CONVEYANCE
(For consideration of Rs.__________/-)
This DEED OF CONVEYANCE made at __________ on this___________day
of _____in the Christian Year _________________
BY AND BETWEEN
(1)_______________________________an adult, _____, aged about ______ years,
______, Indian Inhabitant, having permane nt Account
No._______________D, residing at:____________________________________
(2) ________________________an adult, RELIGION:_______, aged about___years,
occupation: _________, Indian Inhabitant, having Permanent, Account
No.________________residing at:_________________________
(3)
an adult, ________, aged about
years, occupation: _________, Indian
Inhabitant, having permane nt, Account No.
residing at:________
, and
(4)________________________________________________________________an
adult, RELIGION:_______, aged about_____ years, occupation: _________,
, Indian Inhabitant, having permane nt, Account No. __________________
hereinafter referred to as the said ‘’ LAND OWNERS’’ OR ‘’VENDORS’’
or ‘’THE PARTY OF THE FIRST PART’’ (WHICH expression shall unless
repugnant to the context and meaning thereof be deemed to mean and
include their heirs, executors and administrators) of the FIRST PART.
AND
(1)________________________________an adult, ______,
aged about_____years, Occupation:____________________Indian
Inhabitant, having permane nt Account No.________________________ and
(2)________________________________________an adult, _______, aged
about_____years, occupation:__________________ Indian Inhabitant, having
Permanent Account No.___________________________both residing
at:_______________________________________________Theater,
Ramdevnagar Road, Ahmedabad-38015, hereinafte r referred to as “THE
PURCHASERS” Or ‘’THE PARTY OF THE SECOND PART’’ (which
expression shall unless repugnant to the context and ;meaning thereof be
deemed to mean and include their heirs, executors and administrators) of the
SECOND PART.
The VENDORS and the PURCHASERS are hereinafter
collectively lreferred to as the “PARTIES’ and individually as the “PARTY’’,
WHEREAS the VENDORS are seized and possessed of or
otherwise well and sufficiently entitled to Sub – Plot No._____total
admeasuring square meters (where by the carpet area of the Plot is ____
square meters and the undivided share in common area and road is ____
square meters) (admeasuring _____ square meters of land out of _______
Sqare meters of land of amalgaamate d Revenue Survey No.____) in the scheme
known as “_______’’, being developed on the Old Tenure Non Agricult ural
land situate, lying and being at Mouje: _______, Taluka:______, District:
________ and Registration Sub-District __________, bearing Amalgamated
Revenue Survey No ____ (comprised of Old Revenue Survey Nos,__, ____, and
____) comprised in the Town Planning Scheme No.____ (_______________)
being Final Plot No.___, more particularly described in the SCHEDULE
hereunde r writte n (hereinafter referred to as the “Said Property’’) and which
is hereby conveyed to the PURCHASERS under this Conveyance.
AND WHEREAS the land bearing Sub-Plot No.____ is forming
part of amalgamated Revenue Survey No._____ (Old evenue Survey
No.____,admeasuring ______ square meters, Old Revenue Survey No.____
admeasuring ____ square meters and old Revenue Survey No.___
admeasuring square meters) in total admeasuring _______ square meters, of
Mouje: _______, Taluka City and District ________.
AND WHEREAS the Old Revenue Survey Nos.____,and ___ were
owned by _______________ and _________, thereafter on DATE ________ a
partition took place between the two brothe rs viz _________ and
_____________ for the said landsome other lands, and as per the said partition
the land of Old Revenue Survey Nos______ and ____came to the share of
____________, the said facts are mentioned in the revenue records vide
mutation entry no.____date d ________.
AND WHEREAS the owners of the agricultural lands bearing Revenue
Survey Nos____and_____viz (1) ________________________________for self
and
as
a
legal
guardian
of
his
HUF,(2)_______________________________________for self and as a legal
guardian
of
his
minor
son___________(3)______________________(4)_________________________
______sold and conveyed the agricultural
lands in favour of
(1)______________________and(2)_________________________________by
a Dead of Conveyance dated _______, registered with the Sub Registrar of
Assurances at Serial No ______, the names of ________________ and
________________ have been entered in revenue records by mutation entry
No_____dated __________.
AND WHEREAS the Old Revenue Survey Nos.____________admeasuring
______square meters was purchased by _____ wd/o _______ on Date _______,
and since then she was the absolute owner of the said agricultural land.
