Deed Of Mortgage By Conditional Sale - Legal Draft

This Deed Of Sale

made is at... this ... day of... between Mr. A residing at ... hereinafter

referred to as the Vendor, of the One Part, and Mr. B residing at ...

hereinafter referred to as the Purchaser of the Other Part.Whereas the Vendor is

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

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

hereunder written.And Whereas the

Vendor Is In need of money and has requested the Purchaser to advance to him a

sum of Rs. ... which the Purchaser has agreed to do on the Vendor agreeing to

execute this deed of sale in favour of the Purchaser in respect of the said

property in the manner following.Now This Deed

Witnesseth That1.

Pursuant

to the said agreement and In consideration of the said sum of Rs ....... paid

by the Purchaser to the Vendor on the execution of these presents (receipt

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

convey unto the Purchaser all the said piece of land with building thereon and

situate at ..... and more particularly described in the Schedule hereunder

written together with all and singular all the things permanently attached

thereto or standing thereon and all the liberties, easements, profits,

privilege. rights. members and appurtenances whatsoever to the said piece of

land and premises belonging or in anywise appertaining to or with the same or

any part thereof and now or at any time hereafter usually held, used, occupied

or enjoyed or reputed as part or member thereof or be appurtenant thereto And

all the estate, right, title. claim and demand of the Vendor into and upon the

said land and other the premises hereby granted TO HOLD the same unto and to

the use of Purchaser subject to what Is hereafter provided and subject to the

payment of rates, taxes. assessments, dues and duties now chargeable upon the

same or which may hereafter become payable in respect thereof to the Government

or the Municipal Corporation or any other local authority.2.

And

it is hereby agreed and declared that if the Vendor shall. at any time

hereafter repay to the Purchaser the said sum of Rs ..... within a period of ..

. years that is on or before the ...... day of ...... the grant and transfer of

the said property as hereinbefore provided shall become void and In that event

the Purchaser shall retransfer the said property to the Vendor or his heirs.

executors, administrators or assigns by executing a document of re-sale.3.

Provided

however and it is agreed that, if the Vendor or his heirs. executors,

administrators or assign shall fall to repay the said amount of Rs. ... within

the said period then the grant and transfer of the said property to the

Purchaser hereby made shall become absolute in favour, of the Purchaser his

heirs, executors, administrators or assigns.4.

And

the Vendor doth hereby covenants with the Purchaser thata. The Vendor has good

right and full power to grant the said land and building hereby granted or

expressed so to be and every part thereof unto and to the use of the Purchaser

in manner aforesaid.b. That the Purchaser

shall quietly possess and enjoy the said property and receive the rents, Income

and profits thereof without any lawful interruption or disturbance whatsoever

by the Vendor or any person or persons lawfully claiming under from or through

him and shall be at liberty to pay thereout the Govt. revenue and all other

charges of a public nature and all rents if any accruing due in respect of the

said premises during such possession and any arrears of rent in default of

payment of which the said land and premises may be summarily sold and all

expenses incurred for the management of the said premises and the collection of

rents. Income, profits and all other outgoing including costs of repairs of the

said premises.c. That the said

premises are free and clear and freely and clearly and forever released and

discharged or otherwise by the Vendor well and sufficiently saved, kept

harmless and indemnified of and from and against all previous and other

estates, title, charges and encumbrances whatsoever had made. executed or

suffered by the Vendor or any other person lawfully claiming under him.d. That the Vendor and

all persons claiming any estate or Interest In the said premises under him,

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

the Purchaser and at the costs of the Vendor do and execute or cause to be done

or executed, all such acts, deeds and things whatsoever for further and more

perfectly assuring all or any of the said premises unto and to the use of the

Put-chaser in such manner aforesaid as shall or may be reasonably required by

the Purchaser.IN WITNESS WHEREOF

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

REFERRED TOSigned and delivered

by the withinnamed Vendor Mr.in the presence of

...1.2.