Deed of (Transfer of) Apartment

THIS DEED OF APARTMENT is made at………….this………..day Of…………. between A of………………hereinafter referred to as "the Vendor" of the One Part, and B of…………….hereinafter referred to as "the Purchaser" of the Other Part;
WHEREAS -
1. The Vendor proposed to develop his plot of land situate at……….and more particularly described in the First Schedule hereunder written. 
2. The Vendor proposed to develop the plot of land by putting a new building thereon as per the building plans hereto annexed and to sell the flats in the building on Apartment Ownership basis.
3. By an Agreement for Sale dated…………made between the Vendor of the One Part and the Purchaser of the Other Part the Vendor agreed to purchase from the Vendor a residential flat in the said proposed building, and bearing No………of the……….floor consisting of……..rooms and having a carpet area of…………………..sq. feet, more particularly described in the Second
Schedule hereunder written at the price of Rs………………..
4. The Purchaser has examined the title of the Vendor to the said property and has seen the documents of title and is satisfied with the Vendor's title to the said property.
5. The Vendor declares that the said property is free from encumbrances and except himself no other person has any right, title and interest or claim in the plot of land and the building thereon.
6. The title of the Vendor to the said property has been certified to be marketable by M/s Advocates and a copy of the said certificate is hereto annexed and marked 'A".
7. The Purchaser declares that he has taken inspection of the plans and specifications of the proposed construction and which have been approved by Municipal Corporation.
8. The Vendor has constructed on the said plot of land more particularly described in the First Schedule hereunder written a new building which will be known as…….Apartments according to the plans which have been duly approved by the Executive Engineer, Building proposal of the Municipal Corporation of……….vide No………..
9. As per the said building plans, the said new building consists of ground and…..upper floors, in all consisting of…………self contained and independent dwelling units/apartments having common service facilities.
10. The Vendor has completed construction of the said new building in all respects as per the plans sanctioned by the Municipal Corporation for…….and as per the Municipal rules and regulations and have obtained Occupation/Completion Certificate and all necessary certificates required by law. 
11. A copy of the relevant floor plans of the building filed under sub section 2 of section 13 of the Maharashtra Apartment Ownership Act of 1970 and a Certificate of the Architect as required by section 7(1) of the said Act of 1970 have been annexed hereto and marked by Letters 'B' and 'C respectively.
12. The Vendor has received from the Purchaser the said sum of Rs. .(Rupees) in full payment of the price of the said flat before these presents.
13. By a Declaration as required by section II of the Maharashtra Apartment Ownership Act, 1970 (hereinafter called the said Act) executed by the Vendor on the………day of…………..and lodged for registration under Serial No…….of Book No. 1 on the…………..day of………….under the Indian Registration Act 1908 and true copies whereof…….have been filed with the Registrar of Co-operative Societies being the Competent Authority under the said Act of 1970 on the……………….day of………. the Vendor has submitted the said building known as….Apartments together with the said piece of land to the provisions of the said Act of 1970.
14. This Deed of Apartment is being executed pursuant to and for the purpose of the Maharashtra Apartment Ownership Act. 1970. 
15. The Purchaser has agreed to bear and pay the Stamp duty and Registration charges of this Deed of Apartment.
NOW THIS DEED WITNESSETH that in pursuance of the said Agreement and in consideration of the said sum of Rs……………..(Rupees ) paid before the execution of these presents to the Vendor by the Purchaser (the payment and receipt whereof the Vendor hereby admits] He the Vendor doth hereby grant,  and transfer by way of sale unto the Purchaser for ever all that the said Apartment being Flat No…………..on ……………….floor (and delineated on the plan thereof hereto annexed and thereon shown surrounded by red coloured boundary lines)   in the said building known as………………………..Apartments standing on the  Plot No. ....  situated at……………………….in the Registration Sub-District of…………………..and more particularly described in the First Schedule hereunder written and which said Apartment is more particularly described in the Second Schedule hereunder written and delineated on the plan (with Architect's Certificate of the floor area of the said Building) hereto annexed (hereinafter referred to as the 'said Apartment') together with (1) per cent undivided interest appurtenant to the said Apartment in the common areas and facilities (as defined in section 3(f) read with section 6 of the said Act of 1970) of the said piece of land more particularly described in the First Schedule hereunder written and the said building, and (2) percent of the undivided interest in the limited common areas and facilities as defined in section 3(n) of the said Act of 1970 being the same as are specified in the said declaration dated the…………day of…………………….