AND WHEREAS the legal heirs of ______ viz.Owners of the said agricultural land
bearing Revenue Survey No.____________viz(1)___________________self and as
a
Karta
of
his
HUF,(2)____________________________(3)_________________________rrepres
ented by and throughhis power of attorney holder______________________sold
and conveyed the said agricultural land bearing Revenue Survey
No.________admeasuring______square
meters
in
favour
of
(1)___________________________________(2)___________________________by
a Deed of Conveyance dated_________registered with the Sub-Registrar of
Assurances at Serial No._______, the names of _________________ and
_____________________have been entered in revenue records by M utation entry
No._____dated __________.
AND WHEREAS
Thus____________________________and_________________________________
__________became the owners of the agricultural lands of Old Revenue Survey
Nos.___________and Old Revenue Survey Nos__________________square
meters) total admeasuring__________square meters, and thereafter, the said
agricultural lands were amalgamated and given New amalgamated Revenue
Survey No________________an order in this regard was duly passed by City
M amlatdar, _________, being his order No. R.T.S./Amalgamation/Vashi-_____
dated _________, the said facts were mentioned vide mutation entry
no._____dated _________.
AND WHEREAS the land of amalgamated Revenue Survey No._____was
converted into Non-Agricultural use i.e. residential use by the Collector _______,
vide his Order No.CB/JM N/N.A./S.R_______, dated _________, this mutation is
entered in revenue records by mutation entry no _____ dated ________.
AND WHEREAS the owners of the said amalgamated Revenue Survey No._____,
______________ and ______________ had desired to develop the said land by
promoting a scheme of residential plots and as they had no means, knowledge or
lexpertise to develop the said Land as residential scheme of plots, they appointe d
K.K. Foods Ltd. As a Project cosultant by an agreement dated ______, on the
terms and conditions recorded therein.
AND WHEREAS thereafter, layout plan with respect to sub division of lands into
plots, with provision of approach road and common plots was duluy approved by
The Senior Town Planner, ____________, vide his order No.______ dated ______.
AND WHEREAS Sub-Plot No______admeasuring about________square meters
(whereby the carpet area of the plot is ________square meters and the undivide d
share in common area and road is _____ square meters) (admeasuring ______
square meters of land out of _____square meters of land of amalgamated Revenue
Survey
no.__________)
was
sold
by
(1)___________________________________(2)_____________________________
(3)__________________________________________(4)______________________
___________________(the
VENDORS) Under a Deed of Conveyance
registered with the Sub-Registrar of Assurances at Serial No___ dated ______, the
said deed was confirmed by the developers _________,
AND
WHEREAS
the
amalgamated
Survey
No_______admeasuring______Square
meters, comprised in the Draft
TownPlanning Scheme no._______(_____________) and was allotted Final Plot
no._______admeasuring______square meters.
AND
WHEREAS
(1)____________________________________(2)______________________(3)____
_________________________ become the co-owners of the said Property and the
names as such have been entered in the revenue records as owners for Sub-plot
No_____of Amalgamated Revenue Survey No.____ by mutation entry no._____
dated ______, which was certified on _______,
AND WHEREAS the VENDORS have agreed to sell and the PURCHASERS
have agreed to purchase the said Property being__________total admeasuring
_____ square meters (whereby the carpet area of the plot is ______ square meters
of land out of ______ square meters of land of amalgamated Revenue Survey
no._____) in the scheme known as :_______.’’ Being developed on the Old Tenure
Non-Agricultural land situate, lying and being at M ouje: ______, Taluka: ______,
District ________ and
Registration Sub-District __________, bearing
Amalgamated Revenue Survey Nos.______ (comprised in the Town Planning
Scheme No._______________(______________) being Final plot No________ at a
total
consideration
of
Rs.____________________________________________________________and on
the terms and conditions contained hereinafter appearing.
AND WHEREAS the
PURCHASERS
have
now
requested
THE
VENDORS to execute a Deed of Conveyance of the said Property more
particularly described in the SCHEDULE hereunder in their favour, which the
VENDORS have agreed to do in the manner hereinafter appearing.
NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
UNDER:1.
2.
3.
4.
The VENDORS confirm and deciare that the non-agricultural land being
SUB-Plot
no._______________total
admeasuring___________________square meters (whereby the carpetg area
of the plot is ____________square meters and the undivided share in common
area and road is_______ square meters) ( admeasuring__________square
meters of land out of_______ square meters of land of amalgamated Revenue
Survey No._______) in the scheme known as___________, being developed on
the Old Tenure Non-Agricultural land situate, lying and being at M ouje
_______, Taluka :_____, District: _______ and Registration Sub-District
___________, bearing Amalgamated Revenue Nos.______________comprised
of Old Revenue Survey Nos________________________comprised in the
Town Planning Scheme no.__________ (___________________) being Final
Plot No._______more particularly described in the schedule hereundedr
written is collectively owned and possessed by the VENDORS.
