This Indenture made
at .......... the .................... day of ................. 19 ...........
between ABC & CO. LTD, a company incorporated under the Companies Act, 1956
and having its registered office at .................. (hereinafer called
"the Vendors" which expression shall unless repugnant to the context
or meaning thereof be deemed to include its successors and assigns) of the ONE
PART and XYZ & CO. LTD, a company incorporated under the Companies Act,
1956 and having its registered office at ..........................
(hereinafter called 'the Purchaser" which expression shall unless repugnant
to the context c, meaning thereof be deemed to include its successors and
assigns) of the OTHER PART.Whereas by an
Indenture of sale (hereinafter called "the said sale deed") dated the
...................... (and registered with the sub-registrar of Assurances at
................. under Sr. No ................ of on the
....................... of. .......... of Book No. 1) and made between Shri X
and Shri Y of the one part and the vendors of the other part the said X and Y
conveyed unto the vendors, its successors and assigns all those pieces or
parcels of land or ground situate lying and being at village ................
in .................. in the Registration District and sub-District of
..................... ............. admeasuring ................. acres and
more particularly therein described and delineated on the plan annexed thereto
being thereto shown surrounded by red-coloured boundary line (whereof the land
more particularly described in the First Schedule hereinunder written and
intended to be hereby assigned and transferred constitutes a portion) for the
term of .................. years from the ................... at the monthly
rent of Rs .................... payable on the .day of each and every
English calendar month and subject to the covenants and conditions thereon
contained and on the part of the lessee to be performed and observed as therein
provided.And Whereas by a Deed
of Confirmation dated the ..................... (and registered with the
Sub-registrar of Assurances at Bombay under Sr. No. of ........................
on the ................... day of.. Book No. 1)
and made between ................ as administrator of the estate andeffects of the said
........ of the one part, the vendors of the other part the said
................................... did thereby adopt, ratify, confirm and
assure the said Lessee in favour of the vendors.And Whereas the
Vendors have sub-divided the entire area of ... ....... ... acres demised
........................... by the said lease into several plots (including
plot Nos . ..... and ........... more particularly described in the First
Schedule hereunder written and intended to be hereby assigned and transferred)
with common roads, etc. and had the layout duly approved by the Municipal
Corporation of..And Whereas by an
Agreement for sale dated the and made between the vendors of the one part and
the purchaser of the other part, the vendors have agreed to sell and the
purchaser has agreed to purchase the said plot Nos . ................ and
consisting of ......................... flats when completed free from all
encumbrances at or for the price to be calculated at the rate of Rs
....................... per sq. ft. of the actual total built-up area thereon
as might be by measurement as provided therein.And Whereas pursuant
to clause 2(9) of the said Agreeent to, sale, a sum of Rs .
.......................... became payable by the purchaser to the vendors pon
the execution thereof while the balance of the price calculated as aforesaid is
payable to the vendors by the purchaser by instalment. in the manner set out in
the Third Schedule thereunder written.And Whereas the
purchaser accordingly paid to the vendors the sum of Rs .
.......................... on the ............ day of .................. as
earnest money.And Whereas the
purchaser has also subsequently made further ) payments to the vendors under
the provision in that behalf contained in he Third Schedule to the said
agreement for sale as hereunder -mentioned, that is to say-Rs .
............................. on the .............. day of
......................Rs .
............................. on the .............. day of
......................Rs .
............................. on the .............. day of ......................Rs .
.............................. on the .............. day of
......................Rs .
............................. on the .............. day of
......................And Whereas the said
six buildings have at the date hereof been Instructed by the vendors upto the
plinth thereof.And Whereas for the
purpose of stamp duty the value of the said leasehold land together with the
building erections and structure is estimated to be Rs . ...............
(Rupees ..................................... ).And Whereas the
Deputy Collector and Competent Authority (ULC) . ................... appointed
under the provisions in that behalf contained in the Urban Land (Ceiling &
Regulation) Act, 1976 has given his permission to the vendors to assign and
transfer by way of sale the said land with the six buildings thereon to the
purchaser as is evidenced by his order No .................... dated
.................. day of .............. addressed the vendors, a copy of which
has been set out in the Third Schedule hereunder written.And Whereas it has
been agreed that the vendors shall retain the deeds and documents comprised in
the Second Schedule hereunder written which relate to the plots of land
intended to be hereby assigned and transferred as also to the other plots of
land retained by the vendors and shall enter into such covenants with the
purchaser with regard thereto as are hereinafter contained.NOW THIS INDENTURE
WITNESSETH that in pursuance of the said Agreement for sale and in consideration
of the sum of Rs ....................... (Rupees
........................................... ) paid on the ........... day of
....................... as deposit or earnest money as hereinabove recited and
of the further sum of-Rs .
........................ only paid on the ................. day of
.................Rs .
......................... only paid on the ................. day of
.................Rs .
......................... only paid on the ................. day of
.................Rs . .........................
only paid on the ................. day of .................Rs .
......................... only paid on the ................. day of
.................Rs .
