Deed Of Conveyance Of A Part Of The Building - Legal Draft

This Deed of

Conveyance (or Transfer) is made at ....... this day of ....... between Mr. A

of ....... 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

absolutely seized and possessed of or otherwise well and sufficiently entitled

to the land with building thereon situate at .... ... and more particularly

described In the 1st Schedule hereunder written.And Whereas the said

building consists of a ground and two upper floors each floor having one

independent flat or block used for residence and the floor or the flat on the

first floor is vacant and is described more particularly in the 2nd Schedule

hereunder written (hereinafter referred to as the said Flat). The ground floor

Is occupied by a tenant of the vendor and second floor flat is occupied by the

vendor and his family.And Whereas the

Purchaser has requested the Vendor to transfer to him the said flat or the

first floor premises on ownership basis and which the Vendor has agreed to do

at the price and in the manner hereinafter appearing.NOW THIS DEED

WITHNESSETH that pursuant to the said agreement and In consideration of the sum

of Rs ........ (rupees ....... ) paid by the purchaser to the Vendor (receipt

whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and

transfer by way of sale on ownership basis the said flat or first floor

premises described An the Second Schedule hereunder written and situate in and

forming part of the building standing In the said piece of land described in

the First Schedule hereunder written, together with the benefit of all things

permanently attached theretoAnd forming part

thereof namely the floor, at the first floor level, outer walls of the said

flat or premises and all internal construction, fittings and fixtures and

flooring and upper ceiling and all privileges, casements. profits, advantages

rights and appurtenances and all the estate right, right title and Interest use

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

Vendor to the said flat or first floor premises and other the premises hereby

transferred and every part thereto TO HAVE AND TO HOLD the same unto and to the

use of the purchaser absolutely subject however to the proportionate liability

for payment of all taxes, rates, assessment, dues and duties now charged and

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

in respect of the said flat to the Government or Municipal Corporation (or

Council) or any other public body or local authority in respect thereof.And

for the beneficial enjoyment of the said flat or first floor premises as well

as of the said land and the remaining part of the said building by the

respective parties to whom they shall belong. It is hereby mutually agreed and

covenanted by and between the Parties hereto as follows -1. The Vendor hereby

grants to the Purchaser and the Purchaser shall have the right in common with other

occupants of the said building to pass and re-pass over the passage from the

main door of the said flat leading to the staircase and over the staircase and

the ground floor passage leading to the main road on which the said building

abuts at all the time during day and night.2. The Purchaser shall

have no right to use the said passage or any other area outside the flat for

storing any material whatsoever or to use it for any other purpose.3. The Purchaser shall

be liable to pay to the Vendor the proportionate expenses incurred by the

Vendor for carrying out any repairs to the said building including the said

flat or first floor premises for painting or whitewashing the outside walls

including expenses for repairs to the water, electricity and drainage connections

and amenities and which repairs will be of a nature common to or for the

benefit or advantage of the whole building and for the maintenance and upkeep

of the said whole building.4. The Purchaser will

have no right or claim to the said land on which the said building stands or

any part thereof and in the event of the complete destruction of the building

by fire or earthquake or any other calamity, the purchaser will have no right

or claim thereto.5. The said building

shall be insured by the Vendor In the joint names of the Vendor and Purchaser

for such amount as will be equal to the cost of construction thereof for the

risk as to 'destruction' due to fire and in the event of the said building

Including the said flat being destroyed or damaged by fire the Purchaser will

be entitled to the proportionate share In the insurance money paid by the

insurance company. The Purchaser shall also pay to the Vendor the proportionate

share in the yearly premium payable to such company.6. The charges payable

in respect of Water and Electricity An respect of the said flat or first floor

premises hereby transferred will be borne by the Purchaser alone and the same

if common to the whole building will be paid by the Vendor and the purchaser

proportionately.7. The Purchaser shall also

be liable to pay to the Vendor proportionate expenses Incurred for common

expenses by way of sweepers wages, watchmen's wages if any or otherwise as any

may be required to be incurred for the maintenance and protection of the said

building.8. The Purchaser shall

carry out promptly all maintenance and repair work of the said flat or first

floor premises which if omitted would be a danger to the other parts of the

said building or any part thereof and will be responsible for the damages and

liabilities that the Purchaser's failure to do so may endanger or result.9. All the repairs to