AND WHEREAS have agreed to sell and the PURCHASERS have agreed to
purchase the said Land free from all encumbrances and doubts for a total
consideration of________________________________________
THE PURCHASERS
have agreed to purchase the said plot collectively
owned and possessed by the VENDORS with a clear and marketable title and free
from all charges and encumbrances for the said consideration and on the terms
and conditions contained herein
The Sale consideration agreed to be paid by the PURCHASERS To the
VENDORS is as under:
Sr
No
.
1
2
3.
4
Date
1
2
3
Cheque No./UTR
No.
Bank-Branch
__________
________
__________
__________
________
__________
__________
________
__________
Rs.______/-paid in favour of Dr.______________________________ (VENDOR
NO.1)AS TAX DEDUCTIBLE AT SOURCE (TDS)
TOTAL
1
2
3
Amount
(Rs.)
Rs.80,00,000/-
__________
________
__________
__________
________
__________
Rs._______/-paid in favour of Dr._______________ (VENDOR No.2) as Tax
Deductible at Source (TDS)
TOTAL
RS.40,00,000
__________
________
__________
__________
________
__________
Rs._______/- paid in favour of Dr.___________________ (VENDOR No.4)as Tax
Deductible at Source (TDS)
TOTAL= RS. ____________/- (Rs.____________ only)
Being the full consideration paid by the PURCHASERS to the vendors
(the receipt whereof the vendors
do and each of them doth hereby admit
and acknowledge and of and from the same and every part thereof do and
each of them doth.
Hereby acquit, release and exonerate the PURCHASERS forever), the
VENDORS do and each of them doth hereby grant, convey, assure, release
and transfer and deliver the vacant and peaceful possession to the
PURCHASERS of all that piece or parcel of Sub-PLOT No.______total
admeasuring___________square meters (whereby the carpet area of the plot
is _______square meters and the undivided share in common area and road
is __square meters) (admeasuring__________________ square meters of
land out of___________square meters of land of amalgamated Revenue
Survey No__________ in the scheme known as “________’’ being
developed on the old Tenure Non-Agricultural land situate, lying and being
at Mouje: _____, Taluka, _______, District:________ and Registration SubDistrict _________________, bearing Amalgamated Revenue Survey
No.______ (comprised of old Revenue Survey Nos.____, ___ and ___)
comprised in the Town Planning Scheme No.___ (______________) being
Final plot No._____ more particularly described in the SCHEDULE
hereunder written,
TOGETHER WITH all and singular all deeds and documents, writings,
vouchers and other evfidence of title relating to the said Land or any part
thereof.
AND TOGETHER WITH all paths, passages, water courses, ditches,
drains, lights, electric and telephone cables and connections, liberties,
easement, rights, privileges, advantages, members and appurtenances
whatsoever to the said Land belonging or in anywise appertaining to or with
the same or any part thereof now or at any time, hereto before usually held,
used, occupied or enjoyed or reputed or known as a part or member thereof
or appurtenant thereto AND ALL the estates, rights, title, interest, use,
possession,both at law and equity of the VENDORS into, out of or upon the
said Land and all benefits, claims and demands whatsoever on or upon the
said Land hereby granted, conveyed, transferred and assured or intended so
to be with every of their rights, members and appurtenances.
AND THAT the VENDORS shall be responsible for payment of all the
cesses, rates and taxes and other charges payable in respect of the said
Property up to the date of the execution of this Sale Deed/Deed of conveya nce
by the VENDORS in favour of the PURCHASERS in respect of the said
property and upon execution of this Deed of Conveyance/Sale Deed, the
PURCHASERS shall be responsible for payment of all the cesses, rates and
taxes and other charges payable in respect of the said Property viz. property
Tax, education cess, Land Revenue, common maiantenance, Turnover Tax
or payment of similar and/or of any other nature to the AUDA/AMC, Local,
State or Central Government or any other Public Authority.
AND THAT if in future any betterment charges, development charges or
common maintenance deposit are payable whether of past or of present than
the same shall be paid by the PURCHASERS only.
AND THAT
the lVENDORS doth hereby covenant, with the
PURCHASERS that notwithstanding any act, deed, matter or thing
whatsoever by the VENDORS or any person or persons lawfully or equitab ly
claiming or to claim by, from, under, through or in trust for the VENDORS
or any one or more of them made, done committed or omitted or knowingly
suffered to the contrary, the VENDORS have in themselves good right, full
power and absolute authority to grant, convey, rfelease and assure the said
Land being the same hereby granted, conveyed, released and assured or
intended so to be unto and to the use of the PURCHASERS in the manner
aforesaid.
