vide Cheque No.————– dated———— as refundable security deposit free of interest to the LESSOR which money is still with the LESSOR and shall be retained by him pursuant to the extension of the present lease deed. The LESSOR shall refund the security deposit to the LESSEE forthwith on the expiry of the term of this assignment or extended agreement or earlier vacation/ termination of this lease and physical possession of the DEMISED PREMISES in original shape and condition subject to normal wear and tear. It is clearly understood that the security deposit is being paid to ensure compliance with the terms & conditions contained herein on the part of the LESSEE. If the LESSOR fails to refund the Security Deposit at such time then the LESSE shall be entitled to interest at the rate of 18% from the date of such failure till its actual realization and the LESSEE shall continue with the possession of the premises without payment of rent till the amount of such security deposit is repaid by the LESSOR.
4. That in the event the LESSE defaults in the payment of monthly Lease rentals for a continuous period of Two Months (2 months) due to any reasons whatsoever it shall constitute the breach of this Lease Deed and, the LESSOR shall give a Registered A.D. Notice/ Letter to the LESSEE. The LESSEE shall make necessary payments, within 30 (Thirty) days of the receipt of said Registered A.D. Notice/ Letter along with interest at the rate of 18% p.a. on the delayed period in terms of Clause (2) hereof. But in case the LESSEE does not make the payment within the stipulated time, the LESSOR shall have the absolute right to terminate the Lease and re-enter the premises without any further notice. It is further agreed that on account of non-payment of the rent as mentioned above, the LESSEE will not only cease to have any rights in the DEMISED PREMISES but will also become a trespasser and the LESSOR shall be entitled to proceed against the LESSEE and evict then the DEMISED PREMISES as a trespasser.
5. The LESSEE shall use the DEMISED PREMISES for residential use only and in no case its business shall be conducted from the DEMISED PRMISES. The LESSEE shall use the DEMISED PREMISES as per the relevant laws. The LESSEE shall not do or suffer to be done in the DEMISED PREMISES anything, which may be or become a nuisance, annoyance or cause damage or inconvenience to the other occupants/owners of Golf Links, New Delhi. In case of any beach on the part of the LESSEE the entire risk and responsibility including any legal proceedings of the consequences of the same shall be entirely of the LESSEE to the exclusion of the LESSOR.
6. That the LESSEE shall not sublet, assign or otherwise part with the possession of the DEMISED PREMISES on any account whatsoever.
7. The LESSOR shall have the right to carry out interiors and furnishing without making any structural alterations, however, but with the prior approval of the LESSOR. At the expiration or earlier termination of the Lease Agreement, the LESSEE shall have the right to take back any and all furnishings they have installed. The LESSEE shall obtain all statutory/requisite permissions as may be applicable for installations and operation of all its equipment installed in the DEMISED PREMISES.
8. The LESSEE shall be entitled to obtain at its cost (if so required) sanction for additional load of electricity/ power provided however it shall ensure that the existing electrical installations are not damaged or affected.
9. That the LESSEE shall permit LESSOR or its duly authorized representative upon reasonable prior notice in writing to enter the DEMISED PREMISES at reasonable hours, for the purpose of inspection and/or carrying out any required structural repair works whenever it is necessary at a mutually agreed time. It is agreed and acknowledged by the LESSOR that such repairs will be performed in such a manned so as not to cause any inconvenience or disturbance to the LESSEE.
10. The LESSEE shall pay all charges for the Electricity and Water on the basis of Meters installed in the DEMISED PREMISES from the effective date of start of Lease as and when the LESSEE received bills/invoices from the concerned authority. Such bills when received by the LESSEE shall be deposited within the due date to the concerned authorities. Any damage done to the meters/ or meter getting burnt due to extra load/misuse by the LESSEE, shall be the sole responsibility of the LESSEE and the LESSEE hereby undertakes to get the same changed/rectified at its own cost and efforts. The LESSOR shall pay all previous electricity & meter charges up to the effective date of start of Lease.
11. That the LESSEE shall maintain the DEMISED PREMISES, in good condition and that on expiry of this Lease Deed, as the case may be, the LESSEE shall remove, forthwith all that belongs to the LESSEE and the fixtures/fittings installed their in the same conditions as the same were at the commencement of this LEASE Deed subject to normal wear and tear.
