AGREEMENT TO SELL
This AGREEMENT TO SELL is made and executed at ____________ on this ____________, between:
1. ____________, ____________ ____________, resident of ____________;
hereinafter called the VENDOR (whether one or more, collectively the "VENDOR").
AND
1. ____________, ____________ ____________, resident of ____________;
hereinafter called the VENDEE (whether one or more, collectively the "VENDEE").
(The expression and word of the VENDOR and VENDEE shall mean and include their heirs, successions, assignees, nominees executors, administrators and legal representatives respectively).
WHEREAS the VENDOR is the lawful owner of a ____________ No. ____________, Block ____________, Sector ____________, Area ____________ Sq. Mtrs. Vide allotment No. ____________ in GREATER NOIDA, U.P. hereinafter referred as the PROPERTY.
Boundaries:
East: ____________
West: ____________
North: ____________
South: ____________
TERMS AND CONDITIONS
1. Agreement to Sell: That the Seller has agreed to sell and the Purchaser has agreed to purchase the above-mentioned property for the total sale consideration and on the terms and conditions mentioned herein.
2. Total Sale Consideration: That the total sale consideration of the property has been mutually settled at ₹ ____________/- (Rupees ____________ Only).
3. Earnest Money/Advance: That the Purchaser has paid ₹ ____________/- to the Seller as earnest money/advance towards the sale consideration.
4. Mode of Payment: The amount paid under this Agreement has been/will be paid through ____________ or other lawful mode as follows:
Payment Details: ____________
Transaction/UTR/Cheque No.: ____________
Payment Date: ____________
5. Balance Sale Consideration: The remaining balance amount of ₹ ____________/- shall be paid by the Purchaser to the Seller at or before the execution and registration of the final Sale Deed.
6. Time for Completion: The final Sale Deed shall be executed and registered on or before ____________, unless the Parties mutually extend the said period in writing.
7. Title of Property: The Seller declares that he/she is the lawful owner of the property and has complete right, title and authority to sell and transfer the same.
8. Encumbrance-Free Property: The Seller declares that the property is free from any mortgage, lien, charge, attachment, acquisition proceedings, lease, gift, prior sale, agreement to sell or other encumbrance, except as specifically disclosed herein: ____________
9. Litigation: The Seller declares that no suit, litigation, dispute, claim or legal proceeding concerning the property is pending before any court, authority or tribunal, except: ____________
10. Third-Party Rights: The Seller shall not create any third-party right, interest, charge, mortgage, lease, sale, gift or other encumbrance over the property after execution of this Agreement.
11. Verification of Documents: The Purchaser shall have the right to verify the title documents, ownership documents, revenue records, approved plans and other relevant documents relating to the property.
12. Production of Original Documents: The Seller shall produce the original title and other relevant property documents before the Purchaser/concerned authority as and when required for verification and registration.
13. Government Dues: All property tax, house tax, electricity dues, water charges, maintenance charges and other liabilities relating to the property up to the date of execution of the Sale Deed shall be cleared by the Seller.
Government Dues Details: ____________
14. Future Dues: All taxes, charges, electricity/water bills and other liabilities arising after the date of transfer/possession shall be borne by the Purchaser.
15. Possession: The Seller shall hand over vacant, peaceful and physical possession of the property to the Purchaser at the time of execution and registration of the Sale Deed, unless otherwise agreed in writing.
Possession Date: ____________
Possession Terms: ____________
16. Registration of Sale Deed: The Seller shall remain present before the concerned Sub-Registrar/competent authority and shall execute all necessary documents for registration of the Sale Deed in favour of the Purchaser.
17. Stamp Duty and Registration Charges: The applicable stamp duty, registration fee and other registration expenses shall be borne by: ____________
18. Brokerage/Commission: Any brokerage or commission payable in relation to this transaction shall be borne by: ____________
Broker Name: ____________
Brokerage Amount: ₹ ____________/-
19. No Further Sale: After execution of this Agreement, the Seller shall not sell, transfer, assign or otherwise deal with the property in favour of any other person.
20. Default by Seller: If the Seller refuses or fails to complete the sale after receiving the agreed amount, the Purchaser shall have the right to seek appropriate remedies available under law, including specific performance, refund and/or other lawful relief. ____________
21. Default by Purchaser: If the Purchaser fails to complete the transaction within the agreed period despite the Seller being ready and willing to perform his/her obligations, the consequences shall be as mutually agreed between the Parties, subject to applicable law: ____________
22. Refund/Forfeiture: In case of cancellation/default, the treatment of the earnest money shall be as follows: ____________
Refund Amount: ₹ ____________/-
Forfeiture Amount: ₹ ____________/-
23. Extension of Time: Any extension of the agreed period for execution of the Sale Deed shall be valid only when mutually agreed by the Parties in writing. ____________
24. Indemnity: The Seller shall indemnify and keep indemnified the Purchaser against any loss, claim, liability, demand or legal proceeding arising due to any defect in the Seller's title or any undisclosed encumbrance/claim existing prior to the transfer.
25. Mutation and Transfer: After registration of the Sale Deed, the Purchaser shall be entitled to apply for mutation/transfer of the property in the relevant government, municipal, revenue or other records.
26. Utilities and Connections: The Seller shall cooperate in transferring electricity, water, sewerage, maintenance and other applicable connections/records relating to the property in favour of the Purchaser, wherever applicable.
27. No Objection: The Seller shall obtain/provide all necessary No Objection Certificates, permissions, clearances or other documents required for lawful completion of the transaction, wherever applicable.
NOC / Permission Details: ____________
28. Voluntary Execution: Both Parties declare that they have entered into this Agreement voluntarily, after understanding its contents and legal implications, and that the Agreement has not been executed under force, fraud, coercion, undue influence or misrepresentation.
29. Dispute and Jurisdiction: Any dispute arising out of or in connection with this Agreement shall be resolved mutually as far as possible. Failing such settlement, the competent courts having jurisdiction over the property shall have jurisdiction in accordance with law.
30. Binding Effect: This Agreement shall be binding upon the Parties and their respective legal heirs, successors, representatives and permitted assigns, subject to applicable law.
ADDITIONAL TERMS, IF ANY
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DECLARATION
The Parties hereby confirm that all the particulars of the property, consideration, payments and other terms mentioned in this Agreement are true and correct to the best of their knowledge and belief. Both Parties have read and understood the contents of this Agreement and have signed the same in the presence of the witnesses mentioned below.
IN WITNESS WHEREOF, the Parties have signed this Agreement to Sell on the date and place mentioned above.
WITNESSES
1. ____________
____________
____________
____________: ____________
2. ____________
____________
____________
____________: ____________
SIGNATURES
VENDOR(S):
1. ____________ — Signature: ____________ Date: ____________
VENDEE(S):
1. ____________ — Signature: ____________ Date: ____________
