AGREEMENT TO SELL AND PURCHASE
This agreement is made at New Delhi on this 27thday of September 2022 between
(1) SHRI AMANDEEP SINGH SON OF SHRI JASWANT SINGH AND (2)
SMT. SURINDER KAUR WIFE OF SHRI JASWANT SINGH BOTH
RESIDENT OF D-789/1-C, SANGAM VIHAR, PUSHPA BHAWAN, NEW
DELHI-110062and also at H. NO. 842, GOVINDPURI, KALKAJI, NEW
DELHI-110019,hereinafter called theFIRST PARTY on the one part andSHRI
YOGESH SON OF SHRI BABU LAL RESIDENT OF H. NO. F-51, NEAR
PANCHMUKHI MANDIR, LAL KUAN, JAITPUR, SOUTH DELHI-
110044,hereinafter called the second party on the other part.
The expression of the terms first party and second party wherever they occur in the
body of this agreement shall mean and include their respective heirs, executors,
administrators and assignees unless and until it is repugnant to the context or
meaning thereof.
Whereas the First party is the owner and in possession second floor, without
terrace rights, measuring 100 Sq.Yds. Consisting of three bedrooms, drawing/
dinning, kitchen, bathroom, latrine with common easement attached thereto i.e
common passage for approach, staircases, right to install T.V. antenna, overhead
water tank on top of terrace alongwith one common car parking and also one bike
parking on ground floor, independent underground water storage tank etc.and
proportionate land beneath the same of the said property (hereinafter collectively
referred to as Demised portion) of property no. C-50B, measuring 100 Sq. yards,
carved out of Khasrano. 279 situated at Vishwakarma Colony, PulPehladpur, New
Delhi-110044.
And whereas the First party has agreed to sell, transfer and convey his/her rights,
interest , liens and title in the said Demised portion and common passage for
approach, staircases etc. And proportionate land beneath the same unto the second
party for a total consideration of Rs. 35,00,000/- (Rupees Thirty Five Lakh Only)
And whereas the second party has agreed to purchase the Demised portion from
the first party on the following agreed terms and conditions of this agreement.
Now This agreement witnesses as under:-
1. That the second party is giving Rs. 5,00,000/- as advance i.e. earnest money
(BAYANA)on dated 27.09.2022 vide cheque bearing no.000019 of
dated27.09.2022 of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand INR
Only) drawn atKotak Mahindra Bank branched atOkhla, Delhi-
110020from saving bank A/c No. 0112555054 andcheque bearing no.000020
of dated27.09.2022 of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand
INR Only) drawn atKotak Mahindra Bank branched atOkhla, Delhi-
110020from saving bank A/c No. 0112555054.
2. That the rest of the payments out of the consideration amount will be paid i.e.
Rs. 30,00,000/- will be paid by the second party to the first party on dated
31.12.2022 and after taking possession from the first party in favour of second
party on the same day.
3. That the first party has agreed to give the above said property situated at
Vishwakarma Colony, PulPrahaldapur, New Delhi-110044 and the second
party is agreed to purchase it.
4. That the second party shall have no rights of access of roof of the property
except for installation/inspection/repair of water tanks/antenna etc. at all
reasonable times, with or without workmen.
5. That the first party has assured the second party that the said Demised portion
is free from all sort of encumbrances i.e. prior sale, mortgages, court
injections, attachments, disputes, gifts, wills, exchanges etc. and the first party
shall be liable and responsible for the same and hereby indemnified the second
party of all the losses which may be suffered, incurred, undergone and/or
sustained by the second party result thereof and for this agreement as well
executed between the first party and the second party.
6. That the first party shall not have any rights, interest or liens in the said
Demised portion, henceforth after the completion of final payment on dated
31.12.2022 as agreed between the parties. The second party shall be it sole
owner for all intents and purposes and the second party shall be liable and
responsible for all the dues and demands in respect thereof after the final
payment of consideration amount. However, if any dues in respect of the said
Demised portion are found outstanding prior/after to the final payment of the
consideration amount,then the same shall be borne and paid by the first party.
Furthermore and apart from the above, It is hereby specifically agreed that:-
1. That it is further agreed between the parties that first party will make the
premise as semi-furnished with Chimneys, all wooden work in Kitchen, fans
and lights in all the rooms, all cameras in flat, geysers in wash-rooms,
doorbell, water bell with flat, all wooden work in all rooms, wooden
wardrobes in all rooms and with all other basic and important amenities.
2. That during the shifting of first party to other place and while handing over
the peaceful possession of the premises, if first party has caused any loss or
destruction, then the same would be repaired by the first party itself and after
taking the peaceful possession, the second party will be liable for the same.
Demised portion will be handed over the actual condition on possession.
3. That the first party shall execute, sign and deliver all documents in all times to
come, which might be required by the second party for getting the water,
sewer and gas connections installed in the Demised portion of said property in
his/her own name or in the name of his/her nominee, and shall not claim any
further consideration thereof. No document will be shared except the
agreement before the full payment.
4. That till such time, the Demised portion of said property is not assessed for
taxes separately, the second party shall be liable and responsible for the
proportionate of the Taxes levied on the property only belongs to second
party, for depositing the same to concerned authorities or as decided by
mutual consent between the first party and second party.
5. That the expenses on the maintenance of the common portion i.e. boundary
walls, common passages, staircases, water motor etc., and electrical charges
for common light and property will be in equal proportionate, or as may be
mutually decided between the occupants over there in the property from time
to time. However all the expenses on transfer of the said Demised portion
including cost of stamp duty, court fee, transfer duty etc.shall be borne and
paid by the second party.
6. That if the second party desires to sell the said Demised portion to some other
party after getting the possession and paid full payment to first party, then the
first party will not have any right or claim and the second party being an
absolute owner of property, can sell it to anyone.
7. That if the first party breaches any terms and conditions of this sale agreement
then the second party is eligible to received back his sum as double of the
amount given by the second party to the first party. It is further agreed
between the parties that the last and final date of full payment would be
31.12.2022 and up to this date i.e. 31.12.2022, the second party will pay off
the entire consideration amount. If the second party is unable to pay the full
consideration (except the earnest money) amount as on dated 31.12.2022, they
first party would have a right to forfeit the earnest money paid by the second
party on dated 27.09.2022. The earnest money would be paid by 2 cheques of
Kotak Mahindra Bank bearing no. 000019& bearing no. 000020 payable to
A/c no. 435901500454 of ICICI Bank Ltd. in the name of Amandeep Singh as
part payment of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) and
part payments to A/c no. 06292151011835 of PNB Bank in the name of
Surinder Kaur. Both cheque details is mentioned above.
8. That if the first party infringes any of the terms and conditions of this
agreement, the second party shall be entitled to get implementation thereof
effected through court of law and subject to Delhi jurisdiction only, by
specific performance of this agreement or any other law for the time being
inforce, at the costs and risks of the first party, or may rescind this agreement
and in that eventually, the first party shall be liable and responsible for making
good of the losses which may be suffered, incurred, undergone and/or
sustained by the second party as a result thereof and this agreement as
between parties.
In witness whereof the parties, hereto have set their respective hands on these
presents on the date, month and year herein above first mentioned in the presence
of the following witness.
WITNESSES: SHRI AMANDEEP SINGH&
SMT. SURINDER KAUR
1 (FIRST PARTY)
2. SHRI YOGESH
(SECOND PARTY)
