AGREEMENT TO SELL AND PURCHASE (BAYANA)

This Agreement to Sell is made and executed at New Delhi on XXXX  between  SH. XXXX S/O SH. XXXX, hereinafter called the first Party/Seller)

AND

MS. XXXX , hereinafter called the second/ PURCHASER)

The expressions of the first & second party shall mean and include their respective legal heirs, successors, executors, administrators, representatives and assignees.

Whereas the first party is the true, absolute owner of Built-Up property bearing No. XXXX  , DELHI-XXXX.

And whereas now the first party/SELLER for his own bonafide needs and requirement has agreed to sell the above mentioned property, to the second party, purchaser. And whereas the total sale consideration amount agreed between both the parties is Rs.XXXX /- (XXXX ) And the second party has agreed to purchase property the same. Out of the total sale consideration amount, the second party/purchaser has paid a sum of Rs.XXXX/- (XXXX), Rs.XXXX/- (Rs. XXXX) today on XXXX and Rs.XXXX/- (Rs. XXXX) already received more than a month back in the month of January XXXX.

NOW THIS EARNEST MONEY RECIEPT WITNESSETH AS UNDER

1.         That XXXX is the date fixed and final day. On or before this day the second party shall pay the balance sale consideration amount of Rs.XXXX/- (Rs. XXXX) to the first party and in lieu of the same the first party will the peaceful, vacant and physical possession of the      said property under sale to the second party and will also execute the sale deed/Sale Documents in respect of the said property in favour of the second party, or in the name of his nominee/s.

2.                  That in case the first party fails to perform his part of the contract as per clause I above, then the second party shall remain free either to accept the double of the earnest money amount form the first party fails to perform this performance, and similarly if the second party fails to perform this part of the contract as per clause I above then the entire earnest money amount paid by the second party to the first party shall stand forfeited by the first party, and deal will come to an end but in case the second could not get the loan amount of Rs. XXXX/- (Rs. XXXX (bayana) then the first party will return the Bayana amount of Rs. XXXX/- (XXXX) to the second party.

3.                  That the first party assures the second party that the aforesaid property under sale is free all sorts of encumbrances, charges or lien such as sale, mortgage, gift, court decree, attachment, notification, litigation, stay order and disputes and acquisition charges and liens, surety and security or any other registered or un-registered encumbrances and if this fact is found otherwise i.e. if the title of the first party in respect of the said property should not clear, as a result of which apart or whole of the aforesaid property goes out from the hand of the second party, the first party will be liable and responsible to indemnify the loss thus suffered by the second party.

4.                  That all previous arrears of house tax, water, electricity charges, and/ or other liabilities of all mean in respect of the said property under sale, as on the date of execution of the sale Deed/Sale documents will be paid by the first party.

5.                  That the second party shall be fully entitled to purchase the said property under sale in his own name or in the name of his nominee/s.

6.                  That all the expenses of stamp papers, registration fees, shall be borne and payable by the second party/purchaser.

7.                  That the first party has handed over the vacant physical possession of the premises to the second party and will hand over all the previous original ownership  document, in respect of the said property under sale to the second party at the time of finalization of the deal.

8.                  This agreement to sell is final and irrevocable and has been signed by both parties after duly reading and understanding the contents. This agreement shall remain binding on both the parties and their  respective legal heirs.

9.                  That both the parties have signed on this agreement to sell, and purchase earnest money/ Bayana Receipt with their sound mind, good health, without force and side.

IN WITNESS WHEREOF THIS AGREEMENT TO SELL & PURCHASE IS MADE AT NEW DELHI, in the presence of following witnesses, and the parties & witnesses have also signed this agreement with their sound mind, good health without force from any side and also without the influence of intoxicants.

WITNESS :                                                                                       FIRST PARTY/SELLER

       1.

       2.                                                                                              SECOND PARTY/PURCHASER