Deed of Lease to Member of Co-operative Housing Society

THIS DEED OF LEASE is made at …………...…………..…. this .…………….. day of .……………..  Between ..………………… Co-operative Housing Society Ltd., a Society registered under the Co-operative Societies Act and having its office at ……………………… hereinafter called 'The Lessor' (which expression shall unless repugnant to the context of meaning thereof be deem to include executors, administrator, representative and assigns) of the One Part; and Mr. ………………………….. residing at ………………….. hereinafter called 'The Lessee'  (which expression shall unless repugnant to the context of meaning thereof be deem to include his heirs, executors, administrator and assigns) of the Other Part;
 
WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to a large piece of land situated at .……………….. and particularly described in the First Schedule hereunder written. AND WHEREAS the Lessee is one of the members of the Society and the Lessor has allotted to him a plot of land bearing No. ……..………., the lessee having contributed proportionately to the fund required for purchasing the said land alongwith the other members of the Lessor. AND WHEREAS the Lessor has divided the said land into several plots with internal roads and other amenities with the intention to allot one plot to each member of the Lessor to enable the member to build a Bungalow thereon for his personal residence. AND WHEREAS the Lessee has now requested the Lessor to execute this deed granting a lease of the said plot No. .………….. to the Lessee in accordance with the Bye-laws of the Lessor and which the Lessor has agreed to do. 

NOW THIS AGREEMENT WITNESSETH and it hereby agreed by and between the parties hereto as under :

1. In pursuance of the said agreement and in consideration of the nominal rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that the said Plot of land No. .………. described particularly in the Second Schedule hereunder written and forming part of the said land described in the First Schedule hereunder written (and which plot is hereinafter for the brevity's sake referred to as the demised plot) to hold the demised plot unto the Lessee  for a term of ……… years, commencing from the 1st day of .………… 20……. but subject to the earlier determination of this demise as hereinafter provided and yielding and paying therefor during the said term the nominal yearly ground rent of Rs……. One free and clear of all deductions and strictly in advance on or before the 5th day of each year, the first of such rent shall be paid on the 5th day of .……………. and the subsequent rent to be paid on or before the 5th day of that month of every succeeding year regularly.

2. The Lessee hereby for himself, his heirs, executors and administrators and to the intent that the obligations herein contained shall continue throughout the term hereby created covenants with the Lessor as follows :-

(a) To pay the ground rent hereby reserved on the days and in the manner aforesaid clear of all deductions.

(b) To pay every month such amount by way of maintenance charges as the Lessor or its Managing Committee may decide from time to time, as his contribution to the maintenance of the layout of the said plots including charges for providing electricity, water and maintenance of internal roads, wages and salaries of watchman and other employees of the Lessor.  If the Lessee fails to pay the monthly maintenance charge on the said due date for payment of monthly rent the Lessee shall pay interest thereon at the rate of .…….% per annum from the due date till payment,  though the payment of interest shall not entitle the Lessee to make default in payment of such dues on due dates or disentitle the Lessor to determine the Lease for breach of this term.

(c) To bear and pay and discharge the existing and future rates, taxes, and assessment duties, cess, impositions, outgoings and burdens whatsoever which may at any time or from time to time during the term hereby created be imposed or charged upon the demised plot (except the land revenue payable to the Government) and the building to be erected thereon as hereinafter provided and for the time being standing on the demised land and payable either by the owners, occupiers or tenants thereof and to keep the Lessor and its estate and effects indemnified against all such payment.

(d) The Lessee shall, within a period of one year from the date hereof construct a Bungalow on the demised plot having only a ground floor .……………..  The outer design of the Bungalow will be the same as prescribed by the Lessor in its scheme for the said layout and the outer colour, design/scheme will be the same as laid down by the Lessor.  The internal accommodation may be such as the Lessee may desire.  The plan of the Bungalow will be got approved by the Lessor and the Municipal Corporation (Council ) of the area.  No construction work will be started unless the plans are so approved.

(e) The Lessee will construct the Bungalow at his own costs, risk and responsibility and shall indemnify and keep indemnified the Lessor against all losses, costs, charges and expenses that the Lessor may incur or suffer on account of any claim made against the Lessor in respect of and in connection with such construction.

(f) The Lessee shall carry out the work of construction according to the rules and regulation of the local authorities and without causing any damage to the adjacent plot holder or any nuisance or annoyance to the neighbouring occupants.
 
(g) The Lessee will keep the Bungalow on the demised plot in good and tenantable repairs at his own costs.
 