12. That the LESSEE shall be entitled to peaceful and uninterrupted use of the DEMISED PREMISES during the terms of Lease period, free from any interference, interruption or objection whatsoever claiming through and on behalf of the LESSOR. The LESSOR shall indemnify to the LESSEE in case it is found that the said demised premises is not free from all encumbrances, restrictive orders, injunctive and Les Pendence proceedings and against all and any costs, expenses, charges, out going damages and risk at all times arising from any suit, eviction, action, claim or demand whatsoever in relation to the titles of the property, to the extent of losses suffered by the LESSOR and against all covenants, representations and warranties made and agreed by the LESSOR. The LESSOR hereby assures the LESSEE that it will extend its utmost co-operation occupation in the DEMISED PREMISES during the Lease period subject to the terms and conditions as contained herein.
13. That all the applicable taxes or levies including Property Tax or any other charges on the property (except for Service Tax on Lease Rentals) payable to Government or municipal authority shall be responsibility of the LESSOR and shall be regularly paid by he LESSOR so as not to cause any interference or disturbance in the possession or enjoyment of the DEMISED PREMISES by the LESSEE.
14. That the LESSEE shall be entitled to install and use of telephones and other equipment in the DEMISED PREMISES as may be convenient to the LESSEE, but the LESSEE alone shall be responsible for all charges thereof. The LESSOR shall assist and co-operate with the LESSEE in obtaining telephone connections if required.
15. All day to day repairs, such as fuses, leakage of taps, replacement of glass panes and such other minor repairs shall be made by the LESSEE at its own cost. However, all major and structural repairs such as seepages on walls, cracks in the structure, replacement of hidden sanitary pipes shall be undertaken by LESSORS at its own cost and expenses, PROVIDED the same are not caused by the LESSEES commissions/ omissions and misuse. Such major and structural repairs shall be carried out by the LESSOR within 15 days of receiving a notice in writing for the same form the LESSEE. However, in case the LESSOR fails to remedy the said repairs within the stipulated time, then the LESSEE shall be entitled to remedy the said repairs and recover the amount spent form the rent payable to the LESSEE.
16. That if any time during the Lease Period, DEMISED PREMISES are destroyed or damaged or any other means so as to become unfit for use, occupation and habitation then the rent hereby reserved or a fair and just proportion thereof according to he nature and extent of the damage sustained shall be suspended and cease to be payable until the DEMISED PREMISES shall have been again rendered fit for use, occupation and habitation PROVIDED that this agreement shall be without prejudice to all other rights and remedies to which the LESSEE is or may be entitled by statute or otherwise including the right to terminate this Lease which the LESSEE hereby expressly reserves. However in case the DEMISED PREMISES remains unfit for use, occupation and habitation for a period exceeding 12 weeks then it would be open to the Lessee to terminate this agreement without notice.
17. That the present lease may be terminated by the LESSEE at any time upon serving a notice of three months but subject at all times to the obligation of the LESSEE to pay monthly rent for a minimum period of 12 months (lock-in-period) from the date of execution of this lease including the notice period on the terms and conditions as contained herein. In the event of the LESSEE opting for vacating the DEMISED PREMISES at any time prior to expiry of 12 months from the date of commencement of this Lease, rentals for the balance un-expired stipulated Lock-in-period of 12 months from the date of commencement of this lease shall be payable by the LESSEE to the LESSOR. In such a situation, if the LESSEE demanded refund of Interest Free Security Deposit, the Lessor shall be entitled to deduct outstanding Lease rentals from the Interest Free Security Deposit for the balance/ unexpired Lock-in-period.
18. That any notice required to be served upon the LESSEE shall be sufficiently served and given if delivered to it at the address first given above, or such other address as may by communicated later on for the purpose. That any notice required to be served upon the LESSOR shall be sufficiently served and given if delivered to it at the address first given above, or such other address as any be communicated later on for the purpose.
19. The LESSOR and the LESSEE represent that they are fully authorized empowered and competent to execute this LEASE DEED and the LESSOR shall hold the LESSEE free and harmless of any demands, claims, actions or proceedings by other in respect of peaceful possession of the premises.