the Internal Installations of the said flat or first floor premises hereby

transferred such as water, light and gas, power sewage, telephones,

airconditioners, sanitary installations, doors, windows, lamps and all other

accessories belonging to or forming part of the said flat shall be at the

expense of the Purchaser10. The Purchaser shall

not make any structural modifications or alterations in the said fiat and the

installations located therein which will affect or damage any other portion of

the said building and without notifying the Vendor in writing at least two

weeks before the commencement of such work.11. The Vendor shall

permit the Purchaser or his representative. when so required, to enter any part

of the said land and building for the purpose of fixing any installations,

making alterations or repairs to the said flat provided that such request for

entry is made in advance and that such entry Is convenient to the Vendor. except

In case of emergency.12. The purchaser shall

not Install wiring for electrical or telephone installation. television

antenna, machinery or air-conditioning units etc., on the exterior parts of the

said flat or in common areas without the consent of the Vendor which will not

be unreasonably refused.13. The Vendor will also

not carry out any structural repairs or modifications to the said building

which will cause any damage to the said flat externally or internally unless

such repairs or modifications are absolutely necessary for the maintenance of

the building or are required to be carried out by any legal authority.14. Each of the parties

will not do or cause to be done any act or omission of commission, which would

cause nuisance or annoyance to the other.15. No expenses for

repairs or other purposes mentioned above will be incurred without the prior

notice to the Purchaser and without his approval.16. If the Vendor fails

to carry out any repairs as agreed and which are required to be carried out or

required by the Government or Municipality or other local authority within a

reasonable time, the Purchaser will be entitled to carry out the same and in

that event the Vendor will be liable to pay the proportionate part thereof to

the Purchaser.17. The proportion of the

expenses and other liabilities mentioned above would mean the proportion which

the total built up area on the said land bears to the built up area of the said

flat or first floor premises hereby transferred.18. The expressions

'Vendor' or 'Purchaser' used include their respective heirs. executors

administrators and assigns.19. Any amount payable by

the Vendor to the Purchaser or by the Purchaser to the Vendor under these

presents will be a charge on the portion of the said building belonging to him

and such charge can be enforced by the other, by sale of such portion of the

said property through court.20. All the agreements or

covenants hereinbefore mentioned as given by the parties hereto to each other

shall be attached to and run with their respective portions of the said property

to which may relate.21. The Purchaser shall

be the full owner of the said flat and subject to what is provided above his

ownership will be heritable and transferable.II. AND THE VENDOR

HEREBY COVENANTS WITH THE PURCHASER AS FOLLOWS1.

That

the Vendor has in himself good right and full power to transfer the said flat

or first floor premises on ownership basis In the manner aforesaid.2.

The

Purchaser may from time to time and at all times hereafter peaceably and

quietly enter upon and exclusively occupy or possess and enjoy the said flat or

first floor premises with the appurtenances and receive the rents, income and

profits thereof if any for his own use and benefit without any suit lawful

eviction or Interruption. claim or demand whatsoever from or by the vendor or

his heirs, executors, administrators or assigns or by any person or persons

claiming or to claim from or In trust for them or any of them.3.

The

Purchaser shall hold the said flat or 1st floor premises freely and clearly and

absolutely exonerated and for ever released or discharged or otherwise by the

Vendor and well and sufficiently saved, defended kept. harmless and indemnified

of, from or against all former and other estates, title, charges or

encumbrances whatsoever made occasioned or suffered by the Vendor or by any

other person or persons 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 flat or first floor premises hereby transferred by, from, under or

In trust for the Vendor or his heirs, executors administrators or assigns or

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

request and cost of the Purchaser do an execute or cause to be done and

executed all such further and other lawful acts, deeds and things In the law

whatsoever for the better and more perfectly and absolutely granting the said

flat or first floor premises unto and to the use of the Purchaser In manner

aforesaid as by the Purchaser, his heirs, executors or administrators or

assigns shall be reasonably required.IN WITNESS WHEREOF

the Vendor and the Purchaser have put their hands the day and year first

hereinabove written.THE FIRST SCHEDULE

ABOVE REFERRED TO(Description of the

whole property)THE SECOND SCHEDULE ABOVE

REFERRED.(Description of the

Flat Including Its built up area,accommodation,

boundaries, floor No. etc.)Signed and delivered

by the withinnamed Vendor Mr .......In the presence of

.......Signed by the

withinnamed Purchaser Mr ........In the presence of

.......