......................... only paid on the ................. day of .................respectively by the
purchaser to the vendors (the receipt of which said sums including the earnest
money the vendors do hereby admit and acknowledge and of and from the same and
every part thereof for ever acquit, release and discharge the purchaser) and
the balance of Rs ...................... (Rupees
................................... ) or thereabouts hereafter payable as
provided in the Third Schedule to the said agreement for sale making together
the sum of Rs ..................... or thereabouts being the full consideration
money agreed to be paid as aforesaid. They the Vendors DO HEREBY ASSIGN,
TRANSFER and unto the purchaser ALL THOSE pieces or parcels of leasehold land
or ground constituting plot Nos ..................... and ................ of
the sanctioned layout and sub-division admeasuring .............. sq. yards
equivalent to .................. sq. meters bearing survey No ..............
(part), Hissa No ....................... of village in the registration Sub-
District and District of .................. and more particularly described in
the First Schedule hereunder written and delineated on the plan thereof hereto
annexed being thereon surrounded by red coloured boundary lines being a portion
of the land demised by the said lease together with all courtyards areas,
compounds, sewers, drains, ditches and fences, trees, plants, shrubs, ways,
paths, passages, common gullies, well, water, water-courses, rights, liberties,
privileges, easements, profits, advantages, rights, members and appurtenances
whatsoever to the said leasehold land or ground belonging or in anyway
appertaining and with the same or any part thereof now or at any time
heretofore usually held, used, occupied or enjoyed or reputed or known as part
or member thereof and to belong and be appurtenant thereto and all the estate
right, title, interest, property claim and demand whatsoever at law and in
equity of the vendors in to, out of or upon the said leasehold and
hereditaments and premises or any part thereof TO HAVE AND TO HOLD all and
singular the said leasehold land, hereditaments and premises and all other the
premises hereby assigned and transferred or intended or expressed to be with
their and every of their rights, members and appurtenances (all of which are
hereinafter called the said "leasehold premises") UNTO AND TO THE USE
and benefit of the purchaser, its successors and assigns henceforth for all the
residue now unexpired of the term of ninety-eight years and the renewal or
renewals thereof SUBJECT to the covenants and conditions contained in the said
lease so far as the same relate to the said leasehold premises and henceforth
on the part of the purchaser as the lessee thereof to be observed and performed
and subject further to the payment of all rents, rates, charges, assessments,
dues and duties now chargeable upon the same or hereafter to become payable in
respect thereof to Government, the Municipal Corporation of .............. or
any other local or public body or authority in respect thereof.AND THIS INDENTURE
FURTHER WITNESSETH that in further pursuance of the said agreement for sale and
for the consideration aforesaid they the vendors DO HEREBY GRANT, CONVEY,
TRANSFER AND ASSURE unto the purchaser all those the buildings, erections and
structures erected and standing or being erected thereon together with all
sewers, drains, ditches, assessments, profits, privileges, rights, members and
appurtenances whatsoever thereto belonging or in anyway appertaining and with
the same or any part thereof now or at any time heretofore usually held, used,
occupied or enjoyed or reputed or known as part or member thereof and to belong
or be appurtenant thereto and all the estate right, title, interest, property,
claim and demand whatsoever at law or in equity into out of or upon the said
buildings, erections and structures or any part thereof to have and to hold the
said buildings, erections and structures hereinbefore expressed to be hereby
granted, conveyed, transferred and assured with their appurtenances (all
hereinafter called the said freehold premises) unto and to the use of the
purchaser for ever subject nevertheless to the payment of all rates, taxes
assessments, dues and duties now chargeable upon the same or which may
hereafter become payable to Government, the Municipal Corporation of
.................. or to any local or public body or authority in respect
thereof.AND THE VENDORS DO
HEREBY COVENANT with the purchaser, its successors and assigns that
notwithstanding any act, deed,or thing by the
vendors or any person or persons lawfully or equitably claiming from, under or
in trust for the vendors done, executed, omitted or knowingly suffered to the
contrary the said lease is now valid and subsisting and not in anyway
forfeited, surrendered or become void or voidable and that the covenants and
conditions on the part of the vendors by and in the said lease reserved and
contained have been duly performed and observed upto the date of these presents
and that notwithstanding any such act, deed or thing as aforesaid the vendors
now have good right, full power and absolute authority to grant, assign and
transfer the said leasehold premises hereinbefore assigned and transferred or
expressed so to be and to grant, convey, transfer and assure the said freehold
premises unto and to hereinbefore granted, conveyed, transferred and assured or
expressed so to be unto and to the use of the purchaser in manner aforesaid and
that it shall be lawful for the purchaser from time to time and at all times hereafter
peaceably and quietly to hold, enter upon, have, occupy, possess and enjoy the
said leasehold premises hereinbefore assigned and transferred or expressed so
to be and the said freehold premises hereinbefore granted, conveyed,
transferred and assured or expressed so to be with their respective
appurtenances and receive the rents, issues and profits thereof and of every
part thereof to and for its own use and benefit without any lawful eviction,
interruption, claim or demand whatsoever from or by the vendors or from any
person or persons lawfully or equitably claiming or to claim by, from, under or
in trust for the vendors and that free and clear and freely and clearly and