20. The Lease Deed shall be made and executed in original on stamp paper and the same shall be registered as required by law. The expenses and costs including the stamp duty shall be borne by the LESSEE. The LESSOR and LESSEE have agreed that original lease deed will remain with the LESSEE and a true certified copy will be with LESSOR.
21. That any dispute arising between the LESSOR and LESSEE with regards to the terms and conditions hereof or their interpretation shall have the jurisdiction of the courts of——————-Only, if the same remain unresolved in the Arbitration proceedings to be conducted in accordance with the provisions of Arbitration proceedings to be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 and any amendments made thereto.
22. No modifications or amendments to the terms and conditions of this Lease Deed shall be valid or binding unless made in writing and duly executed by both Parties.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS, THE DATE, MONTH AND YEAR WHICH IS WRITTEN BEFORE.
LESSOR LESSOR
WITNESSES:
1.
2.
Format of Agreement for Sale of Leasehold Property
This Agreement is made at ____ this ________ day of ______ between Mr. A residing at __________ hereinafter referred to as the ‘Vendor’ of the One Part and Mr. B residing at _____________________ hereinafter referred to as the ‘Purchaser’ of the Other part.
Whereas –
1. By a Deed of Lease Dated the _________ day of _______ made between Mr. ____________ therein referred to as the Lessee of the One Part and the Vendor therein referred to as the Lessee of the Other Part and registered at _______ under Sr. No. _____ of Book No. 1, at the office of the sub Registrar at _______ the said Lessor has demised unto the Vendor the land and Premises situated at ______ and more particularly described in the Schedule hereunder written for a period of 999 years, from the day of ____ at the yearly rent of Rs. _______ and on the covenants, terms and conditions therein mentioned.
2. The said Lese is still valid and subsisting.
3. The purchaser has offered to purchase the leasehold land and premises and the Vendor has agreed to sell the same and to assign the said lease on the terms and conditions agreed upon and hereinafter set out.
Now it is agreed by and between the parties hereto as follows:
1. The Vendor shall sell and assign to the Purchaser the said land and premises described in the Schedule hereunder written and assign the said lease for all the residue of the unexpired period of the said lease and subject to the rent reserved by and to the terms, covenants and conditions contained therein and the Purchaser has agreed to purchase the said land and premises subject to the said lease, at the price of Rs. ____ out of which the Purchaser has paid to the Vendor a sum of Rs. ______ as earnest money on the execution of this agreement (receipt whereof the Vendor hereby admits) and the balance of Rs. ________ is agreed to be paid on the completion of the sale.
2. The Vendor shall make out a marketable title to the said leasehold property free from encumbrances and reasonable doubts. The root of title will be the said Deed of Lease and the Vendor will not be bound to make out a marketable title to the property so far as the said Lessor is concerned.
3. The Vendor shall deliver the title deeds relating to the said property in his possession or power within eight days from the date hereof for inspection thereof by the Purchaser or his Advocate for investigation of title. The said documents may be handed over to the Purchaser’s Advocate against his personal accountable receipt for the sake of convenience, if so required by the Purchaser’s Advocate.
4. If the Purchaser shall insist on any requisition or objection of any kind which the Vendor shall be unable or unwilling to remove or comply with, the Vendor may (notwithstanding any intermediate negotiation or litigation in respect thereof) give notice in writing to the Purchaser or his Advocate of the intention of the Vendor to rescind this contract unless such requisition or objection shall be withdrawn and if such notice shall be given and the requisition or objection shall not be withdrawn within 7 days after the day on which the notice was sent, this contract shall, without further notice, stand rescinded. The Vendor shall thereupon return to the Purchaser the said earnest money but without any interest, costs or other compensation or payment whatsoever.
5. The Vendor will obtain the written consent of the lessor to the assignment of the Lease as a condition precedent to the completion of the sale.
6. The outgoings in respect of the said property by way of property taxes, ground rent, land revenue payable by the Lessee till the completion of the sale will be paid by the Vendor and thereafter they will be paid by the Purchaser and the same if necessary will be apportioned as on the date of completion of this transaction.