(h) The Lessee shall not carry out any structural additions and alterations to the said Bungalow without the prior consent of the Lessor.
 
(i) The Lessee shall also maintain a garden on the remaining open area of the demised plot in a good condition without causing any nuisance or annoyance to the occupants of the adjacent plots.  
 
(j) The Lessee shall not sell or dispose of any earth, gravel or sand from the demised plot and not excavate the same except so far as may be necessary for the execution of the construction work.
 
(k) The Lessee shall use the Bungalow for the personal residence of the Lessee and members of his family and shall not let out or give on leave and Licence basis the same or any part thereof to any other person without the prior consent of the Lessor and which consent may be given on such terms and conditions as the Lessor may think fit.

(l) The Lessee shall observe and perform all the Bye-laws of the Lessor and the decision or resolutions of the Lessor or its Managing Committee in connection with the maintenance, use and occupation of the said demised plot and the Bungalow thereon.
 
(m) The Lessee shall comply with or carry out all the notices that he or the Lessor may receive from the local authority in respect of the said plot and the bungalow at his own costs and shall observe the rules and regulations of such authority and keep the Lessor indemnified against any loss on account thereof.
 
3. The Lessor doth hereby covenants with the Lessee that :
 
(a) The Lessor now has in itself good right, full power and absolute authority to demise unto the Lessee the demised plot and the building standing thereon in the manner herein appearing;
 
(b) The land revenue payable to the Government in respect of the said demised plot will be paid by the lessor regularly.
 
(c) That on the Lessee, paying the said monthly ground rent and monthly maintenance charges and the outgoings on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions, and stipulations herein contained and on his part to be observed and performed, shall and may peaceably and quietly hold, possess and enjoy the demised plot together with the Bungalow standing thereon during the term hereby created without any eviction, interruption, disturbance, claim and demand whatsoever by the Lessor or any person or persons lawfully or equitably claiming by, from, under or in trust for it.

4. It is hereby agreed and declared that these presents are granted on the express condition that if the said monthly ground rent or maintenance charges and the outgoings or any part thereof payable in the manner hereinbefore mentioned shall be in arrears for the space of three months after the same shall have become due and payable on any of the said days whereon the same ought to be paid as aforesaid whether the same shall or shall not be legally demanded or if any of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed and performed by the Lessee or if the Lessee is adjudged insolvent, or ceases to be a member of the Lessor for any reason then and in any such event it shall be lawful for the Lessor or any person or persons duly authorised by it in that behalf at any time hereafter to enter into and upon the demised plot and the Bungalow thereon on any part or parts thereof in the name of the whole and the same to have, possess and enjoy and thereupon this demise shall absolutely determine but with prejudice to the right of action of the Lessor in respect of any breach of any of the covenants by the Lessee herein contained PROVIDED ALWAYS that, no re-entry shall be made under the foregoing power for breach of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed (save and except the covenant for payment of rent and maintenance charges) unless and until the Lessor shall have given to the Lessee a notice in writing specifying the covenants and conditions or stipulations which require to be complied with or carried out and the Lessee shall have failed to comply with or carry out the same within one month from the date of the receipt of such notice.

5. AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS:

(a) On the expiration of the term hereby created or earlier determination of this Lease under the provision hereof the Bungalow standing on the demised plot shall automatically vest in the Lessor but the Lessor shall pay to the Lessee the highest price that may be offered by any person, acceptable to the Lessor as a transferee in place of the Lessee and for that purpose the Lessor will invite offers privately or publicly.
 
(b) The Lessee shall not be entitled, without obtaining the prior written permission of the Lessor, to assign, mortgage, sublet or otherwise part with possession of the demised plot or any part thereof and the Bungalow thereon or any part thereof and such permission may be granted on such terms and conditions as laid down by the Bye-Laws of the Lessor or as may be decided by the Lessor.

(c) The powers of the Lessor under these presents may be exercised by the Lessor in its General Meeting or by the Managing Committee of the Lessor.

IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands and seal the date and year first hereinabove written.
 
THE FIRST SCHEDULE 

THE SECOND SCHEDULE 

The common seal of the said			)
Co-operative Housing				)
Society is hereto affixed pursuant		) 		
to the Resolution of the Managing		)

Committee dated ... in the presence of	)
(1) …………. Chairman.			)
(2) …………. Hon. Secretary, and		)
(3) ………….Member of the			)		
Managing Committee, duly authorised	)
by the said Resolution and who in 		)
token thereof have put their hands 		)
opposite in the presence of ...			)

Signed and delivered by the			)
withinnamed Lessee, Mr. ……..		)
in the presence of				)