absolutely acquitted, exonerated, released and forever discharged or otherwise
by the vendors well and sufficiently saved, defended, kept harmless and
indemnified by, from and against ail former and other estates, title, charges
and encumbrances whatsoever either held or to be hereafter had, made, executed,
occasioned or suffered by the Vendors or by any other person or persons
lawfully or equitably claiming or to claim by, from, under or in trust for them
and that the vendors and all persons having or lawfully or equitably claiming
any estate, right, title or interest at law or in equity in the said leasehold
premises hereinbefore assigned and transferred and the said freehold premises
hereinbefore granted, conveyed, transferred and assured or any of them or any
part thereof by, from, under or in trust for the vendors 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,
assignments and assurances in law whatsoever for the better, further and more
effectually assuring the said leasehold premises and the said freehold premises
or any of them or any part thereof unto and to the use of the purchaser in
manner aforesaid as shall or may be reasonably required by the purchaser. AND
THIS INDENTURE ALSO WITNESSETH that in pursuance of the aforesaid agreement and
in consideration of the premises the vendors do for themselves, their
successors and assigns with intent to bind so far as they can all persons into
whose hands the said deeds and writings comprised in the Second Schedule
hereunder written shall come FURTHER COVENANT with the purchaser, its
successors and assigns that they the vendors shall and 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 cost of the purchaser or any
other person or persons lawfully or equitably claiming through or under the
purchaser any estate or interest in the said leasehold premises hereinbefore
assigned and transferred, produce or cause to be produced to the purchaser or
other, the person or persons or their solicitors or agents at any trial,
hearing, commission or examination or otherwise as occasion shall require all
or any of the said deeds and writings comprised in the said Second Schedule
hereunderwritten (which relate
as well to the said leasehold premises as also to other land and premises
belonging to the vendors and the possession of which is retained by the
vendors) for the proof, defence and support of the title of the purchaser, its
successors and assigns or any such other person or persons as aforesaid to the
said leasehold premises more particularly described in the First Schedule
hereunder written and hereinbefore assigned and transferred or any part thereof
and will permit the same to be examined, inspected or given in evidence and
will also at the like request and at the cost of the purchaser, its successors
and assigns or any other person or persons as aforesaid deliver or cause to be
delivered to it such attested or other copies or abstracts of or extracts from
the same deeds and writings respectively or any of them as it may require and
shall and will in the meantime unless prevented as aforesaid keep the same deeds
and writings safe, unobliterated and uncancelled provided always and it is
hereby declared that in case the vendors or their successors and assigns shall
deliver the said deeds and writings or any of them to any future purchaser or
purchasers of any of the hereditaments to which the same may relate or to any
other person or persons for the time being entitled to the custody of the said
deeds and writings and shall thereupon at their own cost and charges procure
such purchasers or purchaser persons or person to other into a covenant with
the purchaser, its successors and assigns. similar in all respects to the
covenant hereinbefore contained then and in such case and immediately thereupon
the last mentioned covenant shall cease and become and be null and void so far
as regards the deeds and writings to which the said substituted covenant shall
relate.AND THE PURCHASER
DOTH HEREBY COVENANT with the vendors that the purchaser shall and will at all
times hereafter during the continuance of the said term granted by the said
lease and the renewal or renewals thereof observe and perform the covenants and
conditions contained in the said lease in so far as the same relate to the said
leasehold premises and henceforth on the part of the purchaser as the lessees thereof
to be observed and performed and will at all times hereafter keep the vendors
effectually indemnified from and against the observance and performance of the
said covenants so far as the same relate to the said leasehold premises and all
actions, proceedings, costs, damages, expenses, claims and demands whatsoever
which may be incurred or sustained in respect thereof by reason of or on
account of the breach or non-observance or non-performance of the said
covenants and conditions or any of them.IN WITNESS WHEREOF
the vendors and purchaser have caused their common seals to be hereto affixed
the day and year first hereinabove written.The First Schedule
above referred to(Description of
Property)The Second Schedule
above referred to(List of title deeds)The Third Schedule
above referred toPermission under
Urban Land (Ceiling & Regulation) ActWITNESSES The Common
Seal of the within named vendors Saurabh and Gaurav Co Pvt Ltd was hereunto
affixedpursuant to the
Resolution of its Board of Directors passed on the day of
................................ in thepresence of Mr
................................ a Director of the Company who has signed these
presents in token thereof in the presence of ..................................The Common Seal of
the within named Purchasers Puliani Paper Manufacturing Co Ltd was hereuntoaffixed pursuant to
the Resolution of its Board of Directors passed on the
......................... day of ................... in the presence of Mr
................... and Mr ............................... Directors of the
company who have signed these presents in token thereof in the presence of:Received of and from
the within named purchaser Puliani Paper Mfg Co Ltd the aggregate sum of Rs
............ (Rupees ............................ ) as and on the dates within
mentioned the balance being hereafter payable to us as provided in the Third
Schedule to the within recited Agreement for sale ...................... Rs
.................We say receivedVendors