7. The sale will be completed within a period of four months from the date thereof.
8. The sale will be completed by the Vendor executing a Deed of Assignment in favour of the Purchaser or his nominee paying the balance of the said price.
9. The draft of the Deed of Assignment will be prepared by the Purchaser’s Advocate and will be approved by the Vendor’s Advocate.
10. On completion of the sale as aforesaid, the Vendor will give possession of the said property to the Purchaser by delivering vacant possession of such portion thereof as is vacant and by attorning tenants of such portion thereof as are occupied by them to the Purchaser.
11. The Vendor declares that the said property is not subject to any acquisition or requisition and no notice has been received by him for carrying out any heavy or structural repairs. If any notice for acquisition or requisition or structural repairs is issued and received by the Vendor before completion of Assignment, the Purchaser will have the option to cancel this agreement and in that event the Vendor will return the earnest money paid to him by the Purchaser.
12. If the Vendor fails to make out a marketable title as aforesaid, the Purchaser will have the right to cancel this agreement by giving atleast fifteen days prior notice to the Vendor to that effect and on the expiration of the said period, the agreement shall stand terminated and in that event the Vendor will return the earnest money to the Purchaser and each party will bear and pay the costs of and incidental to this Agreement.
13. If the Vendor makes default in completing the sale within the stipulating period, the Purchaser shall have the right to make time essence of the contract and to cancel this agreement thereafter by giving atleast fifteen days notice in writing to the Vendor to that effect and on the cancellation of the agreement, the Purchaser shall be entitled to claim and recover from the Vendor not only the said amount of earnest money but also all costs, charges and expenses incurred by the Purchaser of and incidental to this Agreement and the damages suffered by him. This is without prejudice to the right of the Purchaser to seek specific performance of this agreement through Court.
14. If the Purchaser makes default in completing the sale, within the stipulated period, the Vendor shall be entitled to make time essence of the contract and to cancel this agreement, thereafter by giving atleast fifteen days notice to the Purchaser to that effect and on the cancellation of the agreement, the Purchaser will forfeit his right to the said earnest money which will be appropriated by the Vendor towards his claim for damages including the costs, charges and expenses of and incidental to this agreement.
15. Before execution of the deed of assignment the Vendor will obtain Income Tax Certificate under Section 230A of the Income Tax Act, 1961 as a condition precedent to the completion of sale.
16. The expenses by way of stamp duty payable on this agreement and the deed of assignment and registration charges in respect thereof will be borne and paid in equal shares by the parties hereto and except that all the other costs charges, and expenses incurred by the party in respect of the transactions including his and advocates fees will be borne and paid by him.
IN WITNESS WHEREOF the parties have put their respective hands the day and year first above written.
THE SCHEDULE ABOVE REFERRED TO
(Particulars of the property)
Signed and delivered by the
withinnamed Vendor
Mr. ________
in the presence of
Signed and delivered by the
withinnamed Purchaser
Mr. ________
in the presence of
Affidavit cum Indemnity Bond Format
I, _________________________________ son/daughter/wife of ________________ Resident of _________________/ in occupation of property bearing No. ______________
hereby declare and undertake as follows:
OR
I, _____________________________________________ (authorized representative/tenant) came into the possession of the said premises vide sale deed dated _______________ / Rent Agreement dated ________________ / Lease Deed dated ____________________, hereby declare and undertake: I am in legal and valid occupation of the property since _______ _______.
- That I am the owner/lawful occupier of the premises bearing No. ____________________ (address). The said premises has been purchased by me/taken on rent by me from Mr.____________, s/o ___________, r/o_______________, vide sale deed dated/lease/rent agreement dated ____.
- That I have applied to _____________for grant of a new electricity connection and to recognize me as the registered consumer in respect of the said connection at the said premises in the name of Mr./Ms. ________________(name of applicant) on _____________ (date) _____________ vide request no _____________________, for a load of __________KW. I undertake to supply all such documents as may be required by _______________ in that regard and to fulfil all prescribed formalities.
- I expressly understand that for grant of new connection in my favour, certain documents have to be furnished and submitted to _________ for further processing of my request in compliance of applicable rules, regulations. However, the address mentioned above does not bear a clear municipal address OR any other clear demarcation which is contained in any ownership document/ title document OR I do not possess Ownership Documents, Title documents with respect to the above premises at presently under my occupation.