AND THAT the VENDORS do and each of them doth hereby covenant with
the PURCHASERS that the purchasers shall at all times hereafter peacefully
and quietly be entitied to hold and own the said Land and rfemain in exclusive
occupation and enjoyment of the said Land and/or any part thereof in the
PURCHASERS’OWN right to hold, possess, occupy and enjoy the said Land
and/or any interference, disturbance, interruption, hindrance, claim or
demand whatsoever by, from through , under or in the trust for the
VENDORS or any other person or persons lawfully or equitably claiming by,
from , tghrough under or in trust for the VENDORS,
AND THAT free and clear and freely, clearly and absolutely acquitted
exonerated and forever discharged or otherwise by the VENDORS well and
sufficiently saved, defended and kept harmless and indemnified of from and
against all former and other estates, titles, charges and encumbrances
whatsoever had made executed occasioned or suffered by the VENDORS or
by any other person or persons lawfully or equitably claiming or to claim by
from under through or in trust for the VENDORS or any of them or any
person lor persons having lawfully equatably claiming any estate or intere st
whatsoever in the said Land or any part thereof from under through or in trust
for the VENDORS shall and will from time to time and at all times hereafter
at the request and cost of the PURCHASERS or any of them or of the person
or persons requiring the same claiming under them do and execute caused to
be done and executed all such further and other acts, deeds , matters, things,
conveyances, and asssurances in law whatsoever for the better and more
perfectly assuring the said Land and every part thereof UNTO and to the use
of the PURCHASERS in the manner aforesaid or its Counsel-in-Law shall
reasonably require,
AND THAT the VENDORS further agree and confirm as mentio ned
hereinunder:
a)
That the VENDORS in the manner as aforesaid is entitled to the said Land with
clear and marketable title, free from all encumbrances, and no other person or
persons has or have any right, title, interest, claim or demand of any nature
whatsoever into or upon the same by way of sale, mortgage, lease, exchange, gift,
possession, inheritation succession, maiantenance, leave and license basis ,
caretaker basis, right of way, easement right, benami, guarantee, partnership,
financier, developer, project consuitant, organizer, trust, tenant or otherwise,
b)
There is/are no other person or persons who has or have any right, title, interest,
claim or demand of any nature whatsoever into or upon the said Land or any lplart
thereof by way of sale, mortgage, lease, exchange, gift, possession, inheritance,
succession, maintenance, leave and license basis, caretaker basis, as tenant, right
of way, easement right, benami guarantee, partnership, financier, develop er,
project consultant, organizer, trust or otherwise.
c)
That the said Land is not the subject matter of any litigation nor is attached in
execution of any decress and that no acquisition proceedings are pending before
any authority whatsoever in respect thereof.
d)
That the VENDORS have not created any adverse rights or interests in respect of
the said Land whereby they are prevented from selling, transferring and conveying
the said Land in favour of the PURCHASERS, and theat there are no procedings
institute or pending against him before any Court or any Authority and that the
said Land is not subject to lis-pendens. Except on issue reletaed to resevation of
road, mentioned map of draft TOWN Planning for which an objection was also
reised by the VENDORS and other society nembers. Further on inquiring the
above mentioned issue at AUDA office the vendors were informed by AUDA
officials that the above mentioned issued shall be resolved at the time of finalizing
the Town Planning Scheme and the same shall not affect the said property.
e)
That there are no stamp duty procedings pending as on date in respect of any
instruments releating to previous/past transaction/s. No proceeding for recover y
of any dificent stamp duty are pending or no notice for the same is ever served
upon the VENDORS or his pre-decessors in title.
f)
That no notice from any public body or authority or any notice under any law has
been received or served upon the VENDORS or any predecessors – in –title in
respect of the said Land, whaich would prevent the VENDORS from selling,
transferring and conveying the said Land.
g)
That there is no injuction or any other Order from any Court, Tribunal, Collector,
Revenue Authority, Urban Development Authority, Municipal Corporation or any
direct or indiest Taxation Authority for any texes or dues on account whereof the
VENDOORS are disentitled
Conveying the said Land.
to or restained from selling, transferring or
h)
There is no order attachment by Income Tax Authorities and/or by any other
authorities under the law for the time being in force or any notice issued or likely
to be issued under Section 281 or any other provision of the Income Tax Act. There
is no direct or indirect tax or other liabilities that could have the effect or creating
any charge over the said Land (Statutoty or otherwise) in favour or any person or
Governmental Authority.