And together with all the appurtenances belonging to or in anywise appurtaining to or with the same or any part thereof usually held, used, occupied or enjoyed or reputed or known as part or member thereof or be appurtenant thereto (and the said Flat and the other premises hereby granted as aforesaid are hereinafter referred to as "the said premises"] and all the estate, right, title interest, use, inheritance, property, possession benefit, claim and demand whatsoever of the Vendor into out of or upon the said premises or any part thereof TO HAVE AND TO HOLD the said premises hereby granted, and sold, or intended so to be with their and every of their rights, members and appurtenances unto and to the use and benefit of the Purchaser for ever to be held as heritable and transferable immoveable property within the meaning of any law for the time being in force, subject to the provisions of the Maharashtra Apartments Ownership Act, 1970, the said Declaration dated	and the Exhibit "B' attached thereto being bye -laws of the Condominium and all the rules and regulations and agreements lawfully made and/or entered into and/or that may be entered into pursuant to the provisions or the aforesaid Act, Declaration and bye-laws and also subject to the payments of all rents, taxes, assessment, rates, dues and duties, now chargeable upon the same or which may hereafter become payable in respect thereof to the Government of Maharashtra,
Municipal Corporation, of……………and any other concerned Authorities and subject to the condition that the said flat or apartment will be used only for residential/commercial purpose and no other.
AND the Vendor doth hereby for himself and his heirs, executors and administrators covenant with the Purchaser that (a) he the Vendor now has in himself good right, full power and absolute authority to grant, and sell the said premises hereby granted and sold or intended so to be unto and to the use of the Purchaser in manner aforesaid, (b) the Purchaser shall and may at all times hereafter peaceably and quietly enter upon, hold, occupy, possess and enjoy exclusively the said premises hereby granted or expressed so to be with the said appurtenances and receive the rents issues income and profits thereof and of every part thereof for his own use and benefit without any suit, lawful, eviction, interruption and claim and demand whatsoever from or by the Vendor or any person or persons lawfully claiming or to claim by, from, under or in trust for the Vendor and all persons having or lawfully claiming any estate right or interest whatsoever at law in the said premises hereby granted, sold, expressed so to be by, from, under or in trust for the Vendor And (c) the said premises are free and clear and freely and clearly and absolutely and forever released and discharged or otherwise by the Vendor and well and sufficiently saved, kept harmless and indemnified of, from and against all former and other estate, title charges and encumbrances whatsoever had made executed occasioned or suffered by the Vendor or any other person or persons lawfully claiming or to claim by. from, under or in trust for the Vendor,  and (d) the Vendor shall and will from time to time and at all times, hereafter at the request and costs of the Purchaser do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, things, matters, conveyances and assurances in the law whatsoever for the better further and more perfectly and absolutely granting the said premises hereby granted and sold unto and to the use of the Purchaser in manner aforesaid as by the Purchaser or his Counsel in law shall be reasonably required,
AND the Purchaser for himself his heirs, executors, administrators and assigns doth hereby covenant with the Vendor and/or other co-owners of the other units in the said building that (a) the Purchaser shall abide by the bye-laws of the said Condominium and shall bear and pay his proportionate share or part in the common expenses (as defined in section 3[g] of the said Act of 1970] required of him to be paid as his share of expenses as required by the Association of the Apartment owners being…………condominium, (b) shall use the said flat or apartment for residential/ commercial purpose only and for no other purpose, (c) the Purchaser shall not do any work which would jeopardise the soundness or safety of the property, reduce the value thereof or impair any easement nor shall the Purchaser add any material structure or excavate any additional basement or cellor without, in every such case, the unanimous consent of all the other apartment owners in the said condominium being first obtained.
And the Vendor doth hereby covenant with the Purchaser that he the Vendor 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 costs of the Purchaser produce or cause to be produced to the Purchaser or his advocate or agent or at any trial, commission, examination or otherwise as occasion shall require all or any of the deeds and writings comprised in the Third Schedule hereunder written for the purpose of showing his title to the said land, and premises described in the First and Second Schedules hereunderwritten and also at the like request and costs, deliver or cause to be delivered unto the Purchaser such attested or other copies or extracts of and from the said Deeds and writings or any of them as the Purchaser may require and will in the meantime, unless prevented as aforesaid keep the said Deeds and writings safe unobliterated and uncancelled. AND IT IS HEREBY declared and agreed that in case the said Deeds and writings hereinbefore covenanted to be produced or any of them shall at any time hereafter be delivered by the Vendor to any other person or persons he shall thereupon enter into with and deliver to the person or persons for the time being entitled to the benefit of the covenant for production hereinbefore contained and without expenses to him, a covenant for the production and furnishing copies of the said Deeds and writings which shall have been so delivered up, similar to the covenant hereinbefore contained then and in such case the said last mentioned covenant shall forthwith be null and void so far as regards the deeds and writings to which the said substituted covenant shall relate.
IN WITNESS WHEREOF the Vendor and the Purchaser hereto have hereunto put their respective signatures on the day and year first hereina-bove written.
THE FIRST SCHEDULE ABOVE REFERRED TO
x	x	xx
THE SECOND SCHEDULE ABOVE REFERRED TO
ALL those premises being a Flat bearing No……….on the ………… floor of the Building known as………….Apartments standing on the Plot No……..described in the First Schedule above and which Flat has a carpet area of .... square feet and is delineated on the plan hereto annexed marked 'D'.
THE THIRD SCHEDULE ABOVE REFERRED TO :
xxxx
Signed and delivered by the
withinnamed  Vendor	
in the presence of……………..

Signed by the withinnamed
Purchaser 
in the presence of………………