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Deed Of Conveyance Subject To Mortgage Legal Draft Template

Category Agreements Sale
Format
File name Deed of Conveyance Subject to Mortgage

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This Deed of

Conveyance is made at ......... this ....... .... day of ...

.................... Between Mr. 'A' of ...... ..... 1 ........... (hereinafter

referred to as 'the Vendor') of the One Part, and Mr. 'B' of

.................................. (hereinafter referred to as 'the Purchaser')

of the Other Part..Whereas the Vendor is

seized and possessed of or otherwise well and sufficiently entitled to the land

and premises situate at .. and more particularly described in the

Schedule hereunder written.And Whereas by a Deed

of Mortgage dated the ... day of ... made between the Vendor therein referred

to as the Mortgagor of the One Part and M/s AB & Co. a partnership firm by

its partners (1)... (2)... (3)... therein referred to as the Mortgagees of the

Other Part and registered at the office of the Sub Registrar at ... under S.

No. . . .. of Book No.. . . . . I on the ... day of ... the Vendor has granted

and conveyed the said land and premises unto the said Mortgagees to secure a

sum of Rs.... lent and advanced by the Mortgagees to the Vendor and Interest

thereon and other moneys becoming due and payable thereunder To Have And To

Hold the said land and premises unto the said mortgagees, subject to the

covenant for redemption and to the other terms, provisions and declarations

therein contained.And Whereas the

Vendor has agreed to sell the said property to the Purchaser subject to the

said mortgage at the price of Rs ...... .. and has received from the Purchaser

a sum of Rs ........ as earnest money on the execution of this agreement.And Whereas the

Purchaser has requested the Vendor to execute these presents which he has

agreed to do.And Whereas for the

purposes of stamp duty the consideration is valued at ... ... market value is

fixed at ........NOW THIS DEED

WITNESSETH that pursuant to the said agreement and in consideration of the sum

of Rs.. . . paid as earnest money and the sum of Rs.. . . . paid on or before

the execution of these presents, making together the said sum of Rs ...... ..

agreed to be paid by the Purchaser to the Vendor (receipt whereof the Vendor

hereby admits), He, the Vendor doth hereby convey and transfer by way of sale

unto the Purchaser all that piece of land with the building and structures

standing thereon situate at ..... .. In the Registration Sub District of .....

.. ..... ... and more particularly described in the Schedule hereunder written

and delineated on the Plan thereof hereto annexed by red coloured boundary line

TOGETHER WITH ALL the things permanently attached thereto or standing thereon

and all the privileges, casements, profits, rights and appurtenances whatsoever

to the said land and other premises or any part thereof belonging or anywise

appertaining thereto and ALL the estate, right. title, interest, use,

possession, benefit, claim and demand whatsoever at law or otherwise of the

Vendor to the said piece of land and other the premises hereby conveyed and every

part thereof TO HAVE TO HOLD the same unto and to the use and benefit of the

Purchaser absolutely, and for ever but subject to the said mortgage

hereinbefore recited and to all the liability thereunder And subject to the

payment of all rents, rates, taxes, assessments. dues and duties now chargeable

and payable and that may become chargeable and payable from time to time

hereafter in respect of the same to the Government or the Municipal Corporation

of ...... or any other public body or local authority In respect thereofAND the Vendor doth

hereby covenant with the Purchaser that,1.

The

Vendor now has in himself good right full power and absolute authority to

convey and transfer by way of sale the said piece of land, and other the

premises hereby conveyed or intended so to he unto and to the use of the

Purchaser in the manner aforesaid.,2.

Subject

to the said mortgage the Purchaser may from time to time and at all times

hereafter peaceably and quietly enter upon, occupy. or possess and enjoy the

said land, and premises hereby conveyed with their appurtenances. and receive

the rents, issues and profits thereof and every part thereof for his own use

and benefit without any suit, lawful eviction or Interruption. claim and demand

whatsoever from or by him the Vendor or his heirs or any of them or by any

person or persons claiming or to claim, from, under or in trust for him or any

of them;3.

Subject

to the said mortgage the Purchaser shall hold the said land and premises free

and clear and freely and clearly and absolutely exonerated, and forever

released and discharged or otherwise by the Vendor and well and sufficiently

saved, defended, kept harmless and indemnified of from and against all former

and other estates, titles, charges and encumbrances whatsoever had made,

executed. occasioned and suffered by the Vendor or by any other person or

persons claiming or to claim by, from, under or in trust for him;4.

The

Vendor and all persons having or claiming any estate, right, title, or interest

In the said land, and premises hereby conveyed or any part thereof by, from,

under or In trust for the Vendor or his heirs, executors, administrators or any

of them shall and will from time to time and at all times hereafter at the

request and costs of the Purchaser do and execute and cause to be done and

executed all such further and other lawful acts. deeds, things, conveyances and

assurances in the law whatsoever for the better and more perfectly and

absolutely granting the said land, and premises and every part thereof hereby

conveyed unto and to the use of the Purchaser In manner aforesaid as by the

Purchaser, his heirs, executors or administrators and assigns shall be

reasonably required.And the Purchaser

doth hereby covenant with the Vendor that the Purchaser will pay all the principal

amount with interest thereon and all other moneys becoming payable under the

said Deed of Mortgage hereinbefore recited and agrees to indemnify and keep

indemnified the Vendor against all liability and loss. costs, charges and

expenses that he may incur or suffer on account of his personal covenant to pay

all the amount due and payable under the said Deed of Mortgage to the said

Mortgagees.IN WITNESS WHEREOF

the Vendor has put his hand the day and year first hereinabove written.THE SCHEDULE ABOVE REFERRED

TO(Description of the

property)SIGNED AND DELIVERED

BY THE VendorShri ..... .. in the

presence ofSigned by the

withinnamedPurchaser ..... .. in

the presence ofRECEIVED THE day and

year first hereinabove written from the abovenamed Purchaser the sum of Rs

...... .. which together with the sum of Rs ...... . received as earnest money

as aforesaid makes up the sum of Rs ........ being the full consideration to be

paid by him to me.WitnessI say receivedVendor.

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