i)
The VENDORS hereby sell and convey the said Land to the PURCHSERS with
clear and marketable title, free from all encumbrances whatsover, with actual,
physical, vacant and peaceful possessio n of the said Land in accordance with the
representation and warranties contained herein.
j)
That at the time execution this Deed of Convenance, the VENDORS have handed
over to the PURCHASERS all revenue records and original title deed, in respect
of the said Land.
k)
That the VENDORS have not received any notice from Government, Central or
State or from Local Authority or from local body, either under the Epidemic
Disease Act, Land Acquisition Act, 1884 or under any other enactment or
ordinance for acquisition, requistition or otherwise in respect of the said Land or
part thereof.
l)
That over and above what is stated, no other legal impediment exist for the
sucedssful execution of this Deed of Conveyance and handing over the vacant and
peaceful possission of the said Land to the PURCHASERS.
AND THAT :- the VENDORS further agree and represent the upon
execution of this Deed of Conveyance and handing over of the vacant and
peaceful prossession of the said Land, the PURCHASERS shall be free to
deal with tht said Land, as demed fit by it at its sole discretion;
AND THAT :- the VENDORS further agree to execute and deliver all such
further documents and do all acts and things as may be reasonable required
to effectively carry on the full intent and meaning of this Deed of Coveyance
and the transaction contained herein;
AND THAT :- the VENDORS hereby further agree to indeminify and keep
indemnified the PURCHASERS from and against any and all loss, damages,
claims arising from or out of any representation, warranty, undertaking or
covenant hereby made/agreed/undertaken by the VENDORS, being or
turning out to be, false, untue, miselading, incorrect and/or breached or in
connection with the VENDOR’s negligence or willful default or the
representations ans warranties contained herein;
AND THAT the Parties agree that damages may not be and adequate remedy and the
Parties shall be entitled to also an injunction, restraining order, right for recovery, specific
performance or other equitable relief to restrain any breach or enforce the performance of
the convenants, representatiuons, warranties and obligations contained herein. These
injunctive and other remedies are cumulative and are in addition to any other rights and
remedies that the Parties May have at law or in equity, including without limitation a right
for damages and/or monetary compensation,
AND THAT the said Land sold or conveyed herein does not fall within the area designated as
conveyed herein does not fall within the area designated as “Disturbed Area’’ under the Gujarat
prohibition of Transfer of Immovable property and provisions for protection of Tenants from
Eviction from Premises in Disturbed Areas Act, 1991 and therefore no permission for its transfer
is required to be obtained,
AND THAT all the expenses of stampduty,registration charges,legal fees and all other out of
pocket expenses in respect of these presents hav been agreed to be borne and paid by the
PURCHASERS.
IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their hands and
seals to these presents the day and year first hedreinabove written.
SCHEDULE
(Description of the said Property)
All that piece and parcel of Sub-plot No_____total admeasuring ______square meters (whereby
the carpet area of the plot is ______square meters and the undivided share in common area and
road is______square meters) (admeasuring______square meters of land out of_____ square
meters of land of amalgamated Revenue Survey No.______)in the scheme known
as__________being developed on the old Tenure Non-Agricultural land situate, lying and being
at Mouje: _____, Taluka: _____, Distgrict:____ and Registration Sub-Distgr ict
________________, bearing Amalgamated Revenue Survey No_____(comprised of Old Revenue
Survey
Nos._____and____
comprised
in
the
Town
planning
Scheme
No______(_________________) being Final Plot No.____is bounded as under:
On or towards East
:
On or towards West
:
On or towards North
:
On or towards South
:
SIGNED, SEALED & DELIVERED BY
(THE LAND OWNERS)
IN THE PLRESENCE OF :
1.____________________________
2.____________________________
RECEIPT
Received of and from the PURCHASERS a sum of Rs. _______________ as earnest monty and
Rs.__________ as balance consideration money as mentioned in this Deed of Coveyance to be
paid by the PUCHASERS to us the VENDORS as within expressed.
We, (1)_______________
________________
______________________
________________
_____________________
________________
Say received
Witnesses :
1.______________
2.______________
SCHEDULE UNDER SECTION 32(A)OF THE REGISTRATION ACT
SIGNATURE, PHOTOGRAPH & THUMB IMPRESSION OF THE LAND OWNERS
NAM E & SIGNATURE
PHOTOGRAPH
THUMB IM PRESSION
SIGNATURE, PHOTOGRAPH & THUBM IM PRESSION OF THE PURCHASERS
NAME & SIGNATURE
PHOTOGRAPH
THUM B IM PRESSION