Transfer Deed Legal Draft Template

TRANSFER DEED

THIS DEED OF TRANSFER is made at (city) this

day of , 20_, BETWEEN : Indian

Inhabitant residing at ,

(city), hereinafter referred to as "THE TRANSFEROR" (which expression

shall, unless it be repugnant to the context or meaning thereof be deemed

to include her heirs, executors and administrators) of the ONE PART and

, Indian Inhabitant residing at

, (city),

here in after referred to as "THE TRANSFEREE" (which expression shall

unless it be repugnant to the context or meaning thereof be deemed to

include his heirs, executors, administrators and assigns) of the OTHER

PART.

WHEREAS :

i. The Transferor is a registered member of

Co-operative Housing Society Ltd., a Co-operative Society formed and

registered under the provisions of the Maharashtra Co-operative

Societies Act, 1960, under Registration No.

dated situated at , (city)

(hereinafter called "the said society") and as member of the said

society, the Transferor is holding ( ) fully paid up shares of

Rs. /- (Rupees only) each bearing

distinctive Nos. to (both inclusive) as per the share

certificate No. issued by the said society (hereinafter called the

"the said shares").

ii. By virtue of being member of the said society, the Transferor is

absolutely seized and possessed of and otherwise well and

sufficiently entitled to flat No. , admeasuring sq.ft. built up

area on the floor of building No. of

(hereinafter called "the said Premises") situated at

(city) belonging to the said

society.

iii. The Transferor has agreed to sell and transfer to the Transferee, and

the Transferee has agreed to purchase and acquire all right, title and

interest of the Transferor in the said share certificate No. and in

flat No. , on the ground floor of building No. of

situated at (city), at or for

the sum of Rs. /- (Rupees

Only) on the terms and conditions

hereinafter contained.

iv. The Transferee has paid to the Transferor the full consideration of

Rs. /- (Rupees only) before

the execution of these presents.

v. The Transferor has obtained the consent of the said society for the

transfer of the said shares and the said premises to the Transferee.

vi. The Transferor has executed and handed over to the Transferee the

Transfer forms and all other letters, documents and writings as

required under the Maharashtra Co-operative Societies Rules, 2061

and bye-laws of the said society for the effectual transfer of the said

Premises and the said Shares.

vii. The stamp duty and registration charges payable in respect of this

Deed of Transfer shall be borne and paid by the Transferee alone.

The transfer fee / premium / Donation payable to the said society in

respect of the transfer of the said shares / premises shall be borne

and paid by the Transferee and the Transferor in equal proportion.

viii. The Transferor has handed over to the Transferee the vacant and

peaceful possession of the said premises along with the original of

the said share certificate and all other documents pertaining to the

said premises and the Transferee has requested the Transferor to

execute these presents which the Transferor has agreed to do in the

manner hereinafter appearing.

NOW THIS INDENTURE WITNESSETH AS FOLLOWS:

1. In pursuance of the aforesaid agreement and in consideration of a

sum of Rs. /- (Rupees only) paid

by the Transferee to the Transferor on or before the execution of

these presents being the full consideration receivable by the

Transferor, (the payment and receipt whereof the Transferor doth

hereby admit and acknowledge) the Transferor for herself and her

heirs, executors and administrators and assigns DOTH HEREBY grant,

convey and transfer unto the Transferee all her beneficial rights,

title and interest into and upon the said shares bearing

distinctive Nos. to (both inclusive) vide share certificate No.

issued by the Co-operative Housing Society

Limited and all funds (including sinking fund) and properties standing

in her name in the records of the said society AND including the flat

No. admeasuring sq.ft. builtup area on the floor of the

building of of the said society

situated at (city) TOGETHER with all

the rights and privileges whatsoever of the Transferor as the member of

the said society and all the rights, title and interest of the Transferor

in the said shares and in the said Premises SUBJECT HOWEVER to the

payment by the Transferee of all taxes and outgoings and other charges

now or hereafter payable to the said society or any other body AND the

Transferor doth hereby covenant with the Transferee that the Transferor

is the absolute owner of the said shares/Premises and she has full right,

power and absolute authority to transfer her rights, title and interest

in the said Premises and the said shares in favour of the Transferee in

the manner aforesaid AND the Transferor doth hereby covenant that she

shall at the request and cost of the Transferee sign and execute such

further deeds, documents and papers which the Transferee may reasonably

require to effectively transfer and vest the Transferor's right, title

and interest in the said shares and the said Premises in favour of the

Transferee.

1. The Transferor declares records and confirms that

a. The said Premises with all rights attached thereto are free

from all encumbrances' charges of any kind whatsoever and

the Transferor has observed the bye-laws of the said society

and cleared all dues in respect of the said Premises till the

date of execution of this transfer deed. The Transferor further

declares that the said shares and the said Premises are

neither the subject matter of any litigation, nor the same are

attached in the execution of any decree whether of

Government or otherwise.

b. The Transferor has not created or purported to create any

tenancy rights, license or other rights of use and occupation

in respect of the said Premises.

c. The Transferor has not contracted to sell / transfer the said

Premises / shares to any other person and the said Premises

/ shares are free from all encumbrances, liens, charges of any

nature whatsoever.

d. The Transferor covenants with the Transferee that the

Transferor shall indemnify and keep indemnified the

Transferee from and against all actions, claims, demands,

charges etc. falling due prior to execution of these presents in

respect of the said shares/ Premises.

e. The Transferor agrees to accompany the Transferee and/or

her legal advisor or her representative to the office of the

Sub-Registrar of Assurance and lodge this transfer deed for

registration and admit the execution thereof. f. The Transferor

agrees to produce his Income-tax Clearance Certificate u/s. 230A of

Income-tax Act, 1961 to enable the Transferee to register this

Transfer Deed.

1. The Transferee declares that on being admitted as a member of the said

society he will observe and abide by the rules regulations and bye-

laws of the said society from time to time in force.

1. The stamp duty, registration charges if any payable in respect of this

deed of transfer and in any other document to be executed in future in

respect of the said Premises / shares shall be borne and paid by the

Transferee alone. The Transfer premium/charges payable to the said

society in respect of the transfer of the said shares/premises shall

be borne and paid by the parties to this Deed in equal proportion.

IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set

and subscribed their respective hands on the day and year first hereinabove

written.

SIGNED AND DELIVERED by the ) withinnamed "THE TRANSFEROR" )

)

in the presence of )

SIGNED AND DELIVERED by the ) withinnamed "THE TRANSFEREE" )

)

in the presence of )

RECEIPT

RECEIVED of and from a sum of

Rs /- (Rupees only) vide Cheque

No. dated / /20 drawn on ,

Branch, (city), being the full and final payment towards the transfer of

share certificate No. issued by Co-operative

Housing Society Ltd. and flat No. on the floor of Building No.

of Co-operative Housing Society Ltd. situated at

, (city) as within mentioned.

I SAY RECEIVED )

Transferor WITNESSES :

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