Real Estate Sale Agreement between ABC Investments Ltd and XYZ & PQR, Study notes of Legal Argumentation Theory

Download Real Estate Sale Agreement between ABC Investments Ltd and XYZ & PQR and more Study notes Legal Argumentation Theory in PDF only on Docsity! Conveyance of Immovable Property THIS INDENTURE made at this day of in the Christian Year, Two thousand BETWEEN M/S. ABC INVESTMENTS LTD., a Company incorporated under the provisions of the Companies Act 1956 having its registered office at , hereinafter referred to as “THE VENDOR” (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 (1) XYZ, and (2) PQR, both of Indian Inhabitants having their address at (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, Executors and Administrators) hereinafter collectively referred to as “THE PURCHASERS” of the OTHER PART; WHEREAS:— (a) The Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the plot of land bearing Survey No. C.T.S. Nos. admeasuring approx. sq.yds. equivalent to sq.mts. or thereabouts situate at together with structures standing thereon and more particularly described in the First Schedule hereunder written and delineated on the plan thereof hereto annexed and shown with red colour boundary line thereon and hereafter referred to as “the said property”. (b) The Vendor under an agreement dated has agreed to sell, convey and transfer to the Purchasers and the Purchasers have agreed to purchase and acquire the said property from the Vendor at or for the total lump sum _ price of Rs. /- (Rupees only) in fee simple and the inheritance thereof in possession free from any encumbrances whatsoever and on the other terms and conditions recorded therein. (c) The Vendor being the absolute owner of the said property is executing the present Indenture of Conveyance in accordance with the aforesaid agreement with the purchasers. NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) paid on or about the day of 200. as earnest money on execution of the said agreement for sale as hereinabove recited and Rs. /- (Rupees only) paid on execution hereof making in the aggregate sum of Rs. /- (Rupees only) paid by the Purchasers to the Vendor on or before execution of these presents being the full consideration money agreed to be paid as aforesaid (the receipt whereof the Vendor doth hereby admit and acknowledge and of and from the same and every part thereof for ever acquit release and discharge the purchasers ) the Vendor doth hereby grant, sell, convey, transfer and assure unto the Purchasers free from any encumbrances and reasonable doubts ALL THAT piece or parcel of land or ground with the messuages hereditaments and premises in fee simple _ situate at bearing Survey No. and possess and enjoy the said premises hereby granted conveyed transferred and assured with their appurtenances and receive the rents issues and profits thereof and of every part thereof to and for their own use and benefit without any suit or lawful eviction, interruption, claim and demand whatsoever from or by the Vendor or its successors and Assigns or any of them from or by any person lawfully or equitably claiming or to claim by from under or in trust for them (iv) Against encumbrances (v) AND THAT free and clear and freely and clearly and absolutely acquitted exonerated released and for ever discharged or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all former and other estates title charge and encumbrances whatsoever either already or hereafter had made executed occasioned or suffered by the Vendor or by any other person or persons lawfully or equitably claiming or to claim by from under or in trust for them. For further Assurance AND FURTHER that they the Vendor and all persons having or lawfully or equitably claiming any estate, right, title or interest at law or in equity in the said premises hereby granted conveyed transferred and assured or any part thereof by from under or in trust for them the Vendor and its successors shall and will from time to time and at all times hereafter at the request and cost of the Purchasers do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, matters and things conveyances and assurances in law whatsoever for the better further and more perfectly and absolutely granting unto and to the (v) use of the purchasers in manner aforesaid as shall or may be reasonably required by the Purchasers their heirs, executors, Administrators or assigns or their Counsel in law for assuring the said premises and every part thereof hereby granted conveyed transferred and assured unto and to the use of the purchasers in manner aforesaid. OR Restricted Covenants (if the Vendor are Trustees, Executors and Administrators) AND the Vendor so far as relates to its own acts and deeds only but not further or otherwise doth hereby covenant with the Purchasers that the Vendor has not at any time heretofore made, done, executed, omitted or knowingly or willingly permitted, suffered or been party or privy to any act, deed, matter or thing whereby or by reason or means whereof the Vendor is prevented from conveying, transferring and assuring the said premises in manner aforesaid or whereby or by reason or means whereof the same or any part thereof are can, shall or may be charged encumbered, impeached or prejudicially affected in estate title or otherwise howsoever. Covenant for production of title deeds by the Vendor. AND the Vendor hereby covenants with the Purchasers that the Vendor shall and will unless prevented by fire or some other inevitable accident from time to time and at all times hereafter upon every reasonable request and at the cost of the Purchasers or any person or persons having or lawfully or equitably claiming through under or in trust for the Purchasers their heirs, executors, Administrators or assigns produce or cause to be produced to them or their Advocates or Solicitors or agents or at any trial hearing commission or examination or otherwise as occasion shall require all or any of the deeds and writings comprised in the Second Schedule hereto (which relate as well to the said premises as to other land hereditaments and properties belonging to the Vendor and the possession of which documents is retained by the Vendor) for the purpose of showing its title to the said premises described in the First Schedule hereunder written or any part thereof and will permit the same to be examined, inspected or given in evidence AND will also at the like request and cost of the Purchasers or any such other person or persons as aforesaid deliver or cause to be delivered to them such attested or other copies or abstracts of or extracts from the said deeds and writings or any of them as they may require AND shall and will in the meantime unless prevented as aforesaid keep the said deeds and writings safe unobliterated and uncancelled PROVIDED ALWAYS and it is hereby declared that in case the Vendor or its successors or assigns shall deliver the said deeds and writings or any of them to any future Purchaser or Purchasers of any hereditaments to which the same may relate or to any other person or persons for the time being entitled to the custody of the said deeds and writings and shall thereupon at its own costs and charges procure such purchaser or purchasers person or persons to enter into a covenant with their Purchasers their heirs executors Administrators or assigns/covenant similar in all respects to the covenant hereinbefore contained then and in such case and immediately thereupon the said last mentioned covenant shall cease and become void and be null and void so far as regards the deeds and writings to which the said substituted covenant shall relate AND the Vendor doth hereby declare that the premises hereby conveyed