- I state that I possess a valid Voter’s Identity Card issued by Election Commission of India/Driver’s license/ration card (mention document number , details etc./ License number /date of issuance) which is valid till __________(date). (A copy of the same attested by Notary public is enclosed. I also state that I have another connection for electricity vide K. No._____________, in ___________ distribution area which is energized and installed at ______________ (premises address) OR /disconnected since the year ________.
- That if the new connection requested by me is granted , I undertake to provide any, all such documents to ___________ as may be required by them from time to time as proof of my Annex. I affirm that there is no other claimant to the ownership of the aforesaid property and that the grant of the new electricity connection in my name and recognizing me as the registered consumer with regard to the same does not confer any right of ownership or title to the property in my favour.
- That I also undertake that as and when the ownership documents /Title Deed/Rent Agreements etc. are available in my name OR (in cases of mutation of property pending — ownership documents are transferred in my name/favour) , I shall submit the copy of the said documents with _____________. However, I unconditionally undertake to keep _________________ /its officers indemnified against any losses/damages/risks/liabilities/claims/prosecutions/fines/levies/compensations/proceedings which _________________ may be subject to or be made liable for or made to suffer as a result of grant/release of the new electricity connection on the basis of this undertaking cum indemnity bond including any legal or other expenses reasonably incurred by ___________ in defending itself/its officers as well as for the cost / compensation(s) to which ________ may be subjected to, under any law or pursuant to directions of any court/tribunal/authority , if any, as a result of my failure to comply with the terms/conditions of this Affidavit cum indemnity bond, any act of forgery, any material concealment of information, as well as those of any other relevant documents required to be executed by me in this behalf or attributable to false /wrong information furnished by me in respect thereto. This indemnification shall be without prejudice to ________’s right to disconnection of electricity at the above premises and initiation of appropriate legal proceedings.
- I undertake that no court case or litigation in respect of the above premises is pending adjudication before any Court of Law/Forum. OR ( I state that case no. ______________, titled Mr.”x” vs. Mr. “Y” is pending in Civil/criminal/revenue court).
- That without prejudice to its rights, _________ may release/sanction the new electricity connection, as applied, in my favour in the aforesaid property/premises. Grant of this new connection shall not absolve me from obtaining or getting the ownership/title documents in my name as referred above. _________ reserves the right to disconnect the electricity supply at any point of time against the new connection, on my failure to comply with the above terms and conditions of this bond.
- I declare that the contents of this Bond are true and correct and further that in case any /all of the above information is found false /incorrect, _______ shall be entitled to forthwith disconnect the new connection granted at said premises and initiate appropriate legal proceedings against me. ____________ may also demand such amounts of additional Security deposit from me from time to time as ______ may deem fit as a safeguard for securing any event of non payment on my behalf. _________ may without prejudice to its other rights, also transfer the dues towards the new connection if remain unpaid, to my other connection (details furnished above).
- I solemnly confirm that in case of any dues arising against the connection granted to me against notification no._____________ may be transferred to CA no/Kno.______________.
- That I undertake to provide such documents to _______ as may be required by them as proof of my ownership/possession/occupation of the property. However in case of any loss, damage having been caused to _____ I shall unconditionally indemnify ________ as provided in clause 6 above.
- I undertake that by completion of the required formalities & paying the applicable charges for new connection does not confer any right on me for the grant of new connection. By grant of the new electricity connection in my name/favour on the basis of this Bond, ______ does not guarantee that the requisite formalities in respect of ownership /Title documents/ land usage requirements have been complied by me.
Deponent
Verification
Verified at ____________ on this __________________day of_____________ 2015 that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed there from.
Deponent
18
May, 2014
Agreement For Sale Of Flat By A Flat Purchaser Before Completion Of Flat
Format of Agreement For Sale Of Flat By A Flat Purchaser Before Completion Of Flat in West Bengal and Kolkata.
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13
Dec, 2013
Tenancy Agreement Format
This is a standard Tenancy Agreement format to protect and safeguard the rights of tenants and landlords in West Bengal and Kolkata.
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